Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, December 2, 2019 1:00 PM Old Jail Auditorium Call To Order Present: 5- Board Member Lindsey Jagoe, Board Member Lester Turner Jr., Board Member LiAndrea Goatley, Board Member Kim Leanhart, and Board Member Lula Howard Absent: 1- Board Member Richard Buttorff Approval Of Minutes 1. BOZA_Minutes_11.18.19 Approval of the Minutes from the November 18, 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 18, 2019 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Jagoe, Turner, Goatley, Leanhart, and Howard Absent: 1- Buttorff Business Session 2. 19-MCUP-0004 Request: Modified Conditional Use Permit to allow a covered outdoor play area Project Name: Pet Station Country Club Location: 4800 Murphy Lane Owner/Applicant: Pet Station Holdings, LLC. Jurisdiction: Louisville Metro Council District: 17 - Marcus Winkler Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Turner, seconded by Board Member Jagoe, that Case Number 19-MCUP-0004, Modified Conditional Use Permit to allow the construction of a covered patio, be APPROVED, SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 5- Jagoe, Turner, Goatley, Leanhart, and Howard Absent: 1- Buttorff Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary December 2, 2019 3. 19-MCUP-0005 Request: Modified Conditional Use Permit to reduce the required number of parking spaces 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-MCUP-0005, Modified Conditional Use Permit to reduce the required number of parking spaces, be APPROVED, SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 5- Jagoe, Turner, Goatley, Leanhart, and Howard Absent: 1- Buttorff Public Hearing 4. 19-CUP-0175 Request: Conditional Use Permit for outdoor alcohol sales and consumption for restaurant in the C-1 zoning district Project Name: Oxmoor Center East Out-parcel Location: 7900 Shelbyville Road Owner: WMB 2, LLC & TWB Oxmoor 2, LLC Applicant: Brookfield Properties Retail, Inc. Representative: Frost Brown Todd, LLC Jurisdiction: Louisville Metro Council District: 18 - Marilyn Parker Case Manager: Joel P. Dock, AICP, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19-CUP-0175, Conditional Use Permit for outdoor alcohol sales and consumption for restaurant in the C-1 Zoning District, be APPROVED, SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 5- Jagoe, Turner, Goatley, Leanhart, and Howard Absent: 1- Buttorff Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary December 2, 2019 5. 19-VARIANCE-0058 Request: Variance to allow a fence in the front yard setback to exceed 42 inches in height Project Name: Bland Street Variance Location: 1480 Bland Street Owner/Applicant: Elizabeth Heim Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Zach Schwager, Planner I A motion was made by Board Member Jagoe, seconded by Board Member Goatley, that Case Number 19-VARIANCE-0058, 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, SUBJECT to a Condition of Approval. The motion carried by the following vote: Yes: 5- Jagoe, Turner, Goatley, Leanhart, and Howard Absent: 1- Buttorff 6. 19-VARIANCE-0060 Request: Variance to allow a second story addition on the rear of an existing structure to encroach into the side yard setback Project Name: Barret Avenue Variance Location: 625 Barret Avenue Owner: Apres Properties of KY, LLP Applicant: Becky McKinley, Victory Home Builders Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Zach Schwager, Planner I A motion was made by Board Member Goatley, seconded by Board Member Jagoe, that Case Number 19-VARIANCE-0060, Variance from Land Development Code Section 5.1.10.F to allow a structure to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: 4- Jagoe, Turner, Goatley, and Howard Absent: 2- Buttorff, and Leanhart Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary December 2, 2019 7. 19-CUP-0162 Request: Conditional Use Permit for a short term rental of a dwelling unit that is the primary residence of the host Project Name: Belgravia Court Short Term Rental Location: 513 Belgravia Court Owners/Applicants: Richard J. Serpa & Michael Mondia Jurisdiction: Louisville Metro Council District: 6-David James 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-0162, 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 Conditions of Approval. The motion carried by the following vote: Yes: 5- Jagoe, Turner, Goatley, Leanhart, and Howard Absent: 1- Buttorff 8. 19-CUP-0164 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: Bourbon Avenue Short Term Rental Location: 1203 Bourbon Avenue Owner/Applicant: Steven Smith Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19-CUP-0164, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host, be APPROVED, with RELIEF from Standard 4D. The motion carried by the following vote: Yes: 5- Jagoe, Turner, Goatley, Leanhart, and Howard Absent: 1- Buttorff Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary December 2, 2019 9. 19-CUP-0165 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: Lydia Street Short Term Rental Location: 903 Lydia Street Owner: Leslie Lee Whitlock Applicant: Genevieve Foxworth Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19-CUP-0165, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host, be APPROVED, with RELIEF from Standard 4D, and SUBJECT to a Condition of Approval. The motion carried by the following vote: Yes: 5- Jagoe, Turner, Goatley, Leanhart, and Howard Absent: 1- Buttorff 10. 19-CUP-0167 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: Wind Ridge Court Short Term Rental Location: 6810 Wind Ridge Court Owner: Dandy Properties, LLC Applicant: Wendy Kroeger Jurisdiction: Louisville Metro Council District: 16 - Scott Reed Case Manager: Zach Schwager, Planner I A motion was made by Board Member Turner, seconded by Board Member Jagoe, that Case Number 19-CUP-0167, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host, be APPROVED. The motion carried by the following vote: Yes: 5- Jagoe, Turner, Goatley, Leanhart, and Howard Absent: 1- Buttorff Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary December 2, 2019 11. 19-CUP-0178 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Vardiman Short Term Rental Location 1610 Ellwood Avenue Owner: Alice and Edwin Vardiman 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 Turner, seconded by Board Member Goatley, that Case Number 19-CUP-0178, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host in an R-7 Zoning District and Traditional Neighborhood Form District, be APPROVED, with RELIEF from Standard 4D. The motion carried by the following vote: Yes: 5- Jagoe, Turner, Goatley, Leanhart, and Howard Absent: 1- Buttorff 12. 19-CUP-0179 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Norris Place Short Term Rental Location: 1641 Norris Place Owners: Oliver Real Estate Management LLC by Carroll Mackin Applicant: Greg Lickteig Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Goatley, seconded by Board Member Turner, that Case Number 19-CUP-0179, 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, SUBJECT to a Condition of Approval. The motion carried by the following vote: Yes: 4- Jagoe, Turner, Goatley, and Leanhart Absent: 1- Buttorff Abstain: 1- Howard Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary December 2, 2019 13. 19-CUP-0180 Request: Conditional Use Permit for an accessory apartment Project Name: Accessory Apartment Location: 4554 South Second Street Owner/Applicant: Matthew Iles Jurisdiction: Louisville Metro Council District: 21 - Nicole George Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Turner, seconded by Board Member Jagoe, that Case Number 19-CUP-0180, 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- Jagoe, Turner, Goatley, and Howard No: 1- Leanhart Absent: 1- Buttorff 14. 19-CUP-0181 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: South Second Street Short Term Rental Location: 4554 South Second Street Owner/Applicant: Matthew Iles Jurisdiction: Louisville Metro Council District: 21 - Nicole George Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Goatley, seconded by Board Member Turner, that Case Number 19-CUP-0181, 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, with RELIEF from Standard 4D, and SUBJECT to a Condition of Approval. The motion carried by the following vote: Yes: 3- Jagoe, Turner, and Goatley No: 2- Leanhart, and Howard Absent: 1- Buttorff Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary December 2, 2019 15. 19-CUP-0185 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Atwood Short Term Rental Location: 664 Atwood Street Owner/Applicant: 664 Atwood LLC by Mike Spoelker 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-0185, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner in an R-7 Zoning District and Traditional Neighborhood Form District, be APPROVED, with RELIEF from Standard 4D. The motion carried by the following vote: Yes: 5- Jagoe, Turner, Goatley, Leanhart, and Howard Absent: 1- Buttorff 16. 19-CUP-0213 Request: Conditional Use Permit to allow an accessory apartment Project Name: Baker Accessory Apartment Location 5209 Mars Court Owner: Norma Baker Representative: Deborah and Tommy Nuckles Jurisdiction: Louisville Metro Council District: 12 - Rick Blackwell Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Jagoe, that Case Number 19-CUP-0213, Conditional Use Permit to allow an accessory apartment in an R-4 Zoning District and Neighborhood Form District, be DENIED. The motion carried by the following vote: Yes: 5- Jagoe, Turner, Goatley, Leanhart, and Howard Absent: 1- Buttorff Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary December 2, 2019 17. 19-CUP-0145 Request: Conditional Use Permit to allow transitional housing Project Name: Genesis Boys Group Home Location: 630 Louis Coleman Drive Owner/Applicant: Quanyell Watts Jurisdiction: Louisville Metro Council District: 5 - Donna Purvis 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-0145, Conditional Use Permit to allow transitional housing, be APPROVED, with RELIEF from Standard 4A, and SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 5- Jagoe, Turner, Goatley, Leanhart, and Howard Absent: 1- Buttorff Adjournment Louisville Metro Government Page 9