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 18, 2019 1:00 PM Old Jail Courtroom Call To Order Present: 4- Board Member Dwight Young, Board Member Lester Turner Jr., Board Member Kim Leanhart, and Board Member Rosalind Fishman Absent: 3- Board Member Richard Buttorff, Board Member Lula Howard, and Board Member Lindsey Jagoe Approval Of Minutes 1. BOZA_Minutes_02.04.19 Approval of the Minutes from the February 4, 2019 Board of Zoning Adjustment Annual Meeting. Approval of the Minutes from the February 4, 2019 Board of Zoning Adjustment Regular Meeting. A motion was made by Board Member Turner, seconded by Board Member Fishman, that the Minutes from the February 4, 2019 Board of Zoning Adjustment Annual Meeting be APPROVED. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman Absent: 3- Buttorff, Howard, and Jagoe A motion was made by Board Member Turner, seconded by Board Member Leanhart, that the Minutes from the February 4, 2019 Board of Zoning Adjustment Regular Meeting be APPROVED. The motion carried by the following vote: Yes: 3- Turner, Leanhart, and Fishman Absent: 3- Buttorff, Howard, and Jagoe Abstain: 1- Young Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary February 18, 2019 2. 19VARIANCE1003 Request: *TO BE CONTINUED TO 3-4-19* Variance to exceed maximum corner lot setback and allow parking in front of a structure in a traditional form district Project Name: Goodfellows Pizza Location: 1250 E Broadway Owner Kennie and Patricia Combs Applicant: Frank Culbertson Jurisdiction: Louisville Metro Council District: 8-Brandon Coan Case Manager: Jay Luckett, Planner I, AICP A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 19VARIANCE1003, Variance to exceed maximum corner lot setback and allow parking in front of a structure in a Traditional form district, be CONTINUED to the March 4, 2019 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman Absent: 3- Buttorff, Howard, and Jagoe 3. 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 Turner, seconded by Board Member Leanhart, that Case Number 19VARIANCE1001, Variance from Land Development Code Table 8.3.2 to allow signs in the Campus form district to exceed the allowed square footage, be APPROVED. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman Absent: 3- Buttorff, Howard, and Jagoe A motion was made by Board Member Turner, seconded by Board Member Leanhart, that Case Number 19VARIANCE1001 (18WAIVER1053), Waiver #1 from Land Development Code Table 8.3.2 to allow the number of signs per facade to exceed what is permitted in the Campus form district, and Waiver #2 from Land Development Code Section 8.2.1.D.4 to allow a changing image panel in the Campus form district to exceed 60% of the area of a sign, be APPROVED. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman Absent: 3- Buttorff, Howard, and Jagoe Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary February 18, 2019 4. 19VARIANCE1000 Request: Variance to allow a structure to exceed the maximum height Project Name: Marret Avenue Variance Location: 520 Marret Avenue Owner: David L. Thorson - Duke MFG, Inc. Applicant: Kelli Jones - Sabak, Wilson & Lingo, Inc. Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Zach Schwager, Planner I A motion was made by Board Member Fishman, seconded by Board Member Leanhart, that Case Number 19VARIANCE1000, Variance from Land Development Code Section 5.2.5.C.4.b to allow a structure to exceed the maximum height, be CONTINUED to a date uncertain. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman Absent: 3- Buttorff, Howard, and Jagoe 5. 19VARIANCE1002 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: Tanya Scott - Signarama Downtown Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 19VARIANCE1002, 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: 4- Young, Turner, Leanhart, and Fishman Absent: 3- Buttorff, Howard, and Jagoe Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary February 18, 2019 6. 17CUP1117 Request: Conditional Use Permit for short term rental of dwelling units not the primary residence of the host Project Name: Southern Pkwy Short Term Rental Location: 3818 Southern Parkway Owner: Michael T. Fallot Host: James Wallace & Co. Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 17CUP1117, 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 permitted in the short term rental shall be the lesser of six (6) per unit, or that permitted by the Louisville Metro Code of Ordinances. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman Absent: 3- Buttorff, Howard, and Jagoe Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary February 18, 2019 7. 18CUP1156 Request: Conditional Use Permit for short term rental of a dwelling unit not the primary residence of the host Project Name: Waverly Term Rental Location: 115 Waverly Court Owner/Applicant/Host: Luke Newbauer Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 18CUP1156, 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: 4- Young, Turner, Leanhart, and Fishman Absent: 3- Buttorff, Howard, and Jagoe Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary February 18, 2019 8. 18CUP1167 Request: Conditional Use Permit for a private institutional use in a single family zoning district Project Name: Existing Church Campus Location: 9900 Brownsboro Road Owner Northeast Christian Church Applicant: Sarah Beth Sammons, RLA, Land Design & Development Jurisdiction: Louisville Metro Council District: 17 -Markus Winkler Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Leanhart, that Case Number 18CUP1167, Conditional Use Permit to allow a Private Institutional Use in a Single Family zoning district (LDC 4.2.65), with RELIEF from Item 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 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 a private institutional use in a single family residential zoning district without further review and approval by the Board. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman Absent: 3- Buttorff, Howard, and Jagoe Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary February 18, 2019 9. 18CUP1087 Request: Conditional Use Permit for a short term rental unit that is not the primary residence of the host in an R-5A District Project Name: Short Term Rental Location: 141 Pope Street Owner Douglas Stockley Applicant: Ana Ajero Jurisdiction: Louisville Metro Council District: 9-Bill Hollander Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Leanhart, that Case Number 18CUPC1087, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host in an R-5A 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 eight (8) or that permitted by the Louisville Metro Code of Ordinances. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman Absent: 3- Buttorff, Howard, and Jagoe Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary February 18, 2019 10. 18CUP1159 Request: Conditional Use Permit for a short-term rental of a dwelling unit that is not the primary residence of the host Project Name: Borel Short Term Rental Location: 4406 Brownhurst Way Owner/Applicant: Thelma Rachelle Borel Jurisdiction: Louisville Metro Council District: 17 - Markus Winkler Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Fishman, that Case Number 18CUP1159, 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 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 six (6) or that permitted by the Louisville Metro Code of Ordinances. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman Absent: 3- Buttorff, Howard, and Jagoe Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary February 18, 2019 11. 19CUP1000 Request: Conditional Use Permit for an accessory apartment Project Name: Stettler Accessory Apartment Location: 7405 Arnoldtown Road Owner/Applicant: Robert and Sherri Stettler Jurisdiction: Louisville Metro Council District: 25 - David Yates Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Turner, seconded by Board Member Leanhart, that Case Number 19CUP1000, Conditional Use Permit to allow an accessory apartment in an R-4 zoning district and Neighborhood form district, be APPROVED, with RELIEF from Items B and D only to the extent of the existing property, and 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 an accessory apartment without further review and approval by the Board. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman Absent: 3- Buttorff, Howard, and Jagoe Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary February 18, 2019 12. 16CUP1076 Request: Conditional Use Permit for short-term rental of a dwelling unit that is not the primary residence of the host Project Name: Stettler Short Term Rental Location: 7405 Arnoldtown Road Owner/Applicant: Robert and Sherri Stettler Jurisdiction: Louisville Metro Council District: 25 - David Yates Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Fishman, that Case Number 16CUP1076, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner in R-4 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 permitted in the short term rental shall be the lesser of five (5) or that permitted by the Louisville Metro Code of Ordinances. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman Absent: 3- Buttorff, Howard, and Jagoe Louisville Metro Government Page 10 Board of Zoning Adjustment Action Summary February 18, 2019 13. 18CUP1071 Request: THIS CASE WILL NOT BE HEARD BEFORE 5:30 P.M. Conditional Use Permit to allow a rehabilitation home Project Name: Driven Purpose Sober Living Location: 4610 West Market Street Owner/Applicant: Jason Smith Jurisdiction: Louisville Metro Council District: 5 - Donna Purvis Case Manager: Jon E. Crumbie, Planning & Design Coordinator NOTE: Board Member Buttorff arrived at approximately 5:15 p.m. A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 18CUP1071, Conditional Use Permit to allow a rehabilitation home in an R-7 zoning district, be DENIED. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman No: 1- Buttorff Absent: 2- Howard, and Jagoe Adjournment Louisville Metro Government Page 11