Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, September 9, 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 Kim Leanhart, and Board Member LiAndrea Goatley Absent: 1- Board Member Lindsey Jagoe Approval Of Minutes 1. BOZA_Minutes_08.19.19 Approval of the Minutes from the August 19, 2019 Board of Zoning Adjustment meeting. A motion was made by Board Member Buttorff, seconded by Board Member Leanhart, that the Minutes from the August 19, 2019 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Goatley Absent: 1- Jagoe Business Session 2. 18CUP1203 Request: RECONSIDERATION 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 The Board of Zoning Adjustment, by general consensus, in Case Number 18CUP1203 agreed to deny the Reconsideration Request. Therefore, no vote or action was taken. Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary September 9, 2019 3. 18CUP1202 Request: RECONSIDERATION 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 Buttorff, seconded by Board Member Turner, that Case Number 18CUP1202, Reconsideration Request, be APPROVED. This case will be scheduled for reconsideration at a future BOZA meeting. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Goatley Absent: 1- Jagoe 4. 18CUP1198 Request: RECONSIDERATION 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 Buttorff, seconded by Board Member Leanhart, that Case Number 18CUP1198, Reconsideration Request, be APPROVED. This case will be scheduled for reconsideration at a future BOZA meeting. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Goatley Absent: 1- Jagoe Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary September 9, 2019 5. 19-DDP-0026 Request: Abandonment of Conditional Use Permit Project Name: Honda World Location: 1 Autocenter Dr Owner/Applicant: TT of HD Louisville Representative: Mindel Scott and Associates Jurisdiction: Louisville Metro Council District: 18 - Marilyn Parker Case Manager: Jay Luckett, AICP, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 19-DDP-0026, Abandonment of a Conditional Use Permit for outdoor storage of tires, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Goatley Absent: 1- Jagoe Public Hearing 6. 19-CUP-0030 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: Brainard Short Term Rental Location: 1466 St. James Court Owner/Applicant: Benjamin Brainard 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 Turner, that Case Number 19-CUP-0030, Conditional Use Permit to allow short term rental of dwelling units that are not the primary residence of the owner/host in the TNZD and Traditional Neighborhood Form District, be DENIED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Goatley Absent: 1- Jagoe Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary September 9, 2019 7. 19-CUP-0038 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: Greene Short Term Rental Location: 940 Ash St Owner: Catherine Greene Representative: Catherine Greene Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Jay Luckett, AICP, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19-CUP-0038, 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. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Goatley Absent: 1- Jagoe 8. 19APPEAL1005 Request: Appeal of an Administrative Decision Project Name: James Road Appeal Location: 415 James Road Appellant: Mohammad Simo Hakani Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Chris French, AICP, Planning and Design Supervisor A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 19APPEAL1005, Appeal of an administrative decision made on May 16, 2019, to deny a nonconforming rights determination request for a duplex, be APPROVED. The Board further finds that the duplex was lawfully in existence on June 18, 1971 and has been continuously used as a duplex from June 18, 1971 to present. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Leanhart, and Goatley No: 1- Howard Absent: 1- Jagoe Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary September 9, 2019 9. 19-VARIANCE-0010 Request: Category 3 Development Plan and a Variance to exceed building height Project Name: 700 E Main Location: 700 E main St #101 Owner: Ryan Gaumeyer, BCTS Louisville, LLC Representative: Ryan Gaumeyer, BCTS Louisville, LLC Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Lacey Gabbard, AICP, Planner I A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 19-VARIANCE-0010, Variance from Land Development Code Section 5.2.3.D.3.e to allow the building to exceed the maximum height allowed, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Goatley Absent: 1- Jagoe A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 19-CAT3-0011, Category 3 Development Plan, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Goatley Absent: 1- Jagoe 10. 19-VARIANCE-0013 Request: Variance to allow a private yard area to be less than the required 20% of the area of a lot Project Name: S. Brook Street Variance Location: 1141 S. Brook Street Owner: Hollyhock Rentals, LLC Applicant: Benjamin Brainard Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 19-VARIANCE-0013, 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, Leanhart, and Goatley Absent: 1- Jagoe Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary September 9, 2019 11. 19-VARIANCE-0043 Request: Variance to exceed maximum front and street side setbacks and a waiver Project Name: Big Springs Country Club Location: 5901 Dutchmans Ln Owner: Big Springs Country Club Representative: Carman Site Jurisdiction: Louisville Metro Council District: 26 - Brent Ackerson Case Manager: Jay Luckett, AICP, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19-VARIANCE-0043, Variance from Section 5.5.1.C.5 and Table 5.3.2, to exceed the maximum 80 foot front yard setback by approximately 1145 feet and the maximum 80 foot street side yard setback by up to 1560 feet, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Goatley Absent: 1- Jagoe A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19-VARIANCE-0043 (19-WAIVER-0050), Waiver from Section 5.9.2.A.1.b.i to not provide a pedestrian connection to adjacent rights-of-way, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Goatley Absent: 1- Jagoe 12. 19CUP1091 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: Gallavin Short Term Rental Location: 1061 Mary Street Owner: 1061 MS Land Trust Representative: Eric Feller 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 Leanhart, seconded by Board Member Turner, that Case Number 19-CUP-1091, 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: 4- Howard, Turner, Leanhart, and Goatley No: 1- Buttorff Absent: 1- Jagoe Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary September 9, 2019 13. 19CUP1066 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: Gallavin Short Term Rental Location: 1619 Beechwood Avenue Owner: Wayne Gallavin Representative: Eric Feller 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 19-CUP-1066, 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-5B Zoning District and Traditional Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Goatley Absent: 1- Jagoe 14. 19CUP1092 Request: Conditional Use Permit for short-term rental of a dwelling unit not the primary residence of the host Project Name: Tyne Road Short Term Rental Location: 205 Tyne Road Owner: 205 TR Land Trust Applicant/Host: Eric Feller Jurisdiction: Louisville Metro Council District: 7 - Paula McCraney Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19CUP1092, 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, Leanhart, and Goatley Absent: 1- Jagoe Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary September 9, 2019 15. 19-CUP-0028 Request: Conditional Use Permit for a short term rental of one dwelling unit of a duplex that is not the primary residence of the host Project Name: Short Term Rental Location: 2468 Grinstead Drive #2 Owners/Applicants: Michael Auci & Dominick Auci Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Buttorff, seconded by Board Member Leanhart, that Case Number 19-CUP-0028, Conditional Use Permit to allow short term rental of one dwelling unit of a duplex that is not the primary residence of the host in an R-7 Zoning District and Traditional Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Goatley Absent: 1- Jagoe 16. 19-CUP-0040 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: 129 East Collins Court Owner/Applicant: Collins LLC., by Mike Pifer Representative: John C. Talbott Jurisdiction: Louisville Metro Council District: 15- Kevin Triplett Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19-CUP-0040, 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: 5- Buttorff, Howard, Turner, Leanhart, and Goatley Absent: 1- Jagoe Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary September 9, 2019 17. 19-CUP-0047 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: Kays Short Term Rental Location: 466 East Brandeis Avenue Owner: Wendy Kays Representative: Alexandria Bolton Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett 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 19-CUP-0047, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner/host in the R-6 Zoning District and Traditional Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Goatley Absent: 1- Jagoe 18. 19-CUP-0048 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: Chamberlain Short Term Rental Location: 1301 Larchmont Avenue Owner/Applicant: Lee Chamberlain Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19-CUP-0048, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner/host in the R-5 Zoning District and Traditional Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Goatley Absent: 1- Jagoe Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary September 9, 2019 19. 19-CUP-0051 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: 610 Myrtle Street Owner/Applicant: BNDF LLC., by Nancy Wilkinson Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 19-CUP-0051, Conditional Use Permit to allow short term rental of a dwelling that is not the primary residence of the host in a Traditional Neighborhood Zoning District, and Traditional Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 4- Howard, Turner, Leanhart, and Goatley Absent: 1- Jagoe Abstain: 1- Buttorff Adjournment Louisville Metro Government Page 10