Board of Zoning Adjustment

Online Via Webex Louisville Metro Government Action Summary Board of Zoning Adjustment Monday, February 15, 2021 1:00 PM Online Via Webex Call To Order Present: 5- Board Member Lindsey Jagoe, Board Member Sharon Bond, Board Member Richard Buttorff, Board Member Lula Howard, and Board Member Michael Seale Absent: 1- Board Member Kim Leanhart Approval Of Minutes 1. BOZA_Min_02.01.21 Approval of the Minutes from the February 1, 2021 Board of Zoning Adjustment Annual Meeting. Approval of the Minutes from the February 1, 2021 Board of Zoning Adjustment Regular Meeting. A motion was made by Vice Chair Seale, seconded by Board Member Bond, that the Minutes from the 2/1/21 Board of Zoning Adjustment Annual Meeting be APPROVED. The motion carried by the following vote: Yes: 4- Jagoe, Bond, Howard, and Seale Absent: 1- Leanhart Abstain: 1- Buttorff A motion was made by Vice Chair Seale, seconded by Board Member Bond, that the Minutes from the 2/1/21 Board of Zoning Adjustment Regular meeting be APPROVED. The motion carried by the following vote: Yes: 4- Jagoe, Bond, Howard, and Seale Absent: 1- Leanhart Abstain: 1- Buttorff Business Session Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary February 15, 2021 2. 20-CUP-0141 Request: Waive the 1 year rule to allow the applicant to submit a new plan for the construction of an accessory apartment Project Name: Hager Accessory Apartment Location: 105 Dorsey Way Owner/Applicant: Edward Hager, III Jurisdiction: Louisville Metro Council District: 18 - Marilyn Parker Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Vice Chair Seale, seconded by Board Member Bond, that Case Number 20-CUP-0141, Request to Waive the 1 year rule to allow the applicant to submit a new plan for the construction of an accessory apartment, be APPROVED. The motion carried by the following vote: Yes: 5- Jagoe, Bond, Buttorff, Howard, and Seale Absent: 1- Leanhart Public Hearing 3. 20-VARIANCE-0166 Request: Variance and waivers to allow a drive-thru lane to encroach into the required side yard setback, to not provide the 25ft landscape buffer area and to allow VUA to encroach into the parkway buffer area Project Name: Bardstown Road Variance Location: 7701 & 7703 Bardstown Rd Owner/Applicant: Newton Enterprises, LLC/Emily Estes Jurisdiction: Louisville Metro Council District: 22 - Robin Engel Case Manager: Rachel Mandell, Planner I A motion was made by Vice Chair Seale, seconded by Board Member Buttorff, that Case Number 20-VARIANCE-0166, Variance from Land Development Code Table 5.3.2 to allow a proposed drive thru lane to encroach into the required side yard setback, be APPROVED, SUBJECT to a Condition of Approval. The motion carried by the following vote: Yes: 5- Jagoe, Bond, Buttorff, Howard, and Seale Absent: 1- Leanhart A motion was made by Vice Chair Seale, seconded by Board Member Buttorff, that Case Number 20-VARIANCE-0166 (20-WAIVER-0132), Waiver from 10.2.4 to not provide the 25 ft. landscape buffer area between a commercial use and residentially zoned property, and Waiver from 10.3.5.A.7 to allow vehicular use area to encroach into the required parkway buffer area be APPROVED. The motion carried by the following vote: Yes: 5- Jagoe, Bond, Buttorff, Howard, and Seale Absent: 1- Leanhart Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary February 15, 2021 4. 20-VARIANCE-0179 Request: Variance to allow an addition to an existing accessory structure to encroach into the required side yard setback Project Name: Keswick Boulevard Variance Location: 2407 Keswick Boulevard Owner/Applicant: David Sullivan 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 Bond, that Case Number 20-VARIANCE-0179, Variance from Land Development Code Section 5.4.2.C.3.a to allow an addition to an existing accessory structure to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: 5- Jagoe, Bond, Buttorff, Howard, and Seale Absent: 1- Leanhart 5. 21-VARIANCE-0003 Request: Variance to allow a fence in the street side yard setback to exceed 48 inches in height in the Neighborhood Form District Project Name: Lincoln Avenue Variance Location: 1500 Lincoln Avenue Owner: Good Measure Homes, LLC Applicant: Michael Stevens - Good Measure Homes, LLC Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Zach Schwager, Planner I A motion was made by Vice Chair Seale, seconded by Board Member Buttorff, that Case Number 21-VARIANCE-0003, Variance from Land Development Code Section 4.4.3.A.1.a.i to allow a fence in the street side yard setback in a Neighborhood Form District to exceed 48 inches in height (Street Side Yard Requirement 48 in., Request (as amended and agreed to by the applicant) 60 in., Variance (as amended and agreed to by the applicant) 12 in.), be APPROVED. NOTE: This approval allows the fence at the rear property line to be 84 inches in height. The motion carried by the following vote: Yes: 5- Jagoe, Bond, Buttorff, Howard, and Seale Absent: 1- Leanhart Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary February 15, 2021 6. 20-NONCONFORM-0034 Request: Change in Nonconforming Use from a Pool Supply Company to Sixteen Dwelling Units Project Name: Franklin Street Change in Nonconformance Location: 935 Franklin St. Owner: Hilltech Properties LTD Applicant: Clifford Ashburner Jurisdiction: Louisville Metro Council District: 4 - Jecorey Arthur Case Manager: Rachel Mandell, Planner I NOTE: Board Member Jagoe left the meeting at approximately 3:30 p.m. A motion was made by Board Member Buttorff, seconded by Vice Chair Seale, that Case Number 20-NONCONFORM-0034, Change in nonconforming use from a pool supply company to sixteen dwelling units, be APPROVED. The motion carried by the following vote: Yes: 4- Bond, Buttorff, Howard, and Seale Absent: 2- Jagoe, and Leanhart 7. 20-CUP-0160 Request: Conditional Use Permit to allow short term rental of a dwelling unit in the TNZD that is the primary residence of the host Project Name: Sreenivas short term rental Location: 1386 South 6th Street Owner/Applicant: Aruna Sreenivas Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Bond, seconded by Board Member Buttorff, that Case Number 20-CUP-0160 be CONTINUED to a DATE UNCERTAIN. The motion carried by the following vote: Yes: 4- Bond, Buttorff, Howard, and Seale Absent: 2- Jagoe, and Leanhart Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary February 15, 2021 8. 20-APPEAL-0009 Request: Appeal of an administrative decision concerning nonconforming rights for the rear portion of the building to be used as multi-family Project Name: West Chestnut Street Appeal Location: 2601 West Chestnut Street Owner(s): Jean Manganero Appellant: Katheryn Higgins Jurisdiction: Louisville Metro Council District: 5 - Donna Purvis Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Vice Chair Seale, seconded by Board Member Buttorff, that Case Number 20-APPEAL-0009 be CONTINUED to the March 1, 2021 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 4- Bond, Buttorff, Howard, and Seale Absent: 2- Jagoe, and Leanhart Adjournment Louisville Metro Government Page 5