Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, October 21, 2019 1:00 PM Old Jail Auditorium Call To Order Present: 5- Board Member Richard Buttorff, Board Member LiAndrea Goatley, 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_10.07.19 Approval of the Minutes from the October 7, 2019 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Leanhart, that the Minutes from the October 7, 2019 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe Abstain: 1- Buttorff Public Hearing 2. 19-CUP-0052 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: 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 Goatley, seconded by Board Member Turner, that Case Number 19-CUP-0052, 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, SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 3- Goatley, Turner, and Howard No: 2- Buttorff, and Leanhart Absent: 1- Jagoe Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary October 21, 2019 3. 19-CUP-0060 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: 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, 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 Conditions of Approval. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe 4. 19VARIANCE1059 Request: Variances to allow an existing deck to encroach into the required side yard setback and to allow an existing fence to exceed 8 ft. in height in a side yard setback Project Name: John Paul Lane Variance Location: 6906 John Paul Lane Owner/Applicant: Nina Njezic & Adnan Skenderovic Jurisdiction: Louisville Metro Council District: 23 - James Peden Case Manager: Zach Schwager, Planner I A motion was made by Board Member Buttorff, seconded by Board Member Goatley, that Case Number 19VARIANCE1059 be CONTINUED to a date uncertain. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary October 21, 2019 5. 19-VARIANCE-0018 Request: Variances to allow a private yard area to be less than the required 30% of the area of a lot and to allow the accessory structure/use area to exceed 60 feet in depth Project Name: S. 3rd Street Variance Location: 4704 S. 3rd Street Owner: Vicky Saling Applicant: Charles Podgursky 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 Goatley, that Case Number 19-VARIANCE-0018 be APPROVED. The motion failed by the following vote: Yes: 2- Goatley, and Turner No: 3- Buttorff, Leanhart, and Howard Absent: 1- Jagoe 6. 19-VARIANCE-0035 Request: Variance for dumpster enclosure to encroach into setback Project Name: First Watch Middletown Location: 12913 Shelbyville Road Owner/Applicant: John Paselsky, OHP Middletown KY LLC Representative: Petey Cunningham, Holland Development LLC Jurisdiction: Middletown Council District: 19 - Anthony Piagentini Case Manager: Lacey Gabbard, AICP, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19-VARIANCE-0035, Variance from Land Development Code Section 5.3.2.C.2.b to allow a proposed dumpster enclosure to be located within the 25 foot required setback area along the west property line, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary October 21, 2019 7. 19-VARIANCE-0036 Request: Variance for street side and side yard setbacks for an addition on the rear of an existing structure Project Name: Mulberry Street Variance Location: 842 Mulberry Street Owner: Kimberly Curran Applicant: Anne Del Prince - Del Prince Designs, 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 Goatley, that Case Number 19-VARIANCE-0036, Variance from Land Development Code Table 5.2.2 to allow a structure to encroach into the required side yard setback, and Variance from Land Development Code Table 5.2.2 to allow a structure to encroach into the required street side yard setback, be APPROVED, SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe 8. 19-VARIANCE-0037 Request: Variance from the Land Development Code to allow a fence greater than 4 ft. to be located in the street side yard. Project Name: Dominion Variance Location: 6000 Hunting Road Owner/Applicant/Host: Dominion Louisville, LLC Jurisdiction: Louisville Metro Council District: 16 - Scott Reed Case Manager: Jon Crumbie, Planning & Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19-VARIANCE-0037, Variance from Land Development Code Section 4.4.3 to allow a fence greater than 4 feet to be located in the front yard and greater than 8 feet to be located in the side yard, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary October 21, 2019 9. 19-VARIANCE-0038 Request: Variance for a deck to encroach into the street side yard setback Project Name: Colonial Drive Variance Location: 201 Colonial Drive Owner/Applicant: Dale Dueffert Jurisdiction: City of St. Matthews Council District: 9 - Bill Hollander Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 19-VARIANCE-0038, Variance from City of St. Matthews Development Code Section 4.7.C.2.c to allow a structure to encroach into the required street side yard setback, be APPROVED, SUBJECT to Condition of Approval. The motion carried by the following vote: Yes: 4- Goatley, Leanhart, Turner, and Howard No: 1- Buttorff Absent: 1- Jagoe 10. 19-VARIANCE-0039 Request: Variance to allow a fence in the street side yard to exceed 48 inches in height Project Name: E. Manslick Road Variance Location: 6510 E. Manslick Road Owner/Applicant: Yenny Estrada Jurisdiction: Louisville Metro Council District: 23 - James Peden Case Manager: Zach Schwager, Planner I A motion was made by Board Member Buttorff, seconded by Board Member Leanhart, that Case Number 19-VARIANCE-0039 be DENIED. The motion failed by the following vote: Yes: 2- Buttorff, and Leanhart No: 3- Goatley, Turner, and Howard Absent: 1- Jagoe A motion was made by Board Member Goatley, seconded by Board Member Turner, that Case Number 19-VARIANCE-0039 be CONTINUED to a date uncertain. The motion carried by the following vote: Yes: 3- Goatley, Turner, and Howard No: 2- Buttorff, and Leanhart Absent: 1- Jagoe Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary October 21, 2019 11. 19-VARIANCE-0040 Request: Variance to allow a detached garage to encroach into the front yard setback on a double frontage lot Project Name: Wickfield Drive Variance Location: 702 Wickfield Drive Owner/Applicant: Mary & David Barker 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 Goatley, that Case Number 19-VARIANCE-0040, Variance from Land Development Code Table 5.3.1 and Section 5.4.2.C.2 to allow a detached garage to encroach into the front yard setback on a double frontage lot, be APPROVED, SUBJECT to Condition of Approval. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe 12. 19CUP1036 Request: Conditional Use Permit for a private proprietary club with waivers in a (RR) zoning district. Project Name: The Stables at Floyds Fork Location: 10503 ½ Bardstown Bluff Road Owner: Stephanie L. Perri Applicants: Stephanie Perri & Carin Veech Jurisdiction: Louisville Metro Council District: 20-Stuart Benson Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Goatley, seconded by Board Member Buttorff, that Case Number 19CUP1036, Conditional Use Permit for Private Proprietary Club (LDC 4.2.44), be APPROVED, SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 3- Buttorff, Goatley, and Howard Absent: 2- Jagoe, and Leanhart Abstain: 1- Turner A motion was made by Board Member Goatley, seconded by Board Member Buttorff, that Case Number 19CUP1036, Waiver of the requirement to provide a sidewalk along the property frontage (LDC 6.2.6), be APPROVED. The motion carried by the following vote: Yes: 3- Buttorff, Goatley, and Howard Absent: 2- Jagoe, and Leanhart Abstain: 1- Turner Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary October 21, 2019 13. 19-CUP-0050 Request: Conditional Use Permit for a Private Non-Profit Club Project Name: Hale Avenue Private Non-Profit Club Location: 3835 Hale Avenue Owner/Applicant: Elmer Lucille Allen Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Turner, seconded by Board Member Leanhart, that Case Number 19-CUP-0050, Conditional Use Permit for a Private Non-Profit Club (LDC 4.2.43), be APPROVED, SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe 14. 19-CUP-0066 Request: Conditional Use Permit for short-term rental of a dwelling unit not the primary residence of the host Project Name: Barbee Short Term Rental Location: 711 N. Barbee Way Owner/Applicant/Host: DB Rentals LLC Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 19-CUP-0066, 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: 3- Buttorff, Goatley, and Turner No: 2- Leanhart, and Howard Absent: 1- Jagoe Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary October 21, 2019 15. 19-CUP-0067 Request: Conditional Use Permit for short-term rental of a dwelling unit not the primary residence of the host Project Name: Beckman Short Term Rental Location: 618 E. Brandeis Ave. Owner/Applicant/Host: ABK Properties, LLC Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Jon Crumbie, Planning & Design Coordinator A motion was made by Board Member Goatley, seconded by Board Member Buttorff, that Case Number 19-CUP-0067, 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, SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 4- Buttorff, Goatley, Leanhart, and Howard Absent: 2- Jagoe, and Turner 16. 19-CUP-0078 Request: Conditional Use Permit for an accessory apartment in a R-5 zoning district. Project Name: Accessory Apartment Location: 510 Auburndale Avenue Owners Andrew & Rachel Perkins Applicant: Andrew Perkins Jurisdiction: Louisville Metro Council District: 21- Nicole George 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-0078, Conditional Use Permit to allow an accessory apartment in an R-5 Zoning District and Traditional Neighborhood Form District, be APPROVED, SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 4- Buttorff, Goatley, Leanhart, and Howard Absent: 2- Jagoe, and Turner Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary October 21, 2019 17. 19-CUP-0082 Request: Conditional Use Permit for short-term rental of a dwelling unit not the primary residence of the host Project Name: Skeen Short Term Rental Location: 4559 South 3rd Street Owner/Applicant/Host: Luke and Katie Skeen Jurisdiction: Louisville Metro Council District: 21 - Nicole George Case Manager: Jon Crumbie, Planning & Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19-CUP-0082, 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: 4- Buttorff, Goatley, Leanhart, and Howard Absent: 2- Jagoe, and Turner 18. 19-CUP-0103 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: 1104 South Brook Street Owner/Applicant: Matthew Kustes 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 Goatley, that Case Number 19-CUP-0103, Conditional Use Permit to allow short term rental of the first floor dwelling unit of a duplex that is not the primary residence of the host in a TNZD Zoning District and Traditional Neighborhood Form District, be APPROVED, SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 4- Buttorff, Goatley, Leanhart, and Howard Absent: 2- Jagoe, and Turner Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary October 21, 2019 19. 19-CUP-0104 Request: Conditional Use Permit for short-term rental of a dwelling unit not the primary residence of the host Project Name: Payne Short Term Rental Location: 1222 Payne Street Owner/Applicant: 360 Properties LLC Host: Key Source Properties LLC Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Buttorff, seconded by Board Member Goatley, that Case Number 19-CUP-0104, 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: 4- Buttorff, Goatley, Leanhart, and Howard Absent: 2- Jagoe, and Turner 20. 19-CUP-0106 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: 546 Rawlings Street Owners: Sally & Christopher Miller Applicant: Christopher Miller 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-0106, Conditional Use Permit to allow short term rental of a dwelling unit 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: 4- Buttorff, Goatley, Leanhart, and Howard Absent: 2- Jagoe, and Turner Louisville Metro Government Page 10 Board of Zoning Adjustment Action Summary October 21, 2019 21. 19-CUP-0107 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: 1010 East St. Catherine Street Owner/Applicant: Christina Clinton Jurisdiction: Louisville Metro Council District: 4- Barbara Sexton Smith Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Goatley, seconded by Board Member Leanhart, that Case Number 19-CUP-0107, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host in an R-6 Zoning District and Traditional Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 4- Buttorff, Goatley, Leanhart, and Howard Absent: 2- Jagoe, and Turner 22. 19-CUP-0108 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: 716 Clark Station Road Owner/Applicant: Blue Heaven Inc by Sonya Gugliotta Jurisdiction: Louisville Metro Council District: 19 - Anthony Piagentini Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Buttorff, seconded by Board Member Goatley, that Case Number 19-CUP-0108, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host in an R-4 Zoning District and Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 4- Buttorff, Goatley, Leanhart, and Howard Absent: 2- Jagoe, and Turner Louisville Metro Government Page 11 Board of Zoning Adjustment Action Summary October 21, 2019 23. 19-CUP-0115 Request: Conditional Use Permit for short-term rental of a dwelling unit not the primary residence of the host Project Name: Estes Short Term Rental Location: 4212 Roosevelt Avenue Owner/Applicant/Host: Andrew C. Estes/Jonathan Klunk Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Jon Crumbie, Planning & Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19-CUP-0115, 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- Buttorff, Goatley, Leanhart, and Howard Absent: 2- Jagoe, and Turner Adjournment Louisville Metro Government Page 12