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Board of Zoning Adjustment

Monday, June 5, 2023 · 1:00 PM AM · Old Jail Courtroom

TL;DR

The Board of Zoning Adjustment held a meeting to review multiple property-related requests, including variances for fence heights, building setbacks, and land use. Several property owners received approval for modifications to their properties, while two short-term rental requests were denied.

Key Decisions

  • Heartland Dental Variance for Building Setbacks Approved
  • Short-Term Rental at 2106 New Main Street Denied
  • Conditional Use Permit for Evangel World Prayer Center Expansion Approved
  • Short-Term Rental at Rammers Avenue Denied
  • Short-Term Rental at Euclid Avenue 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 May 15, 2023 Board of Zoning Adjustment meeting.
    Minutes
    Action: approved Passed

    A motion was made by Member Ford, seconded by Member Horton, that the minutes of the May 15, 2023 regular meeting of the Board of Zoning Adjustment be approved. The motion carried by the following vote:

  5. Public Hearing
  6. 2. Request: Variance for a fence to exceed the maximum height of 4’ in the street side yards and be 6’ in height Project Name: 7708 Whitfield Drive Location: 7708 Whitfield Drive Owner: Lianet Reinoso Representative: Lianet Reinoso Jurisdiction: Louisville Metro Council District: 26 - Brent Ackerson Case Manager: Joel Dock, AICP, Planning Supervisor
    Planning Case
    Action: continued Passed

    A motion was made by Member Leanhart, seconded by Member Howard, that the case be continued to the July 10, 2023 BOZA meeting. The motion carried by the following vote:

  7. 3. Request: Variances to encroach into front and street-side yards Project Name: Heartland Dental Location: 100 Marshall Dr Owner: TT of B Louisville, Inc. Applicant: Heartland Dental Jurisdiction: Louisville Metro Council District: 9 - Andrew Owen Case Manager: Jay Luckett, AICP, Planner II
    Planning Case
    Action: approved Passed

    A motion was made by Member Howard, seconded by Member Leanhart, that the requested Variance from Land Development Code section 5.3.1 and Table 5.3.2 to permit the structure to encroach into the 10-foot front yard setback along Shelbyville Rd as shown on the development plan, AND the requested Variance from Land Development Code section 5.1.12.B to permit parking and drive lanes to encroach into the infill street side yard setback along Marshall Dr as shown on the development plan, be approved. The motion carried by the following vote:

  8. 4. Request: Variances to allow a structure to encroach into the front yard setback. Project Name: Blue Wing Drive Carport Location: 7502 Blue Wing Drive Owner: Kimberly & Steven Brock Applicant: Kimberly Brock Jurisdiction: Louisville Metro Council District: 12 - Rick Blackwell Case Manager: Heather Pollock, Planner I
    Planning Case
    Action: approved Passed

    A motion was made by Member Ford, seconded by Member Howard, that the requested Variance from Land Development Code section 5.1.12.B.1.a to allow a structure to encroach into the infill front yard setback be approved. The motion carried by the following vote:

  9. 5. 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: approved Passed

    A motion was made by Member Howard, seconded by Member Ford, that the requested Variance from LDC Section 5.3.1 to reduce the rear yard setback from 25 feet to 15 feet for the construction of three townhomes (10’ variance) be approved. The motion carried by the following vote:

  10. 6. Request: A variance to allow a structure to encroach into the required side yard and rear yard setbacks. Project Name: Macon Avenue Variance Location: 530 Macon Avenue Owner: Joanie Samuel Applicant: William Feather Jurisdiction: Louisville Metro Council District: 9-Andrew Owen Case Manager: Amy Brooks, Planner I
    Planning Case
    Action: approved Passed

    A motion was made by Member Leanhart, seconded by Member Vozos, that the requested Variance from the Land Development Code Table 5.3.1 to allow an addition to encroach into the required side yard setback, AND the requested Variance from the Land Development Code Section 5.4.2.2.a to allow an addition to encroach into more than 30% of the required rear yard, be approved. The motion carried by the following vote:

  11. 7. Request: A variance to allow an accessory structure to encroach into required rear yard setback and a variance to allow a private yard area to be less than the required 20% of the area of the lot Project Name: Bassett Avenue Variance Location: 1229 Basset Avenue Owner: Jennifer and Brad Geier Applicant: Jennifer and Brad Geier 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 Howard, seconded by Member Leanhart, that the requested Variance from the Land Development Code section 5.4.1.E.2 to allow an accessory structure to encroach into the rear yard setback, AND the requested Variance from Land Development Code section 5.4.1.D.3 to allow a private yard area to be less than the required 20% of the area of the lot, be approved. The motion carried by the following vote:

  12. 8. Request: Variance to allow a primary structure to exceed the maximum infill front yard setback. Project Name: East Jefferson Street Variance Location: 1010 E. Jefferson Street Owner: Kyle Roshberg Applicant: Matt Eldridge Jurisdiction: Louisville Metro Council District: 4-Jecorey Arthur Case Manager: Amy Brooks, Planner I
    Planning Case
    Action: approved Passed

    A motion was made by Member Leanhart, seconded by Member Howard, that the requested Variance from the Land Development Code Section 5.1.12. A. 2.a to allow a principal structure to exceed the maximum front yard setback as established by infill regulations be approved. The motion carried by the following vote:

  13. 9. Request: Nonconforming Rights Application for a Storage Facility Project Name: Auto Repair Nonconforming rights Location: 2498 Ralph Avenue Owner: Jericho Cook Applicant: Jericho Cook Jurisdiction: City of Shively Council District: 3 - Kumar Rashad Presenter: Christopher French, AICP, Planning Supervisor Case Manager: Ian Sexton, Associate Planner
    Planning Case
    Action: continued Passed

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

  14. 10. Request: Nonconforming Rights for a packaged liquor store (no on-site alcohol consumption allowed). Project Name: Nonconforming rights Location: 1442 S 22nd Street Owner: Alem Tella & Asfash Zemariam Applicant: Daniel Hailemariam Jurisdiction: Louisville Metro Council District: Phillip Baker - District 6 Presenter Christopher French, AICP, Planning Supervisor Case Manager: Mark Pinto, Associate Planner
    Planning Case
    Action: approved Passed

    A motion was made by Member Vozos, seconded by Member Howard, that the requested nonconforming rights to operate a packaged liquor store (no on-site alcohol consumption allowed) be approved. The motion carried by the following vote:

  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: New Main Street Short Term Rental Location: 2106 New Main Street Owner/Applicant: Jonathan Gonzales Jurisdiction: Louisville Metro Council District: 9 -Andrew Owen Case Manager: Heather Pollock, Planner I
    Planning Case
    Action: denied Passed

    A motion was made by Member Ford, seconded by Member Howard, that the requested Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host in the R-5A Multi-Family zoning district and Traditional Neighborhood form district be denied. The motion carried by the following vote:

  16. 12. Request: Conditional Use Permit for Short Term Rental of a Dwelling Unit That is Not the Primary Residence of the Host (APPLICATION WITHDRAWN) Project Name: Weisser Ave Short Term Rental Location: 137 Weisser Avenue Owner: Cassidy Cook Representative: Cassidy Cook Jurisdiction: Louisville Metro Council District: 9- Andrew Owen Case Manager: Amy Brooks, Planner I
    Planning Case

    The applicant has withdrawn this request. No action was taken.

  17. 13. Request: Conditional Use Permit for a Private Institutional Use Project Name: Evangel World Prayer Expansion Location: 6900 Billtown Road Owner: Evangel World Prayer Center of Kentucky Representative: Land Development and Design, INC Jurisdiction: Louisville Metro Council District: 22 - Robin Engel Case Manager: Molly Clark, Planner II
    Planning Case
    Action: approved Passed

    A motion was made by Member Leanhart, seconded by Member Vozos, that the requested Conditional Use Permit to allow a private institutional use to construct a detached multipurpose/gymnasium be approved. The motion carried by the following vote:

  18. 14. Request: Conditional Use Permit for Short Term Rental of a Dwelling Unit That is Not the Primary Residence of the Host Project Name: Rammers Avenue Short Term Rental Location: 1229 Rammers Avenue Owner: Olga Vegvary Representative: Olga Vegvary Jurisdiction: Louisville Metro Council District: 6-Phillip Baker Case Manager: Amy Brooks, Planner I
    Planning Case
    Action: denied Passed

    A motion was made by Member Ford, seconded by Member Horton, that the requested 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 denied. The motion carried by the following vote:

  19. 15. Request: Conditional Use Permit for Short Term Rental of a Dwelling Unit That is Not the Primary Residence of the Host Project Name: Euclid Avenue Short Term Rental Location: 1050 Euclid Avenue Owner: Kimberly and Wesley Greathouse Representative: Kimberly and Wesley Greathouse Jurisdiction: Louisville Metro Council District: 6 - Phillip Baker Case Manager: Molly Clark, Planner II
    Planning Case
    Action: approved Passed

    A motion was made by Member Leanhart, seconded by Member Vozos, that the requested 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 Residential Zoning District and Traditional Neighborhood form district be approved. The motion carried by the following vote:

  20. 16. Request: CONTINUED FROM JUNE 5, 2023 BOZA MEETING - Conditional Use Permit for an accessory dwelling unit in R-5 single family zoning district with an associated variance Project Name: N. Crestmoor Accessory Dwelling Unit Location: 100 N. Crestmoor Avenue Owner: Lauren Riney & Michael Frank Applicant: Michael Frank Jurisdiction: Louisville Metro Council District: 9 -Andrew Owen Case Manager: Heather Pollock, Planner I
    Planning Case
    Action: continued Passed

    On a motion by Member Howard, seconded by Member Vozos, the case has been continued to the June 26, 2023 BOZA meeting. The vote was as follows:

  21. 17. 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 Howard, seconded by Member Ford, that the case be continued to the June 26, 2023 BOZA meeting. The motion carried by the following vote:

  22. Adjournment

    The meeting adjourned at approximately 5:34 p.m.