Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Tuesday, January 22, 2019 1:00 PM Old Jail Auditorium Call To Order Present: 5- Board Member Dwight Young, Board Member Lula Howard, Board Member Lindsey Jagoe, Board Member Lester Turner Jr., and Board Member Rosalind Fishman Absent: 2- Board Member Richard Buttorff, and Board Member Kim Leanhart Approval Of Minutes 1. BOZA_Minutes_01.07.19 Approval of the Minutes from the January 7, 2019 Board of Zoning Adjustment meeting. A motion was made by Board Member Young, seconded by Board Member Howard, that the Minutes from the Januaray 7, 2019 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Young, Howard, Turner, and Fishman Absent: 2- Buttorff, and Leanhart Abstain: 1- Jagoe Public Hearing 2. 18VARIANCE1086 Request: Variance to permit a structure to encroach into a required side yard Project Name: S. Shelby Variance Location: 914 S. Shelby Street Owner: Robin VanAmburgh Applicant: NEP Construction Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18VARIANCE1086, Variance to permit a structure to encroach into a required side yard (LDC 5.2.2) be APPROVED. The motion carried by the following vote: Yes: 5- Young, Howard, Jagoe, Turner, and Fishman Absent: 2- Buttorff, and Leanhart Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary January 22, 2019 3. 18VARIANCE1116 Request: Variances for sign area and sign height on a designated parkway with associated waivers Project Name: Papa John’s Signage Variance Location: 14041 Shelbyville Road Owner/Applicant: Orbin & Judy Green Representative: Derby City Signs Jurisdiction: Louisville Metro Council District: 19 - Anthony Piagentini Case Manager: Dante St. Germain, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18VARIANCE1116, Variance #1 from LDC Table 8.3.3 to allow a sign on a designated parkway to exceed the allowed square footage, be DENIED. The motion carried by the following vote: Yes: 4- Young, Howard, Jagoe, and Fishman No: 1- Turner Absent: 2- Buttorff, and Leanhart A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18VARIANCE1116, Variance #2 from LDC Table 8.3.3 to allow a sign on a designated parkway to exceed the allowed height, be DENIED. The motion carried by the following vote: Yes: 4- Young, Howard, Jagoe, and Fishman No: 1- Turner Absent: 2- Buttorff, and Leanhart A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18VARIANCE1116 (18WAIVER1027), Waiver #1 from LDC Section 8.3.3.B.9 to allow a sign on a designated parkway and in the Neighborhood Form District to not be columnar or monument style, be DENIED. The motion carried by the following vote: Yes: 4- Young, Howard, Jagoe, and Fishman No: 1- Turner Absent: 2- Buttorff, and Leanhart A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18VARIANCE1116 (18WAIVER1027), Waiver #2 from LDC Section 8.2.1.D.6 to allow a changing image sign to be closer than 300 feet to residentially zoned properties which are being used residentially, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Howard, Jagoe, Turner, and Fishman Absent: 2- Buttorff, and Leanhart Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary January 22, 2019 A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18VARIANCE1116 (18WAIVER1027), Waiver #3 from LDC Section 8.2.1.D.4.a to allow a changing image panel in the Neighborhood Form District to exceed 30% of the area of the sign, be DENIED. The motion carried by the following vote: Yes: 3- Young, Howard, and Jagoe No: 2- Turner, and Fishman Absent: 2- Buttorff, and Leanhart A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18VARIANCE1116 (18WAIVER1027), Waiver #4 from LDC Section 8.2.1.D.1 to allow a second changing image sign on a property, be APPROVED. The motion carried by the following vote: Yes: 4- Young, Howard, Jagoe, and Fishman No: 1- Turner Absent: 2- Buttorff, and Leanhart 4. 18VARIANCE1105 Request: Variance to allow a proposed indoor soccer facility to encroach into the required front yard setback Project Name: Klondike Lane Variance Location: 3606 Klondike Lane Owner: Alvardo Raul Magallanes Applicant: Charles Podgursky Jurisdiction: Louisville Metro Council District: 26 - Brent Ackerson Case Manager: Molly Clark, Associate Planner Presented By: Lacey Gabbard, Planner I, AICP A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18VARIANCE1105, Variance from LDC Chapter 5.3.2.C.2.A to permit the building to be setback more than 80' from all roadways, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Howard, Jagoe, Turner, and Fishman Absent: 2- Buttorff, and Leanhart Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary January 22, 2019 5. 18VARIANCE1115 Request: Variance to allow a structure to encroach into the required front yard setback Project Name: Grandview Avenue Variance Location: 3937 Grandview Avenue Owner/Applicant: William Rinehart Jurisdiction: City of St. Matthews Council District: 9 - Bill Hollander Case Manager: Zach Schwager, Planner I A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 18VARIANCE1115, Variance from City of St. Matthews Development Code Section 4.6.C.2.a to allow a structure to encroach into the required street side yard setback, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Howard, Jagoe, Turner, and Fishman Absent: 2- Buttorff, and Leanhart 6. 18VARIANCE1120 Request: Variance to allow a private yard area to be less than the required 30% of the area of a lot, and a waiver to allow parking access from a primary street where alley access is available Project Name: S. 3rd Street Variance Location: 1118 S. 3rd Street Owner: Sujatha S Reddy Revocable Trust Applicant: Boz Lindgren Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Zach Schwager, Planner I A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18VARIANCE1120, Variance from LDC Section 5.4.1.D.2 to allow a private yard area to be less than the required 30% of the area of a lot, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Howard, Jagoe, Turner, and Fishman Absent: 2- Buttorff, and Leanhart A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18VARIANCE1120, Waiver from LDC Section 5.4.1.E.3 to allow parking access to be achieved from the primary street and not through the alley as required in the Traditional Neighborhood Form District, be DENIED. The motion carried by the following vote: Yes: 3- Young, Howard, and Jagoe No: 2- Turner, and Fishman Absent: 2- Buttorff, and Leanhart Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary January 22, 2019 7. 18VARIANCE1119 Request: Variance to allow a private yard area to be less than the required 30% of the area of a lot Project Name: Woodbourne Avenue Variance Location: 2212 Woodbourne Avenue Owner: Bob and Barb Fincher Applicant: Anne Del Prince Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Zach Schwager, Planner I A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18VARIANCE1119, Variance from LDC Section 5.4.1.D.2 to allow a private yard area to be less than the required 30% of the area of a lot, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. The applicant shall install rainwater catchment and management that is equal to or better than rainwater pillows, and the applicant shall also maintain rain barrels on the property. The motion carried by the following vote: Yes: 5- Young, Howard, Jagoe, Turner, and Fishman Absent: 2- Buttorff, and Leanhart 8. 18VARIANCE1118 Request: Variance to allow a structure to exceed the required front and street side yard setbacks Project Name: Dixie Highway Variance Location: 3620 Dixie Highway Owner: ML Destiny Plaza LLC Applicant: Brian Shirley, Arnold Consulting Engineering Services Jurisdiction: City of Shively Council District: 3 - Keisha Dorsey Case Manager: Zach Schwager, Planner I A motion was made by Board Member Turner, seconded by Board Member Young, that Case Number 18VARIANCE1118, Variance from City of Shively Development Code Section 5.5.1.A.2 to allow a structure to exceed the required front and street side yard setbacks, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Howard, Jagoe, Turner, and Fishman Absent: 2- Buttorff, and Leanhart Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary January 22, 2019 9. 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 Howard, seconded by Board Member Young, that Case Number 18CUP1113, Conditional Use Permit for mini-warehouses (LDC 4.2.35), with RELIEF from Items B, F, and G, be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. All development shall be in accordance with the approved revised district development plan, including all notes thereon, and with all applicable sections of the Land Development Code (LDC). No further development shall occur on the site without prior review of and approval by the BOZA and the Planning Commission or its representative. 2. The Conditional Use Permit shall be exercised as prescribed by KRS 100.237 within two years of BOZA approval. If it is not so exercised, the site shall not be used for mini-warehouses without further review and approval by the BOZA. 3. All LBA plantings which would be required along the east and west side property lines will be relocated to the rear buffer LBA where they will provide additional screening and buffering for the adjacent residential uses. All buffering and landscaping requirements will be met along the Bardstown Road frontage of the site as per LDC Chapter 10. The motion carried by the following vote: Yes: 4- Young, Howard, Turner, and Fishman Absent: 2- Buttorff, and Leanhart Abstain: 1- Jagoe A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18CUP1113, Waiver of requirement that all abutting non-residential uses shall provide for vehicular and pedestrian circulation between their sites, through parking lot or alley connections, hard surface walkways, and similar measures (LDC 5.9.2.A.1.b.ii), be APPROVED. The motion carried by the following vote: Yes: 4- Young, Howard, Turner, and Fishman Absent: 2- Buttorff, and Leanhart Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary January 22, 2019 Abstain: 1- Jagoe 10. 18CUP1128 Request: Conditional Use Permit for short term rental of a dwelling unit not the primary residence of the host Project Name: Winter Avenue Term Rental Location: 1414 Winter Avenue Owner: JSB LLC Host/Applicant: David Orange Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18CUP1128, Conditional Use Permit to allow short term rental of a dwelling unit 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 applicant shall limit the number of vehicles under each rental contract to three (3). 4. The maximum number of guests shall be limited to the lesser of that which is allowed by Code, or ten (10). The motion carried by the following vote: Yes: 5- Young, Howard, Jagoe, Turner, and Fishman Absent: 2- Buttorff, and Leanhart Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary January 22, 2019 11. 18CUP1136 Request: Conditional Use Permit for Boarding and Lodging Houses Project Name: E. St. Catherine Lodging House Location: 622 E. St. Catherine Owner Atlantic Real Estate Inc Applicant: Mike Craft Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Young, seconded by Board Member Turner, that Case Number 18CUP1136, Conditional Use Permit for Boarding and Lodging Houses (LDC 4.2.11) 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 a Boarding or Lodging House without further review by and approval of the Board. 3. The applicant shall obtain license(s) as required per LDC 4.2.11.L. and shall submit verification to PDS staff no later than March 22, 2019. If such verification is not submitted, the CUP shall be revoked. The motion carried by the following vote: Yes: 5- Young, Howard, Jagoe, Turner, and Fishman Absent: 2- Buttorff, and Leanhart Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary January 22, 2019 12. 18CUP1144 Request: Conditional Use Permit for short term rental of two dwelling units not the primary residence of the host Project Name: E. Oak Short Term Rental Location: 508 E. Oak Street Owner/Applicant/Host: 502 Rentals LLC Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Jagoe, that Case Number 18CUP1144, 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 eight (8) per unit. 4. The maximum number of guest parking shall be limited to two (2) vehicles per unit. The motion carried by the following vote: Yes: 4- Howard, Jagoe, Turner, and Fishman Absent: 3- Young, Buttorff, and Leanhart Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary January 22, 2019 13. 18CUP1154 Request: Conditional Use Permit for short term rental of a duplex not the primary residence of the host Project Name: Dolt Short Term Rental Location: 1132 and 1134 Cherokee Road Owner: Dolt Capital, LLC Applicant/Host: Jonathan Klunk Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Jagoe, that Case Number 18CUP1154, Conditional Use Permit to allow short term rental of dwelling units not the primary residence of the owner in an R-5B 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 twelve (12) guests per unit; however, the maximum number of guests for the building as a whole shall be limited to the lesser of that which is allowed by Code, or twenty (20). The motion carried by the following vote: Yes: 4- Howard, Jagoe, Turner, and Fishman Absent: 3- Young, Buttorff, and Leanhart Louisville Metro Government Page 10 Board of Zoning Adjustment Action Summary January 22, 2019 14. 18CUP1161 Request: Conditional Use Permit for a short term rental unit that is not the primary residence of the host in a R-5 District Project Name: Short Term Rental Location: 312 Chenoweth Lane Owner Louisville Home Buyers, LLC, Eric George Applicant: Key Source Properties, Jonathan Klunk Jurisdiction: Louisville Metro Council District: 9-Bill Hollander Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Turner, seconded by Board Member Howard, that Case Number 18CUP1161, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host in an R-5 Zoning District and 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 eight (8). The motion carried by the following vote: Yes: 4- Howard, Jagoe, Turner, and Fishman Absent: 3- Young, Buttorff, and Leanhart Business Session 15. BOZA Bylaws Request: Proposed By-law Amendments - for review Case Manager: Chris French, AICP, Planning Supervisor The Board Members, by general consensus, CONTINUED this Agenda Item to the February 4, 2019 Board of Zoning Adjustment meeting. Adjournment Louisville Metro Government Page 11