Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, February 4, 2019 1:00 PM Old Jail Courtroom Annual Meeting Call To Order Board Members Present: Young, Buttorff, Howard, Jagoe, Turner, Leanhart, and Fishman 1. BOZA_Election_Officers BOZA Annual Election of Officers A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Rosalind Fishman serve as Temporary Chair to preside over the Board of Zoning Adjustment Annual Meeting. The motion carried by the following vote: Yes: Board Members Young, Buttorff, Howard, Jagoe, Turner, Leanhart, and Fishman A motion was made by Board Member Turner that Rosalind Fishman be NOMINATED as Chairperson for the Board of Zoning Adjustment. A motion was made by Board Member Howard that Dwight Young by NOMINATED as Chairperson for the Board of Zoning Adjustment. There being no further nominations, the election was closed and the votes were as follows: Fishman Nomination: Yes: Board Members Turner, and Leanhart No: Board Members Buttorff, Howard, and Jagoe Abstain: Board Members Young, and Fishman Young Nomination: Yes: Board Members Buttorff, Howard, and Jagoe No: Board Members Turner, and Leanhart Abstain: Board Members Young, and Fishman Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary February 4, 2019 A motion was made by Board Member Buttorff that Rosalind Fishman be NOMINATED as Vice Chairperson for the Board of Zoning Adjustment. There being no further nominations, the election was closed and the vote was as follows: Yes: Board Members Young, Buttorff, Howard, Jagoe, Turner, and Leanhart Abstain: Board Member Fishman A motion was made by Board Member Howard that Kimberly Leanhart be NOMINATED as Secretary for the Board of Zoning Adjustment. There being no further nominations, the election was closed and the vote was as follows: Yes: Board Members Young, Buttorff, Howard, Jagoe, Turner, and Fishman Abstain: Board Member Leanhart 2. BOZA_Annual_Report Request: BOZA Annual Report Case Manager: Joe Haberman, Planning & Design Manager Joe Haberman presented the BOZA Annual Report. Adjournment The Annual Meeting was Adjourned at approximately 1:25 p.m. Regular Meeting Call To Order Board Members Present: Buttorff, Howard, Jagoe, Turner, Leanhart, and Fishman Board Member Absent: Young Approval Of Minutes 1. BOZA_Minutes_01.22.19 Approval of the Minutes from the January 22, 2019 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Howard, that the Minutes from the January 22, 2019 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: Board Members Howard, Jagoe, Turner, Leanhart, and Fishman Abstain: Board Member Buttorff Absent: Board Member Young Business Session Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary February 4, 2019 2. BOZA Bylaws Request: Proposed By-law Amendments Case Manager: Chris French, AICP, Planning Supervisor A motion was made by Board Member Howard, seconded by Board Member Buttorff, that the Proposed By-law and Policies Amendments be APPROVED. The motion carried by the following vote: Yes: Board Members Buttorff, Howard, Jagoe, Turner, Leanhart, and Fishman Absent: Board Member Young 3. 18CUP1169 Request: Modified Conditional Use Permit for mini-warehouse Project Name: Stor-All Location: 12113 Shelbyville Road Owner Multiple Owners Applicant: Stor-All Representative: Bardenwerper, Talbott, & Roberts, PLLC Jurisdiction: City of Middletown Council District: 19 - Anthony Piagentini Case Manager: Joel Dock, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 18CUP1169, Modified Conditional Use Permit for mini-warehouse (LDC Section 4.2.35), noting RELIEF from Item B, be APPROVED. The motion carried by the following vote: Yes: Board Members Buttorff, Howard, Jagoe, Turner, Leanhart, and Fishman Absent: Board Member Young Public Hearing 4. 18VARIANCE1121 Request: Variance to allow a proposed addition to encroach into the required side yard setback Project Name: Yale Drive Variance Location: 1818 Yale Drive Owner: Justin and Emily Pohn Revocable Trusts Applicant: Landon Arza Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Howard, that Case Number 18VARIANCE1121, 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 Buttorff, Howard, Jagoe, Turner, Leanhart, and Fishman Absent: Board Member Young Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary February 4, 2019 5. 19VARIANCE1001 Request: Variances and waivers for a sign Project Name: Churchill Downs Sign Variance and Waiver Location: 3100 S 4th Street Owner/Applicant: AQ Properties LLC Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Lacey Gabbard, AICP, Planner I A motion was made by Board Member Howard, seconded by Board Member Jagoe, that Case Number 19VARIANCE1001 (18WAIVER1053) be CONTINUED to the February 18, 2019 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: Board Members Buttorff, Howard, Jagoe, Turner, Leanhart, and Fishman Absent: Board Member Young 6. 18VARIANCE1114 Request: Variance to allow an existing 6 foot high wooden privacy fence to be located in the Westport Road street side yard Project Name: Fence Height Location: 1216 Abbeywood Road Owner/Applicant: Sara Jones Anderson Jurisdiction: City of St. Matthews Council District: 7 - Paula McCraney Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18VARIANCE1114, Variance from City of St. Matthews Development Code Section 9.1.B.1.a to allow an existing 6 foot high wooden privacy fence to be located in the Westport Road street side yard setback, be DENIED. The motion carried by the following vote: Yes: Board Members Buttorff, Howard, Jagoe, Leanhart, and Fishman No: Board Member Turner Absent: Board Member Young Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary February 4, 2019 7. 18VARIANCE1106 Request: Variance from private yard area requirement Project Name: Frankfort Avenue private yard area Location: 2600 Frankfort Avenue Owner/Applicant: Brian Clare Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 18VARIANCE1106, Variance to permit a residence to encroach on the required private yard in a Traditional Marketplace Corridor form district (LDC 5.4.1.D.2) be APPROVED. The motion carried by the following vote: Yes: Board Members Buttorff, Howard, Jagoe, Turner, Leanhart, and Fishman Absent: Board Member Young 8. 18CUP1122 Request: Conditional Use Permit for Private Institutional Use in a Single-Family Zoning District Project Name: Christian Academy Addition Location: 700 S. English Station Road Owner/Applicant: Christian Academy of Louisville Representative: Blomquist Design Group LLC Jurisdiction: Louisville Metro Council District: 19 - Anthony Piagentini, 20 - Stuart Benson Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Turner, seconded by Board Member Howard, that Case Number 18CUP1122, Conditional Use Permit for Private Institutional Use in a Single-Family Zoning District (LDC 4.2.65) 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 Modified 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 Private Proprietary Club without further review by and approval of the Board. The motion carried by the following vote: Yes: Board Members Buttorff, Howard, Jagoe, Turner, Leanhart, and Fishman Absent: Board Member Young Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary February 4, 2019 9. 18CUP1140 Request: Conditional Use Permit to allow short term rental of a dwelling unit not the primary residence of the host Project Name: Breckinridge Street short term rental Location: 1338 E. Breckinridge Street Owner: Sarah Kevric Applicant/Host: Arijan Kevric Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Turner, seconded by Board Member Leanhart, that Case Number 18CUP1140, 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. The motion carried by the following vote: Yes: Board Members Buttorff, Howard, Jagoe, Turner, Leanhart, and Fishman Absent: Board Member Young Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary February 4, 2019 10. 18CUP1101 Request: Conditional Use Permit for a short-term rental of a dwelling unit that is not the primary residence of the host Project Name: Smith Short Term Rental Location: 307 Hillcrest Avenue Owner/Applicant: Rachael and Matthew Smith Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Howard, that Case Number 18CUP1101, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner in an R-5 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 permitted in the short term rental shall be the lesser of seven (7) or that permitted by the Louisville Metro Code of Ordinances. The motion carried by the following vote: Yes: Board Members Buttorff, Howard, Jagoe, Turner, Leanhart, and Fishman Absent: Board Member Young Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary February 4, 2019 11. 17APPEAL1004 Request: NOTE: This case will not be heard before 3:00 p.m. Appeal of an administrative decision Project Name: Birchwood Avenue Appeal Location: 201 S. Birchwood Avenue Appellant: Chris David Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Chris French, AICP, Planning and Design Supervisor A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 18APPEAL1004, Appeal of an administrative decision on 7/14/17 to revoke a short term rental registration, be DENIED, and the Board further AFFIRMS STAFF'S DECISION that the property at 201 S. Birchwood Avenue was not the primary residence of the appellant on the date the short term rental registration was revoked (July 14, 2017). The motion carried by the following vote: Yes: Board Members Buttorff, Howard, Jagoe, Turner, Leanhart, and Fishman Absent: Board Member Young A motion was made by Board Member Howard, seconded by Board Member Buttorff, in Case Number 17APPEAL1004, the Board finds that the property at 201 S. Birchwood Avenue is the primary residence of the appellant today (2/4/19). The motion carried by the following vote: Yes: Board Members Buttorff, Howard, Jagoe, Turner, Leanhart, and Fishman Absent: Board Member Young 12. 18APPEAL1006 Request: NOTE: This case will not be heard before 3:00 p.m. Appeal of an administrative decision Project Name: Mud Lane Appeal Location: 4301 Mud Lane Appellants: Gary Doyle, Donna Doyle, and Matthew Doyle Jurisdiction: Louisville Metro Council District: 13 - Mark Fox Case Manager: Chris French, AICP, Planning and Design Supervisor A motion was made by Board Member Howard, seconded by Board Member Jagoe, that Case Number 18APPEAL1006, Appeal of an administrative decision on the determination of agricultural use and the application of the agricultural use exemption as listed in KRS 100.203(4) be DENIED, and the Board further AFFIRMS STAFF'S DECISION regarding agricultural use on the property and in particular within the accessory structure. The motion carried by the following vote: Yes: Members Howard, Jagoe, Leanhart, and Fishman No: Members Buttorff, and Turner Absent: Member Young Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary February 4, 2019 Adjournment The Regular meeting was Adjourned at approximatey 7:05 p.m. Louisville Metro Government Page 9