Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, March 4, 2019 1:00 PM Old Jail Auditorium Call To Order Present: 7- Board Member Richard Buttorff, Board Member Lula Howard, Board Member Lindsey Jagoe, Board Member Lester Turner Jr., Board Member Kim Leanhart, Board Member Rosalind Fishman, and Board Member Dwight Young Approval Of Minutes 1. BOZA_Minutes_02.18.19 Approval of the Minutes from the February 18, 2019 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Turner, that the Minutes from the February 18, 2019 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Leanhart, Fishman, and Young Abstain: 3- Buttorff, Howard, and Jagoe Business Session Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary March 4, 2019 2. 18CUP1186 Request: Modified Conditional Use Permit request to allow a 392 square foot security building Project Name: Security Building Expansion Location: 1200 Story Avenuet Owner JBS Swift Applicant: Glenn Price, Frost Brown Todd LLC Jurisdiction: Louisville Metro Council District: 4-Barbara Sexton Smith Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 18CUP1186, Modification of a Conditional Use Permit to allow a new 392 square foot guard and security structure adjacent to the primary entrance off Story Avenue, 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 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 modification is not so exercised, the request becomes void. The motion carried by the following vote: Yes: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young Public Hearing 3. 19VARIANCE1003 Request: Variance to allow a structure to exceed the maximum setback, variance to allow a dumpster enclosure to encroach into a rear setback, a waiver to allow parking in front of a structure in the Traditional Marketplace Corridor form district Project Name: Goodfellas Pizza Location: 1242, 1244, 1246, 1248, 1250 E Broadway and 708 Baxter Ave Owner: Kennie and Patricia Combst Applicant: Long Construction Co Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Jay Luckett, AICP, Planner I A motion was made by Board Member Fishman, seconded by Board Member Leanhart, that Case Number 19VARIANCE1003 be CONTINUED to the March 18, 2019 Board of Zoning Adjustment meeting. The motion carried by the following vote: Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary March 4, 2019 Yes: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young 4. 19VARIANCE1008 Request: Variance to allow an accessory structure to encroach into the required rear yard setback Project Name: Stowers Lane Variance Location: 2221 Stowers Lane Owner: F R Bennett Applicant: Frank Russell Bennett Jurisdiction: City of Shively Council District: 3 - Keisha Dorsey Case Manager: Zach Schwager, Planner I A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 19VARIANCE1008, Variance from City of Shively Development Code Section 5.4.2.D.3.a to allow an accessory structure to encroach into the required rear yard setback, be APPROVED. The motion carried by the following vote: Yes: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young 5. 18VARIANCE1102 Request: Variance to permit a structure to permit a residence to encroach on the required street side yard in a Neighborhood form district Project Name: Street Side Yard Variance Location: 712 Grant Avenue Owner/Applicant: Andrew Ernspiker Jr. Inc. Jurisdiction: Louisville Metro Council District: 18 - Marilyn Parker Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Buttorff, that Case Number 18VARIANCE1102, Variance from Land Development Code Table 5.3.1 to permit a residence to encroach on the required street side yard in a Neighborhood form district, be APPROVED. The motion carried by the following vote: Yes: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary March 4, 2019 6. 18VARIANCE1117 Request: Variance permit an accessory structure to encroach on the required private yard in a Traditional Neighborhood Form District Project Name: Private Yard Variance Location: 2027 Boulevard Napoleon Owner: David Wilson Applicant: Distinctive Design Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Turner, seconded by Board Member Howard, that Case Number 18VARIANCE1117, Variance from Land Development Code 5.4.1.D.2 to permit an accessory structure to encroach on the required private yard in a Traditional Neighborhood form district, be APPROVED. The motion carried by the following vote: Yes: 6- Howard, Jagoe, Turner, Leanhart, Fishman, and Young No: 1- Buttorff 7. 19VARIANCE1006 Request: Variance to permit a fence to exceed the permitted height in a Traditional Neighborhood form district Project Name: Fence Height Variance Location: 4521 S. 1st Street Owner/Applicant: Gladys Diaz Perez. Jurisdiction: Louisville Metro Council District: 21 - Nicole George Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Turner, seconded by Board Member Howard, that Case Number 19VARIANCE1006, Variance from Land Development Code 4.4.3.A.1.a.i to permit a fence to exceed the permitted height in a Traditional Neighborhood form district, be APPROVED. The motion carried by the following vote: Yes: 5- Howard, Jagoe, Turner, Fishman, and Young No: 2- Buttorff, and Leanhart Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary March 4, 2019 8. 19VARIANCE1007 Request: Variance to allow a proposed addition to encroach into the required side yard Project Name: Nelson Addition Location: 2912 Garfield Avenue Owner/Applicant: Keith Nelson Jurisdiction: Louisville Metro Council District: 5 - Donna Purvis Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Buttorff, that Case Number 19VARIANCE1007, 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: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young 9. 18CUP1185 Request: Conditional Use Permit for a short term rental unit that is not the primary residence of the host Project Name: Roosevelt Short Term Rental Location: 4126 Roosevelt Avenue Owner/Applicant/Host: DHI IV LLC Jurisdiction: Louisville Metro Council District: 10- Pat Mulvihill Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Leanhart, that Case Number 18CUP1185 be CONTINUED to the April 1, 2019 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary March 4, 2019 10. 18CUP1077 Request: Conditional Use Permit for an accessory apartment Project Name: Jacobs Accessory Apartment Location: 4221 Taylorsville Road Owner/Applicant: Jack F. Jacobs Jurisdiction: Louisville Metro Council District: 18 - Marilyn Parker Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Fishman, that Case Number 18CUP1077, Conditional Use Permit to allow an accessory apartment in an R-4 zoning district, 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 an accessory apartment without further review and approval by the Board. The motion carried by the following vote: Yes: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary March 4, 2019 11. 18CUP1171 Request: Conditional Use Permit for a short-term rental of dwelling units that are not the primary residence of the host Project Name: Gill Short Term Rental Location: 2047 Sherwood Avenue Owner/Applicant: Sutej and Deborah Gill Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 18CUP1171, Conditional Use Permit to allow short term rental of dwelling units that are not the primary residence of the owner 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. The motion carried by the following vote: Yes: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young 12. 18CUP1175 Request: Conditional Use Permit for short term rental of a dwelling unit not the primary residence of the host Project Name: Gallavin Short Term Rental Location: 1850 Sherwood Avenue Owner: Wayne Gallavin Host: James Wallace & Co. 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 Turner, that Case Number 18CUP1175 be CONTINUED to the March 18, 2019 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary March 4, 2019 13. 18CUP1152 Request: Conditional Use Permit for a short term rental unit that is not the primary residence of the host Project Name: Short Term Rental Location: 918 Stone Streett Owner/Applicant Josh Rothschild Jurisdiction: Louisville Metro Council District: 10- Pat Mulvihill Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Fishman, that Case Number 18CUP1152, 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 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: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young Adjournment Louisville Metro Government Page 8