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Board of Zoning Adjustment

Monday, February 6, 2023 · 1:00 PM AM · Online Via Webex

TL;DR

The Louisville Metro Board of Zoning Adjustment held a meeting to review multiple zoning variance and conditional use permit requests for various properties. The board approved most requests, including modifications to property setbacks and fence heights, but denied two short-term rental permits for residential properties.

Key Decisions

  • Variance for Brownsboro Road property to reduce rear yard setback Passed (6-0)
  • Conditional Use Permit for Elderserve adult care center Passed (6-0)
  • Short-term rental at Cawein Way Denied (4-2)
  • Short-term rental at N. Wenzel Street Denied (5-1)
  • Conditional Use Permit for Hosparus medical facility Passed (6-0)
Agenda PDF Minutes PDF

Agenda

  1. Untitled item
  2. Call To Order

    The following Board Members were present: Ford, Horton, Howard, Leanhart, Vozos and Bond The following Board Members were absent: Buttorff

  3. Approval Of Minutes
  4. 1. Untitled item
    Planning Case

    A motion was made by Member Howard, seconded by Member Ford that the January 23, 2023 BOZA minutes be approved. The vote was as follows: YES: Ford, Horton, Howard, Leanhart, Vozos and Bond ABSENT: Buttorff

  5. Public Hearing
  6. 2. Request: A modified variance to further reduce the rear yard setback Project Name: 9903 Brownsboro Rd Location: 9903 Brownsboro Rd Owner: BR Investors, LLC Applicant: Bowman Consulting Group, Ltd Jurisdiction: Louisville Metro Council District: 17- Markus Winkler Case Manager: Clara Schweiger, Planner I
    Planning Case

    A motion was made by Member Howard, seconded by Member Vozos that the a modified variance of Land Development Code section 5.3.3.C.2.b to further reduce the rear yard setback from 30’ to 8’ for a variance of 22’ on lot 3 be approved. The vote was as follows: YES: Ford, Horton, Howard, Leanhart, Vozos and Bond ABSENT: Buttorff

  7. 3. Request: A modified variance to exceed the maximum fence height in the street side yard setback. Project Name: Bristol Oaks Court Variance Location: 8701 Bristol Oaks Court Owner: Thomas and Kim Solomon Applicant: Kim Solomon Jurisdiction: Louisville Metro Council District: 26- Brent Ackerson Case Manager: Amy Brooks, Planner I
    Planning Case

    A motion was made by Member Ford, seconded by Member Horton that the Variance from Land Development Code section 4.4.3.A.1.a.i to allow a fence to exceed 48 inches in height in the street side yard setbacks be approved. The vote was as follows: YES: Ford, Horton, Howard, Leanhart, Vozos and Bond ABSENT: Buttorff

  8. 4. Request: A variance to reduce the required 30% private yard area and to reduce the 3 ft side yard setback Project Name: Youngland Ave Variance Location: 1727 Youngland Avenue Owner: Eric Johnson Applicant: Michael Marsh Jurisdiction: Louisville Metro Council District: 3 - Vacant Case Manager: Molly Clark, Planner II
    Planning Case

    A motion was made Member Howard, seconded by Member Leanhart that the Variance from the Land Development Code Table 5.2.2 to allow a primary structure to encroach into the side yard setback and a Variance from Land Development Code section 5.4.1.D.2 to allow a private yard area to be less than the required 30% of the area of the lot be approved. The vote was as follows: YES: Ford, Horton, Howard, Leanhart, Vozos and Bond ABSENT: Buttorff

  9. 5. Request: Variances Project Name: Speckman Retail Addition Location: 719 & 721 Speckman Road Owner/Applicant: Speckman Commercial LLC Jurisdiction: City of Middletown Council District: 19- Anthony Piagentini Case Manager: Julia Williams, AICP, Planning Supervisor
    Planning Case

    A motion was made by Member Howard, seconded by Member Leanhart that the Variance from Chapter 5.3.1.C.5 to reduce the minimum 10’ setback to 3’ in front of 2 parking spaces (7’ variance) and a Variance from Chapter 5.3.1.C.5 to eliminate the 30’ non-residential to residential setback along the east property line be approved. The vote was as follows: YES: Ford, Horton, Howard, Leanhart, Vozos and Bond ABSENT: Buttorff

  10. 6. Request: A variance to allow a primary structure to encroach into the side yard setback. Project Name: Mockingbird Valley Drive Variance Location: 34 Mockingbird Valley Drive Owner/Applicant: Hoedt Fitz Schultze Representative: Trey Ferrara, LD&D, INC Jurisdiction: Louisville Metro Council District: 16- Scott Reed Case Manager: Amy Brooks, Planner I
    Planning Case

    A motion was made by Member Leanhart, seconded by Member Howard that the Variance from the Land Development Code Table 5.3.1 to allow a structure to encroach into the side yard setback be approved. The vote was as follows: YES: Ford, Horton, Howard, Leanhart, Vozos and Bond ABSENT: Buttorff

  11. 7. Request: A variance to allow a primary structure to encroach into the side yard setbacks. Project Name: Stannye Drive Variance Location: 2321 Stannye Drive Owner: Andrew Noland Applicant: Todd Shelburne Jurisdiction: Louisville Metro Council District: 16- Scott Reed Case Manager: Amy Brooks, Planner I
    Planning Case

    A motion was made by Member Howard, seconded by Member Leanhart that the Variance from the Land Development Code Table 5.3.1 to allow a second story addition encroach into the required side yard setback in R-3 be approved. The vote was as follows: YES: Ford, Horton, Howard, Leanhart, Vozos and Bond ABSENT: Buttorff

  12. 8. Request: Conditional Use Permit for a Hospital/Medical Clinic with Relief from a Condition and a Variance Project Name: Hosparus Location: 2900, 2902, 2903, 2904, 2905 Stonehaven Court; 3522, 3524, 3526, 3528, 3532 Ephraim McDowell Drive; 2917 Abigail Drive Owner: Hosparus, Inc. Applicant: Hosparus, Inc. Representative: Land Design and Development Jurisdiction: Louisville Metro Council District: 8 - Cassie Chambers Armstrong Case Manager: Jay Luckett, AICP, Planner II
    Planning Case

    A motion was made by Member Howard, seconded by Member Vozos that the Variance from Land Development Code Table 5.3.2 to permit a maintenance building and dumpster enclosure to encroach into the 30-foot non-residential to residential setback by up to 20 feet as shown on the development plan be approved. The vote was as follows: YES: Ford, Horton, Howard, Leanhart, Vozos and Bond ABSENT: Buttorff A motion was made by Member Howard, seconded by Member Leanhart that the Conditional Use Permit per Land Development Code section 4.2.29 to permit a hospital/medical clinic with relief from Condition of Approval (B) in order to permit buildings to be closer to the property line than 30 feet as shown on the development plan be approved. The vote was as follows: YES: Ford, Horton, Howard, Leanhart, Vozos and Bond ABSENT: Buttorff

  13. 9. Request: Conditional Use Permit for an adult care center Project Name: Elderserve Location: 631 South 28th Street Owner: Elderserve, Inc. Applicant: Elderserve, Inc. Representative: Frost Brown Todd, LLP Jurisdiction: Louisville Metro Council District: 5 - Donna Purvis Case Manager: Chris French, AICP, Planning Supervisor
    Planning Case

    A motion was made by Member Horton, seconded by Member Howard that the Conditional Use Permit to allow an adult care center in the R-6 zoning district and Traditional Neighborhood form district be approved. The vote was as follows: YES: Ford, Horton, Howard, Leanhart, Vozos and Bond ABSENT: Buttorff

  14. 10. Request: Conditional Use Permit for short term rental of a dwelling unit that is not the primary residence of the host Project Name: Cawein Way Short Term Rental Location: 3202 Cawein Way Owner: Luke Neubauer Applicant: Luke Neubauer Jurisdiction: Louisville Metro Council District: 26 - Brent Ackerson Case Manager: Chris French, AICP, Planning Supervisor
    Planning Case

    A motion was made by Member Howard, seconded by Member Horton that the Conditional Use Permit to allow short term rental of dwelling unit that is not the primary residence of the host be denied. The vote was as follows: YES: Ford, Horton, Howard and Leanhart NO: Vozos and Bond ABSENT: Buttorff

  15. 11. Request: Conditional Use Permit for short term rental of a dwelling unit that is not the primary residence of the host Project Name: Rodman Street Short Term Rental Location: 2717 Rodman Street Owner: Agape Realty LLC Applicant: Brian Bouser Jurisdiction: Louisville Metro Council District: 3-Vacant Case Manager: Amy Brooks, Planner I
    Planning Case

    A motion was made by Member Vozos, seconded by Member Ford that the Conditional Use Permit to allow short term rental of dwelling unit that is not the primary residence of the host in a single family home in the R6 Multi-family residential zone and Traditional Neighborhood form district be approved. The vote was as follows: YES: Ford, Horton, Howard, Leanhart, Vozos and Bond ABSENT: Buttorff

  16. 12. Request: Conditional Use Permit for short term rental of a dwelling unit that is not the primary residence of the host. Project Name: N. Wenzel Street Short Term Rental Location: 111 N. Wenzel Street Owner: Butcher Block Properties, LLC Applicant: Andy Blieden Representative: Kelli Jones, Sabak, Wilson & Lingo, INC Jurisdiction: Louisville Metro Council District: 4 - Jecorey Arthur Case Manager: Heather Pollock, Planner I
    Planning Case

    A motion was made by Member Howard to approve the Conditional Use Permit to allow short term rental of dwelling unit that is not the primary residence of the host in the R-6 Multi-Family Zoning District and Traditional Neighborhood Form District. The motion died due to lack of a second. A motion was made by Member Leanhart, seconded by Member Horton that the Conditional Use Permit to allow short term rental of dwelling unit that is not the primary residence of the host in the R-6 Multi-Family Zoning District and Traditional Neighborhood Form District be denied. The vote was as follows: YES: Ford, Horton, Leanhart, Vozos and Bond NO: Howard ABSENT: Buttorff

  17. 13. Request: Appeal of an administrative decision regarding nonconforming rights. Project Name: Marie Street Appeal Location: 1433 Marie Street Owner: Anthony Sermersheim Appellant: Anthony Sermersheim Representative: Bardenwerper Talbot & Roberts, PLLC Jurisdiction: Louisville Metro Council District: 6 - Vacant Case Manager: Chris French, AICP, Planning Supervisor
    Planning Case

    A motion was made by Member Leanhart, seconded by Member Howard to grant the non-conforming rights. The vote was as follows: YES: Ford, Horton, Howard, Leanhart, Vozos and Bond ABSENT: Buttorff

  18. 14. Request: Appeal of an administrative decision regarding nonconforming rights - Continued from June 26, 2023 Meeting Project Name: Atterberry Court Appeal Location: 4607 Atterberry Ct Owner: Prospect Construction, LLC Appellant: Tom Sanders Jurisdiction: City of Shively Council District: 3 - Kumar Rashad Case Manager: Joseph Haberman, AICP, Planning Manager
    Planning Case

    A motion was made by Member Vozos, seconded by Member Howard to continue this case to the March 20, 2023 BOZA meeting. The vote was as follows: YES: Ford, Horton, Howard, Leanhart, Vozos and Bond ABSENT: Buttorff

  19. Adjournment