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Board of Zoning Adjustment

Regular Meeting

Louisville, KY · March 2, 2020

AgendaMinutes

Minutes

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, March 2, 2020 1:00 PM Old Jail Auditorium Call To Order Present: 5- Board Member Richard Buttorff, Board Member Lester Turner Jr., Board Member LiAndrea Goatley, Board Member Kim Leanhart, and Board Member Lula Howard Absent: 1- Board Member Lindsey Jagoe Approval Of Minutes 1. BOZA_Minutes_02.03.20 Approval of the REVISED Minutes from the February 3, 2020 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Goatley, that the REVISED Minutes from the February 3, 2020 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Goatley, Leanhart, and Howard Absent: 1- Jagoe 2. BOZA_Minutes_02.17.20 Approval of the Minutes from the February 17, 2020 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Goatley, that the Minutes from the February 17, 2020 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Goatley, Leanhart, and Howard Absent: 1- Jagoe Abstain: 1- Buttorff Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary March 2, 2020 3. 20-VARIANCE-0009 Request: Variance to allow a structure to encroach into the front yard setback on an infill lot. Project Name: Watterson Trl Variance Location: 8101 Watterson Trail Owner/Applicant: Terry Hill Jurisdiction: Louisville Metro Council District: 11 - Kevin Kramer Case Manager: Nia Holt, Planner I A motion was made by Board Member Buttorff, seconded by Board Member Leanhart, that Case Number 20-VARIANCE-0009, Variance from Land Development Code Section 5.1.12.B.2.e to allow a structure to encroach into the front yard setback on an infill lot, be DENIED. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Goatley, Leanhart, and Howard Absent: 1- Jagoe 4. 19-CUP-0284 Request: Conditional Use Permit for a short term rental of one dwelling unit of a duplex that is not the primary residence of the host within the Traditional Neighborhood Zoning District. Project Name: East St. Catherine Street STR Location: 214 East St. Catherine Street Owner/Applicant: Dione Amirkhan Attorney: Nick Pregliasco 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 Turner, that Case Number 19-CUP-0284, Conditional Use Permit to allow short term rental of one dwelling unit of a duplex that is not the primary residence of the host in a Traditional Neighborhood Zoning District and Traditional Neighborhood Form District be APPROVED, with RELIEF from Standard 4D, and SUBJECT to one Condition of Approval. The motion carried by the following vote: Yes: 4- Turner, Goatley, Leanhart, and Howard No: 1- Buttorff Absent: 1- Jagoe Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary March 2, 2020 5. 19-CUP-0286 Request: THIS CASE IS BEING CONTINUED TO 3/16/20 Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host Project Name: Bass short term rental Location: 1213 Central Avenue Owner/Applicant: Soul Proprietorship, LLC Jurisdiction: Louisville Metro Council District: 6 - David James 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-0286 be CONTINUED to the March 16, 2020 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Goatley, Leanhart, and Howard Absent: 1- Jagoe 6. 19-CUP-0288 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: William Street Short Term Rental Location: 124 William Street Owner: Btree Properties, LLC Applicant: Jacob Branch - Btree Properties, LLC Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19-CUP-0288, 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 DENIED. The motion carried by the following vote: Yes: 3- Buttorff, Leanhart, and Howard No: 2- Turner, and Goatley Absent: 1- Jagoe Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary March 2, 2020 7. 19-CUP-0289 Request: Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host Project Name: Bischof short term rental Location: 1894 Douglas Boulevard Owner/Applicant: David Bischof Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Goatley, seconded by Board Member Buttorff, that Case Number 19-CUP-0289, 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, SUBJECT to one Condition of Approval. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Goatley, Leanhart, and Howard Absent: 1- Jagoe 8. 20-CUP-0003 Request: Conditional Use Permit for a short term rental of a dwelling unit that is the primary residence of the host within the Traditional Neighborhood Zoning District. Project Name: South Third Street Location: 1450 South Third Street Owner/Applicant: James Miller 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 Leanhart, that Case Number 20-CUP-0003, Conditional Use Permit to allow short term rental of a dwelling unit that is the primary residence of the host in a Traditional Neighborhood Zoning District and Traditional Neighborhood Form District, be APPROVED, SUBJECT to one Condition of Approval. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Goatley, Leanhart, and Howard Absent: 1- Jagoe Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary March 2, 2020 9. 20-CUP-0004 Request: Conditional Use Permit to allow a short term rental of a dwelling unit in the Traditional Neighborhood Zoning District. Project Name: Ormsby Ct Short Term Rental Location: 1240 Ormsby Court Owner/Applicant Teresa Lajara & Arlene Grullon 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 Goatley, that Case Number 20-CUP-0004, Conditional Use Permit to allow short term rental of a dwelling unit located within the TNZD (LDC 4.2.63), be APPROVED, SUBJECT to one Condition of Approval. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Goatley, Leanhart, and Howard Absent: 1- Jagoe 10. 20-CUP-0032 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host within the Traditional Neighborhood Zoning District. Project Name: Myrtle Street Location: 610 Myrtle Street Owner/Applicant: BNDF, LLC, Nancy Wilkinson 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 Buttorff, that Case Number 20-CUP-0032, Conditional Use Permit to allow short term rental of a single family dwelling unit that is not the primary residence of the host in a Traditional Neighborhood Zoning District, be APPROVED, with RELIEF from Standard 4D. The motion carried by the following vote: Yes: 3- Buttorff, Turner, and Goatley No: 2- Leanhart, and Howard Absent: 1- Jagoe Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary March 2, 2020 11. 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 Leanhart, that Case Number 19-APPEAL-0004, Appeal of an administrative decision regarding nonconforming rights, be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Goatley, Leanhart, and Howard Absent: 2- Buttorff, and Jagoe Adjournment Prior to adjournment, Chair Howard announced that there will be no Special BOZA Meeting on March 30, 2020. Louisville Metro Government Page 6

Agenda

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Agenda Board of Zoning Adjustment Monday, March 2, 2020 1:00 PM Old Jail Auditorium Call To Order Approval Of Minutes 1. BOZA_Minutes_02.03.20 Approval of the REVISED Minutes from the February 3, 2020 Board of Zoning Adjustment meeting. Attachments: BOZA_Minutes_02.03.20_REVISED.pdf 2. BOZA_Minutes_02.17.20 Approval of the Minutes from the February 17, 2020 Board of Zoning Adjustment meeting. Attachments: BOZA_Minutes_02.17.20.pdf Public Hearing 3. 20-VARIANCE-0009 Request: Variance to allow a structure to encroach into the front yard setback on an infill lot. Project Name: Watterson Trl Variance Location: 8101 Watterson Trail Owner/Applicant: Terry Hill Jurisdiction: Louisville Metro Council District: 11 - Kevin Kramer Case Manager: Nia Holt, Planner I Attachments: 20-VARIANCE-0009_SitePlan.pdf 20-Variance-0009_Staff Pres.ppt 20-VARIANCE-0009_Staff Report_BOZA.pdf 20-VARIANCE-0009_Elevation.pdf 20-VARIANCE-0009_Justification.pdf 20-VARIANCE-0009_Photos.pdf Louisville Metro Government Page 1 Printed on 2/26/2020 Board of Zoning Adjustment Agenda March 2, 2020 4. 19-CUP-0284 Request: Conditional Use Permit for a short term rental of one dwelling unit of a duplex that is not the primary residence of the host within the Traditional Neighborhood Zoning District. Project Name: East St. Catherine Street STR Location: 214 East St. Catherine Street Owner/Applicant: Dione Amirkhan Attorney: Nick Pregliasco Jurisdiction: Louisville Metro Council District: 6 -David James Case Manager: Steve Hendrix, Planning and Design Coordinator Attachments: 19-CUP-0284 Staff .ppt 19-CUP-0284 staff report .pdf 5. 19-CUP-0286 Request: THIS CASE IS BEING CONTINUED TO 3/16/20 Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host Project Name: Bass short term rental Location: 1213 Central Avenue Owner/Applicant: Soul Proprietorship, LLC Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Jon E. Crumbie, Planning & Design Coordinator Attachments: 19-CUP-0286_Power Point_030220.ppt 19-CUP-0286_Staff Report_030220.pdf 19-CUP-0286_Applicant Information.pdf Louisville Metro Government Page 2 Printed on 2/26/2020 Board of Zoning Adjustment Agenda March 2, 2020 6. 19-CUP-0288 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: William Street Short Term Rental Location: 124 William Street Owner: Btree Properties, LLC Applicant: Jacob Branch - Btree Properties, LLC Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Zach Schwager, Planner I Attachments: 19-CUP-0288_Staff Pres.ppt 19-CUP-0288_Staff Report_BOZA 030220.pdf 19-CUP-0288_600ftJustification.pdf 19-CUP-0288_BedroomPhotosAdditionalPhotos.pdf 19-CUP-0288_LetterofExplanation.pdf 19-CUP-0288_NeighborhoodMeetingInfo.pdf 7. 19-CUP-0289 Request: Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host Project Name: Bischof short term rental Location: 1894 Douglas Boulevard Owner/Applicant: David Bischof Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Jon E. Crumbie, Planning & Design Coordinator Attachments: 19-CUP-0289_Power Point_030220.ppt 19-CUP-0289_Staff Report_030220.pdf 19-CUP-0289_Applicant Information.pdf 8. 20-CUP-0003 Request: Conditional Use Permit for a short term rental of a dwelling unit that is the primary residence of the host within the Traditional Neighborhood Zoning District. Project Name: South Third Street Location: 1450 South Third Street Owner/Applicant: James Miller Jurisdiction: Louisville Metro Council District: 6 -David James Case Manager: Steve Hendrix, Planning and Design Coordinator Attachments: staff report 20-CUP-0003.pdf 20-CUP-0003 _Staff .ppt Louisville Metro Government Page 3 Printed on 2/26/2020 Board of Zoning Adjustment Agenda March 2, 2020 9. 20-CUP-0004 Request: Conditional Use Permit to allow a short term rental of a dwelling unit in the Traditional Neighborhood Zoning District. Project Name: Ormsby Ct Short Term Rental Location: 1240 Ormsby Court Owner/Applicant Teresa Lajara & Arlene Grullon Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Nia Holt, Planner I Attachments: 20-CUP-0004_Staff .ppt 20-CUP-0004_1240 Ormsby_Staff Rpt.pdf 20-CUP-0004_BedroomPhotos.pdf 20-CUP-0004_Letter_NghMtg.pdf 10. 20-CUP-0032 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host within the Traditional Neighborhood Zoning District. Project Name: Myrtle Street Location: 610 Myrtle Street Owner/Applicant: BNDF, LLC, Nancy Wilkinson Jurisdiction: Louisville Metro Council District: 6 -David James Case Manager: Steve Hendrix, Planning and Design Coordinator Attachments: Staff Report.pdf 20-CUP-0032 .ppt 11. 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 Attachments: 19-APPEAL-0004_Power Point_030220.ppt 19-APPEAL-0004_Staff_Report_03022020 .pdf 19-APPEAL-0004_New Applicant Information.pdf 19-APPEAL-0004_New Staff Research_030220.pdf Adjournment Louisville Metro Government Page 4 Printed on 2/26/2020 Board of Zoning Adjustment Agenda March 2, 2020 Louisville Metro Government Page 5 Printed on 2/26/2020