Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, January 6, 2020 1:00 PM Old Jail Auditorium Call To Order Present: 4- Board Member Lester Turner Jr., Board Member LiAndrea Goatley, Board Member Lindsey Jagoe, and Board Member Lula Howard Absent: 2- Board Member Richard Buttorff, and Board Member Kim Leanhart Approval Of Minutes 1. BOZA_Minutes_12.16.19 Approval of the Minutes from the December 16, 2019 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Goatley, that the Minutes from the December 16, 2019 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart Public Hearing 2. 19-VARIANCE-0039 Request: THIS CASE WILL NOT BE HEARD BEFORE 3:00 P.M. 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 Jagoe, seconded by Board Member Goatley, that Case Number 19-VARIANCE-0039 be CONTINUED to the March 16, 2020 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary January 6, 2020 3. 19-VARIANCE-0059 Request: WITHDRAWN Project Name: Dollar General Store Location: 7701 Smyrna Parkway Owner: Kennie and Patricia Combs Applicant: SC Development LLC Jurisdiction: Louisville Metro Council District: 23-James Peden Case Manager: Julia Williams, AICP, Planning Supervisor This case was WITHDRAWN. Therefore, no vote or action was taken. 4. 19-VARIANCE-0062 Request: Variance 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 Turner, seconded by Board Member Goatley, that Case Number 19-VARIANCE-0062 be APPROVED, SUBJECT to one Condition of Approval. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart 5. 19-VARIANCE-0064 Request: Variance to allow an addition to encroach into the street side yard setback Project Name: Wythe Hill Place Variance Location: 7104 Wythe Hill Place Owner: Robert Lamarr Moore and Linda S. Moore Applicant: Robert Lamarr Moore Jurisdiction: Prospect Council District: 16 - Scott Reed Case Manager: Nia Holt, Planner I A motion was made by Board Member Turner, seconded by Board Member Jagoe, that Case Number 19-VARIANCE-0064 be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary January 6, 2020 6. 19-VARIANCE-0066 Request: Variance to allow a structure to exceed the 5’ maximum setback for a non-residential structure on a corner lot Project Name: Eastview Avenue Variance Location: 2173 Eastview Avenue Owner: Julie & Tom O’Neill Applicant: Mark Foxworth Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Nia Holt, Planner I A motion was made by Board Member Jagoe, seconded by Board Member Turner, that Case Number 19-VARIANCE-0066 be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart 7. 19-SIGNAUTH-0003 Request: Sign Authorization to permit an Exceptional Sign (LDC 8.4, Appendix 8B) Project Name: Trifecta Sign Authorization Location: 2501 S. 4th Street Owner: Capstone Real Estate Inc. Applicant: Signarama Downtown Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Goatley, seconded by Board Member Jagoe, that Case Number 19-SIGNAUTH-0003 be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart 8. 19-NONCONFORM-0028 Request: Change in nonconforming use from a contractor’s shop to a catering kitchen/bakery Project Name: W. Woodlawn Change in Nonconformance Location: 211 W. Woodlawn Avenue Owner/Applicant: Matthew Huested Jurisdiction: Louisville Metro Council District: 21 - Nicole George Case Manager: Nia Holt, Planner I A motion was made by Board Member Goatley, seconded by Board Member Turner, that Case Number 19-NONCONFORM-0028 be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary January 6, 2020 Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart 9. 19-NONCONFORM-0030 Request: Change in nonconforming use from an auto repair shop to a contractor’s shop Project Name: Breckinridge Change in Nonconformance Location: 500-508 E. Breckinridge St Owner/Applicant: Samuel Ellis Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Nia Holt, Planner I A motion was made by Board Member Goatley, seconded by Board Member Turner, that Case Number 19-NONCONFORM-0030 be APPROVED, SUBJECT to one Condition of Approval. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart 10. 19-CUP-0216 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: The Third Space short term rental Location: 3322 Wizard Avenue Owner/Applicant: Madelle and Brad Gunter 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-0216 be APPROVED, with RELIEF from Standard 4D and SUBJECT to two Conditions of Approval. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary January 6, 2020 11. 19-CUP-0218 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: Grinstead Drive Short Term Rental Location: 2216 Grinstead Drive Owner/Applicant Joe L. Fairleigh 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 Goatley, that Case Number 19-CUP-0218 be APPROVED, with RELIEF from Standard 4D. The motion carried by the following vote: Yes: 3- Goatley, Jagoe, and Howard No: 1- Turner Absent: 2- Buttorff, and Leanhart 12. 19-CUP-0219 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: Pope Street Short Term Rental Location: 165 Pope Street Owner: Fairleigh Pope LLC Applicant: Joe L. Fairleigh 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 Goatley, that Case Number 19-CUP-0219 be APPROVED, with RELIEF from Standard 4D. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary January 6, 2020 13. 19-CUP-0220 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Forum Avenue Short Term Rental Location: 526 Forum Avenue Owner/Applicant: Tomcyn Productions LLC. by James Horn 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 Goatley, that Case Number 19-CUP-0220 be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart 14. 19-CUP-0221 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: 914 STR Location: 914 Euclid Avenue Owner/Applicant: Matthew W. Ireland 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 Jagoe, that Case Number 19-CUP-0221 be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart 15. 19-CUP-0224 Request: Conditional Use Permit to allow an accessory apartment Project Name: James accessory apartment Location: 126 East Wellington Avenue Owner/Applicant: James and Bryant, LLC. 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-0224 be APPROVED, with RELIEF from Standards 4A, B, and C, and SUBJECT to two Conditions of Approval. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary January 6, 2020 Absent: 2- Buttorff, and Leanhart 16. 19-CUP-0225 Request: Conditional Use Permit to allow short term rental of dwelling units that are not the primary residence of the host Project Name: James short term rental Location: 126 East Wellington Avenue Owner/Applicant: James and Bryant, LLC. 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 Turner, that Case Number 19-CUP-0225 be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart Adjournment Louisville Metro Government Page 7