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 18, 2019 1:00 PM Old Jail Auditorium Call To Order Present: 5- Board Member Lindsey Jagoe, Board Member Richard Buttorff, Board Member Lester Turner Jr., Board Member LiAndrea Goatley, and Board Member Lula Howard Absent: 1- Board Member Kim Leanhart Approval Of Minutes 1. BOZA_Minutes_11.04.19 Approval of the Minutes from the November 4, 2019 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Goatley, that the Minutes from the November 4, 2019 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Goatley, and Howard Absent: 1- Leanhart Abstain: 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 Goatley, seconded by Board Member Turner, that the change to the 2019 Board of Zoning Adjustment meeting schedule (changing November 1 to November 2) be APPROVED. The motion carried by the following vote: Yes: 5- Jagoe, Buttorff, Turner, Goatley, and Howard Absent: 1- Leanhart Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary November 18, 2019 3. 19-VARIANCE-0015 Request: Variances to allow parking to encroach into the setback (19 -VARIANCE-0015), and to exceed the maximum building height (19 -VARIANCE-0016) Project Name: Middletown Station Location: 12965 Shelbyville Rd Owner/Applicant: J. Layson Hagan, Middletown Partners, LLC Jurisdiction: Middletown Council District: 19 - Anthony Piagentini Case Manager: Lacey Gabbard, AICP, Planner I A motion was made by Board Member Turner, seconded by Board Member Goatley, that Case Number 19-VARIANCE-0015 (19-VARIANCE-0016), three variances, be APPROVED. The motion carried by the following vote: Yes: 5- Jagoe, Buttorff, Turner, Goatley, and Howard Absent: 1- Leanhart 4. 19-SIGNAUTH-0002 Request: Sign Authorization for monument and attached signs Project Name: Upton Oxmoor Apartments Location: 7733 Upton Oxmoor Lane Owner: Upton Oxmoor LLC Applicant: Wilson Permit Services Jurisdiction: Louisville Metro Council District: 18 - Marilyn Parker Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Goatley, seconded by Board Member Buttorff, that Case Number 19-SIGNAUTH-0002 be APPROVED, SUBJECT to a Condition of Approval. The motion carried by the following vote: Yes: 5- Jagoe, Buttorff, Turner, Goatley, and Howard Absent: 1- Leanhart Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary November 18, 2019 5. 19-CUP-0183 Request: THIS CASE HAS BEEN WITHDRAWN Conditional Use Permit for an auto storage and title processing facility, (Scrap metal processing facilities and junkyards, LDC 4.2.47) Project Name: Copart Location: 3200 Pond Station Road Owner: First Industrial LP, by A, Scott McGregor Applicant: Copart of Connecticut, Inc. by Hilary Negron Attorney: Nick Pregliasco Jurisdiction: Louisville Metro Council Districts: 14 -- Cindi Fowler and 25 -- David Yates Case Manager: Steve Hendrix, Planning and Design Coordinator Case Number 19-CUP-0183 was WITHDRAWN. Therefore, no vote or action was taken. 6. 19-CUP-0133 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Horsell short term rental Location: 502 Marengo Drive Owner/Applicant: Graham Horsell Jurisdiction: Woodland Hills Council District: 19 - Anthony Piagentini Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Turner, seconded by Board Member Goatley, that Case Number 19-CUP-0133 be APPROVED. The motion carried by the following vote: Yes: 5- Jagoe, Buttorff, Turner, Goatley, and Howard Absent: 1- Leanhart 7. 19-CUP-0134 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Horsell short term rental Location: 12206 St. Claire Drive Owner/Applicant: Graham Horsell Jurisdiction: Middletown Council District: 19 - Anthony Piagentini Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Goatley, seconded by Board Member Jagoe, that Case Number 19-CUP-0134 be APPROVED. The motion carried by the following vote: Yes: 5- Jagoe, Buttorff, Turner, Goatley, and Howard Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary November 18, 2019 Absent: 1- Leanhart 8. 19-CUP-0144 Request: Conditional Use Permit for a short term rental of a duplex that is not the primary residence of the host Project Name: Cox short term rental Location: 4513 Southern Parkway Owner/Applicant: Paul and Rebecca Cox Jurisdiction: Louisville Metro Council District: 21 - Nicole George Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Jagoe, seconded by Board Member Goatley, that Case Number 19-CUP-0144 be APPROVED. The motion carried by the following vote: Yes: 5- Jagoe, Buttorff, Turner, Goatley, and Howard Absent: 1- Leanhart 9. 19-CUP-0146 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Ormsby Avenue Short Term Rental Location: 431 East Ormsby Avenue Owner/Applicant: Dreamworth Homes, Joe Worth 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 Buttorff, that Case Number 19-CUP-0146 be APPROVED. The motion carried by the following vote: Yes: 5- Jagoe, Buttorff, Turner, Goatley, and Howard Absent: 1- Leanhart 10. 19-CUP-0153 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: Deerwood Avenue Short Term Rental Location: 1838 Deerwood Avenue Owner/Applicant: James & Haydee Fuselier Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Zach Schwager, Planner I A motion was made by Board Member Jagoe, seconded by Board Member Buttorff, that Case Number 19-CUP-0153 be DENIED. The motion carried by the following vote: Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary November 18, 2019 Yes: 5- Jagoe, Buttorff, Turner, Goatley, and Howard Absent: 1- Leanhart 11. 19-CUP-0156 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Meredith short term rental Location: 3666 Woodruff Avenue Owner/Applicant: Ginnie Meredith Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett 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-0156 be APPROVED. The motion carried by the following vote: Yes: 5- Jagoe, Buttorff, Turner, Goatley, and Howard Absent: 1- Leanhart 12. 19-CUP-0157 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Peachtree Avenue II Short Term Rental Location: 3847 Peachtree Avenue Owner/Applicant: Longhorn Investments LLC Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Chris French, Planning & Design Supervisor A motion was made by Board Member Turner, seconded by Board Member Jagoe, that Case Number 19-CUP-0157 be APPROVED. The motion carried by the following vote: Yes: 5- Jagoe, Buttorff, Turner, Goatley, and Howard Absent: 1- Leanhart Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary November 18, 2019 13. 19-CUP-0158 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Peachtree Avenue I Short Term Rental Location: 3356 Peachtree Avenue Owner/Applicant: Longhorn Investments LLC Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Chris French, Planning & Design Supervisor A motion was made by Board Member Jagoe, seconded by Board Member Goatley, that Case Number 19-CUP-0158 be APPROVED. The motion carried by the following vote: Yes: 5- Jagoe, Buttorff, Turner, Goatley, and Howard Absent: 1- Leanhart 14. 19-CUP-0187 Request: Conditional Use Permit to allow an accessory apartment Project Name: Derry accessory apartment Location: 602 Mount Holly Road Owner/Applicant: Penny Derry/Adrian Derry Jurisdiction: Louisville Metro Council District: 13 - Mark Fox Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Goatley, seconded by Board Member Buttorff, that Case Number 19-CUP-0187 be APPROVED, with RELIEF from Standard 4B and 4C, and SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 5- Jagoe, Buttorff, Turner, Goatley, and Howard Absent: 1- Leanhart 15. 19-CUP-0196 Request: Conditional Use Permit for an accessory apartment. Project Name: Accessory Apartment Location: 7508 Smyrna Road Owners John and Melanie Christerson Applicant: Rick Burnette Jurisdiction: Louisville Metro Council District: 24- Madonna Flood Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Jagoe, seconded by Board Member Goatley, that Case Number 19-CUP-0196 be APPROVED, with RELIEF from Standard 4B, and SUBJECT to Conditions of Approval. The motion carried by the following vote: Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary November 18, 2019 Yes: 5- Jagoe, Buttorff, Turner, Goatley, and Howard Absent: 1- Leanhart 16. 19-APPEAL-0001 Request: Appeal of an Administrative Decision Project Name: National Turnpike Appeal Location: 9705 National Turnpike Appellant: Mac G. Sawyer Representative: James C. Nicholson Jurisdiction: Louisville Metro Council District: 13 - Mark Fox Case Manager: Chris French, AICP, Planning and Design Supervisor A motion was made by Board Member Goatley, seconded by Board Member Jagoe, in Case Number 19-APPEAL-0001 to UPHOLD the Administrative decision and DENY the appeal. The motion carried by the following vote: Yes: 4- Jagoe, Turner, Goatley, and Howard Absent: 2- Buttorff, and Leanhart Adjournment Louisville Metro Government Page 7