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 15, 2019 1:00 PM Old Jail Auditorium Call To Order Present: 5- Board Member Lula Howard, Board Member Lester Turner Jr., Board Member Kim Leanhart, Board Member Rosalind Fishman, and Board Member Dwight Young Absent: 2- Board Member Richard Buttorff, and Board Member Lindsey Jagoe Approval Of Minutes 1. BOZA_Minutes_04.01.19 Approval of the Minutes from the April 1, 2019 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Turner, that the Minutes from the April 1, 2019 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Leanhart, Fishman, and Young Absent: 2- Buttorff, and Jagoe Abstain: 1- Howard Business Session 2. 19VARIANCE1024 Request: Variance to allow a structure to encroach into the required rear yard setback Project Name: Ridge Court Variance Location: 1501 Ridge Court Owner(s)/Applicant(s): James & Mills Sublett Jurisdiction: Louisville Metro Council District: 17 - Markus Winkler Case Manager: Zach Schwager, Planner I A motion was made by Board Member Howard, seconded by Board Member Fishman, that Case Number 19VARIANCE1024, Variance from Anchorage Development Code Section 4.2.C.2.d to allow a structure to encroach into the required rear yard setback, be APPROVED. The motion carried by the following vote: Yes: 5- Howard, Turner, Leanhart, Fishman, and Young Absent: 2- Buttorff, and Jagoe Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary April 15, 2019 3. 19VARIANCE1018 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: Old Springdale Road Variance Location: 4314 Old Springdale Road Owner(s): Fred Durham, III Applicant: Beverly Baker Jurisdiction: Louisville Metro Council District: 16 - Scott Reed Case Manager: Zach Schwager, Planner I A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 19VARIANCE1018, 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- Howard, Turner, Leanhart, Fishman, and Young Absent: 2- Buttorff, and Jagoe 4. 18CUP1205 Request: Staff is requesting this case be CONTINUED to a date uncertain, with concurrence of the applicant. Conditional use permit for an expansion of a parking lot for a private institutional use and an associated landscape waiver Project Name: Meredith Dunn School Conditional Use Permit Location: 3023 Melbourne Avenue Owner(s): Meredith Dunn School, Inc. Applicant: Alex Rosenberg - AL Engineering, Inc. Jurisdiction: Louisville Metro Council District: 26 - Brent Ackerson Case Manager: Zach Schwager, Planner I A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 18CUP1205 be CONTINUED to a date uncertain. The motion carried by the following vote: Yes: 5- Howard, Turner, Leanhart, Fishman, and Young Absent: 2- Buttorff, and Jagoe Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary April 15, 2019 5. 18CUP1157 Request: Conditional Use Permit for a short term rental of dwelling units not the primary residence of the host Project Name: Clifton Ave Short Term Rental Location: 110 N Clifton Avenue Owner/Applicant: Hospitality Properties Host: Sal Rubino 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 Howard, that Case Number 18CUP1157, 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 first-floor short term rental unit shall be the lesser of four (4), or that permitted by the Louisville Metro Code of Ordinances. The motion carried by the following vote: Yes: 4- Howard, Turner, Fishman, and Young Absent: 2- Buttorff, and Jagoe Abstain: 1- Leanhart Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary April 15, 2019 6. 19CUP1024 Request: Conditional Use Permit for an Accessory Apartment Project Name: Heiner Accessory Apartment Location: 15101 Piercy Mill Rd Owner/Applicant: Sheila Heiner Representative: Dinsmore & Shohl LLP Jurisdiction: Louisville Metro Council District: 19 - Anthony Piagentini Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 19CUP1024, Conditional Use Permit for an Accessory Apartment (LDC 4.2.3), with RELIEF from Item B, 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 an Accessory Apartment without further review and approval by BOZA. 3. The applicant must contact Louisville Metro Emergency Services to have a unique address assigned to the Accessory Apartment. 4. Review and approval of the site’s septic system by Louisville Metro Dept. of Public Health & Wellness must be obtained before a building permit may be issued. The motion carried by the following vote: Yes: 5- Howard, Turner, Leanhart, Fishman, and Young Absent: 2- Buttorff, and Jagoe Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary April 15, 2019 7. 18CUP1200 Request: Conditional Use Permit for a short-term rental of a dwelling unit that is not the primary residence of the host Project Name: Louise Short Term Rental Location: 2073 Douglass Boulevard Owner/Applicant: Katy Louise 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 Howard, that Case Number 18CUP1200, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner in an R-7 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: 5- Howard, Turner, Leanhart, Fishman, and Young Absent: 2- Buttorff, and Jagoe Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary April 15, 2019 8. 18CUP1206 Request: Conditional Use Permit for an accessory apartment Project Name: Garcia Accessory Apartment Location: 2801 Hikes Lane Owner/Applicant: Jesus Bello Garcia Jurisdiction: Louisville Metro Council District: 26 - Brent Ackerson Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 18CUP1206, Conditional Use Permit to allow an accessory apartment in an R-5 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: 5- Howard, Turner, Leanhart, Fishman, and Young Absent: 2- Buttorff, and Jagoe Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary April 15, 2019 9. 19CUP1006 Request: Conditional Use Permit for a private institution Project Name: St. Peter the Apostle Catholic Church Location: 5431 Johnsontown Road Owner/Applicant: St. Peter the Apostle Catholic Church Jurisdiction: Louisville Metro Council District: 14 - Cindi Fowler Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Fishman, that Case Number 19CUP1006, Conditional Use Permit to allow a private institution in an R-4 Zoning District, be APPROVED (the Board has determined in regard to Item E hours of operation do not need to be specified), 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 institution until further review and approval by the Board. The motion carried by the following vote: Yes: 5- Howard, Turner, Leanhart, Fishman, and Young Absent: 2- Buttorff, and Jagoe Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary April 15, 2019 10. 18CUP1121 Request: Conditional Use Permit for a Private Institutional Use in a Single Family Zoning District Project Name: Additions Location: 8507 Westport Road Owner: Portland Christian School Systems, Inc., Dan Wilson Applicant: Milestone Design Group Inc., Mark Madison Jurisdiction: Louisville Metro 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 Leanhart, that Case Number 18CUP1121, Conditional Use Permit to allow a private institutional use in a Single Family Zoning District, (LDC 4.2.65), be APPROVED (the Board has determined in regard to Item E hours of operation do not need to be specified), 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 proposal 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: 5- Howard, Turner, Leanhart, Fishman, and Young Absent: 2- Buttorff, and Jagoe Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary April 15, 2019 11. 18CUP1148 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: 227 East Oak Street Owner/Applicant: Ana L. Arredondo Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 18CUP1148, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host in a Traditional Neighborhood Zoning District (TNZD) 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: 5- Howard, Turner, Leanhart, Fishman, and Young Absent: 2- Buttorff, and Jagoe Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary April 15, 2019 12. 18CUP1183 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: 1033 East Oak Street Owner: Goff Primary, LLC Applicant: Barrett Goff 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 18CUP1183, Conditional Use Permit to allow a short term rental of a dwelling that is not the primary residence of the host in an R-6 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 six (6), or that permitted by the Louisville Metro Code of Ordinances. The motion carried by the following vote: Yes: 5- Howard, Turner, Leanhart, Fishman, and Young Absent: 2- Buttorff, and Jagoe Louisville Metro Government Page 10 Board of Zoning Adjustment Action Summary April 15, 2019 13. 19CUP1011 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: 7517 Merlyn Circle Owner: Patrick D’Angelo Applicant: Key Source Properties, Jonathan Klunk Jurisdiction: Louisville Metro Council District: 25 - David Yates Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Fishman, that Case Number 19CUP1011, Conditional Use Permit to allow short term rental of a dwelling 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: 5- Howard, Turner, Leanhart, Fishman, and Young Absent: 2- Buttorff, and Jagoe Adjournment Louisville Metro Government Page 11