Board of Zoning Adjustment

Online Via Webex Louisville Metro Government Action Summary Board of Zoning Adjustment Monday, July 6, 2020 1:00 PM Online Via Webex Call To Order Present: 5- Board Member Richard Buttorff, Board Member Lindsey Jagoe, Board Member Michael Seale, Board Member Kim Leanhart, and Board Member Lula Howard Approval Of Minutes 1. BOZA_Minutes_06.29.20 Approval of the Minutes from the June 29, 2020 Board of Zoning Adjustment Special online meeting A motion was made by Board Member Seale, seconded by Board Member Buttorff, that the Minutes from the June 29, 2020 Board of Zoning Adjustment Special online meeting be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Seale, Leanhart, and Howard Business Session 2. 20-MCUP-0004 Request: Modification of the Conditional Use Permit to allow the hours of operation to be 24 hours a day, seven days a week Project Name: Hours of Operation Location: 2673 Outer Loop Owner/Applicant: Waste Management of Kentucky, by Marie Burnett, Manager Representative: Greg Ehrhard, Stites & Harbison, PLLC Council District: 13 - Mark Fox Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Seale, seconded by Board Member Buttorff, to APPROVE Case Number 20-MCUP-0004, Modification of the Conditional Use Permit Listed Requirement to allow the hours of operation to be from: 4:00 am – 12:00 am 7 days a week, the Gas/Energy Plant 24 hours a day, 7 days a week and Special Circumstances: 24/7 Operation Kentucky Derby weekend State Fair Floods, natural disasters, emergency cleanups and other extraordinary events The motion carried by the following vote, SUBJECT to the existing Conditions of Approval: Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary July 6, 2020 Yes: 5- Buttorff, Jagoe, Seale, Leanhart, and Howard Public Hearing 3. 20-VARIANCE-0002 Request: Variance to allow a proposed structure to exceed maximum infill height and to reduce required private yard Project Name: Cherokee Springs Location: 1576 Cherokee Rd Owner/Applicant: Cherokee Springs, LLC Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Jay Luckett, AICP, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 20-VARIANCE-0002, Variance from Land Development Code Section 5.4.1.D.2 to reduce the required private yard area from 30% to 0%, and Variance (20-VARIANCE-0003) from Land Development Code Section 5.1.12.A.2.d to exceed the maximum allowable infill height by 5’9” from 44’ to 49’9, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Seale, Leanhart, and Howard 4. 20-VARIANCE-0054 Request: Variance to allow an accessory structure to encroach into the required side yard setbacks Project Name: Frankfort Avenue Variance Location: 1830 Frankfort Avenue Owner/Applicant: Randell Scott Simmons 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 Leanhart, that Case Number 20-VARIANCE-0054, Variance from Land Development Code Section 5.1.10.F to allow an accessory structure to encroach into the required side yard setbacks, be APPROVED, SUBJECT to a Condition of Approval. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Seale, Leanhart, and Howard Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary July 6, 2020 5. 20-CUP-0027 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: Wendell Avenue Short Term Rental Location: 2632 Wendell Avenue Owners/Applicants: Rory Gillman & Emily Beckman Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Zach Schwager, Planner I A motion was made by Board Member Buttorff, seconded by Board Member Seale, that Case Number 20-CUP-0027, Conditional Use Permit to allow a short term rental of a dwelling unit that is not the primary residence of the host (LDC 4.2.63), be APPROVED, SUBJECT to a Condition of Approval. The motion carried by the following vote: Yes: 5- Buttorff, Jagoe, Seale, Leanhart, and Howard 6. 20-CUP-0038 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: Rawlings Short Term Rental Location: 546 Rawlings Street Owner/Applicant: Sally Miller Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Nia Holt, Planner I A motion was made by Board Member Seale, seconded by Board Member Leanhart, that Case Number 20-CUP-0038, Conditional Use Permit to allow a 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: 5- Buttorff, Jagoe, Seale, Leanhart, and Howard 7. 20-CUP-0066 Request: Conditional Use Permit to allow to allow a boarding house in a single-family zoning district Project Name: Elliott Avenue Boarding House Location: 2709 Elliott Avenue Owner: Concordia, Inc Applicant: Susan Lawrence - Concordia, Inc Jurisdiction: Louisville Metro Council District: 5 - Donna Purvis Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Seale, that Case Number 20-CUP-0066, Conditional Use Permit for Boarding and Lodging Houses (LDC 4.2.11), be APPROVED, SUBJECT to Conditions of Approval. The motion carried by the following vote: Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary July 6, 2020 Yes: 5- Buttorff, Jagoe, Seale, Leanhart, and Howard Adjournment Louisville Metro Government Page 4