Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, February 3, 2020 1:00 PM Old Jail Auditorium Annual Meeting Call To Order Rollcall 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 1. BOZA_Election_Officers BOZA Annual Election of Officers A motion was made by Chair Howard, seconded by Board Member Buttorf that John Carroll serve as the presiding officer for election of the officers. The motion carried unanimously. A motion was made by Board Member Jagoe, seconded by Board Member Goatley that Lula Howard be elected as the Chairperson. The motion carried unanimously. A motion was made by Board Member Turner, seconded by Chair Howard that Board Member Leanhart be elected as the Vice Chair. The motion carried unanimously. A motion was made by Chair Howard, seconded by Board Member Goatley that Board Member Buttorff be elected as the Secretary. The motion carried unanimously. 2. BOZA_Annual_Report Request: BOZA Annual Report Case Manager: Joe Haberman, Planning & Design Manager Joe Haberman and Chris French presented an annual report for 2019. Adjournment Regular Meeting Call To Order Rollcall Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary February 3, 2020 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_01.27.20 Approval of the Minutes from the January 27, 2020 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Buttorff, that the January 27, 2020 BOZA minutes be approved. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard Public Hearing 2. 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 Buttorff, seconded by Board Member Turner, that a variance from the Land Development Code table 5.2.2 to allow a principal structure to encroach into the required side yard setbacks be denied because it was not adequately justified. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Goatley, Jagoe, and Leanhart No: 1- Howard A motion was made by Board Member Goatley, seconded by Board Member Leanhart, that the variance from the Land Development Code (LDC) 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: 5- Turner, Goatley, Jagoe, Leanhart, and Howard No: 1- Buttorff Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary February 3, 2020 3. 19-VARIANCE-0063 Request: Setback and Sign Variances Project Name: 7931 Bardstown Road Location: 7931 Bardstown Road Owner/Applicant: Patrick W. Madden, Bardstown Road Development LLC Representative: Mike Hill, Land Design & Development, Inc Jurisdiction: Louisville Metro Council District: 22 - Robin Engel Case Manager: Lacey Gabbard, AICP, Planner I A motion was made by Board Member Jagoe, seconded by Board Member Goatley, that the variance from the Land Development Code table 5.3.2 to reduce the required street setback from 10 feet to 4 feet for the drive-thru lane to encroach be approved. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Goatley, Jagoe, and Howard No: 1- Leanhart 4. 19-VARIANCE-0082 Request: Variance to allow a fence in the street side yard in the neighborhood form district to exceed 48 inches in height Project Name: Applewood Variance Location: 1724 Applewood Street Owner: Estate of Henry Kaelin Jr. Applicant: Monica Lynn Willing Jurisdiction: City of Graymoore-Devondale Council District: 7 - Paula McCraney Case Manager: Nia Holt, Planner I A motion was made by Board Member Turner, seconded by Board Member Goatley, that a variance from the Land Develoment Code section 4.4.3.A.1.a.i to allow a fence in the street side yard in the Neighborhood Form District to exceed 48 inches in height. The location is the street side yard and the fence will not exceed 72 inches in height (a variance of 24 inches) be approved. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard No: 2- Buttorff, and Leanhart Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary February 3, 2020 5. 20-VARIANCE-0001 Request: Variance to allow a principle structure to encroach into the side yard setbacks Project Name: Ash Variance Location: 910 Ash St Owner: Humphrey Properties, LLC Applicant: Ryan Brown Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Nia Holt, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that a variance from the Land Development Code table 5.2.2 to allow a principle structure to encroach into the required side yard setbacks be approved. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 6. 20-VARIANCE-0004 Request: Variance to allow multi-family structures to exceed the maximum height (35 ft.) by three feet (38 ft.) Project Name: Bristol Bluffs Circle Variance Location: 6015 Bristol Bluffs Circle Owner: Bristol Bluffs LP Applicant: Cliff Ashburner - Dinsmore & Shohl, LLP Jurisdiction: Louisville Metro Council District: 20 - Stuart Benson Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that a variance from the Land Development Code table 5.3.1 to allow multi-family structures to exceed the maximum height of 35 feet, by 3 feet, to 38 feet 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 February 3, 2020 7. 19-CUP-0263 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: Woodruff Avenue Short Term Rental Location: 3527 Woodruff Avenue Owner: Mark & Virginia Meredith Applicant: Ginnie Meredith Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Zach Schwager, Planner I A motion was made by Board Member Jagoe, seconded by Board Member Buttorff, that a conditional use permit to allow a short term rental of a dwelling unit that is not the primary residence of the host (Land Development Code 4.2.63) be approved. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 8. 19-CUP-0265 Request: Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host Project Name: Cobb short term rental Location: 922 Blankenbaker Lane Owner/Applicant: Paul Cobb Jurisdiction: Louisville Metro Council District: 7 - Paula McCraney Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Goatley, seconded by Board Member Buttorff, that a conditional use permit to allow a short term rental of a dwelling unit that is not the primary residence of the host in a 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 5 Board of Zoning Adjustment Action Summary February 3, 2020 9. 19-CUP-0268 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: Cleveland Boulevard Short Term Rental Location: 2847 Cleveland Boulevard Owner: Albert Lee Gutterman III Applicant: A. Lee Gutterman III Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Zach Schwager, Planner I A motion was made by Board Member Buttorff, seconded by Board Member Goatley, that a conditional use permit to allow a short term rental of a dwelling unit that is not the primary residence of the host (Land Development Code 4.2.63) be approved. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 10. 19-CUP-0269 Request: Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host Project Name: King short term rental Location: 2125 Baringer Avenue Owner/Applicant: Amanda King Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Buttorff, seconded by Board Member Goatley, that a conditional use permit to allow short term rental of a dwelling unit that is not the primary residence of the host in an R-5B zoning district and Traditional Neighborhood Form District.be approved. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Goatley, and Jagoe No: 2- Leanhart, and Howard Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary February 3, 2020 11. 19-CUP-0270 Request: Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host Project Name: Noonan short term rental Location: 332 Kenilworth Road Owner/Applicant: Mary Luke Noonan Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Goatley, seconded by Board Member Buttorff, that a 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 Neighborhood Form District. be approved. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard 12. 20-CUP-0005 Request: Conditional Use Permit to allow a short term rental of a dwelling unit in the Traditional Neighborhood Zoning District. Project Name: S. Brook Short Term Rental Location: 1414 S. Brook Street Owner/Applicant Ashley Hall Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Nia Holt, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, a conditional use permit to allow short term rental of a dwelling unit located within the TNZD (LDC 4.2.63) be approved. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Goatley, Jagoe, Leanhart, and Howard Adjournment Louisville Metro Government Page 7