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 19, 2019 1:00 PM Old Jail Auditorium Rollcall Present: 6- Board Member Richard Buttorff, Board Member Lula Howard, Board Member Lester Turner Jr., Board Member Kim Leanhart, Board Member Dwight Young, and Board Member Rosalind Fishman Absent: 1- Board Member Lindsey Jagoe Approval Of Minutes 1. BOZA_Minutes_08.05.19 Approval of the Minutes from the August 5, 2019 Board of Zoning Adjustment meeting. A motion was made by Board Member Leanhart, seconded by Board Member Turner, that the Minutes from the August 5, 2019 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Howard, Turner, Leanhart, Young, and Fishman Absent: 1- Jagoe Abstain: 1- Buttorff Business Session 2. STR_RD_01.2019 Request: RECONSIDERATION 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 The Board of Zoning Adjustment, by general consensus, in Case Number STR_RD_01.2019 agreed to deny the Reconsideration Request. Therefore, no vote or action was taken. Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary August 19, 2019 3. 19-VARIANCE-0006 Request: Variance to allow a proposed sign to exceed the maximum height in the Regional Center Form District Project Name: Dupont Circle Variance Location: 4000 Dupont Circle Owner: BEC SD, LLC Applicant: Mark Kidwell - Commonwealth Sign Co. Jurisdiction: City of St. Matthews Council District: 26 - Brent Ackerson Case Manager: Zach Schwager, Planner I A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 19-VARIANCE-0006, Variance from City of St. Matthews Development Code Section 11.D.2.c to allow an attached sign in the C-1 Zoning District to exceed a height of 25 feet above the ground, be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Howard, Turner, Leanhart, Young, and Fishman Absent: 1- Jagoe 4. 19-VARIANCE-0007 Request: THIS CASE IS BEING CONTINUED Variance to allow a fence in the front and street side yards to exceed 48 inches in height Project Name: Arroyo Trail Variance Location: 4710 Arroyo Trail Owner: Terry L. Henderson Applicant: Terry L. Henderson Jurisdiction: Louisville Metro Council District: 13 - Mark Fox Case Manager: Zach Schwager, Planner I A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 19-VARIANCE-0007 be CONTINUED to the September 23, 2019 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 6- Buttorff, Howard, Turner, Leanhart, Young, and Fishman Absent: 1- Jagoe Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary August 19, 2019 5. 19-VARIANCE-0009 Request: Variance to allow a fence in the street side yard to exceed 48 inches in height Project Name: Melda Lane Variance Location: 3910 Melda Lane Owners: Willie & Glenna Steele Applicant: Sammie Taylor - Taylor Fencing Jurisdiction: Louisville Metro Council District: 2 - Barbara Shanklin Case Manager: Zach Schwager, Planner I A motion was made by Board Member Turner, seconded by Board Member Fishman, that Case Number 19-VARIANCE-0009, Variance from Land Development Code Section 4.4.3.A.1.a.i to allow a fence in the street side yard in a Neighborhood Form District to exceed 48 inches in height, be APPROVED. The motion carried by the following vote: Yes: 5- Howard, Turner, Leanhart, Young, and Fishman No: 1- Buttorff Absent: 1- Jagoe 6. 19-VARIANCE-0011 Request: Variance to allow a proposed structure to encroach into the required side yard setback Project Name: E. Brandeis Avenue Variance Location: 405 E. Brandeis Avenue Owner: Karen Stewart Applicant: Karen Stewart Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Zach Schwager, Planner I A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 19-VARIANCE-0011, Variance from Land Development Code Section 5.1.10.F 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 western 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. The motion carried by the following vote: Yes: 6- Buttorff, Howard, Turner, Leanhart, Young, and Fishman Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary August 19, 2019 Absent: 1- Jagoe 7. 19-CUP-0027 Request: Conditional Use Permit for Private Institutional Use in a Single-Family Residential Zoning District with Waiver Project Name: Life Apostolic Church of Louisville Location: 7731 St Andrews Church Road Owner: Riverport Community Church Applicant: Cornerstone Community Church Owner: Heritage Engineering LLC Jurisdiction: Louisville Metro Council District: 14 - Cindi Fowler Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Fishman, that Case Number 19-CUP-0027, Conditional Use Permit for Private Institutional Use in a Single Family Residential Zoning District (LDC 4.2.65), with RELIEF from CUP requirement to accommodate existing development located less than 30 feet from the southern property line adjacent to an existing residential use (LDC 4.2.65.A), be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Howard, Turner, Leanhart, Young, and Fishman Absent: 1- Jagoe A motion was made by Board Member Howard, seconded by Board Member Fishman, that Case Number 19-CUP-0027, Waiver to permit the principal building entrance to be located internal to the site (LDC 5.5.2.A.1), be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Howard, Turner, Leanhart, Young, and Fishman Absent: 1- Jagoe Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary August 19, 2019 8. 19CUP1060 Request: Conditional Use Permit for short term rental of a dwelling unit not the primary residence of the host Project Name: Fernwood Short Term Rental Location: 1722 Fernwood Avenue Owner/Applicant/Host: Scott Bailey Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Leanhart, that Case Number 19CUP1060, 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, with RELIEF from Standard 4D because the property is the primary residence and it is located at the very edge of the 600 foot buffer, and SUBJECT to the following Condition of Approval: Condition of Approval: 1. Occupancy of the dwelling unit shall be limited to no more than two adult guests. The motion carried by the following vote: Yes: 6- Buttorff, Howard, Turner, Leanhart, Young, and Fishman Absent: 1- Jagoe 9. 18CUP1198 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: Fulton Short Term Rental Location: 1137 Mulberry Street Owner: Katy Fulton, LLC Representative: John C. Talbott 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 Turner, that Case Number 18CUP1198, 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: 6- Buttorff, Howard, Turner, Leanhart, Young, and Fishman Absent: 1- Jagoe Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary August 19, 2019 10. 18CUP1201 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: 1509 Texas Avenue Owner/Applicant: Katy Ashford II, LLC Representative: John C. Talbott Jurisdiction: Louisville Metro Council District: 10- Pat Mulvihill Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Buttorff, seconded by Board Member Fishman, that Case Number 18CUP1201, Conditional Use Permit to allow short term rental of a 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: 6- Buttorff, Howard, Turner, Leanhart, Young, and Fishman Absent: 1- Jagoe 11. 18CUP1202 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: 1535 Texas Avenue Owner/Applicant: Carrico, LLC Representative: John C. Talbott Jurisdiction: Louisville Metro Council District: 10- Pat Mulvihill Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 18CUP1202, Conditional Use Permit to allow short term rental of a 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 FAILED by the following vote: Yes: 1- Fishman No: 4- Buttorff, Turner, Leanhart, and Young Absent: 1- Jagoe Abstain: 1- Howard A motion was made by Board Member Buttorff, seconded by Board Member Leanhart, that Case Number 18CUP1202, Conditional Use Permit to allow short term rental of a dwelling that is not the primary residence of the host in an R-5 Zoning District and Traditional Neighborhood Form District, be DENIED. The motion carried by the following vote: Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary August 19, 2019 Yes: 4- Buttorff, Turner, Leanhart, and Young No: 1- Fishman Absent: 1- Jagoe Abstain: 1- Howard 12. 18CUP1203 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: 1530 Texas Avenue Owner: Jason Carrico Representative: John C. Talbott 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 Fishman, that Case Number 18CUP1203, Conditional Use Permit to allow short term rental of a 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 failed by the following vote: Yes: 2- Leanhart, and Fishman No: 3- Buttorff, Turner, and Young Absent: 1- Jagoe Abstain: 1- Howard A motion was made by Board Member Buttorff, seconded by Board Member Turner, that Case Number 18CUP1203, Conditional Use Permit to allow short term rental of a dwelling that is not the primary residence of the host in an R-5 Zoning District and Traditional Neighborhood Form District, be DENIED. The motion carried by the following vote: Yes: 3- Buttorff, Turner, and Young No: 2- Leanhart, and Fishman Absent: 1- Jagoe Abstain: 1- Howard Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary August 19, 2019 13. 19CUP1093 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: Eleanor Ave Short Term rental Location: 3010 Eleanor Ave Owner/Applicant: Kristin Crinot - Mago PropertiesLLC Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Jay Luckett, AICP, Planner I A motion was made by Board Member Fishman, seconded by Board Member Leanhart, that Case Number 19CUP1093, 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 Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Leanhart, Young, and Fishman Absent: 2- Jagoe, and Turner 14. 19CUP1084 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: Show Short Term Rental Location: 619 Barret Avenue Owner: Michael Show Applicant: Brandon Perkins 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 Howard, seconded by Board Member Fishman, that Case Number 19CUP1084, 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 because the site is not in a strict residential neighborhood; it is instead in a mixed land use area with EZ-1 Zoning directly across the street, there is M-2 Zoning and Commercial Zoning; the home itself is in an R-6 Zoning District which also allows multi-family housing. The motion carried by the following vote: Yes: 3- Howard, Leanhart, and Fishman No: 2- Buttorff, and Young Absent: 2- Jagoe, and Turner Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary August 19, 2019 15. 19-CUP-0013 Request: Conditional Use Permit for short term rental of a dwelling unit not the primary residence of the host Project Name: Bonnycastle Short Term Rental Location: 2038 Bonnycastle Avenue Owner: Tricia Lister, Fletcher Curry Applicant: NYC Monthly Rentals LLC Host: Michael Hogan Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Buttorff, seconded by Board Member Leanhart, that Case Number 19-CUP-0013, 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: 5- Buttorff, Howard, Leanhart, Young, and Fishman Absent: 2- Jagoe, and Turner 16. 19-CUP-0015 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: 1550 Frankfort Avenue Owner/Applicant: Zack Pennington Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander 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-CUP-0015, Conditional Use Permit to allow short term rental of a dwelling that is not the primary residence of the host in an R-7 Zoning District and Traditional Marketplace Corridor Form District, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Leanhart, Young, and Fishman Absent: 2- Jagoe, and Turner Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary August 19, 2019 17. 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 Fishman, seconded by Board Member Buttorff, that Case Number 19CUP1028 be CONTINUED to the September 9, 2019 Board of Zoning Adjustment Special Meeting (beginning at 9:00 a.m.). The motion carried by the following vote: Yes: 5- Buttorff, Howard, Leanhart, Young, and Fishman Absent: 2- Jagoe, and Turner 18. 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 Fishman, seconded by Board Member Howard, that Case Number 19CUP1038 be CONTINUED to the September 9, 2019 Board of Zoning Adjustment Special Meeting (beginning at 9:00 a.m.). The motion carried by the following vote: Yes: 5- Buttorff, Howard, Leanhart, Young, and Fishman Absent: 2- Jagoe, and Turner Louisville Metro Government Page 10 Board of Zoning Adjustment Action Summary August 19, 2019 19. 19CUP1018 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 Fishman, seconded by Board Member Buttorff, that Case Number 19CUP1018 be CONTINUED to the September 9, 2019 Board of Zoning Adjustment Special Meeting (beginning at 9:00 a.m.). The motion carried by the following vote: Yes: 5- Buttorff, Howard, Leanhart, Young, and Fishman Absent: 2- Jagoe, and Turner Adjournment Louisville Metro Government Page 11