Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, July 8, 2019 1:00 PM Old Jail Auditorium Rollcall Present: 5- Board Member Richard Buttorff, Board Member Lester Turner Jr., Board Member Kim Leanhart, Board Member Dwight Young, and Board Member Rosalind Fishman Absent: 2- Board Member Lula Howard, and Board Member Lindsey Jagoe Approval Of Minutes 1. BOZA_Minutes_06.17.19 Approval of the Minutes from the June 17, 2019 Board of Zoning Adjustment meeting. A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that the Minutes from the June 17, 2019 Board of Zoning Adjustment meeting be APPROVED AS AMENDED. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Leanhart, and Fishman Absent: 2- Howard, and Jagoe Abstain: 1- Young Public Hearing 2. 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, 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: 5- Buttorff, Turner, Leanhart, Young, and Fishman Absent: 2- Howard, and Jagoe Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary July 8, 2019 3. 19VARIANCE1038 Request: Variance to allow parking and maneuvering in the setback Project Name: Airport Industrial Center Location: 114 Rochester Dr Owner: Louisville & Jefferson County Redevelopment Applicant: John McLaren, Titan Research & Development Jurisdiction: Louisville Metro Council District: 21 - Nicole George Case Manager: Lacey Gabbard, AICP, Planner I A motion was made by Board Member Buttorff, seconded by Board Member Fishman, that Case Number 19VARIANCE1038, Variance from Land Development Code Section 5.3.4.D.3.a to allow parking and vehicular maneuvering to be permitted in the setback with no required landscaping, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Leanhart, Young, and Fishman Absent: 2- Howard, and Jagoe 4. 19NONCONFORM1018 Request: A Change in Nonconforming Use from auto repair/sales to contractor’s shop Project Name: S. 3rd Street Change in Nonconforming Use Location: 3906 S. 3rd Street Owner: Backside Holdings, LLC. Applicant: Daniel Brown Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Zach Schwager, Planner I A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 19NONCONFORM1018, Change in nonconforming use, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Leanhart, Young, and Fishman Absent: 2- Howard, and Jagoe Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary July 8, 2019 5. 19CUP1035 Request: Conditional Use Permit for Private Institutional Use in a Single-Family Residential Zoning District Project Name: Life Apostolic Church of Louisville Location: 7731 St Andrews Church Road Owner/Applicant: Life Apostolic Church of Louisville 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 Fishman, that Case Number 19CUP1035, Conditional Use Permit for Private Institutional Use in a Single-Family Residential Zoning District (LDC 4.2.65) 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 a Private Institutional Use without further review and approval by BOZA. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Leanhart, Young, and Fishman Absent: 2- Howard, and Jagoe Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary July 8, 2019 6. 19CUP1053 Request: Conditional Use Permit to allow a potentially hazardous or nuisance use Project Name: CreoSalus chemical storage addition Location: 1044 East Chestnut Street Owner: Medimorphosis, LLC. Applicant: Long Construction Management 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 Fishman, seconded by Board Member Buttorff, that Case Number 19CUP1053, Conditional Use Permit to allow a potentially hazardous or nuisance use in an EZ-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 potentially hazardous or nuisance use until further review and approval by the Board. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Leanhart, Young, and Fishman Absent: 2- Howard, and Jagoe 7. 19CUP1028 Request: Conditional Use Permit for a short-term rental of a dwelling unit that is not the primary residence of the owner/ host Project Name: Thomas Short Term Rental Location: 934 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 Buttorff, seconded by Board Member Turner, that Case Number 19CUP1028, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner/host in an R-6 Zoning District and Traditional Neighborhood Form District, be DENIED. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Leanhart, and Young Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary July 8, 2019 No: 1- Fishman Absent: 2- Howard, and Jagoe 8. 19CUP1038 Request: Conditional Use Permit for a short-term rental of dwelling units that are not the primary residence of the owner/ host Project Name: Bowman Short Term Rental Location: 1427 and 1429 Rufer Avenue Owner: JSB, LLC Applicant: David Orange Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19CUP1038, Conditional Use Permit to allow short term rental of dwelling units that are not the primary residence of the owner/host in an R-5B Zoning District and Traditional Neighborhood Form District, be DENIED. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Leanhart, and Young No: 1- Fishman Absent: 2- Howard, and Jagoe 9. 19CUP1016 Request: Conditional Use Permit for a short-term rental of a dwelling unit that is not the primary residence of the owner/host Project Name: Davis Short Term Rental Location: 1136 Euclid Avenue Owner/Applicant: Brash Properties, LLC Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Buttorff, seconded by Board Member Fishman, that Case Number 19CUP1016, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner/host in an R-5 Zoning District and Traditional Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Leanhart, Young, and Fishman Absent: 2- Howard, and Jagoe Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary July 8, 2019 10. 19CUP1034 Request: Conditional Use Permit for a short-term rental of a dwelling unit that is not the primary residence of the owner/host Project Name: Ruckriegel Short Term Rental Location: 1932 Frankfort Avenue Owner/Applicant: Pam and Mike Ruckriegel Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 19CUP1034, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner/host in an R-6 Zoning District and Traditional Neighborhood Form District, be APPROVED, with RELIEF from Standard 4D. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Leanhart, Young, and Fishman Absent: 2- Howard, and Jagoe 11. 19CUP1048 Request: Conditional Use Permit for a short-term rental of a dwelling unit that is the primary residence of the owner Project Name: Thodoropoulos Short Term Rental Location: 516 West St. Catherine Street Owner/Applicant: Krist and Amity Thodoropoulos 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 Buttorff, that Case Number 19CUP1048, Conditional Use Permit to allow short term rental of a dwelling unit that is the primary residence of the owner in the TNZD and Traditional Neighborhood Form District, 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 shall immediately cease conducting short term rentals on the subject property and a new CUP shall be required to allow short term rentals of the property that is not the primary residence of the host. 2. The two parking spaces at the rear of the property shall be made with a hard and durable surface. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Leanhart, Young, and Fishman Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary July 8, 2019 Absent: 2- Howard, and Jagoe Adjournment Louisville Metro Government Page 7