Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, January 7, 2019 1:00 PM Old Jail Courtroom Call To Order Members Present: Howard, Leanhart, Turner, Young, and Fishman Members Absent: Buttorff, and Jagoe Approval Of Minutes 1. BOZA_Minutes_12.17.18 Approval of the Minutes from the December 17, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Howard, seconded by Board Member Leanhart, that the Minutes from the December 17, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: Board Members Howard, Leanhart, Young, Fishman Abstain: Board Member Turner Absent: Board Members Buttorff, and Jagoe Public Hearing 2. 18VARIANCE1107 Request: Variance to allow a proposed addition to encroach into the required side yard Project Name: Farmer bathroom addition Location: 1100 Charles Street Owner/Applicant: Steven Farmer Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 18VARIANCE1107, Variance from Land Development Code Table 5.2.2 to allow a structure to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: Board Members Howard, Leanhart, Turner, Young, and Fishman Absent: Board Members Buttorff, and Jagoe Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary January 7, 2019 3. 18VARIANCE1109 Request: Variance to allow signage to exceed 60 sq. ft. on one façade Project Name: Story Avenue Variance Location: 1201 Story Avenue Owner: Andy Blieden, Jakeland LLC Applicant: David Scull - Rueff Signs Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Zach Schwager, Planner I A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18VARIANCE1109, Variance from Land Development Code Table 8.3.2 to allow attached signage to exceed 60 square feet in area per facade, be APPROVED. The motion carried by the following vote: Yes: Board Members Howard, Leanhart, Turner, Young, and Fishman Absent: Board Members Buttorff, and Jagoe 4. 18VARIANCE1110 Request: Variance to allow a proposed freestanding sign to be located within the streamside zone of a Type “B” stream buffer Project Name: Jefferson Boulevard Variance Location: 5161 Jefferson Boulevard Owner: Steve Scott, Jefferson Boulevard Office Condominiums LLC Applicant: Amy Cooksey - Mindell Scott & Associates Jurisdiction: Louisville Metro Council District: 2 - Barbara Shanklin Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Howard, that Case Number 18VARIANCE1110, Variance from Land Development Code Table 4.8.1 to allow a freestanding monument sign to be located within the streamside zone of a Type "B" stream buffer, be APPROVED. The motion carried by the following vote: Yes: Board Members Howard, Leanhart, Turner, Young, and Fishman Absent: Board Members Buttorff, and Jagoe Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary January 7, 2019 5. 18VARIANCE1112 Request: Variance to allow a proposed addition to encroach into the required side yard setback Project Name: S. Shelby Street Variance Location: 1105 S. Shelby Street Owner: Eric Seward Applicant: Justin Bauer Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Zach Schwager, Planner I A motion was made by Board Member Turner, seconded by Board Member Young, that Case Number 18VARIANCE1112, Variance from Land Development Code Section 5.1.10.F to allow a structure to encroach into the required side yard setback, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. A survey of the southern property line shall be completed prior to the commencement of construction activity and shall be staked in the field. No projections from the façade or building foundation shall cross the property line; any such projections shall be accommodated by stepping back the proposed structure from the property line. The motion carried by the following vote: Yes: Board Members Howard, Leanhart, Turner, Young, and Fishman Absent: Board Members Buttorff, and Jagoe 6. 18VARIANCE1113 Request: Variance to allow an existing principal structure to encroach into the required side yard setback Project Name: Malone Place Variance Location: 910 Malone Place Owner: Louis Guttman, Anabasis LLC Applicant: Kathryn Matheny - Cardinal Surveying Jurisdiction: Louisville Metro Council District: 19 - Anthony Piagentini Case Manager: Zach Schwager, Planner I A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 18VARIANCE1113, Variance from Land Development Code Table 5.3.1 to allow a structure to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: Board Members Howard, Leanhart, Turner, Young, and Fishman Absent: Board Members Buttorff, and Jagoe Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary January 7, 2019 7. 18VARIANCE1111 Request: Variance for a structure to exceed the infill front and street side maximum setbacks and a sidewalk waiver Project Name: Smyrna Parkway Variance and Waiver Location: 8208 Smyrna Parkway Owner/Applicant: Danny Smith Jurisdiction: Louisville Metro Council District: 23 - James Peden Case Manager: Chris French, AICP, Planning Supervisor A motion was made by Board Member Turner, seconded by Board Member Howard, that Case Number 18VARIANCE1111, Variance to allow the structure to be setback 37 feet from Bay Pine Drive property line and 41 feet from Smyrna Parkway property line (Land Development Code 5.1.12.B.2), be APPROVED. The motion carried by the following vote: Yes: Board Members Howard, Leanhart, Turner, Young, and Fishman Absent: Board Members Buttorff, and Jagoe A motion was made by Board Member Turner, seconded by Board Member Howard, that Case Number 18VARIANCE1111, Waiver from Land Development Code Section 5.8.1 to not provide a sidewalk along the Bay Pine Drive street frontage, be APPROVED. The motion carried by the following vote: Yes: Board Members Howard, Leanhart, Turner, Young, and Fishman Absent: Board Members Buttorff, and Jagoe Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary January 7, 2019 8. 18CUP1082 Request: Conditional Use Permit for an off-street parking area with landscaping waivers Project Name: Parking Location: 4020 Poplar Level Road Owner: Pin-Realty, LLC Applicant: John M. Schmitt, CPA Jurisdiction: Louisville Metro Council District: 10-Pat Mulvihill Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 18CUP1082, Conditional Use Permit to allow off-street partking in an OR-1 Zoning District, with RELIEF from Listed Requirement A (200 foot distance) be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. The site shall be developed in strict compliance with the approved development plan (including all notes thereon). No further development shall occur on the site without prior review and approval by the Board. 2. The Conditional Use Permit shall be "exercised" as described in KRS 100.237 within two years of the Board's vote on this case. If the Conditional Use Permit is not so exercised, the site shall not be used for off-street parking without further review and approval by the Board. The motion carried by the following vote: Yes: Board Members Howard, Leanhart, Turner, Young, and Fishman Absent: Board Members Buttorff, and Jagoe A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18CUP1082, Waivers to reduce the required property perimeter buffer requirements along the southern property line as well as a portion of the northern property line (Land Development Code 10.2.4), and Waiver to allow Interior Landscape Areas to be less than 290 square feet and 8 feet (Land Development Code 10.2.12), be APPROVED. The motion carried by the following vote: Yes: Board Members Howard, Leanhart, Turner, Young, and Fishman Absent: Board Members Buttorff, and Jagoe Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary January 7, 2019 9. 18CUP1147 Request: Conditional Use Permit for a short term rental unit that is not the primary residence of the host in a R-6 District Project Name: Short Term Rental Location: 425 East Oak Street Owner Louisville Home Buyers, LLC Applicant: Key Source Properties, Jonathan Klunk Jurisdiction: Louisville Metro Council District: 4-Barbara Sexton Smith Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18CUP1147, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host in an R-6 Zoning District and Traditional Neighborhood Form District, be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. Prior to commencement of any short term rental on the subject property, the host shall register the short term rental with Develop Louisville and with the Louisville Metro Revenue Commission. If the short term rental is not registered with Develop Louisville and with the Revenue Commission within 60 days of the approval of the minutes of this case, then the Conditional Use Permit shall be deemed null and void. 2. The short term rental and host shall meet all additional provisions set forth in the Louisville Metro Code of Ordinances. 3. The maximum number of guests shall be limited to the lesser of that which is allowed by Code, or six (6). 4. The parking garage shall be made available to guests for parking purposes. The motion carried by the following vote: Yes: Board Members Howard, Leanhart, Turner, Young, and Fishman Absent: Board Members Buttorff, and Jagoe Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary January 7, 2019 10. 18CUP1142 Request: Conditional Use Permit for Private Institutional Use in a Single-Family Zoning District and associated waiver Project Name: Visually Impaired Preschool Parking Location: 1906 Goldsmith Lane Owner/Applicant: Visually Impaired Preschool Services, Inc. Representative: Bardenwerper Talbott & Roberts PLLC Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18CUP1142, Conditional Use Permit for Private Institutional Use in a Single-Family Zoning District (LDC 4.2.65), with RELIEF to permit parking within 30 ft. of the property line (LDC 4.2.65.A), be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. The site shall be developed in strict compliance with the approved development plan, including all notes thereon. No further development shall occur on the site without prior review by and approval of the Board. 2. The Conditional Use Permit shall be exercised as described in KRS 100.237 within two years of the Board's vote on this case. If the Conditional Use Permit is not so exercised, the site shall not be used for Private Institutional Use in a Single-Family Zoning District without further review by and approval of the Board. 3. The subject parcel shall be consolidated by deed with the primary parcel at 1906 Goldsmith Lane prior to construction plan approval. 4. A cross-access agreement between the subject parcel and the parcel at 3337 Newburg Road shall be executed prior to construction plan approval. The motion carried by the following vote: Yes: Board Members Howard, Leanhart, Turner, Young, and Fishman Absent: Board Members Buttorff, and Jagoe A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18CUP1142, Waiver of required Perimeter Landscape Buffer Areas (LBAs) along the north and south property lines (LDC 10.2.4.B.6) be APPROVED. The motion carried by the following vote: Yes: Board Members Howard, Leanhart, Turner, Young, and Fishman Absent: Board Members Buttorff, and Jagoe Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary January 7, 2019 11. 18CUP1129 Request: Conditional Use Permit for short term rental of two dwelling units not the primary residence of the host Project Name: Winter Avenue Short Term Rental Location: 1516 Winter Avenue Owner: JSB LLC Applicant/Host: David Orange Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Young, that Case Number 18CUP1129, Conditional Use Permit to allow short term rental of dwelling units not the primary residence of the host (LDC 4.2.63), be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. Prior to commencement of any short term rental on the subject property, the host shall register the short term rental with Develop Louisville and with the Louisville Metro Revenue Commission. If the short term rental is not registered with Develop Louisville and with the Revenue Commission within 60 days of the approval of the minutes of this case, then the Conditional Use Permit shall be deemed null and void. 2. The short term rental and host shall meet all additional provisions set forth in the Louisville Metro Code of Ordinances. 3. The maximum number of guests shall be limited to the lesser of that which is allowed by Code, or four (4) for the bottom unit, and two (2) for the top unit. The motion carried by the following vote: Yes: Board Members Howard, Leanhart, Turner, Young, and Fishman Absent: Board Members Buttorff, and Jagoe Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary January 7, 2019 12. 18CUP1113 Request: Conditional Use Permit for Mini-Warehouse Project Name: Bardstown Road Mini-Warehouse Location: 4401 Bardstown Road Owner: Salt River Investment LLC Applicant: Sterling Development LLC Representative: Dinsmore & Shohl LLP Jurisdiction: Louisville Metro Council District: 2 - Barbara Shanklin Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18CUP1113, Conditional Use Permit for mini-warehouses with associated Reliefs and Waivers, be CONTINUED to the January 22, 2019 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: Board Members Howard, Leanhart, Turner, Young, and Fishman Absent: Board Members Buttorff, and Jagoe 13. 18APPEAL1005 Request: Appeal of an administrative decision Project Name: Oak Street Appeal Location: 508 East Oak Street Appellant: Luke Nuebauer Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Chris French, AICP, Planning Supervisor A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18APPEAL1005, Appeal of a staff determination issued by the Office of Planning and Design Services concerning a request for nonconforming rights for a two-family dwelling (duplex) at 508 E. Oak Street, Louisville, KY, be DENIED. The motion FAILED by the following vote: Yes: Board Members Young, and Howard No: Board Members Leanhart, Turner, and Fishman Absent: Board Members Buttorff, and Jagoe A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 18APPEAL1005, Appeal of a staff determination issued by the Office of Planning and Design Services concerning a request for nonconforming rights for a two-family dwelling (duplex) at 508 E. Oak Street, Louisville, KY, be APPROVED. The Board further finds that the duplex was lawfully in existence in 1985 and has been continuously used as duplex from 1985 to present. The motion carried by the following vote: Yes: Board Members Leanhart, Turner, and Fishman No: Board Members Young, and Howard Absent: Board Members Buttorff, and Jagoe Adjournment Louisville Metro Government Page 9