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 29, 2019 1:00 PM Old Jail Auditorium Call To Order Present: 5- Board Member Richard Buttorff, Board Member Lindsey Jagoe, Board Member Lester Turner Jr., Board Member Kim Leanhart, and Board Member Dwight Young Absent: 2- Board Member Lula Howard, and Board Member Rosalind Fishman Approval Of Minutes 1. BOZA_Minutes_04.15.19 Approval of the Minutes from the April 15, 2019 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Leanhart, that the Minutes from the April 15, 2019 Board of Zoning Adjustment meeting be APROVED. The motion carried by the following vote: Yes: 3- Turner, Leanhart, and Young Absent: 2- Howard, and Fishman Abstain: 2- Buttorff, and Jagoe Business Session 2. 19CUP1050 Request: Modified Conditional Use Permit for a nursing home and home for the infirm and aged Project Name: Artis Senior Living Location: 4922 Brownsboro Road Owner/Applicant: Artis Senior Living of Louisville Jurisdiction: Louisville Metro Council District: 7 - Paula McCraney Case Manager: Dante St. Germain, AICP, Planner II A motion was made by Board Member Turner, seconded by Board Member Leanhart, that Case Number 19CUP1050, Modified Conditional Use Permit for a nursing home and home for the infirm or aged, (LDC Section 4.2.38) be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Turner, Leanhart, and Young Absent: 2- Howard, and Fishman Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary April 29, 2019 3. 19VARIANCE1020 Request: Variance to allow encroachment of required street side setbacks Project Name: Anchorage Landmark II Location: 2604 Chamberlain Ln Owner/Applicant: Ghasem Properties Jurisdiction: Louisville Metro Council District: 17 - Markus Winkler Case Manager: Jay Luckett, AICP, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 19VARIANCE1020, Variance from Land Development Code Section 5.3.4.D.3.a to allow a proposed commercial building to encroach up to 5 feet into the required 25 foot street side setback along Old LaGrange Road as shown on the development plan, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Turner, Leanhart, and Young Absent: 2- Howard, and Fishman A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 19VARIANCE1020, Variance from Land Development Code Section 5.3.4.D.3.a to allow a proposed commercial building to encroach up to 18.6 feet into the required 25 foot street side setback along the private access easement as shown on the development plan, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Turner, Leanhart, and Young Absent: 2- Howard, and Fishman Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary April 29, 2019 4. 18CUP1165 Request: Conditional Use Permit for an Accessory Apartment Project Name: Fernwood Accessory Apartment Location: 1722 Fernwood Avenue Owner/Applicant: Scott Bailey Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 18CUP1165, Conditional Use Permit for an Accessory Apartment (LDC 4.2.3) 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 is required to contact Louisville Metro Emergency Services to have a unique address assigned to the accessory apartment. 4. No more than two adults shall reside in the accessory apartment. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Turner, Leanhart, and Young Absent: 2- Howard, and Fishman Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary April 29, 2019 5. 19DEVPLAN1031 Request: Category 3 Development Plan with Variance and Waivers Project Name: Beecher Terrace Phase II Location: 1000 W Jefferson St Owner/Applicant: Louisville Metro Housing Authority Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Jay Luckett, AICP, Planner I A motion was made by Board Member Turner, seconded by Board Member Jagoe, that Case Number 19DEVPLAN1031, Variance from Land Development Code Section 5.2.1.C.6 to allow structures on a corner lot within the Downtown form district to exceed the 0 foot maximum setback within 50 feet of an intersection, applicable on all corners, variances up to 30 feet as shown on the development plan, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Turner, Leanhart, and Young Absent: 2- Howard, and Fishman A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 19DEVPLAN1031, Waiver #1 from Land Development Code Section 5.2.1.C.2 to not maintain a minimum 3-story street wall along all frontages within the development, and Waiver #2 from Land Development Code Section 5.8.1.C.1.b to not provide sidewalks at least 84 inches wide in the Downtown form district, applicable to all sidewalks within the development, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Turner, Leanhart, and Young Absent: 2- Howard, and Fishman A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 19DEVPLAN1031, Category 3 Development Plan, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Turner, Leanhart, and Young Absent: 2- Howard, and Fishman Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary April 29, 2019 6. 19VARIANCE1013 Request: Variance to allow a fence in the front yard to exceed 42 inches in height Project Name: Caledonia Avenue Variance Location: 4 Caledonia Avenue Owner/Applicant: Thomas Faversham - Deep Creek Builders Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 19VARIANCE1013, Variance from Land Development Code Section 4.4.3.A.1.a.i to allow a fence in the front yard setback to exceed 42 inches in height in the Traditional Neighborhood form district, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Turner, Leanhart, and Young Absent: 2- Howard, and Fishman 7. 19VARIANCE1017 Request: Variance to allow a structure to exceed the required front yard setback and associated waivers to allow parking to be located in front of the building and to allow less than the required interior landscape area Project Name: Preston Highway Variance Location: 3008 & 3010 Preston Highway Owner Winlo LLC Representative: Mike Hill - Land Design & Development, Inc. Jurisdiction: Louisville Metro Council District: 21 - Nicole George Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19VARIANCE1017 be CONTINUED to the May 20, 2019 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Turner, Leanhart, and Young Absent: 2- Howard, and Fishman Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary April 29, 2019 8. 18CUP1163 Request: THIS CASE IS BEING CONTINUED TO A DATE UNCERTAIN CUP for Mini-Warehouses Project Name: Lyneve Storage Units Location: 9202 Lyneve Drive Owner: Marshall Enterprises Inc. Applicant: Williams Properties Representative: Dinsmore & Shohl LLP Jurisdiction: Louisville Metro Council District: 25 - David Yates Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 18CUP1163 be CONTINUED to a date uncertain. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Turner, Leanhart, and Young Absent: 2- Howard, and Fishman 9. 19CUP1026 Request: Conditional Use Permit for a Private Institutional Use in a Single-Family Residential Zoning District Project Name: Sacred Heart Renovation Location: 3115 Lexington Road Owner: Ursuline Society & Academy of Education Applicant: Sacred Heart Schools Representative: Land Design & Development Inc. 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 Buttorff, that Case Number 19CUP1026, Conditional Use Permit for a Private Institutional Use in a Single Family Residential zoning district (LDC 4.2.65) be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Turner, Leanhart, and Young Absent: 2- Howard, and Fishman Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary April 29, 2019 10. 18CUP1212 Request: Conditional Use Permit for a short term rental of dwelling units not the primary residence of the host Project Name: E. Washington Short Term Rental Location: 936 E. Washington Street Owner/Applicant: Uncle Karl Dyson LLC Host: David Orange Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 18CUP1212, 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 allowed in the short term rental shall be the lesser of six (6), or that permitted by the Louisville Metro Code of Ordinances. 4. The advertisement for the short term rental shall indicate the maximum number of cars shall be limited to two (2) per rental. The motion carried by the following vote: Yes: 4- Buttorff, Jagoe, Leanhart, and Young No: 1- Turner Absent: 2- Howard, and Fishman Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary April 29, 2019 11. 18CUP1210 Request: Conditional Use Permit for a short-term rental of a dwelling unit that is not the primary residence of the host Project Name: Turner Short Term Rental Location: 1033 East Burnett Avenue Owner: Turner Homes, LLC Applicant: David Orange Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Jagoe, that Case Number 18CUP1210, 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 six (6), or that permitted by the Louisville Metro Code of Ordinances. The motion carried by the following vote: Yes: 4- Jagoe, Turner, Leanhart, and Young No: 1- Buttorff Absent: 2- Howard, and Fishman Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary April 29, 2019 12. 18CUP1213 Request: Conditional Use Permit for a short-term rental of a dwelling unit that is not the primary residence of the host Project Name: Thomas Short Term Rental Location: 932 East Oak Street Owner: Uncle Karl Dyson, LLC Applicant: David Orange Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Jagoe, that Case Number 18CUP1213, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner 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- Buttorff, Jagoe, Turner, Leanhart, and Young Absent: 2- Howard, and Fishman Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary April 29, 2019 13. 18CUP1172 Request: THIS CASE IS BEING CONTINUED TO 5/20/19 Conditional Use Permit for a short-term rental of a dwelling unit that is not the primary residence of the host Project Name: Snyder Short Term Rental Location: 2808 Yorkshire Boulevard Owner/Applicant: David Snyder Jurisdiction: Louisville Metro Council District: 26 - Brent Ackerson Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 18CUP1172 be CONTINUED to the May 20, 2019 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Turner, Leanhart, and Young Absent: 2- Howard, and Fishman Adjournment Prior to adjournment, Joe Haberman, Planning & Design Manager, provided the Board Members with a brief summary of the changes to short term rentals proposed by Metro Council. Louisville Metro Government Page 10