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 23, 2019 1:00 PM Old Jail Auditorium Call To Order Present: 5- Board Member LiAndrea Goatley, Board Member Richard Buttorff, Board Member Kim Leanhart, Board Member Lester Turner Jr., and Board Member Lula Howard Absent: 1- Board Member Lindsey Jagoe Approval Of Minutes 1. BOZA_Minutes_09.09.19_Special Approval of the Minutes from the September 9, 2019 Board of Zoning Adjustment Special meeting. A motion was made by Board Member Turner, seconded by Board Member Buttorff, that the Minutes from the September 9, 2019 Board of Zoning Adjustment Special Meeting be APPROVED, with clerical corrections submitted by Chair Howard. The motion carried by the following vote: Yes: 5- Goatley, Buttorff, Leanhart, Turner, and Howard Absent: 1- Jagoe 2. BOZA_Minutes_09.09.19_Regular Approval of the Minutes from the September 9, 2019 Board of Zoning Adjustment Regular meeting. A motion was made by Board Member Turner, seconded by Board Member Buttorff, that the Minutes from the September 9, 2019 Board of Zoning Adjustment Regular Meeting be APPROVED, with clerical corrections submitted by Chair Howard. The motion carried by the following vote: Yes: 5- Goatley, Buttorff, Leanhart, Turner, and Howard Absent: 1- Jagoe Business Session Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary September 23, 2019 3. 19-CUP-0030 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: 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 The Board of Zoning Adjustment, by general consensus, in Case Number 19-CUP-0030 agreed to DENY the reconsideration request. Therefore, no vote or action was taken. Public Hearing 4. 19CUP1018 Request: Reconsideration of a 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 Leanhart, seconded by Board Member Buttorff, that Case Number 19CUP1018, 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- Goatley, Buttorff, Leanhart, Turner, and Howard Absent: 1- Jagoe Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary September 23, 2019 5. 19CUP1028 Request: Reconsideration of a 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 Leanhart, seconded by Board Member Buttorff, 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 APPROVED, with RELIEF from Standard 4D, and SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. The maximum number of guests permitted in the short term rental shall be limited to six (6). 2. Parking in the rear of the property shall be code compliant. 3. The properties at 932 E. Oak Street and 934 E. Oak Street shall not be rented by the same guests at the same time. The motion carried by the following vote: Yes: 5- Goatley, Buttorff, Leanhart, Turner, and Howard Absent: 1- Jagoe 6. 19-CUP-0052 Request: THIS CASE IS BEING CONTINUED TO 10/21/19 Conditional Use Permit for a short-term rental of a dwelling unit that is not the primary residence of the owner/host Project Name: Higgins Short Term Rental Location: 1036 Lampton Street Owner/Applicant: Shannon Higgins, LLC Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Buttorff, seconded by Board Member Leanhart, that Case Number 19-CUP-0052 be CONTINUED to the October 21, 2019 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 5- Goatley, Buttorff, Leanhart, Turner, and Howard Absent: 1- Jagoe Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary September 23, 2019 7. 19-CUP-0060 Request: THIS CASE IS BEING CONTINUED TO 10/21/19 Conditional use permit to allow a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Cannonside Drive Short Term Rental Location: 804 Cannonside Drive Owner: Anthony Clemons Applicant: Michael Eisenberg - Furnished Habitat LLC Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Zach Schwager, Planner I A motion was made by Board Member Buttorff, seconded by Board Member Leanhart, that Case Number 19-CUP-0060 be CONTINUED to the October 21, 2019 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 5- Goatley, Buttorff, Leanhart, Turner, and Howard Absent: 1- Jagoe 8. 19-VARIANCE-0026 Request: Variance to allow a principal structure to encroach into the required side yard setbacks. Project Name: Klemenz Caldwell Variance Location: 1023 E. Caldwell St. Owner: David Klemenz, C & D Construction, LLC Applicant: David Klemenz, C & D Construction, LLC Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 19-VARIANCE-0026, Variance from Land Development Code Table 5.2.2 to allow a principal structure to encroach into the required side yard setbacks, be APPROVED. The motion carried by the following vote: Yes: 5- Goatley, Buttorff, Leanhart, Turner, and Howard Absent: 1- Jagoe Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary September 23, 2019 9. 19VARIANCE1050 Request: Variance to allow a proposed warehouse to encroach into a protected waterway buffer Project Name: Meineke Location: 4170 Bardstown Rd Owner: Bryan Brown, Bycar Investments LLC Representative: Bryan Brown, Bycar Investments LLC Jurisdiction: Louisville Metro Council District: 2 - Barbara Shanklin Case Manager: Lacey Gabbard, AICP, Planner I A motion was made by Board Member Turner, seconded by Board Member Goatley, that Case Number 19VARIANCE1050, Variance from Land Development Code Section 4.8 and Table 4.8.1 to allow the proposed warehouse building to be located within the 100 foot protected waterway buffer, be APPROVED. The motion carried by the following vote: Yes: 5- Goatley, Buttorff, Leanhart, Turner, and Howard Absent: 1- Jagoe 10. 19-VARIANCE-0021 Request: Variance to allow a fence in the street side yard to exceed 48 inches in height Project Name: Six Mile Lane Variance Location: 5917 Six Mile Lane Owner: The Majka Living Trust Applicant: Bob Taylor Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Zach Schwager, Planner I A motion was made by Board Member Turner, seconded by Board Member Goatley, that Case Number 19-VARIANCE-0021, 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- Goatley, Buttorff, Leanhart, Turner, and Howard Absent: 1- Jagoe Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary September 23, 2019 11. 19-VARIANCE-0023 Request: Variance to allow a parking area to encroach into the required side yard setback adjacent to a residential zoning district and waivers to allow pavement and proposed detention basin to encroach into the required Landscape Buffer Area and an Interior Landscape Area to overlap the Landscape Buffer Area Project Name: New Cut Road Variance and Waivers Location: 5868 New Cut Road Owner: ACT Development Inc. Applicant: Derek Triplett - Land Design & Development, Inc. Jurisdiction: Louisville Metro Council District: 13 - Mark Fox Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19-VARIANCE-0023, Variance from Land Development Code Section 5.3.3.C.2.b to allow a parking area to encroach into the required side yard setback adjacent to a residential zoning district, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. The applicant shall provide a boundary survey to Planning and Design staff prior to the issuance of building permits in order to show the legal boundaries of the lot. If the survey shows a different location of the property line from the plan provided in this staff report, the applicant shall either revise the development plan or seek a modification of the variance. The motion carried by the following vote: Yes: 5- Goatley, Buttorff, Leanhart, Turner, and Howard Absent: 1- Jagoe A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19-VARIANCE-0023, Waiver from Land Development Code Section 10.2.4 to allow pavement and proposed detention basin to encroach into the required Landscape Buffer Area, be APPROVED. The motion carried by the following vote: Yes: 5- Goatley, Buttorff, Leanhart, Turner, and Howard Absent: 1- Jagoe Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary September 23, 2019 12. 19-VARIANCE-0027 Request: Variance to allow a principal structure to encroach into the required side yard setbacks. Project Name: 1015 E. Caldwell Variance Location: 1015 E. Caldwell Street Owner: James Ryan Brown Applicant: James Ryan Brown Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 19-VARIANCE-0027, Variance from Land Development Code Table 5.2.2 to allow a principal structure to encroach into the required side yard setbacks, be APPROVED. The motion carried by the following vote: Yes: 5- Goatley, Buttorff, Leanhart, Turner, and Howard Absent: 1- Jagoe 13. 19-VARIANCE-0007 Request: Variance to allow a fence in the street side yard 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 Leanhart, seconded by Board Member Goatley, that Case Number 19-VARIANCE-0007, 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 DENIED. The motion carried by the following vote: Yes: 4- Goatley, Buttorff, Leanhart, and Turner Absent: 1- Jagoe Abstain: 1- Howard Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary September 23, 2019 14. 19-NONCONFORM-0007 Request: Change in nonconforming use from doctor’s office to Office, Professional and Business. Project Name: Preston Hwy. Change in Nonconformance Location: 3803 Preston Hwy. Owner: Steven Smith Applicant: Steven Smith Jurisdiction: Louisville Metro Council District: 10 - Patrick Mulvihill Case Manager: Zach Schwager, Planner I A motion was made by Board Member Buttorff, seconded by Board Member Leanhart, that Case Number 19-NONCONFORM-0007, Change in nonconforming use from Doctor's Office to Office, Professional and Business, be APPROVED. The Board further finds that the change in nonconformance is the same or more restrictive classification than the current nonconforming use, and that the change in nonconformance will be no more odious or offensive to surrounding properties than the current nonconforming use. The motion carried by the following vote: Yes: 5- Goatley, Buttorff, Leanhart, Turner, and Howard Absent: 1- Jagoe 15. 19-CUP-0029 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: 1028 S 5th Street Owner/Applicant: Greg and Cassi Luka Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Lacey Gabbard, AICP, Planner I A motion was made by Board Member Turner, seconded by Board Member Leanhart, that Case Number 19-CUP-0029, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner/host in the TNZD and Traditional Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 4- Goatley, Buttorff, Leanhart, and Turner No: 1- Howard Absent: 1- Jagoe Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary September 23, 2019 16. 19-CUP-0064 Request: Conditional Use Permit for short-term rental of a dwelling unit located in the TNZD Project Name: S. Floyd Short Term Rental Location: 1144 S. Floyd Owner/Applicant/Host: Julia Pave Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Turner, seconded by Board Member Goatley, that Case Number 19-CUP-0064, Conditional Use Permit to allow short term rental of a dwelling unit located within 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 applicant must improve the existing gravel parking area, using a method that creates a hard and durable surface which meets LDC requirements. If gravel is used, it must be installed using a construction method sufficient to prevent the gravel from migrating onto the adjoining alley surface. The applicant must obtain approval of the completed work from Planning & Design staff before use of the property for short-term rentals. The motion carried by the following vote: Yes: 4- Goatley, Leanhart, Turner, and Howard No: 1- Buttorff Absent: 1- Jagoe Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary September 23, 2019 17. 19-CUP-0058 Request: Conditional Use Permit for short-term rental of a dwelling unit not the primary residence of the host Project Name: Glenmary Short Term Rental Location: 2409 Glenmary Avenue, Unit 1 Owner/Applicant: Michael Storm Host: Luann Davis Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Goatley, seconded by Board Member Buttorff, that Case Number 19-CUP-0058, 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, SUBJECT to the following Condition of Approval: Condition of Approval: 1. The subject CUP for short-term rentals shall apply only to the dwelling unit located on the first floor at 2409 Glenmary Avenue. A modification of the CUP shall be required before short-term rentals can be operated in the second floor unit, whether instead of or in addition to the first floor unit. The motion carried by the following vote: Yes: 5- Goatley, Buttorff, Leanhart, Turner, and Howard Absent: 1- Jagoe Louisville Metro Government Page 10 Board of Zoning Adjustment Action Summary September 23, 2019 18. 19-CUP-0059 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: 122 West Garrett Street Owner/Applicant: Jonathan B. Cayot 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 Goatley, that Case Number 19-CUP-0059, 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, SUBJECT to the following Condition of Approval: Condition of Approval: 1. Prior to the commencement of short term rentals, the property shall be inspected by Develop Louisville Staff to determine whether or not the bedrooms in the basement meet all necessary occupancy requirements. If not, the basement cannot be used for sleeping purposes. The motion carried by the following vote: Yes: 5- Goatley, Buttorff, Leanhart, Turner, and Howard Absent: 1- Jagoe 19. 18CUP1120 Request: Conditional Use Permit for a private institutional use Project Name: Chabad of Prospect Location: 6900 Transylvania Avenue Owner: Chabad of Prospect, Inc. Representative: Boruch Susman Jurisdiction: Louisville Metro Council District: 16 - Scott Reed 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 18CUP1120, Conditional Use Permit to allow a private institution, be DENIED. The motion carried by the following vote: Yes: 3- Buttorff, Turner, and Howard No: 1- Goatley Absent: 1- Jagoe Abstain: 1- Leanhart Louisville Metro Government Page 11 Board of Zoning Adjustment Action Summary September 23, 2019 20. 18CUP1116 Request: THIS CASE WILL NOT BE HEARD BEFORE 4:00 P.M. Conditional use permit for private institutional use with variance and landscape waivers Project Name: Indian Trail Prayer Hall Location: 4804 E. Indian Trail Owner: LAICC, Inc. Applicant: LAICC, Inc. Jurisdiction: Louisville Metro Council District: 2 - Barbara Shanklin Case Manager: Joel Dock, AICP, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 18CUP1116, Conditional Use Permit for private institutional use in a single-family zoning district (4.2.65), be APPROVED, with RELIEF from Standards 4A and 4C, 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 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 private institution until further review and approval by the Board. 3. Prior to the issuance of a building permit, a 10’ sidewalk easement in a form acceptable to the Planning Commission legal counsel shall be created between the adjoining property owners and recorded. A copy of the recorded instrument shall be submitted to the Division of Planning and Design Services 4. A 15’ LBA having 1 Type ‘A’ tree every 50’ and a 6’ continuous screen shall be provided along the north and east property lines. The motion carried by the following vote: Yes: 5- Goatley, Buttorff, Leanhart, Turner, and Howard Absent: 1- Jagoe A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 18CUP1116, Waiver from Land Development Code Section 10.2.4 to reduce the 35' Landscape Buffer Area (LBA) along the east and north property lines to 15', be APPROVED. The motion carried by the following vote: Yes: 5- Goatley, Buttorff, Leanhart, Turner, and Howard Absent: 1- Jagoe Louisville Metro Government Page 12 Board of Zoning Adjustment Action Summary September 23, 2019 A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 18CUP1116, Variance from Land Development Code Section 5.3.2 to allow the proposed structure to be setback greater than 80' in the front yard along Unseld Boulevard and be variable as shown on the development plan, be APPROVED. The motion carried by the following vote: Yes: 5- Goatley, Buttorff, Leanhart, Turner, and Howard Absent: 1- Jagoe Other Business 21. BOZA_By-laws Review of proposed revisions to BOZA By-laws Chris French, Planning & Design Supervisor, and the Board Members discussed proposed changes to the BOZA By-laws, specifically regarding Reconsiderations. Mr. French stated this item would be listed on the October 7, 2019 agenda for a vote by the Board Members. Emily Liu, Planning & Design Director, stated staff was considering October 28, 2019 for scheduling another Special Meeting of the Board of Zoning Adjustment. Staff and Board Members discussed. Adjournment Louisville Metro Government Page 13