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 17, 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_Mins_020320 A motion was made by Board Member Turner, seconded by Board Member Jagoe, that the minutes from the February 3, 2020 Board of Zoning Adjustment meeting be APPROVED WITH CORRECTIONS as provided to staff. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart Public Hearing 2. 19-VARIANCE-0075 Request: Variance and Waiver for sign size and number Project Name: Apartment Building Signage Location: 2400S. 4th Street Owner: Aptitude 4th Street LLC Applicant: Signarama Northeast Louisville Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Turner, seconded by Board Member Goatley, that Case Number 19-VARIANCE-0075, Variance to permit attached signage to exceed maximum area permitted (LDC Table 8.3.1), be APPROVED. The motion carried by the following vote: Yes: 3- Turner, Goatley, and Howard Absent: 3- Buttorff, Jagoe, and Leanhart A motion was made by Board Member Turner, seconded by Board Member Goatley, that Case Number 19-VARIANCE-0075 (19-WAIVER-0104), Waiver to permit the number of signs to exceed the maximum permitted (LDC Table 8.3.1), be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary February 17, 2020 Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart 3. 20-VARIANCE-0005 Request: Variance to allow a principle structure to encroach into the side yard setback. Project Name: Rainbow Variance Location: 2950 Rainbow Drive Owner: Michael & Hilary Dix Applicant: Beverly Baker Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Nia Holt, Planner I A motion was made by Board Member Goatley, seconded by Board Member Turner, that Case Number 20-VARIANCE-0005, Variance from Land Development Code Table 5.3.1 to allow a principle structure to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart 4. 20-VARIANCE-0006 Request: Variance to allow a structure to encroach into the street side yard setback in the R-4 Zoning District. Project Name: Hubbards Variance Location: 400 N. Hubbards Lane Owner/Applicant: David & Ruth Esterle Jurisdiction: City of St. Matthews 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 Case Number 20-VARIANCE-0006, Variance from St. Matthew's Land Development Code Section 4.6 to allow a structure to encroach into the required street side yard in the R-4 Single Family Residential Zoning District, 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 Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary February 17, 2020 5. 20-VARIANCE-0008 Request: Variance to allow a 6-foot fence to be placed along a portion of Parkside Vista Lane street side yard Project Name: Parkside at Mt. Washington Location: 7101 Mt. Washington Road Owner/Applicant: Ball Homes, LLC Jurisdiction: Louisville Metro Council District: 23 - James Peden Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Turner, seconded by Board Member Goatley, that Case Number 20-VARIANCE-0008, Variance from Land Development 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 4 feet in height, 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 6. 19-CUP-0174 Request: Conditional Use Permit for outdoor alcohol sales and consumption for restaurant in the C-1 zoning district Project Name: Oxmoor Center West 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 Turner, seconded by Board Member Jagoe, that Case Number 19-CUP-0174, Conditional Use Permit for outdoor alcohol sales and consumption for restaurant in the C-1 Zoning District (LDC 4.2.41), be APPROVED, 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 3 Board of Zoning Adjustment Action Summary February 17, 2020 A motion was made by Board Member Goatley, seconded by Board Member Turner, to AMEND Condition of Approval Number 2 for Case Number 19-CUP-0174 as follows: 2. The Conditional Use Permit shall be "exercised" as described in KRS 100.237 within two years of the Board's vote on this case. If the Conditional Use Permit is not so exercised, the site shall not be used for outdoor alcohol sales and consumption without further review and approval by the Board. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart 7. 19-CUP-0253 Request: Conditional Use Permit to allow transitional housing Project Name: The Bradford House Location: 2639 Virginia Ave Owner/Applicant: Everett Bradford Jurisdiction: Louisville Metro Council District: 1 - Jessica Green 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-0253, Conditional Use Permit for Transitional Housing, be APPROVED, with RELIEF from Standard #1 and Standard #5, and SUBJECT to five Conditions of Approval. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart 8. 19-CUP-0279 Request: Conditional Use Permit, Category 3, Variances, and Waivers to allow improvements to the Jewish Community Center property Project Name: Jewish Community Center of Louisville Location: 3600 Dutchmans Lane Owner: Jewish Community Association of Louisville, Inc. Applicant: Jewish Community Center of Louisville Jurisdiction: Louisville Metro Council District: 26 - Brent Ackerson 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-CUP-0279, Conditional Use Permit to allow a private institutional use, be APPROVED, with RELIEF from Standard 4A and Standard 4C, 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 4 Board of Zoning Adjustment Action Summary February 17, 2020 Absent: 2- Buttorff, and Leanhart A motion was made by Board Member Turner, seconded by Board Member Goatley, that Case Number 19-CUP-0279, Category 3 Review, be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart A motion was made by Board Member Turner, seconded by Board Member Goatley, that Case Number 19-CUP-0279, Variances to allow proposed structure to exceed the maximum setback and to allow parking the required yards, be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart A motion was made by Board Member Turner, seconded by Board Member Goatley, that Case Number 19-CUP-0279, Waiver to eliminate the required landscape buffer area, be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart 9. 19-CUP-0261 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: Grant Avenue Short Term Rental Location: 3226 Grant Avenue Owner: HIEROFALCON GROUP LLC Applicant: Brandon Bennett - HIEROFALCON GROUP LLC Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Zach Schwager, Planner I A motion was made by Board Member Goatley, seconded by Board Member Jagoe, that Case Number 19-CUP-0261, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host (LDC 4.2.63), 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 February 17, 2020 10. 19-CUP-0267 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: Goss Avenue Short Term Rental 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 Jagoe, seconded by Board Member Goatley, that Case Number 19-CUP-0267, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host (LDC 4.2.63), 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 11. 19-CUP-0280 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: Goss Avenue Short Term Rental Location: 957 Goss Avenue Owner: SDE Investments, LLC Applicant: Jonathan Klunk - Key Source Properties 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 Goatley, that Case Number 19-CUP-0280, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host (LDC 4.2.63), 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 6 Board of Zoning Adjustment Action Summary February 17, 2020 12. 19-CUP-0277 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: 432 M Street Location: 432 M Street Owner/Applicant: Puro Domum LLC., by Larry Bolton Host: Chill House LLC. , Alexandria Bolton Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Jagoe, seconded by Board Member Turner, that Case Number 19-CUP-0277, 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 APPROVED. The motion carried by the following vote: Yes: 4- Turner, Goatley, Jagoe, and Howard Absent: 2- Buttorff, and Leanhart 13. 19-CUP-0275 Request: Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host Project Name: Weiter short term rental Location: 612 Atwood Street Owner/Applicant: James Weiter 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 Jagoe, that Case Number 19-CUP-0275, 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. The motion carried by the following vote: Yes: 3- Goatley, Jagoe, and Howard No: 1- Turner Absent: 2- Buttorff, and Leanhart Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary February 17, 2020 14. 19-APPEAL-0004 Request: Appeal of an Administrative Decision Project Name: Powell Avenue Appeal Location: 3744 Powell Avenue Appellant: R. Louis Hobbs Representative: R. Louis Hobbs Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Goatley, seconded by Board Member Jagoe, that Case Number 19-APPEAL-0004, Appeal of an administrative decision regarding nonconforming rights, be CONTINUED to the March 2, 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 Adjournment Louisville Metro Government Page 8