Board of Zoning Adjustment

Agenda

1. Untitled item
2. Call To Order

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

3. Approval Of Minutes
4. 1. Approval of the minutes of the March 6, 2023 Board of Zoning Adjustment meeting.
   Minutes

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

5. Business Session
6. 2. Request: Second Extension of Expiration for a Conditional Use Permit to allow mini-warehouses in C-2 zoning Project Name: The Storage Project Sycamore Station Location: 12550 Sycamore Station Pl Owner: TSP Sycamore Station, LLC Applicant: Dwayne Hunt Representative: Jamie Cox, Vixe Cox & Townsend, PLLC Jurisdiction: Louisville Metro Council District: 11 - Kevin Kramer Case Manager: John Michael Lawler, Planner I
   Planning Case

   A motion was made by Member Howard, seconded by Member Ford that the extension of expiration be extended to August 16, 2025. The vote was as follows: YES: Members Buttorff, Ford, Horton, Howard, Vozos and Bond ABSENT: Member Leanhart

7. 3. Request: Amendments to the BOZA Bylaws and Policies Case Manager: Chris French, AICP, Planning Supervisor
   Planning Case

   A motion was made by Member Howard, seconded by Member Ford that the Amendments to the BOZA Bylaws and Policies be approved. The vote was as follows: YES: Members Buttorff, Ford, Horton, Howard, Vozos and Bond ABSENT: Member Leanhart

8. Public Hearing
9. 4. Request: A variance to allow a proposed lot to have less than 20% private yard area. Project Name: Algonquin Parkway Variance Location: 1740 Algonquin Parkway Owner: Closky Properties, LLC Applicant: Todd Willett, Willett & Associates Land Surveying, INC. Jurisdiction: Louisville Metro Council District: 3 - Kumar Rashad Case Manager: Molly Clark, Planner II
   Planning Case

   A motion was made by Member Buttorff, seconded by Member Horton that this case be continued to the April 10, 2023 BOZA meeting to allow the applicant time to provide elevations and renderings. The vote was as follows: YES: Members Buttorff, Ford, Horton, Howard, Vozos and Bond ABSENT: Member Leanhart

10. 5. Request: A variance from Section 5.3.5.C.3.a to allow off-street parking to encroach 10’ into the required front yard setback Project Name: Hampton Inn Location: 400 Bullitt Ln Owner: RB Properties IV, LLC Applicant: Musselman Hotels, LLC Representative: John Addington Jurisdiction: Louisville Metro Council District: 7 - Paula McCraney Case Manager: John Michael Lawler, Planner I
    Planning Case

    A motion was made by Member Horton, seconded by Member Howard that the Variance from Section 5.3.5.C.3.a to allow off-street parking to encroach 10’ into the required front yard setback be approved. The vote was as follows: YES: Members Buttorff, Ford, Horton, Howard, Vozos and Bond ABSENT: Member Leanhart

11. 6. Request: Variance to allow a primary structure to exceed the maximum infill front yard setback. Project Name: Memory Lane Variance Location: 6811 Memory Lane Owner: Ben Ofokile Applicant: Ben Ofokile Jurisdiction: Louisville Metro Council District: 12- Rick Blackwell Case Manager: Amy Brooks, Planner I
    Planning Case

    A motion was made by Member Howard, seconded by Member Vozos that the Variance from the Land Development Code Section 5.1.12. A.2 to allow a principal structure to exceed the maximum front yard setback as established by infill regulations be approved. The vote was as follows: YES: Members Ford, Horton, Howard, Vozos and Bond NO: Member Buttorff ABSENT: Member Leanhart

12. 7. Request: A variance to allow exterior stairs and landings to encroach into the side yard setback. Project Name: Sherwood Avenue Variance Location: 2082 Sherwood Avenue Owner: Angie Kinser and David Armstrong Applicant: Anne Delprince Jurisdiction: Louisville Metro Council District: 8-Vacant Case Manager: Amy Brooks, Planner I
    Planning Case

    A motion was made by Member Howard, seconded by Member Ford that Variance from the Land Development Code Table 5.2.2 to allow a structure to encroach into the side yard setback be approved. The vote was as follows: YES: Members Buttorff, Ford, Horton, Howard, Vozos and Bond ABSENT: Member Leanhart

13. 8. Request: Variance to allow a private yard area to be less than the required 30% of the area of the lot. Project Name: Garland Avenue Variance Location: 4344 Garland Avenue Owner: Jeffery and Natalie Hancox Applicant Jeffery Hancox Jurisdiction: Louisville Metro Council District: 5-Donna Purvis Case Manager: Amy Brooks Planner I
    Planning Case

    A motion was made by Member Buttorff, seconded by Member Howard that the 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: Members Buttorff, Ford, Horton, Howard, Vozos and Bond ABSENT: Member Leanhart

14. 9. Request: Building Height Variance Project Name: Farm Credit Mid-America Location: 12501 Lakefront Place Owner: Farm Credit Mid-America FLCA Applicant: Farm Credit Mid-America FLCA Representative: Milestone Design Group Jurisdiction: City of Jeffersontown/Louisville Metro Council District: 11 - Kevin Kramer Case Manager: Julia Williams, AICP, Planning Manager
    Planning Case

    A motion was made by Member Howard, seconded by Member Buttorff that the Variance from 5.3.4.D.4.a to permit a building height of 59’ instead of the required 50’ for a 9’ variance be approved. The vote was as follows: YES: Members Buttorff, Ford, Horton, Howard, Vozos and Bond ABSENT: Member Leanhart

15. 10. Request: Conditional Use Permit for Short Term Rental of a Dwelling Unit That is Not the Primary Residence of the Host Project Name: O’ Daniel Avenue Short Term Rental Location: 1724 O’ Daniel Avenue Owner: O’ Daniel Avenue Properties LLC Applicant: Dean Hedges Jurisdiction: Louisville Metro Council District: 10- Pat Mulvihill Case Manager: Amy Brooks, Planner I
    Planning Case

    A motion was made by Member Vozos, 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 an R-5 zoning district and Neighborhood Form District be approved. The vote was as follows: YES: Members Buttorff, Ford, Horton, Howard, Vozos and Bond ABSENT: Member Leanhart

16. 11. Request: Conditional Use Permit for Short Term Rental of a Dwelling Unit That is Not the Primary Residence of the Host Project Name: Lynnview Avenue Short Term Rental Location: 4319 Ridgeview Avenue Owner/Applicant: Darys Properties 90, LLC Representative: Darien Barrera & Jennifer Suarez Jurisdiction: Louisville Metro Council District: 1 - Tammy Hawkins Case Manager: Heather Pollock, 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 a dwelling unit that is not the primary residence of the host in the R-4 single family zoning district and Neighborhood form district be approved. The vote was as follows: YES: Members Buttorff, Ford, Horton, Howard, Vozos and Bond ABSENT: Member Leanhart

17. 12. Request: Conditional Use Permit for an accessory dwelling unit Project Name: Tyler Lane Accessory Dwelling Unit Location: 2215 Tyler Lane Owner/Applicant: Robert and Anne Kluttz Representative: Cliff Ashburner Jurisdiction: Louisville Metro Council District: 8 - 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 an Accessory Dwelling Unit in the R-4 Single Family zoning district and the Neighborhood form district. (LDC 4.2.3) be approved. The vote was as follows: YES: Members Ford and Vozos NO: Members Buttorff, Horton, Howard and Bond ABSENT: Member Leanhart THE MOTION FAILED A motion was made by Member Howard to DENY. The motion was WITHDRAWN A motion was made by Member Buttorff to DENY. The motion was WITHDRAWN A motion was made by Member Buttorff, seconded by Member Horton that this case be continued to the April 10, 2023 BOZA meeting to allow the applicant time to amend the conditions of approval. The vote was as follows: YES: Members Buttorff, Ford, Horton, Howard, Vozos and Bond ABSENT: Member Leanhart

18. 13. Request: Conditional Use Permit for Short Term Rental of a Dwelling Unit That is Not the Primary Residence of the Host Project Name: Burton Avenue Short Term Rental Location: 701 Burton Avenue Owner: JNP Rentals LLC Applicant: Jessy Pardue Jurisdiction: Louisville Metro Council District: 3-Kumar Rashad Case Manager: Amy Brooks, Planner I
    Planning Case

    A motion was made by Member Buttorff, seconded by Member Vozos 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-6 multi- family residential zone and Traditional Neighborhood form district be approved. The Condition of Approval will be changed to reflect 6 guests allowed instead of 8. The vote was as follows: YES: Members Buttorff, Ford, Horton, Howard, Vozos and Bond ABSENT: Member Leanhart

19. 14. Request: Conditional Use Permit for Short Term Rental of a Dwelling Unit That is Not the Primary Residence of the Host Project Name: Parkway Drive Short Term Rental Location: 1000 Parkway Drive Owner/Applicant: GV Capital Investments, LLC. Representative: Victor Sandusky Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Molly Clark, Planner II
    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 an existing single family home in the R-5 Single Family residential zone and Neighborhood Form District be approved. The vote was as follows: YES: Members Buttorff, Ford, Horton, Howard, Vozos and Bond ABSENT: Member Leanhart

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: Meadowcreek Drive Short Term Rental Location: 1060 Meadowcreek Drive Owner/Applicant: Kylepost, LLC. Representative: Kyle Post Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Molly Clark, Planner II
    Planning Case

    A motion was made by Member Ford, 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 an existing single family home in the R-5 Single Family residential zone and Neighborhood Form District be approved. The vote was as follows: YES: Members Buttorff, Ford, Horton, Howard, Vozos and Bond ABSENT: Member Leanhart

21. 16. 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 Howard, seconded by Member Ford that this case be continued to the April 24, 2023 BOZA meeting. The vote was as follows: YES: Memers Buttorff, Ford, Horton, Howard, Vozos and Bond ABSENT: Member Leanhart

22. Adjournment