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 16, 2019 1:00 PM Old Jail Auditorium Call To Order Present: 6- Board Member Richard Buttorff, Board Member Lester Turner Jr., Board Member LiAndrea Goatley, Board Member Lindsey Jagoe, Board Member Kim Leanhart, and Board Member Lula Howard Approval Of Minutes 1. BOZA_Minutes_12.02.19 Approval of the Minutes from the December 2, 2019 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Leanhart, that the Minutes from the December 2, 2019 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Turner, Goatley, Jagoe, Leanhart, and Howard Abstain: 1- Buttorff Business Session 2. 19VARIANCE1037 Request: Variance to allow a side yard setback for a first story addition on the rear of an existing residence Project Name: Wendover Avenue Variance Location: 510 Wendover Owner: Adam Wilson Applicant: Charles Podgursky - C.R.P. & Associates Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Zach Schwager, Planner I A motion was made by Board Member Jagoe, seconded by Board Member Turner, that Case Number 19VARIANCE1037, Variance from City of St. Matthews Development Code Section 4.6.C.2.b to allow an addition to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Jagoe, Leanhart, and Howard Abstain: 1- Goatley Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary December 16, 2019 3. 19-CUP-0141 Request: The applicant for 19-CUP-0141 has asked the Board of Zoning Adjustment to waive the 1 year rule for filing another application for a Conditional Use Permit for a short term rental Project Name: Schweitzer Short Term Rental Location 1849 Yale Drive Owner: Nicholas Schweitzer Representative: Paul Whitty 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 Turner, that Case Number 19-CUP-0141, Request to waive the 1 year rule for filing another application for a Conditional Use Permit for a short term rental, be APPROVED. The motion carried by the following vote (NOTE: After the motion was approved, Mr. Whitty agreed the pending appeal would be dismissed): Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard Public Hearing 4. 19-CUP-0207 Request: THIS CASE IS BEING CONTINUED TO 1/27/20 Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Schneider Short Term Rental Location 1814 Bonnycastle Avenue Owner: Steven Schneider 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 Leanhart, seconded by Board Member Goatley, that Case Number 19-CUP-0207 be CONTINUED to the January 27, 2020 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary December 16, 2019 5. 19-VARIANCE-0062 Request: THIS CASE IS BEING CONTINUED TO 1/6/20 Variance to allow an addition to an existing detached garage to encroach into the required rear yard setback and to allow a private yard area to be less than the required 30% of the area of a lot Project Name: Cherokee Parkway Variance Location: 2507 Cherokee Parkway Owner: Richard Pape Applicant: Gary Shearer - GDS Builder & Remodeler 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-0062 be CONTINUED to the January 6, 2020 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 6. 19-VARIANCE-0004 Request: Variance to allow the proposed building to exceed the 80 foot maximum front yard setback Project Name: O’Reilly Auto Parts Location: 5911 Bardstown Road Owner/Applicant: Dennis Littrell, Corridor Holdings, LLC Jurisdiction: Louisville Metro Council District: 22 - Robin Engel Case Manager: Lacey Gabbard, AICP, Planner I A motion was made by Board Member Goatley, seconded by Board Member Jagoe, that Case Number 19-VARIANCE-0004, Variance from Land Development Code Section 5.3.1.C.5 to allow the proposed building to exceed the 80 foot maximum front yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary December 16, 2019 7. 19-VARIANCE-0061 Request: Variance to allow a detached garage to encroach into the required street side yard setback Project Name: Shelby Street Variance Location: 1455 S. Shelby Street Owner: David Tobias Applicant: Michael Marks - Wetterer & Clare Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Zach Schwager, Planner I A motion was made by Board Member Buttorff, seconded by Board Member Goatley, that Case Number 19-VARIANCE-0061, Variance from Land Development Code Table 5.2.2 to allow a structure to encroach into the required street side yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 8. 19-NONCONFORM-0023 Request: Change in Nonconforming Use from a Tavern/Bar/Saloon to a Convenience Store Project Name: Beecher Change in Nonconformance Location: 500 Beecher St Owner/Applicant: Derrick Tiller Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Chris French, Planning and Design Supervisor A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19-NONCONFORM-0023, Change in nonconforming use from a tavern/bar/saloon to a convenience store, be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary December 16, 2019 9. 19-NONCONFORM-0029 Request: Expansion of Nonconforming Use for Churchill Downs Project Name: Churchill Downs Hotel Expansion Location: 700 Central Avenue Owner/Applicant: Churchill Downs Incorporated Representative: Jon Baker, esq. Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Chris French, AICP, Planning and Design Supervisor A motion was made by Board Member Buttorff, seconded by Board Member Turner, that Case Number 19-NONCONFORM-0029, a request to expand nonconforming rights on property located at 700 Central Avenue, in accordance with KRS 100.253(2), be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 10. 19-MCUP-0002 Request: Modified Conditional Use Permit for a community service facility Project Name: Harbor House Location: 2233 Lower Hunters Trace Owner/Applicant: Harbor House of Louisville, Inc. Attorney: Bardenwerper, Talbott & Roberts, PLLC, Nick Pregliasco Jurisdiction: Louisville Metro Council District: 12 - Rick Blackwell 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-MCUP-0002, Modified Conditional Use Permit for a community service facility in an R-4 Single-Family Residential District (LDC 4.2.54), be APPROVED, SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary December 16, 2019 11. 19-CUP-0193 Request: Conditional Use Permit for a dialysis medical clinic Project Name: Medical Clinic Location: 3935 Taylorsville Road Owner: McMahan Plaza Applicant: Pure Life Renal, Orestes L. Lugo Representative : BTM Engineering Inc., Chris Brown Jurisdiction: Louisville Metro Council District: 26 - Brent Ackerson Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Jagoe, seconded by Board Member Leanhart, that Case Number 19-CUP-0193, Conditional Use Permit for a medical clinic (LDC 4.2.29), be APPROVED, with RELIEF from Standard 4B, and SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 12. 19-CUP-0206 Request: Conditional Use Permit to allow outdoor alcohol sales and consumption Project Name: Four Pegs II Location: 1053 Goss Avenue Owner/Applicant: Wanda Sue Hatfield Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill 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-0206, Conditional Use Permit to allow outdoor alcohol sales and consumption, be APPROVED, SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 13. 19-CUP-0209 Request: Conditional Use Permit to allow a private proprietary club Project Name: Louisville Elks Lodge No. 8 addition Location: 2824 Klondike Lane Owner/Applicant: Louisville Elks Lodge, Benevolent and Protective Order of Elks of the United States of America, Inc. Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19-CUP-0209, Conditional Use Permit to allow a private proprietary club, be APPROVED, with RELIEF from Standard 4D, and SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary December 16, 2019 14. 19-CUP-0211 Request: Conditional Use Permit to allow a community service facility Project Name: Free2Hope Location: 2539 West Main Street Owner/Applicant: Amy Leenerts Jurisdiction: Louisville Metro Council District: 5 - Donna Purvis Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Buttorff, seconded by Board Member Goatley, that Case Number 19-CUP-0211, Conditional Use Permit to allow a community service faciilty in a UN Zoning District and Traditional Neighborhood Form District, be APPROVED, with RELIEF from Standard A1, and SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 15. 19-CUP-0226 Request: Conditional Use Permit for an accessory apartment Project Name: Douglass Boulevard Accessory Apartment Location: 2205 Douglass Boulevard Owner/Applicant: Nicole Levinson 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-CUP-0226, Conditional Use Permit for an Accessory Apartment (LDC 4.2.3), be APPROVED, SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 16. 19-CUP-0191 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: Goff short term rental Location: 1027 Beecher Street Owner/Applicant: Goff Primary, LLC 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-0191, 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: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary December 16, 2019 17. 19-CUP-0192 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: Taylor Boulevard Short Term Rental Location: 3002 Taylor Boulevard Owner Martin G. Hall Family Revocable Trust Applicant: Barrett Goff Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 19-CUP-0192, Conditional Use Permit to allow a short term rental of a dwelling unit that is not the primary residence of the host (LDC 4.2.63), be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 18. 19-CUP-0200 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Belvar Short Term Rental Location: 320 Belvar Avenue Owner/Applicant: Mary E. Flanagan Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander 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-0200, 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 Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary December 16, 2019 19. 19-CUP-0210 Request: Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host Project Name: Denison short term rental Location: 1226 East Breckinridge Street Owner/Applicant: Tiffany Denison Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Jagoe, seconded by Board Member Leanhart, that Case Number 19-CUP-0210, 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 DENIED. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 20. 19-CUP-0176 Request: THIS CASE HAS WILL NOT BE HEARD BEFORE 3:00 P.M. Conditional Use Permit to allow a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Curran short term rental Location: 3123 Runnymede Road Owner/Applicant: Alan J. Curran Jurisdiction: Glenview Hills Council District: 16 - Scott Reed Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Jagoe, seconded by Board Member Leanhart, that Case Number 19-CUP-0176, 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 DENIED. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard Adjournment Louisville Metro Government Page 9