Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, November 4, 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_10.28.19 Approval of the Minutes from the October 28, 2019 Board of Zoning Adjustment meeting. A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that the Minutes from the October 28, 2019 Board of Zoning Adjustment Special Meeting be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe Business Session 2. 2020_BOZA_Meeting_Schedule Approval of a change to the 2020 Board of Zoning Adjustment meeting schedule A motion was made by Board Member Buttorff, seconded by Board Member Goatley, that the 2020 Board of Zoning Adjustment meeting schedule be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary November 4, 2019 3. 19-VARIANCE-0044 Request: Variance to allow a private yard area to be less than the required 20% of the area of a lot Project Name: Stevens Avenue Variance Location: 1645 Stevens Avenue Owner: Jackie Green Applicant: Scott McGalliard Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19-VARIANCE-0044, 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, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe 4. 19-VARIANCE-0057 Request: Variance to allow a fence in the front and street side yards to exceed 42 inches in height Project Name: Douglass Boulevard Variance Location: 2100 Douglass Boulevard Owner/Applicant: Cara & James Baribeau Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Zach Schwager, Planner I A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 19-VARIANCE-0057, Variance from Land Development Code Section 4.4.3.A.1.a.i to allow a fence in the front yard in a Traditional Neighborhood Form District to exceed 42 inches in height, be APPROVED. 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 November 4, 2019 5. 19-MVARIANCE-0002 Request: Variance to allow parking to encroach into the front and rear yards Project Name: Kenlie Place Location: 4229 Taylorsville Rd Owner: Steve H. Scott, 4229 SMS, LLC Representative: Steve H. Scott, 4229 SMS, LLC Jurisdiction: Louisville Metro Council District: 18 - Marilyn Parker Case Manager: Lacey Gabbard, AICP, Planner I A motion was made by Board Member Turner, seconded by Board Member Goatley, that Case Number 19-MVARIANCE-0002, Modified Variance from Land Development Code 5.3.1.D.1.b and 5.3.1.D.1.c to allow parking to encroach into the front and rear yards, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe 6. 19-CUP-0118 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: Concord Drive Short Term Rental Location: 2501 Concord Drive Owner/Applicant: Wayne M. Adams Jr. Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett 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-0118, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner in an R-5 Zoning District and Traditional Neighborhood Form District, 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 November 4, 2019 7. 19-CUP-0128 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: Zinno Short Term Rental Location: 1844 Shady Lane Owner: Donald Zinno Representative: Chill House, LLC Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Buttorff that Case Number 19-CUP-0128 be DENIED. The motion FAILED for lack of a second. A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 19-CUP-0128, 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: 3- Goatley, Leanhart, and Turner No: 2- Buttorff, and Howard Absent: 1- Jagoe 8. 19-CUP-0130 Request: Conditional use permit to allow a short term rental of a dwelling unit that is not the primary residence of the owner/host Project Name: Ellison Avenue Short Term Rental Location: 1337 Ellison Avenue Owner/Applicant: Nathaniel & Kimberly Blair - Blair Capital, LLC Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19-CUP-0130, 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, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary November 4, 2019 9. 19-CUP-0136 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: Rogers Street Short Term Rental Location: 1211 Rogers Street Owner/Applicant: Brent Wesley Jurisdiction: Louisville Metro Council District: 4-Barbara Sexton Smith 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-0136, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner in an R-6 Zoning District and Traditional Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 3- Goatley, Leanhart, and Howard No: 2- Buttorff, and Turner Absent: 1- Jagoe 10. 19-CUP-0138 Request: Conditional Use Permit for a short term rental of a dwelling unit that is the primary residence of the owner/host Project Name: Brook Street Short Term Rental Location: 1404 South Brook Street Owner/Applicant: Amy King Jurisdiction: Louisville Metro Council District: 6-David James Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Goatley, seconded by Board Member Buttorff, that Case Number 19-CUP-0138, Conditional Use Permit to allow short term rental of a dwelling unit that is the primary residence of the owner in a Traditional Neighborhood Zoning District and Traditional Neighborhood Form District, be APPROVED, SUBJECT to a Condition of Approval. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary November 4, 2019 11. 19-CUP-0140 Request: Conditional use permit to allow a short term rental of a dwelling unit that is not the primary residence of the owner/host Project Name: Alta Avenue Short Term Rental Location: 2157 Alta Avenue Owner/Applicant: Penny Saeedi Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19-CUP-0140, Conditional Use Permit to allow short term rental of a duplex structure that is not the primary residence of the owner/host (LDC 4.2.63), be DENIED. The motion carried by the following vote: Yes: 4- Buttorff, Goatley, Leanhart, and Howard No: 1- Turner Absent: 1- Jagoe 12. 19-CUP-0141 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: Schweitzer Short Term Rental Location 1849 Yale Drive Owner: Nicholas Schweitzer Representative: Jonathan Klunk Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan 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 19-CUP-0141, 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 DENIED. The motion carried by the following vote: Yes: 4- Buttorff, Goatley, Leanhart, and Turner No: 1- Howard Absent: 1- Jagoe Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary November 4, 2019 13. 19-CUP-0142 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: King Short Term Rental Location: 120 West Ashland Avenue Owner: Dustin King Representative: Jonathan Klunk Jurisdiction: Louisville Metro Council District: 21 - Nicole George Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Turner, seconded by Board Member Goatley, that Case Number 19-CUP-0142, 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: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe 14. 19-CUP-1131 Request: Modified Conditional Use Permit, Category 3 review, variance, and sidewalk waiver to allow an expansion of the existing use Project Name: Nazareth Home Campus expansion Location: 2002 - 2118 Payne Street Owner/Applicant: Nazareth Home, Inc. Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19CUP1131, Modified Conditional Use Permit to allow a new chapel, entrance, and parking, 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 A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19CUP1131, Category 3 Review, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19CUP1131 (19-VARIANCE-0014) Variance to allow encroachment into the required front yard, and (19-WAIVER-0047), Waiver to omit the required sidewalk along South Clifton Street, be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary November 4, 2019 Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe 15. 19-CUP-0159 Request: Conditional use permit for a private institutional use Project Name: St. Agnes Catholic School Location: 1800 Newburg Road Owner: Roman Catholic Bishop of Louisville Applicant: Karl Lentz - LJB Inc. Jurisdiction: Louisville Metro Council District: 8 and 10 - Brandon Coan and Pat Mulvihill Case Manager: Zach Schwager, Planner I A motion was made by Board Member Goatley, seconded by Board Member Leanhart, that Case Number 19-CUP-0159, Conditional Use Permit to allow a private institutional use in an R-1 Zoning District, 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 A motion was made by Board Member Goatley, seconded by Board Member Buttorff, that Case Number 19-CUP-0159 (19-WAIVER-0059), Waiver to not provide the required vehicular use area (VUA) Landscape Buffer Areas (LBA), be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe 16. 19CUP1037 Request: Conditional Use Permit for outdoor alcohol sales/consumption and indoor live entertainment for a restaurant in a C-1 District Project Name: Oskar’s Slider Bar Location: 3799 Poplar Level Road Owner: Fred Dolt Applicants: Solheim Huot Inc., by Elizabeth and Jesse Huot 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 Goatley, that Case Number 19CUP1037, Conditional Use Permit for outdoor alcohol sales/consumption and indoor live entertainment for a restaurant in a C-1 Zoning District (LDC 4.2.41), be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary November 4, 2019 17. 19-CUP-0204 Request: Conditional Use Permit for a private institutional use Project Name: Farmdale Church of the Nazarene Addition Location: 6501 Vandre Avenue Owner/Applicant: Farmdale Church of the Nazarene/Lindsey Stoughton Jurisdiction: Louisville Metro Council District: 23 - James Peden 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-0204, Conditional Use Permit to allow a private institutional use in an R-4 Zoning District, 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 Adjournment Louisville Metro Government Page 9