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Board of Zoning Adjustment

Monday, February 20, 2023 · 1:00 PM AM · Online Via Webex

TL;DR

The Louisville Metro Board of Zoning Adjustment held its regular meeting, addressing several land use and property development requests. The board approved multiple variances for residential property modifications and considered several conditional use permits for short-term rentals and transitional housing. Most agenda items were approved with minimal opposition.

Key Decisions

  • Transitional Housing on Dumesnil Street Passed (5-0)
  • Short-Term Rental on Coral Avenue Passed (4-1)
  • Freestanding Sign Variances on Breckenridge Lane Passed (5-0)
  • Short-Term Rental on S. Floyd Street Denied (5-0)
  • Variance for Addition on Rammers Avenue Passed (5-0)
Agenda PDF Minutes PDF

Agenda

  1. Untitled item
  2. Call To Order

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

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

    A motion was made by Member Howard, seconded by Member Horton that the February 6, 2023 Annual BOZA minutes be approved. The vote was as follows: YES: Members Horton, Howard, Leanhart and Bond ABSTAIN: Member Buttorff ABSENT: Members Ford and Vozos

  5. 2. Untitled item
    Planning Case

    A motion was made by Member Howard, seconded by Member Horton that the February 6, 2023 Regular BOZA minutes be approved. The vote was as follows: YES: Members Horton, Howard, Leanhart and Bond ABSTAIN: Member Buttorff ABSENT: Members Ford and Vozos

  6. Business Session
  7. 3. Request: Waiver of BOZA Policy 3.02.04 to allow a new application for Board action within one year of Board action on the same tract of property. Project Name: Glenview Avenue Variance Location: 2200 Glenview Avenue Owner/Applicant: Eron Jaber Jurisdiction: Louisville Metro Council District: 16 - Scott Reed Case Manager: Amy Brook, Planner I
    Planning Case

    A motion was made by Member Howard to GRANT the waiver. The motion failed due to lack of a second. A motion was made by Member Buttorff, seconded by Member Leanhart to DENY a Waiver of BOZA Policy 3.02.04 to allow a new application for Board action within one year of Board action on the same tract of property. The vote was as follows: YES: Members Buttorff, Leanhart and Bond ABSTAIN: Members Horton and Howard ABSENT: Members Ford and Vozos

  8. 4. Request: A modified variance to allow a principal structure to encroach more than 30% into the required rear yard setback . Project Name: Rudy Lane Variance Location: 623 Rudy Lane Owner: Loretta and Kurt Showalter Applicant: Zach Schwager Jurisdiction: Louisville Metro Council District: 7- Paula McCraney Case Manager: Amy Brooks, Planner I
    Planning Case

    A motion was made by Member Howard, seconded by Member Leanhart that the Modified Variance from Land Development Code section 5.4.2.A.2.a to allow a structure to encroach into the required rear yard setback be approved. The vote was as follows: YES: Members Buttorff, Horton, Howard, Leanhart and Bond ABSENT: Members Ford and Vozos

  9. Public Hearing
  10. 5. Request: CONTINUED FROM 05/01/23 BOZA - A Modified Conditional Use Permit for a Scrap Metal Recycling and Storage Facility. Project Name: River Metals Recycling Location: 2110 Metal Ln, 2045 River Rd, 2114 Metal Ln, 2300 Metal Ln, 2255 Metal Ln, and 2601 River Green Cir. Owner: River Metals Recycling, Inc. Applicant: River Metals Recycling, Inc. Representative: Nick Nicholson, Stoll Keenon Ogden, PLLC Jurisdiction: Louisville Metro Council District: 4 - Jecorey Arthur Case Manager: Chris French, AICP, Planning Supervisor
    Planning Case

    A motion was made by Member Leanhart, seconded by Member Leanhart to CONTINUE this case to the April 10, 2023 BOZA meeting. The vote was as follows: YES: Members Buttorff, Horton, Howard, Leanhart and Bond ABSENT: Members Ford and Vozos

  11. 6. Request: Appeal of an administrative decision regarding a zoning enforcement action. Project Name: East Whitney Avenue Appeal Location: 114 East Whitney Avenue Owner: Glen E. Kerns Appellant: Glen E. Kerns Representative: Harry B. O’Donnell IV Jurisdiction: Louisville Metro Council District: 21 - Nicole George Case Manager: Chris French, Planning Supervisor
    Planning Case

    A motion was made by Member Howard, seconded by Member Horton that the Appeal of an administrative decision regarding a zoning enforcement action be overturned. The vote was as follows: YES: Members Buttorff, Horton, Howard, Leanhart and Bond ABSENT: Members Ford and Vozos

  12. 7. Request: Variance to allow an addition encroach into the side yard setback and a waiver to not provide the required landscape buffer area Project Name: Bardstown Road Variance and Waiver Location: 1331 Bardstown Road Owner/Applicant: Charles Podgursky - C.R.P. & Associates, INC. Jurisdiction: Louisville Metro Council District: 8 - Cassie Armstrong Case Manager: Molly Clark, Planner II
    Planning Case

    A motion was made by Member Leanhart, seconded by Member Buttorff that the Waiver from Land Development Code Section 10.2.10.A to not provide the required 5 ft LBA between any lot containing a VUA and a non-residentially zoned lot with a first floor residential use. (22-WAIVER-0114) be approved. The vote was as follows: YES: Members Buttorff, Horton, Howard, Leanhart and Bond ABSENT: Members Ford and Vozos A motion was made by Member Leanhart, seconded by Member Buttorff that the Variance to allow an addition to encroach into the 6 ft side yard setback by 2.8 ft for proposed buildings constructed adjacent to an existing building which has a window. (23-VARIANCE-0014) be approved. The vote was as follows: YES: Members Buttorff, Horton, Howard, Leanhart and Bond ABSENT: Members Ford and Vozos

  13. 8. Request: Variance to allow a private yard area to be less than the required 20% of the area of the lot and a Variance to allow a primary structure to exceed the maximum front yard setback. Continued to a date uncertain from the 4/24/2023 BOZA Meeting. Project Name: Rear Mulberry Street Variances Location: 917 R. Mulberry Street Owner: MBS Remodeling LLC Applicant: Jamie Barnes Jurisdiction: Louisville Metro Council District: 15- Jennifer Chappell Case Manager: Amy Brooks, Planner I
    Planning Case

    A motion was made by Member Howard, seconded by Member Horton to CONTINUE this case to the April 24, 2023 BOZA meeting to allow the applicant time to address concerns of the Board and neighbors. The vote was as follows: YES: Members Buttorff, Horton, Howard, Leanhart and Bond ABSENT: Members Ford and Vozos

  14. 9. Request: Variance to allow a second story addition encroach into the side yard setback and a variance to allow the second story addition to exceed maximum height based on infill standards. Project Name: Rammers Avenue Variance Location: 1209 Rammers Avenue Owner/Applicant: Andrew Max Balliet Jurisdiction: Louisville Metro Council District: 6 - Phillip Baker Case Manager: Molly Clark, Planner II
    Planning Case

    A motion was made by Member Howard, seconded by Member Leanhart that the Variance from Land Development Code section 5.2.2 to allow a second story to encroach into the required 3 ft setback and a Variance from Land Development Code section 5.1.12 to allow a second story to exceed the maximum height based on infill standards. The vote was as follows: YES: Members Buttorff, Horton, Howard, Leanhart and Bond ABSENT: Members Ford and Vozos

  15. 10. Request: Waiver of BOZA Policy 3.02.04 to allow a new application for Board action within one year of Board action on the same tract of property. Project Name: Northwestern Parkway Fence Location: 2503 Northwestern Parkway Owner/Applicant: Billy Simpson Jurisdiction: Louisville Metro Council District: 5-Donna Purvis Case Manager: Amy Brook, Planner I
    Planning Case

    A motion was made by Member Howard, seconded by Member Buttorff 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 front yard setback be DENIED. The vote was as follows: YES: Members Buttorff, Horton, Howard, Leanhart and Bond ABSENT: Members Ford and Vozos

  16. 11. Request: A variance to allow an accessory structure to encroach into the front yard setback and a variance to exceed the maximum fence height in the required front yard setback . Project Name: Harmon Court Variance Location: 2503 Northwestern Pky Owner: Kelly Rodriguez Britt and Daniel Rodriguez Applicant: Daniel Rodriguez Jurisdiction: Louisville Metro Council District: 10- Pat Mulvihill Case Manager: Amy Brooks, Planner I
    Planning Case

    A motion was made by Member Buttorff, seconded by Member Howard that the Variance from the Land Development Code Table 5.3.1 to allow an accessory structure to encroach into the required front yard setback and the Variance from Land Development Code section 4.4.3.A.1.a.i to allow a fence to exceed the maximum allowed height in a front yard setback be approved. The vote was as follows: YES: Members Buttorff, Horton, Howard and Bond NO: Member Leanhart ABSENT: Members Ford and Vozos

  17. 12. Request: VARIANCE 1 to permit a freestanding sign to exceed area standards. VARIANCE 2 to permit a freestanding sign to exceed height standards. Project Name: Freestanding Sign Variances Location: 2935 Breckenridge Lane Owner: Triple M Investments Applicant: Signarama Dixie Jurisdiction: Louisville Metro Council District: 26 - Brent Ackerson Case Manager: Beth Jones, AICP, Planner II
    Planning Case

    A motion was made by Member Buttorff, seconded by Member Howard that VARIANCE 1 to permit a freestanding sign to exceed area standards (LDC 8.3.2 Regional Center) and VARIANCE 2 to permit a freestanding sign to exceed height standards (LDC 8.3.2 Regional Center) be approved. The vote was as follows: YES: Members Buttorff, Horton, Howard, Leanhart and Bond ABSENT: Members Ford and Vozos

  18. 13. Request: Conditional Use Permit to allow a transitional home in the R-6 Residential Multi-Family zoning district with a landscape waiver Project Name: Dumesnil Transitional House Location: 2735 Dumesnil Street Owner: New Directions Housing Corp Applicant: New Directions Housing Corp Jurisdiction: Louisville Metro Council District: 1 - Tammy Hawkins Case Manager: Molly Clark, Planner II
    Planning Case

    A motion was made by Member Leanhart, seconded by Member Howard that the Waiver from section 10.2.4 of the Land Development Code to not provide the perimeter landscape buffer areas and screening adjacent to residentially zoned property. (23-WAIVER-0012) be approved. The vote was as follows: YES: Members Buttorff, Horton, Howard, Leanhart and Bond ABSENT: Members Ford and Vozos A motion was made by Member Leanhart, seconded by Member Howard that the Conditional Use Permit to allow a transitional home in the R-6 Residential Multi-Family zoning district Land Development Code (LDC) 4.2.55 (22-CUP-0394) be approved. The vote was as follows: YES: Members Buttorff, Horton, Howard, Leanhart and Bond ABSENT: Members Ford and Vozos

  19. 14. Request: Conditional Use Permit to allow a transitional home in the R-6 Residential Multi-Family zoning district with a landscape waiver Project Name: Olive Street Transitional House Location: 1369 Olive Street Owner: New Directions Housing Corp Applicant: New Directions Housing Corp Jurisdiction: Louisville Metro Council District: 1 - Tammy Hawkins Case Manager: Molly Clark, Planner II
    Planning Case

    A motion was made by Member Howard, seconded by Member Leanhart that the Waiver from section 10.2.4 of the Land Development Code to not provide the perimeter landscape buffer areas and screening adjacent to residentially zoned property. (23-WAIVER-0013) be approved. The vote was as follows: YES: Members Buttorff, Horton, Howard, Leanhart and Bond ABSENT: Members Ford and Vozos A motion was made by Member Howard, seconded by Member Buttorff that the Conditional Use Permit to allow a transitional home in the R-6 Residential Multi-Family zoning district Land Development Code (LDC) 4.2.55 (22-CUP-0395) be approved. The vote was as follows: YES: Members Buttorff, Horton, Howard, Leanhart and Bond ABSENT: Members Ford and Vozos

  20. 15. Request: Conditional Use Permit for short term rental of a dwelling unit that is not the primary residence of the host Project Name: Coral Avenue Short Term Rental Location: 196 Coral Avenue Owner: KCE Properties LLC Applicant: Christopher Esterle Jurisdiction: Louisville Metro Council District: 9- Andrew Owen Case Manager: Heather Pollock, Planner I
    Planning Case

    A motion was made by Member Howard, seconded by Member Buttorff 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-5 Single Family Zoning District and Traditional Neighborhood Form District be approved. The vote was as follows: YES: Member Howard NO: Members Leanhart and Bond ABSTAIN: Member Buttorff ABSENT: Members Ford and Vozos NEED ANOTHER MOTION AND VOTE A motion was made by Member Howard, seconded by Member Buttorff 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-5 Single Family Zoning District and Traditional Neighborhood Form District, having a maximum of 6 guests per unit, be approved. The vote was as follows: YES: Members Buttorff, Horton, Howard and Bond NO: Member Leanhart ABSENT: Members Ford and Vozos

  21. 16. Request: Conditional Use Permit for short term rental of a dwelling unit that is not the primary residence of the host in the TNZD zoning district. Project Name: S. Floyd Street Short Term Rental Location: 1332 S. Floyd Street Owner: Conrad & Kassandra Boyd Applicant: Conrad & Kassandra Boyd Jurisdiction: Louisville Metro Council District: 6- Phillip Baker Case Manager: Heather Pollock, Planner I
    Planning Case

    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 Traditional Neighborhood Zoning District, (TNZD), and Traditional Neighborhood Form District be denied. The vote was as follows: YES: Members Buttorff, Horton, Howard, Leanhart and Bond ABSENT: Members Ford and Vozos

  22. 17. Request: Conditional Use Permit for short term rental of a dwelling unit that is not the primary residence of the host Project Name: Sale Avenue Short Term Rental Location: 1358 Sale Avenue Owner: Limitless Properties LLC Applicant: Chris Nilest Jurisdiction: Louisville Metro Council District: 15- Jennifer Chappell Case Manager: Amy Brooks, Planner I
    Planning Case

    A motion was made by Member Howard, seconded by Member Buttorff that the Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host in the R-5 single family residential zone and Traditional Neighborhood form district be approved. The vote was as follows: YES: Member Buttorff, Horton, Howard, Leanhart and Bond ABSENT: Members Ford and Vozos

  23. Adjournment