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 27, 2020 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_01.06.20 Approval of the Minutes from the January 6, 2020 Board of Zoning Adjustment meeting. A motion was made by Board Member Jagoe, seconded by Board Member Turner, that the Minutes from the January 6, 2020 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 2. BOZA_Minutes_01.13.20 Approval of the Minutes from the January 13, 2020 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Jagoe, that the Minutes from the January 13, 2020 Board of Zoning Adjustment Special Meeting be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard Business Session 3. STR_RD_01.2020 Request: Short Term Rental Residency Determination Project Name: n/a Location: 1024 Eigelbach Avenue Owner/Applicant/Host: Lisa Anne Lacaria Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Zach Schwager , Planner I A motion was made by Board Member Jagoe, seconded by Board Member Buttorff, that the Short Term Rental Residency Determination for 1024 Eigelbach Avenue be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary January 27, 2020 4. 19-MCUP-0006 Request: Modification of a Conditional Use Permit for a short term rental of a duplex that was approved on 4/1/2019, but failed to meet the required registration time frame. Project Name: Short Term Rental Location: 1700 Payne Street Owner: Fowl Water LLC Applicant: Matthew Fowler Jurisdiction: Louisville Metro Council District: 9-Bill Hollander Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 19-MCUP-0006, Modification of a Conditional Use Permit, be APPROVED, SUBJECT to two Conditions of Approval. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 5. 19-MCUP-0007 Request: Modification of a Conditional Use Permit for a short term rental that was approved on 4/15/2019, but failed to meet the required registration time frame Project Name: N. Clifton Avenue Short Term Rental Location: 110 N. Clifton Avenue Owner: Hospitality Properties, LLC Applicant: Sal Rubino - Hospitality Properties, LLC 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 Buttorff, that Case Number 19-MCUP-0007, Modification of a Conditional Use Permit, be APPROVED, SUBJECT to two Conditions of Approval. 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 January 27, 2020 6. 19-MVARIANCE-0003 Request: Modified variance to allow attached signage to exceed the allowable area in the Downtown form district Project Name: W. Main Street Variance Location: 119 W. Main Street Owner: Louisville Metro Applicant: Cheryl Kizer - Nimtok Kentucky Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Zach Schwager, Planner I A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 19-MVARIANCE-0003, Modified Variance to allow a sign to exceed the allowable area, be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 7. 19-CUP-0229 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host. Project Name: Beckman CUP Location: 883 Parkway Drive Owner: ABK Properties, LLC Host: Key Source Properties, Jonathan Klunk Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19-CUP-0229, 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 3 Board of Zoning Adjustment Action Summary January 27, 2020 8. 19-CUP-0232 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: 5309 Westhall Short Term Rental Location: 5309 Westhall Avenue Owner Villehomes, LLC Applicant: Luke Neubauer Jurisdiction: Louisville Metro Council District: 21- Nicole George Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Jagoe, seconded by Board Member Buttorff, that Case Number 19-CUP-0232, 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 APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 9. 19-CUP-0233 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: Baroness Avenue Short Term Rental Location: 725 Baroness Avenue Owner: Mary Ormsby Family Revocable Trust Applicant: Luke Neubauer - Villehomes, LLC Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19-CUP-0233, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host, be APPROVED, SUBJECT to a Condition of Approval. 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 January 27, 2020 10. 19-CUP-0235 Request: Conditional Use Permit for a short term rental of dwelling unit within the Traditional Neighborhood Zoning District. Project Name: Short Term Rental Location: 101 West Ormsby Avenue Owner: Ken Herndon Applicant/Host: Chill House, Alexandria Bolton Jurisdiction: Louisville Metro Council District: 6 -David James Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19-CUP-0235, Conditional Use Permit to allow short term rental of the single family dwelling 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: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 11. 19-CUP-0266 Request: Conditional Use Permit for an accessory apartment Project Name: Goss Avenue Accessory Apartment Location: 1127 Goss Avenue Owner: Derby Town Rentals, LLC Applicant: Jackie O’Neil - Derby Town Rentals, LLC 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 Buttorff, that Case Number 19-CUP-0266, Conditional Use Permit for an accessory apartment, be APPROVED, with RELIEF from Standard 4A (regarding occupancy) and RELIEF from Standard 4B, and SUBJECT to three Conditions of Approval. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard Public Hearing Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary January 27, 2020 12. 19-VARIANCE-0073 Request: THIS CASE HAS BEEN WITHDRAWN Variance to allow a sign to exceed maximum height Project Name: Bridle Run Entry Monument Sign Location: 1312 Flat Rock Road Owner Madeira Place LLC Applicant: Robert Hayes/Fischer Homes Jurisdiction: Louisville Metro Council District: 19 Case Manager: Beth Jones, Planner II THIS CASE WAS WITHDRAWN. THEREFORE, NO ACTION WAS TAKEN. 13. 19-CUP-0207 Request: THIS CASE WAS CONTINUED FROM 12/16/2019 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 Buttorff, seconded by Board Member Turner, that Case Number 19-CUP-0207, 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 DENIED. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Goatley, Jagoe, and Howard No: 1- Leanhart Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary January 27, 2020 14. 19-CUP-0222 Request: PUBLIC HEARING FOR THIS CASE WAS CONTINUED FROM 1/13/20 Conditional Use Permit for a short term rental of dwelling units within the Traditional Neighborhood Zoning District. Project Name: Magnolia STR Location: 210 East Magnolia Avenue Owner/Applicant: Jodie Bass Jurisdiction: Louisville Metro Council District: 6 -David James Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Buttorff, seconded by Board Member Jagoe, that Case Number 19-CUP-0222, Conditional Use Permit to allow short term rental of the main house, be APPROVED, SUBJECT to a Condition of Approval regarding residency. The Board instructed the applicant to return to BOZA for review of a Modified Conditional Use Permit to include the Carriage House and to supply the Board with the approved Certificate of Appropriateness plan after approval by the Old Louisville Architectural Review Committee. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 15. 19-CUP-0227 Request: PUBLIC HEARING FOR THIS CASE WAS CONTINUED FROM 1/13/20 Conditional Use Permit to allow a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Douglass Boulevard Short Term Rental 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 Jagoe, seconded by Board Member Buttorff, that Case Number 19-CUP-0227, 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: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary January 27, 2020 16. 19-VARIANCE-0077 Request: Variance to allow a fence in the street side yard in the traditional neighborhood form district to exceed 42 inches in height Project Name: S. Shelby Variance Location: 1550 S. Shelby Street Owner/Applicant: Stephen Stricklin Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Nia Holt, Planner I A motion was made by Board Member Buttorff, seconded by Board Member Turner, that Case Number 19-VARIANCE-0077, Variance from Land Development Code Section 4.4.3.A.1.a.i to allow a fence in the street side yard in the Traditional Neighborhood Form District to exceed 42 inches in height, be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 17. 19-VARIANCE-0078 Request: Variance to allow an addition to encroach into the side yard setback Project Name: Mulberry Variance Location: 1137 Mulberry St Owner: Katy Fulton, LLC Applicant: Rachel Harman Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Nia Holt, Planner I A motion was made by Board Member Jagoe, seconded by Board Member Buttorff, that Case Number 19-VARIANCE-0078, Variance from Land Development Code Table 5.2.2 to allow a principal structure to encroach into the required side yard setback, 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 January 27, 2020 18. 19-VARIANCE-0081 Request: CONTINUED FROM 1/27/20 Variance to allow an addition to encroach into the side yard setbacks and a fence in the street side yard in the traditional neighborhood form district to exceed 42 inches in height Project Name: Rogers Variance Location: 1201 Rogers St Owner: FlipLou, LLC Applicant: Ariel Kattan Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Nia Holt, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19-VARIANCE-0081 be CONTINUED to the February 3, 2020 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 19. 19-CUP-0236 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: Bradley Avenue Short Term Rental Location: 2525 Bradley Avenue Owner: 2525 Bradley Avenue Trust Applicant: Jay Bowman Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Jagoe, that Case Number 19-CUP-0236, 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: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary January 27, 2020 20. 19-CUP-0239 Request: Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host Project Name: Smith short term rental Location: 4800 Raven Road Owner/Applicant: Renee Smith Jurisdiction: Lynnview Council District: 21 - Nicole George Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 19-CUP-0239, 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 21. 19-CUP-0247 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: State Street Short Term Rental Location: 184 ½ State Street Owner Derek Hughes Applicant: Sonya Gugliotta Jurisdiction: Louisville Metro Council District: 9- Bill Hollander 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-0247, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host in an R-5A 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 10 Board of Zoning Adjustment Action Summary January 27, 2020 22. 19-CUP-0250 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: River Road Short Term Rental Location: 5907 River Road Owner: Andrew & Nicole Will Applicant: Eric Widmayer - Kentucky Investment Company Jurisdiction: Louisville Metro Council District: 16 - Scott Reed Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 19-CUP-0250, 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: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 23. 19-APPEAL-0003 Request: Appeal of an Administrative Decision Project Name: South Fourth Street Appeal Location: 1337 South Fourth Street Appellant: Uri Segev Representative: Uri Segev Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Buttorff, seconded by Board Member Goatley, that Case Number 19-APPEAL-0003, Appeal of an administrative decision regarding nonconforming rights, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Goatley, Jagoe, and Leanhart No: 1- Howard Adjournment Louisville Metro Government Page 11