Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, June 3, 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_05.20.19 Approval of the Minutes from the May 20, 2019 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Turner, that the Minutes from the May 20, 2019 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Howard, Turner, Leanhart, Fishman, and Young Abstain: 1- Jagoe Business Session 2. 19VARIANCE1021 Request: Variance to allow an existing deck to encroach into the rear and side yard setbacks Project Name: Longest Avenue Variance Location: 2311 Longest Avenue Owner/Applicant: Michael Allen - LAC Real Estate, LLC Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Zach Schwager, Planner I A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 19VARIANCE1021 be DENIED. The motion failed by the following vote: Yes: 3- Turner, Fishman, and Young No: 3- Howard, Jagoe, and Leanhart Abstain: 1- Buttorff A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 19VARIANCE1021 be DENIED. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Fishman, and Young Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary June 3, 2019 No: 3- Howard, Jagoe, and Leanhart 3. 19CUP1044 Request: Modified Conditional Use Permit for an off-street parking area Project Name: Kentucky Farm Bureau Location: 9201 Bunsen Parkway Owner: Kentucky Farm Bureau Federation Applicant: Ashley Bartley - Qk4 Jurisdiction: Louisville Metro Council District: 18 - Marilyn Parker Case Manager: Zach Schwager, Planner I A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 19CUP1044, Modified Conditional Use Permit for an off-street parking area (LDC 4.2.39), be APPROVED. The motion carried by the following vote: Yes: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young 4. 19CUP1108 Request: Modified Conditional Use Permit for a solid waste management facility Project Name: Rumpke P-T Addition Location: 1101 W. Oak Street Owner: Rumpke of Kentucky, Inc. Applicant: Ashley Bartley - Qk4 Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Zach Schwager, Planner I A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 19CUP1108, Modified Conditional Use Permit for a solid waste management facility (indoor recycling center), LDC 4.2.49, be APPROVED. The motion carried by the following vote: Yes: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young Public Hearing Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary June 3, 2019 5. 19VARIANCE1028 Request: Height Variance and Side Setback Variance Project Name: Springhurst Hotels Location: 4209 Simcoe Ln Owner: Jaytee Springhurst LLC Applicant: The Malcolm Bryant Group Jurisdiction: Louisville Metro Council District: 17 - Markus Winkler Case Manager: Jay Luckett, AICP, Planner I A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 19VARIANCE1028, Variance from LDC Chapter 5.3.1.C.5 and Table 5.3.2 to allow two proposed hotels to exceed the 30 foot maximum height by up to 35 feet, be APPROVED. The motion carried by the following vote: Yes: 5- Howard, Jagoe, Turner, Fishman, and Young No: 2- Buttorff, and Leanhart A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 19VARIANCE1028, Variance from LDC Chapter 5.3.1.C.5 and Table 5.3.2 to allow office buildings and vehicular use areas to encroach into the required 30 foot non-residential to residential setback by up to 20 feet as shown on the development plan, be APPROVED. The motion carried by the following vote: Yes: 6- Howard, Jagoe, Turner, Leanhart, Fishman, and Young No: 1- Buttorff 6. 19VARIANCE1033 Request: Variances of side yard setbacks for a first story addition on the side of an existing residence and a side yard setback for a change in the roof to an existing addition on the rear of the residence Project Name: Payne Street Variance Location: 1209 Payne Street Owner/Applicant: John Morgan 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 19VARIANCE1033, Variance #1 from LDC Section 5.1.10.F to allow a structure to encroach into the required western side yard setback, and Variance #2 from LDC Section 5.1.10.F to allow a structure to encroach into the required eastern side yard setback, 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 June 3, 2019 7. 19VARIANCE1035 Request: Variance to allow a private yard area to be less than the required 20% of the area of a lot Project Name: Miami Avenue Variance Location: 3817 Miami Avenue Owner/Applicant: Floyd S. Hester Jurisdiction: Louisville Metro Council District: 5 - Donna Purvis Case Manager: Zach Schwager, Planner I A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 19VARIANCE1035, Variance from LDC Section 5.4.1.D.3 to allow a private yard area to be less than the required 20% of the area of a lot, be APPROVED. The motion carried by the following vote: Yes: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young 8. 19VARIANCE1037 Request: Variance for a side yard setback for a first story addition on the rear of an existing residence Project Name: Wendover Avenue Variance Location: 510 Wendover Avenue Owner Adam Wilson Applicant: Charles Podgursky - C.R.P. & Associates, Inc. Jurisdiction: City of St. Matthews Council District: 9 - Bill Hollander Case Manager: Zach Schwager, Planner I A motion was made by Board Member Fishman, seconded by Board Member Jagoe, that Case Number 19VARIANCE1037, Variance from City of St. Matthews Development Code Section 4.6.C.2.b to allow an addition 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. 19VARIANCE1039 Request: Variance of a front yard setback for a single-family residence Project Name: Sanctuary Bluff Lane Variance Location: 4119 Sanctuary Bluff Lane Owner/Applicant: Sham S. Kakar - Sunrise Custom Homes Jurisdiction: Louisville Metro Council District: 16 - Scott Reed Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Howard, that Case Number 19VARIANCE1039, Variance from LDC Table 5.3.1 to allow a structure to encroach into the required front yard setback, be DENIED. The motion carried by the following vote: Yes: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary June 3, 2019 10. 19VARIANCE1044 Request: THIS CASE HAS BEEN WITHDRAWN Variance for vehicular maneuvering to encroach into the rear yard setback Project Name: Preston Highway Variance Location: 6101 Preston Highway Owner: Jhoolay Lal Properties, LLC Representative: Missy Legel - Civil Design, Inc. Jurisdiction: Louisville Metro Council District: 2 - Barbara Shanklin Case Manager: Zach Schwager, Planner I Case Number 19VARIANCE1044 was WITHDRAWN. Therefore, no vote or action was taken. 11. 19VARIANCE1022 Request: Variances and waivers of wall, landscaping, setbacks and fence height requirements Project Name: Churchill Downs Barn Phase 2 Location: 3141 S. 4th Street Owner: AQ Properties LLC Applicant: Churchill Downs Inc. Representative: Qk4 Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 19VARIANCE1022, Variance #1 from LDC 5.5.2 to increase the maximum permitted front setback from 25 ft. to 33 ft. to accommodate proposed security office, and Variance #2 from LDC 4.4.3.A.1.a to permit a fence to exceed the permitted maximum height by 4 ft. 6 in. for a height of 8 ft., be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. No alterations or improvements shown on the development plan, including but not limited to curbing, landscaping and striping, shall be constructed within the existing 4th Street right-of-way before approval of 19STREET1002 is obtained. 2. Permits must be obtained from the Louisville Metro Department of Public Works prior to any temporary closures of 4th Street required for any and all work within the 4th Street right-of-way occurring prior to final road closure. 3. Permits must be obtained from the Louisville Metro Department of Public Works prior to the commencement of any site work, including but not limited to site disturbance, foundation or other construction, and utility relocations. The motion carried by the following vote: Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary June 3, 2019 Yes: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 19VARIANCE1022, Waiver #1 from LDC 10.2.12 to exceed the maximum distance permitted between Interior Landscape Areas, Waiver #2 from LDC 10.2.10 to reduce the required Landscape Buffer Area along the Oakdale Avenue development site frontage by up to 5 ft., and Waiver #2 from LDC 5.5.1.A.3.a to not require masonry wall parking lot screening along the Oakdale Avenue development site frontage, be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. No alterations or improvements shown on the development plan, including but not limited to curbing, landscaping and striping, shall be constructed within the existing 4th Street right-of-way before approval of 19STREET1002 is obtained. 2. Permits must be obtained from the Louisville Metro Department of Public Works prior to any temporary closures of 4th Street required for any and all work within the 4th Street right-of-way occurring prior to final road closure. 3. Permits must be obtained from the Louisville Metro Department of Public Works prior to the commencement of any site work, including but not limited to site disturbance, foundation or other construction, and utility relocations. The motion carried by the following vote: Yes: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young 12. 18CUP1187 Request: Conditional Use Permit for short term rental of a dwelling unit not the primary residence of the host Project Name: Valetta Short Term Rental Location: 2328 Valetta Lane Owner/Applicant/Host: Robert & Diana Brown Revocable Trusts 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 Buttorff, that Case Number 18CUP1187 be CONTINUED to the July 8, 2019 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 6- Buttorff, Howard, Jagoe, Turner, Leanhart, and Young No: 1- Fishman Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary June 3, 2019 13. 18CUP1190 Request: Conditional Use Permit for short term rental of a dwelling unit in a TNZD district Project Name: Garvin Short Term Rental Location: 1209 Garvin Place Owner/Applicant/Host: Hensley Associates 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 Turner, that Case Number 18CUP1190, Conditional Use Permit to allow short term rental of a dwelling unit located within the TNZD (LDC 4.2.63), be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. The host of record for the short term rental shall maintain his or her primary residence in the dwelling unit on the subject property. In the event that the host establishes primary residence on another property, he or she must immediately cease conducting short term rentals on the subject property. A new conditional use permit shall be required to allow for short term rentals on the property that is not the primary residence of the host. 2. The maximum number of guests permitted in the short term rental shall be limited to six (6) per rental. The motion carried by the following vote: Yes: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young 14. 18CUP1204 Request: Conditional Use Permit for short term rental of a dwelling unit not the primary residence of the host Project Name: W. Chestnut Short Term Rental Location: 1516 W. Chestnut Owner/Applicant/Host: Carrye B. Jones Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 18CUP1204, Conditional Use Permit to allow short term rental of dwelling units not the primary residence of the host (LDC 4.2.63), be APPROVED. 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 June 3, 2019 15. 19CUP1007 Request: Conditional Use Permit for short term rental of dwelling units not the primary residence of the host Project Name: Wainwright Short Term Rental Location: 535 Wainwright Avenue Owner/Applicant/Host: Hannah and Ethan Bauer 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 Leanhart, that Case Number 19CUP1007, Conditional Use Permit to allow short term rental of dwelling units where one of the units is the primary residence of the host (LDC 4.2.63), be APPROVED with RELIEF from Item 4D, and SUBJECT to the following Condition of Approval: Condition of Approval: 1. The host of record for the short term rental shall maintain his or her primary residence in one of the two dwelling units on the subject property. In the event that the host establishes primary residence on another property he or she must immediately cease conducting short term rentals of both units on the subject property. A new Conditional Use Permit shall be required to allow for short term rental of any unit on the property that is not the primary residence of the host. The motion carried by the following vote: Yes: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young 16. 19CUP1012 Request: Conditional Use Permit for short term rental of a dwelling unit not the primary residence of the host Project Name: Payne Street Short Term Rental Location: 1922 Payne Street Owner/Applicant/Host: JR Homes LLC 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 19CUP1012, 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. The motion carried by the following vote: Yes: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary June 3, 2019 17. 19CUP1014 Request: Conditional Use Permit for a short-term rental of a dwelling unit that is not the primary residence of the host Project Name: Beauregard/Martin Short Term Rental Location: 1227 South 6th Street Owner/Applicant: Emily Beauregard & William Martin Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Leanhart, that Case Number 19CUP1014, Conditional Use Permit to allow short term rental of a duplex with the upstairs unit serving as the primary residence of the owners/host in the TNZD zoning district and Traditional Neighborhood form district, be APPROVED, with RELIEF from Item 4D, and SUBJECT to the following Condition of Approval: Condition of Approval: 1. The host of record for the short term rental shall maintain his or her primary residence in one of the two dwelling units on the subject property. In the event that the host establishes primary residence on another property he or she must immediately cease conducting short term rentals of both units on the subject property. A new Conditional Use Permit shall be required to allow for short term rental of any unit on the property that is not the primary residence of the host. The motion carried by the following vote: Yes: 7- Buttorff, Howard, Jagoe, Turner, Leanhart, Fishman, and Young 18. 19APPEAL1002 Request: Appeal of Enforcement Action THIS CASE HAS BEEN WITHDRAWN Project Name: West Market Appeal Location: 4509 West Market Street Appellants: Tom Drexler and Greg Popham Jurisdiction: Louisville Metro Council District: 5 - Donna Purvis Case Manager: Chris French, AICP, Planning and Design Supervisor Case Number 19APPEAL1002 was WITHDRAWN. Therefore, no vote or action was taken. Adjournment Prior to adjournment, Chris French suggested the Board Members approve a Special Meeting on July 8, 2019 in order to work through the backlog of Conditional Use Permits as well as other cases. The Board Members discussed this and agreed to hold two meetings on July 8, 2019. Louisville Metro Government Page 9