Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, August 5, 2019 1:00 PM Old Jail Auditorium Rollcall Present: 5- Board Member Lula Howard, Board Member Lester Turner Jr., Board Member Kim Leanhart, Board Member Dwight Young, and Board Member Rosalind Fishman Absent: 2- Board Member Richard Buttorff, and Board Member Lindsey Jagoe Approval Of Minutes 1. BOZA_Minutes_07.22.19 Approval of the Minutes from the July 22, 2019 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Howard, that the Minutes from the July 22, 2019 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Howard, Turner, Leanhart, Young, and Fishman Absent: 2- Buttorff, and Jagoe Business Session 2. 19-VARIANCE-0020 Request: Variance to allow a proposed window well to encroach into the required side yard Project Name: Window Well Variance Location: 3023 Eagle Pass Owner: John Nitzken Applicant: Jarrett Robbins Jurisdiction: Louisville Metro Council District: 10- Pat Mulvihill Case Manager: Steve Hendrix, Planning & Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 19-VARIANCE-0020, Variance from Land Development Code Table 5.3.1 to allow a structure to enroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: 5- Howard, Turner, Leanhart, Young, and Fishman Absent: 2- Buttorff, and Jagoe Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary August 5, 2019 3. 19-MCUP-0001 Request: Modification of a Conditional Use Permit to allow a new 64 square foot security structure Project Name: West Security Office Location: 1100 Story Avenue Owner/Applicant: JBS Swift 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 19-MCUP-0001, Modification of a Conditional Use Permit to allow a new 64 square foot security structure in the west employee parking lot adjacent to North Bickel Avenue, 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 modified 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 modification is not so exercised, the request becomes void. The motion carried by the following vote: Yes: 5- Howard, Turner, Leanhart, Young, and Fishman Absent: 2- Buttorff, and Jagoe Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary August 5, 2019 4. 19CUP1124 Request: Modification of Conditional Use Permit for Cemeteries and Mausoleums Project Name: Calvary Cemetery Location: 1600 and 1740 Newburg Rd Owner: Roman Catholic Bishop of Louisville Applicant: Catholic Cemeteries Representative: Bardenwerper Talbott & Roberts PLLC Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 19CUP1124, Modification of Conditional Use Permit for Cemeteries and Mausoleums (LDC 4.2.13), 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 by and approval of the Board. 2. The Modified 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 Cemeteries and Mausoleums without further review by and approval of the Board. 3. Reconstruction and repair of the existing Newburg Road sidewalk shall be completed as needed to meet current MPW standards and shall be inspected prior to final bond release. 4. A crossover access and parking agreement shall be executed prior to construction plan review. The motion carried by the following vote: Yes: 5- Howard, Turner, Leanhart, Young, and Fishman Absent: 2- Buttorff, and Jagoe Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary August 5, 2019 5. 19CUP1009 Request: RECONSIDERATION 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: 1006 Mulberry Street Owner/Applicant: Benjamin Levine Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Steve Hendrix, Planning and Design Coordinator The Board of Zoning Adjustment, by general consensus, in Case Number 19CUP1009 agreed to deny the Reconsideration Request. Therefore, no vote or action was taken. Public Hearing 6. 19DEVPLAN1006 Request: Category 3 Development Plan with a Variance Project Name: Flavorman Location: 809 S 8th St Owner/Applicant: 809 SoBro, LLC. Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Jay Luckett, AICP, Planner I A motion was made by Board Member Howard, seconded by Board Member Fishman, that Case Number 19DEVPLAN1006, Variance from Land Development Code Table 5.2.2 to allow a 29,235 SF addition to encroach into the 10 foot side yard setback by 10 feet as shown on the development plan, be APPROVED. The motion carried by the following vote: Yes: 5- Howard, Turner, Leanhart, Young, and Fishman Absent: 2- Buttorff, and Jagoe A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 19DEVPLAN1006, Category 3 Development Plan, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. Before any permit, including but not limited to building, parking lot, change of use, site disturbance, alteration permit or demolition, a minor plat or legal instrument shall be recorded consolidating the lots into a single lot. The motion carried by the following vote: Yes: 5- Howard, Turner, Leanhart, Young, and Fishman Absent: 2- Buttorff, and Jagoe Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary August 5, 2019 7. 19VARIANCE1058 Request: Variance to allow a proposed structure to encroach into the required side yard setback Project Name: Cross Meadows Circle Variance Location: 9333 Cross Meadows Circle Owner: Glenmary Village Development, LLC Applicant: Ann Richard - Land Design & Development, Inc. Jurisdiction: Louisville Metro Council District: 20 - Stuart Benson Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Fishman, that Case Number 19VARIANCE1058, 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, Young, and Fishman Absent: 2- Buttorff, and Jagoe 8. 19-VARIANCE-0008 Request: Variances to allow a proposed sign to exceed the maximum allowable height and area and a waiver to allow a freestanding sign to not be a monument or columnar style sign on a lot adjacent to a designated parkway Project Name: River Road Variances and Waiver Location: 3015 River Road Owner: Pastime Development, Co. Applicant: Tanya Scott - Signarama Downtown Jurisdiction: Louisville Metro Council District: 7 - Paula McCraney Case Manager: Zach Schwager, Planner I A motion was made by Board Member Turner, seconded by Board Member Fishman, that Case Number 19-VARIANCE-0008, Variance from Land Development Code Table 8.3.3 to allow a sign to exceed the allowable height on a designated parkway, and Variance from Land Development Code Table 8.3.3 to allow a sign to exceed the allowable area on a designated parkway, be APPROVED. The motion carried by the following vote: Yes: 3- Howard, Turner, and Fishman No: 2- Leanhart, and Young Absent: 2- Buttorff, and Jagoe Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary August 5, 2019 A motion was made by Board Member Turner, seconded by Board Member Howard, that Case Number 19-VARIANCE-0008 (19-WAIVER-0007), Waiver from Land Development Code Section 8.3.3.B.9 to allow a freestanding sign to not be a monument or columnar style sign on a lot adjacent to a designated parkway, be APPROVED,SUBJECT to the following Condition of Approval: Condition of Approval: 1. Landscaping shall be added at the base of the sign. The motion carried by the following vote: Yes: 3- Howard, Turner, and Fishman No: 2- Leanhart, and Young Absent: 2- Buttorff, and Jagoe 9. 19-VARIANCE-0017 Request: Variance to allow a proposed sign to exceed the maximum allowable area in the Traditional Marketplace Corridor Project Name: Brent Street Variance Location: 724 Brent Street Owner: Kentucky Ceramics, LLC Applicant: Shawn Hadley - Brown-Forman and KCA Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Zach Schwager, Planner I A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 19-VARIANCE-0017, Variance from Land Development Code Table 8.3.2 to allow a sign to exceed the allowable area in the Traditional Marketplace Corridor Form District, be APPROVED. The motion carried by the following vote: Yes: 5- Howard, Turner, Leanhart, Young, and Fishman Absent: 2- Buttorff, and Jagoe Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary August 5, 2019 10. 19CUP1045 Request: Conditional Use Permit for Commercial Greenhouses/Plant Nurseries/Landscape Material Supply Project Name: Full Care of Louisville Location: 2501 Blankenbaker Road Owner/Applicant: Twins Unlimited Representative: Dinsmore & Shohl LLP Jurisdiction: Louisville Metro Council District: 20 - Stuart Benson Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Fishman, that Case Number 19CUP1045, Conditional Use Permit for Commercial Greenhouses/Plant Nurseries/Landscape Material Supply (LDC 4.2.16), 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 Commercial Greenhouse/Plant Nursery/Landscape Material Supply without further review and approval by BOZA. 3. The subject parcel shall be consolidated with the adjoining parcel at 2601 Blankenbaker Road or a crossover access and parking agreement between the properties shall be executed no later than September 4, 2019. The motion carried by the following vote: Yes: 5- Howard, Turner, Leanhart, Young, and Fishman Absent: 2- Buttorff, and Jagoe Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary August 5, 2019 11. 19CUP1123 Request: Conditional Use Permit for a Mini-Warehouse Facility with Requests for Relief Project Name: Blankenbaker Station I - Lot 7 Location: 12550 Sycamore Station Pl Owner/Applicant: Gregory W. Oakley, Pinnacle Partners LLC/TSF Properties Representative: Kathy M. Linares, Mindel Scott Jurisdiction: Louisville Metro Council District: 20 - Stuart Benson Case Manager: Lacey Gabbard, AICP, Planner I A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 19CUPC1123, Conditional Use Permit for Mini-Warehouses (LDC 4.2.35), be APPROVED, with RELIEF from Land Development Code Section 4.2.35.G to allow the building to be more than 1 story/15 feet in height, and RELIEF from Land Development Code Section 4.2.3.5.H to allow more than one freestanding sign on the site, and 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 by and approval of 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 Mini-Warehouse without further review by and approval of the Board. The motion carried by the following vote: Yes: 5- Howard, Turner, Leanhart, Young, and Fishman Absent: 2- Buttorff, and Jagoe 12. 19CUP1055 Request: Conditional Use Permit for short term rental of a dwelling unit not the primary residence of the host Project Name: S. 3rd Short Term Rental Location: 2911 S. 3rd Street Owner/Applicant/Host: S & W Property Group LLC 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 Howard, that Case Number 19CUP1055, 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- Howard, Turner, Leanhart, Young, and Fishman Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary August 5, 2019 Absent: 2- Buttorff, and Jagoe 13. 19CUP1046 Request: Conditional Use Permit for short term rental of dwelling units not the primary residence of the host Project Name: Barret Avenue Short Term Rental Location: 1368 Barret Avenue Owner/Applicant/Host: DerbyBirdie LLP 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 Fishman, that Case Number 19CUP1046, Conditional Use Permit for short term rental of dwelling units not the primary residence of the host (LDC 4.2.63), be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. Prior to the commencement of any short term rental on the subject property, the driveway shall be inspected by Planning & Design Services staff to confirm that it is code compliant with a hard and durable surface. The motion carried by the following vote: Yes: 5- Howard, Turner, Leanhart, Young, and Fishman Absent: 2- Buttorff, and Jagoe 14. 18CUP1177 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: 1004 Mayer Avenue Owner/Applicant: James Wallace Jurisdiction: Louisville Metro Council District: 10- Pat Mulvihill Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 18CUP1177, 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 Traditional Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 5- Howard, Turner, Leanhart, Young, and Fishman Absent: 2- Buttorff, and Jagoe Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary August 5, 2019 15. 19CUP1076 Request: Conditional Use Permit for short term rental of a dwelling unit located in the TNZD Project Name: Floral Terrace Short Term Rental Location: 604 Floral Terrace Owner: Creative Resolutions, LLC Applicant/Host: David Orange Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 19CUP1076, Conditional Use Permit to allow short term rental of a dwelling unit within the TNZD (LDC 4.2.63) be APPROVED. The motion carried by the following vote: Yes: 5- Howard, Turner, Leanhart, Young, and Fishman Absent: 2- Buttorff, and Jagoe 16. 18CUP1181 Request: Conditional Use Permit for short term rental of a dwelling unit not the primary residence of the host Project Name: 122 Bellaire Short Term Rental Location: 122 N. Bellaire Avenue Owner/Applicant/Host: Thomas H. Fawbush Jr. Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 18CUP1181, Conditional Use Permit to allow short term rental of dwelling uits not the primary residence of the host (LDC 4.2.63), be DENIED. The motion carried by the following vote: Yes: 3- Howard, Leanhart, and Young No: 2- Turner, and Fishman Absent: 2- Buttorff, and Jagoe Louisville Metro Government Page 10 Board of Zoning Adjustment Action Summary August 5, 2019 17. 18CUP1180 Request: Conditional Use Permit for short term rental of a dwelling unit not the primary residence of the host Project Name: 120 Bellaire Short Term Rental Location: 120 N. Bellaire Avenue Owner/Applicant/Host: Thomas H. Fawbush Jr. 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 18CUP1180, Conditional Use Permit to allow short term rental of dwelling units not the primary residence of the host (LDC 4.2.63), be APPROVED, with RELIEF from Standard 4D and Standard 4K, and SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. The Conditional Use Permit for short term rental on the subject site shall not become effective until one of the following is completed: a. Nonconforming Rights for a duplex within the primary structure is successfully determined by the Office of Planning and Design Services; or b. The principal structure is converted to a single family residence to the satisfaction of the Office of Planning and Design Services. 2. The required registration for short term rental use of the site shall be submitted no later than 30 days from the completion of Condition 1. The motion carried by the following vote: Yes: 4- Howard, Turner, Leanhart, and Fishman No: 1- Young Absent: 2- Buttorff, and Jagoe 18. 18CUP1182 Request: Conditional Use Permit for short term rental of a dwelling unit not the primary residence of the host Project Name: Story Short Term Rental Location: 1581 Story Avenue Owner/Applicant/Host: Thomas H. Fawbush Jr. 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 Leanhart, that Case Number 18CUP1182, 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- Howard, Turner, Leanhart, Young, and Fishman Louisville Metro Government Page 11 Board of Zoning Adjustment Action Summary August 5, 2019 Absent: 2- Buttorff, and Jagoe Adjournment Louisville Metro Government Page 12