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 22, 2019 1:00 PM Old Jail Auditorium Call To Order Present: 5- Board Member Richard Buttorff, Board Member Lula Howard, Board Member Lester Turner Jr., Board Member Dwight Young, and Board Member Rosalind Fishman Absent: 2- Board Member Lindsey Jagoe, and Board Member Kim Leanhart Approval Of Minutes 1. BOZA_Minutes_07.08.19_Special Approval of the Minutes from the July 8, 2019 Special Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Fishman, that the Minutes from the July 8, 2019 Special Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Young, and Fishman Absent: 2- Jagoe, and Leanhart Abstain: 1- Howard 2. BOZA_Minutes_07.08.19_Reg Approval of the Minutes from the July 8, 2019 Regular Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Fishman, that the Minutes from the July 8, 2019 Regular Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Young, and Fishman Absent: 2- Jagoe, and Leanhart Abstain: 1- Howard Business Session Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary July 22, 2019 3. STR_RD_01.2019 Request: Short Term Rental Residency Determination Project Name: n/a Location: 1834 Sherwood Ave Owner/Applicant/Host: Ashley Santos Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Joseph Haberman, AICP, Planning Manager A motion was made by Board Member Howard, seconded by Board Member Fishman, that the Short Term Rental Residency Determination for 1834 Sherwood Avenue be DENIED. The Board determines that 1834 Sherwood Avenue is not the primary residence of the owner/host. The motion carried by the following vote: Yes: 4- Buttorff, Howard, Young, and Fishman No: 1- Turner Absent: 2- Jagoe, and Leanhart 4. 19CUP1028 Request: RECONSIDERATION 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 Fishman, that Case Number 19CUP1028, Reconsideration Request, be APPROVED. This case will be scheduled for reconsideration at a future BOZA meeting. The motion carried by the following vote: Yes: 4- Buttorff, Howard, Turner, and Fishman No: 1- Young Absent: 2- Jagoe, and Leanhart Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary July 22, 2019 5. 19CUP1038 Request: RECONSIDERATION 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 Turner, seconded by Board Member Fishman, that Case Number 19CUP1038, Reconsideration Request, be APPROVED. The motion failed by the following vote: Yes: 2- Turner, and Fishman No: 2- Buttorff, and Young Absent: 2- Jagoe, and Leanhart Abstain: 1- Howard A motion was made by Board Member Turner, seconded by Board Member Fishman, that Case Number 19CUP1038, Reconsideration Request, be APPROVED. This case will be scheduled for reconsideration at a future BOZA meeting. The motion carried by the following vote: Yes: 3- Howard, Turner, and Fishman No: 2- Buttorff, and Young Absent: 2- Jagoe, and Leanhart 6. 19CUP1018 Request: RECONSIDERATION REQUEST Conditional use permit to allow a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Franklin Street Short Term Rental Location: 813 Franklin Street Owner/Applicant: Colin Clark - Double C Realty, LLC Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Zach Schwager, Planner I A motion was made by Board Member Buttorff, seconded by Board Member Fishman, that Case Number 19CUP1018, Reconsideration Request, be APPROVED. This case will be scheduled for reconsideration at a future BOZA meeting. The motion carried by the following vote: Yes: 4- Buttorff, Howard, Turner, and Fishman Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary July 22, 2019 No: 1- Young Absent: 2- Jagoe, and Leanhart Public Hearing 7. 19VARIANCE1048 Request: Variances to allow a private yard area to be less than the required 20% of the area of a lot and a structure to encroach into the required side yard setback Project Name: Longest Avenue Variance Location: 2204 Longest Avenue Owner: Philip Rohrer Applicant: Josh Myers - Myers & Co. L.A. 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 19VARIANCE1048, Variance from Land Development Code Section 5.1.10.F to allow a structure to encroach into the required side yard setback, and Variance from Land Development Code 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: 5- Buttorff, Howard, Turner, Young, and Fishman Absent: 2- Jagoe, and Leanhart 8. 19VARIANCE1049 Request: Variance to allow a fence in the front and street side yards to exceed 42 inches in height Project Name: W. Kentucky Street Variance Location: 600 W. Kentucky Street Owner: P & B Land, LLC Applicant: Diego Franco - Radio Communication Systems 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 Buttorff, that Case Number 19VARIANCE1049, Variance from Land Development Code Section 4.4.3.A.1.a.i to allow a fence in the front and street side yards in a Traditional Neighborhood Form District to exceed 42 inches in height, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Young, and Fishman Absent: 2- Jagoe, and Leanhart Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary July 22, 2019 9. 19VARIANCE1053 Request: Variance to allow a proposed garage to encroach into the required side yard setback Project Name: Meadow Road Variance Location: 2509 Meadow Road Owner: Judith Spring Gallagher Applicant: Beverly D. Baker - Beverly D. Baker, Architect PLLC Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Zach Schwager, Planner I A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 19VARIANCE1053, Variance from Land Development Code Section 5.4.2.C.3.a to allow a structure to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Young, and Fishman Absent: 2- Jagoe, and Leanhart 10. 19VARIANCE1054 Request: Variance to allow an addition on the rear of an existing residence to encroach into the required side yard setback Project Name: N. Birchwood Avenue Variance Location: 112 N. Birchwood Avenue Owner: Claire Anton & John Goebel Applicant: Donald Reinhardt - R.A.D. Construction & Development, LLC Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Zach Schwager, Planner I A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 19VARIANCE1054, Variance from Land Development Code Table 5.2.2 to allow a structure to encroach into the required side yard setback, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. A survey of the southern property line shall be completed prior to the commencement of construction activity and shall be staked in the field. No projections from the façade or building foundation shall cross the property line; any such projections shall be accommodated by stepping back the proposed structure from the property line. A copy of the survey shall be submitted to staff. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Young, and Fishman Absent: 2- Jagoe, and Leanhart Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary July 22, 2019 11. 19VARIANCE1056 Request: Variance to allow a private yard area to be less than the required 30% of the area of a lot Project Name: Sycamore Avenue Variance Location: 2120 Sycamore Avenue Owner: Cassandra Culin Applicant: Gary Watrous - Watrous Assoc. Architects Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Zach Schwager, Planner I A motion was made by Board Member Howard, seconded by Board Member Fishman, that Case Number 19VARIANCE1056, Variance from Land Development Code Section 5.4.1.D.2 to allow a private yard area to be less than the required 30% of the area of a lot, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Young, and Fishman Absent: 2- Jagoe, and Leanhart 12. 19VARIANCE1057 Request: THIS CASE IS BEING CONTINUED Variances to allow a private yard area to be less than the required 30% of the area of a lot and a new accessory structure to encroach into the required street side yard setback, and a waiver to allow parking access from a street where alley access is available Project Name: Frankfort Avenue Variance Location: 1848 Frankfort Avenue Owner/Applicant: Todd Troy Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Zach Schwager, Planner I A motion was made by Board Member Howard, seconded by Board Member Fishman, that Case Number 19VARIANCE1057 be CONTINUED TO A DATE UNCERTAIN. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Young, and Fishman Absent: 2- Jagoe, and Leanhart Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary July 22, 2019 13. 19-CUP-0012 Request: Conditional Use Permit for a Private Non-Profit Club Project Name: Private Non-Profit Club Location: 3107 S. Crums Lane Owner: Metro Bank Applicant: Hortense B. Perry Foundation Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 19-CUP-0012, Conditional Use Permit for Private Non-Profit Club (LDC 4.2.43), 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 the requested purpose without further review and approval by BOZA. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Young, and Fishman Absent: 2- Jagoe, and Leanhart Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary July 22, 2019 14. 18CUP1178 Request: Conditional Use Permit for short term rental of dwelling units located in a TNZD Project Name: S. 1st Short Term Rental Location: 1478 S. 1st Street Owner/Applicant/Host: Sieglinde Kinne 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 18CUP1178, Conditional Use Permit to allow short term rental of dwelling units located in the TNZD (LDC 4.2.63), be approved, with RELIEF from Standard 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 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. The motion carried by the following vote: Yes: 4- Howard, Turner, Young, and Fishman No: 1- Buttorff Absent: 2- Jagoe, and Leanhart Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary July 22, 2019 15. 19CUP1052 Request: Conditional Use Permit for short term rental of a dwelling unit located in the TNZD Project Name: Floral Terrace Short Term Rental Location: 631 Floral Terrace Owner: Abraham Solano Applicant/Host: Margaret Muller 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 Howard, that Case Number 19CUP1052, Conditional Use Permit to allow short term rental of a dwelling unit in a TNZD District (LDC 4.2.63), be APPROVED, 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 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. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Young, and Fishman Absent: 2- Jagoe, and Leanhart 16. 19CUP1041 Request: Conditional use permit to allow a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Possum Path Short Term Rental Location: 337 Possum Path Owner/Applicant: Richard Wessel Jurisdiction: Louisville Metro Council District: 21 - Nicole George Case Manager: Zach Schwager, Planner I A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 19CUP1041, 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, Howard, Turner, Young, and Fishman Absent: 2- Jagoe, and Leanhart Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary July 22, 2019 17. 19CUP1029 Request: Conditional Use Permit for short term rental of a dwelling unit not the primary residence of the host Project Name: Ellison Short Term Rental Location: 904 Ellison Avenue Owner/Applicant/Host: Lauren Garver Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Buttorff, seconded by Board Member Howard, that Case Number 19CUP1029, Conditional Use Permit to allow short term rental of a dwelling unit not the primary residence of the host (LDC 4.2.63), be DENIED. The motion carried by the following vote: Yes: 3- Buttorff, Howard, and Young No: 2- Turner, and Fishman Absent: 2- Jagoe, and Leanhart 18. 19CUP1030 Request: Conditional Use Permit for short term rental of a dwelling unit not the primary residence of the host Project Name: Reutlinger Short Term Rental Location: 1291 Reutlinger Avenue Owner/Applicant/Host: Lauren Garver Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Buttorff, seconded by Board Member Fishman, that Case Number 19CUP1030, 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, Howard, Turner, Young, and Fishman Absent: 2- Jagoe, and Leanhart Louisville Metro Government Page 10 Board of Zoning Adjustment Action Summary July 22, 2019 19. 19CUP1064 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: Fischer Short Term Rental Location: 4629 South 3rd Street Owner/Applicant: Quinn and Michelle Fischer Jurisdiction: Louisville Metro Council District: 21 - Nicole George Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 19CUP1064, 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, Howard, Turner, Young, and Fishman Absent: 2- Jagoe, and Leanhart 20. 19CUP1065 Request: Conditional Use Permit for a short term rental of a single family dwelling that is not the primary residence of the host Project Name: Short Term Rental Location: 3302 Dogwood Drive Owner/Applicant: M. Barrett Goff Jurisdiction: Louisville Metro Council District: 26 - Brent Ackerson Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 19CUP1065, Conditional Use Permit to allow short term rental of a single family dwelling that is not the primary residence of the host in an R-5 Zoning District and Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Young, and Fishman Absent: 2- Jagoe, and Leanhart Adjournment Prior to adjournment, Joe Haberman, Planning & Design Manager, suggested another Special BOZA meeting for the first regularly scheduled meeting date in September (9/9/19) to hear Short Term Rental cases. Louisville Metro Government Page 11