Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, April 1, 2019 1:00 PM Old Jail Auditorium Call To Order Present: 4- Board Member Lindsey Jagoe, Board Member Lester Turner Jr., Board Member Rosalind Fishman, and Board Member Dwight Young Absent: 3- Board Member Richard Buttorff, Board Member Lula Howard, and Board Member Kim Leanhart Approval Of Minutes 1. BOZA_Minutes_03.18.19 Approval of the Minutes from the March 18, 2019 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Jagoe, that the Minutes from the March 18, 2019 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Jagoe, Turner, Fishman, and Young Absent: 3- Buttorff, Howard, and Leanhart Business Session 2. 19VARIANCE1019 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: Hillsboro Road Variance Location: 3609 Hillsboro Road Owner/Applicant: Elizabeth & John Bland Jurisdiction: City of St. Matthews Council District: 26 - Brent Ackerson Case Manager: Zach Schwager, Planner I NOTE: Board Member Buttorff arrived at approximately 1:07 p.m. A motion was made by Board Member Turner, seconded by Board Member Jagoe, that Case Number 19VARIANCE1019, Variance from St. Matthews Development Code Section 4.6.C.2.b to allow a structure to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Turner, Fishman, and Young Absent: 2- Howard, and Leanhart Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary April 1, 2019 Public Hearing 3. 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 Jagoe, that Case Number 18CUP1185, 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- Buttorff, Jagoe, Fishman, and Young No: 1- Turner Absent: 2- Howard, and Leanhart Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary April 1, 2019 4. 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, and a landscape waiver Project Name: Goodfellas Pizza Location: 1242, 1244, 1246, 1248, 1250 E Broadway and 708 Baxter Ave Owner: Kennie and Patricia Combs 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 Buttorff, that Case Number 19VARIANCE1003 be CONTINUED to a date uncertain. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Turner, Fishman, and Young Absent: 2- Howard, and Leanhart 5. 19VARIANCE1014 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: Harvard Drive Variance Location: 1846 Harvard Drive Owner(s): Kimberly & Kevin Thieneman 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 Buttorff, seconded by Board Member Fishman, that Case Number 19VARIANCE1014, 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: 5- Buttorff, Jagoe, Turner, Fishman, and Young Absent: 2- Howard, and Leanhart Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary April 1, 2019 6. 19VARIANCE1015 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: Albany Avenue Variance Location: 216 Albany Avenue Owner: Ellis Family Trust Agreement Applicant: Beverly Baker Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Zach Schwager, Planner I A motion was made by Board Member Jagoe, seconded by Board Member Buttorff, that Case Number 19VARIANCE1015, 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: 5- Buttorff, Jagoe, Turner, Fishman, and Young Absent: 2- Howard, and Leanhart Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary April 1, 2019 7. 18CUP1168 Request: Conditional Use Permit for a short term rental unit not the primary residence of the host Project Name: Short Term Rental Location: 129 N Charlton Owner/Applicant/Host: Teresa Willis and Laura Snyder Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 18CUP1168, 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 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. 4. No excessive noise/parties outside shall be allowed between the hours of 10:00 p.m. and 8:00 a.m. Sunday through Thursday, and 11:00 p.m. to 8:00 a.m. Friday and Saturday. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Turner, Fishman, and Young Absent: 2- Howard, and Leanhart Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary April 1, 2019 8. 19CUP1021 Request: Modification of a Conditional Use Permit for outdoor alcohol sales and consumption for a restaurant in a C-1 zoning district Project Name: Goss Alcohol Sales Modification Location: 1031 Goss Avenue Owner: BCCN Real Estate Holdings LLC Applicant: Goss Avenue Restaurant LLC 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 Fishman, seconded by Board Member Buttorff, that Case Number 19CUP1021, Modification of a Conditional Use Permit for outdoor alcohol sales and consumption for a restaurant in a C-1 zoning district (LDC 4.2.41) be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. All development shall be in accordance with the approved 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 Board of Zoning Adjustment (BOZA). 2. The Conditional Use Permit shall be exercised as proscribed by KRS 100.237 within two years of BOZA approval. If it is not so exercised, the site shall not be used for outdoor alcohol sales and consumption and/or indoor live entertainment for a restaurant in the C-1 zoning district without further review and approval by BOZA. 3. The applicant shall consolidate the subject parcels at 1031, 1035, 1037 and 1041 Goss Avenue prior to applying for a building permit. 4. Crossover access and shared parking agreements between Tracts 1 and 2 shall be executed prior to applying for a building permit. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Turner, Fishman, and Young Absent: 2- Howard, and Leanhart Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary April 1, 2019 9. 19CUP1039 Request: Modification of a Conditional Use Permit for a short term rental unit not the primary residence of the host Project Name: W Lee Short Term Rental Location: 314 W Lee Street Owner/Applicant: Craig Henderson Host: Michelle James Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Buttorff, that Case Number 19CUP1039, Modification of Conditional Use Permit 18CUP1075 to allow short term rental of a dwelling unit located in the TNZD (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 twelve (12), or that permitted by the Louisville Metro Code of Ordinances. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Turner, Fishman, and Young Absent: 2- Howard, and Leanhart Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary April 1, 2019 10. 18CUP1179 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: 112 Harlan Avenue Owner: Yaaawooo Realty LLC Applicant: Fredie Robinson Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Jagoe, that Case Number 18CUP1179, Conditional Use Permit to allow short term rental of a dwelling unit tat is not the primary residence of the host in an R-6 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 nine (9), or that permitted by the Louisville Metro Code of Ordinances. The motion carried by the following vote: Yes: 4- Jagoe, Turner, Fishman, and Young No: 1- Buttorff Absent: 2- Howard, and Leanhart Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary April 1, 2019 11. 18CUP1188 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: 1700 Payne Street Owner: Fowl Water LLC Applicant: Matthew Fowler Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Jagoe, seconded by Board Member Buttorff, that Case Number 18CUP1188, Conditional Use Permit to allow short term rental of a duplex that is not the primary residence of the host 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 Unit #1 of the short term rental shall be the lesser of four (4), or that permitted by the Louisville Metro Code of Ordinances, and the maximum number of guests permitted in Unit #2 of 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: 5- Buttorff, Jagoe, Turner, Fishman, and Young Absent: 2- Howard, and Leanhart Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary April 1, 2019 12. 18CUP1197 Request: Conditional Use Permit for a Commercial Kennel Project Name: Kennel Location: 3017 Hunsinger Lane Owner: Louisville Realty Holdings LLC, Arthur Migirov Applicant: Howellco Garage Builders, Steven Howell Jurisdiction: Louisville Metro Council District: 11 - Kevin Kramer Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 18CUP1197, Conditional Use Permit to allow an existing Commercial Kennel in a C-1 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 a commercial kennel without further review and approval by the Board. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Turner, Fishman, and Young Absent: 2- Howard, and Leanhart Adjournment Emily Liu, Planning & Design Services Director, provided the Board Members with information about the CNU Conference. Ms. Liu advised the Board Members if they were interested in attending, we did get some free registration for our Board and Commission members. Louisville Metro Government Page 10