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Board of Zoning Adjustment

Monday, April 24, 2023 · 1:00 PM AM · Old Jail Courtroom

TL;DR

The Board of Zoning Adjustment held its regular meeting, primarily focusing on various variance requests and conditional use permits for properties across Louisville Metro. Multiple short-term rental permits were considered, with most being approved and one being denied, while several property development projects received zoning adjustments.

Key Decisions

  • Waste Management Landfill Expansion Approved
  • Trinity High School Tennis Court Fence Variances Approved
  • Short-Term Rental at Parkland Court Denied
  • Thornton's Gas Station Variance at Brownsboro Road Approved
  • New Life Directions Ministries Dixie Highway Property Setback Variance Approved
Agenda PDF Minutes PDF

Agenda

  1. Untitled item
  2. Call To Order
  3. Approval Of Minutes
  4. 1. Approval of the minutes of the April 10, 2023 Board of Zoning Adjustment meeting.
    Minutes
    Action: approved Passed

    A motion was made by Member Vozos, seconded by Member Horton, that the minutes of the April 10, 2023 regular meeting of the Board of Zoning Adjustment be approved. The motion carried by the following vote:

  5. Business Session
  6. 2. Request: Variance to allow a principal structure to encroach into the side yard setback. Project Name: 3rd Street Variance Location: 2909 S. 3rd Street Owner: Mary Campbell and Christopher Fitzgerald Applicant: Kyle Onan, Creek Alley Contracting, LLC Jurisdiction: Louisville Metro Council District: 15- Jennifer Chappell Case Manager: Amy Brooks, Planner I
    Planning Case
    Action: approved Passed

    A motion was made by Member Vozos, seconded by Member Buttorff, that the case be approved. The motion carried by the following vote:

  7. 3. Request: Modified Conditional Use Permit for a Landfill Project Name: Waste Management Addition Location: 2673 Outer Loop Owner/Applicant: Waste Management of Kentucky, LLC Representative: Stite & Harbison, PLLC. Jurisdiction: Louisville Metro Council District: 13 - Dan Seum, Jr. Case Manager: Molly Clark, Planner II
    Planning Case
    Action: approved Passed

    A motion was made by Member Buttorff, seconded by member Horton, that the case be approved. The motion carried by the following vote:

  8. Public Hearing
  9. 4. Request: A variance to reduce the rear yard setback from 25 feet to 15 feet for the construction of three townhomes Project Name: 6024 Shean Court Variance Location: 6024 Shean Court Owner: Shean Court, LLC Applicant: Shean Court, LLC Representative: Chris Crumpton Jurisdiction: Louisville Metro Council District: 22 - Robin Engel Case Manager: John Michael Lawler, Planner I
    Planning Case
    Action: continued Passed

    A motion was made by Member Buttorff, seconded by Member Vozos, that the case be continued to a date uncertain. The motion carried by the following vote:

  10. 5. 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
    Action: continued Passed

    A motion was made by Member Vozos, seconded by Member Horton, that the case be continued to the May 15, 2023 BOZA meeting. The motion carried by the following vote:

  11. 6. Request: A variance to allow structures and parking to encroach into the required side yard setback. Project Name: New Life Directions Ministries Dixie Apartments Variance Location: 10615 Dixie Highway Owner/Applicant: New Life Directions Ministries Representative: Kelli Jones, Sabak, Wilson, and Lingo, Inc. Jurisdiction: Louisville Metro Council District: 25- Khalil Batshon Case Manager: Amy Brooks, Planner I
    Planning Case
    Action: approved Passed

    A motion was made by Member Vozos, seconded by Member Buttorff, that the requested Variance from the Land Development Code section 5.3.2.C.2.b to allow a principal structure and parking to encroach into the required side yard setback, AND the requested Variance from the Land Development Code section 5.5.5.to allow an accessory structure to encroach into the required side yard setback, be approved. The motion carried by the following vote:

  12. 7. Request: Variance to not build to the corner in the Town Center Form District Project Name: Proposed Thornton’s Gas Station Location: 4900 Brownsboro Road Owner: 4900 Brownsboro Road, LLC Applicant: Thorntons, LLC Representative: Dinsmore & Shohl, LLP Jurisdiction: Louisville Metro Council District: 7 - Paula McCraney Case Manager: Molly Clark, Planner II
    Planning Case
    Action: approved Passed

    A motion was made by Member Buttorff, seconded by Member Vozos, that the case be approved. The motion carried by the following vote:

  13. 8. Request: Conditional Use Permit for Private Proprietary Club and Variances Project Name: Trinity High School Tennis Courts Location: 150 Sears Avenue Owner: Trinity High School Foundation Applicant: Trinity High School Foundation Representative: Land Design & Development Jurisdiction: City of St. Matthews Council District: 9 - Andrew Owen Case Manager: Dante St. Germain, AICP, Planner II
    Planning Case
    Action: approved Passed

    A motion was made by Member Vozos, seconded by Member Buttorff, that the requested Variance from Article 9, Section 9.1.B.1.a to permit a fence to exceed 4’ in height in the front yard setback (requested: 6’, required: 4’, variance of 2’) (23-VARIANCE-0006); AND the requested Variance from Article 9, Section 9.1.B.1.a to permit a fence to exceed 4’ in height in the street side yard setback (requested: 10’, required: 4’, variance of 6’) (23-VARIANCE-0007), be approved. The motion carried by the following vote:

  14. 9. 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: 3005 Rodman Street Owner/Applicant: Magnolia & Pine, LLC Representative: Shelby & Evan Lamb Jurisdiction: Louisville Metro Council District: 3 - Kumar Rashad Case Manager: Heather Pollock, Planner I
    Planning Case
    Action: approved Passed

    A motion was made by Member Horton, seconded by Member Vozos, that the case be approved. The motion carried by the following vote:

  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: Parkland Court Short Term Rental Location: 12004 Parkland Court Owner/Applicant: Greg & Stephanie Virgin Representative: Michael Marks, Wetterer & Clare Jurisdiction: City of Middletown Council District: 19 - Anthony Piagentini Case Manager: Heather Pollock, Planner I
    Planning Case
    Action: denied Passed

    A motion was made by Member Vozos, seconded by Member Buttorff, that the case be denied. The motion carried by the following vote:

  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: Wallace Avenue Short Term Rental Location: 2403 Wallace Avenue Owner/Applicant: Brandon & Jennifer Tolman Jurisdiction: Louisville Metro Council District: 8 - Ben Reno-Weber Case Manager: Heather Pollock, Planner I
    Planning Case
    Action: approved Passed

    A motion was made by Member Buttorff, seconded by Member Vozos, that the case be approved. The motion carried by the following vote:

  17. 12. Request: Conditional Use Permit for Short Term Rental of a Dwelling Unit That is Not the Primary Residence of the Host Project Name: Somber Way Short Term Rental Location: 3006 Somber Way Owner/Applicant: Ashley & Michael Kimble Jurisdiction: Louisville Metro Council District: 26 - Brent Ackerson Case Manager: Heather Pollock, Planner I
    Planning Case
    Action: approved Passed

    A motion was made by Member Vozos, seconded by Member Horton, that the case be approved. The motion carried by the following vote:

  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: Marwood Place Short Term Rental Location: 3921 Marwood Place Owner/Applicant: B&B Properties LOU, LLC Representative: Donna Baugh Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Molly Clark, Planner II
    Planning Case
    Action: approved Passed

    A motion was made by Member Horton, seconded by Member Buttorff, that the case be approved. The motion carried by the following vote:

  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: Deer Park Avenue Short Term Rental Location: 1610 Deer Park Avenue Owner/Applicant: Jack and Donna Heil Representative: Jack and Donna Heil Jurisdiction: Louisville Metro Council District: 8 - Benjamin Reno-Weber Case Manager: Amy Brooks, Planner I
    Planning Case
    Action: approved Passed

    A motion was made by Member Buttorff, seconded by Member Vozos, that the case be approved. The motion carried by the following vote:

  20. 15. 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
    Action: continued Passed

    A motion was made by Member Buttorff, seconded by Member Horton, that the case be continued to the May 15, 2023 BOZA meeting. The motion carried by the following vote:

  21. 16. Request: Short Term Rental Host Residency Hearing Project Name: Host Ty Walston Location: 2509 Top Hill Rd Owner: 2509 TH Land Trust Applicant: n/a Representative: Ty Walston Jurisdiction: Louisville Metro Council District: 9 - Andrew Owen Case Manager: Joseph Haberman, Planning & Design Manager
    Planning Case
    Action: approved Passed

    A motion was made by Member Buttorff, seconded by Member Vozos, that the Board does hereby accept staff's determination in the staff report. The motion carried by the following vote:

  22. 17. Request: Short Term Rental Host Residency Hearing Project Name: Host William Thomas Nutt Location: 1505 E Breckinridge St Owner: 1505 East Breckenridge Street Land Trust Applicant: n/a Representative: William Thomas Nutt Jurisdiction: Louisville Metro Council District: 8 - Ben Reno-Weber Case Manager: Joseph Haberman, Planning & Design Manager
    Planning Case
    Action: continued

    A motion was made by Member Buttorff, seconded by Member Horton, that the case be continued to the May 1, 2023 BOZA meeting. The motion carried by the following vote:

  23. Adjournment

    The meeting adjourned at 7:45 p.m.

  24. 24 Untitled item
    Action: approved Passed

    A motion was made by Member Vozos, seconded by Member Buttorff, that a residency hearing shall be held for Wayne Gallavin at the May 15, 2023 BOZA meeting. The motion carried by the following vote:

  25. 25 Untitled item
    Action: approved Passed

    A motion was made by Member Vozos, seconded by Member Buttorff, that the requested Conditional Use Permit be approved. The motion carried by the following vote: