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Board of Zoning Adjustment

Monday, June 26, 2023 · 1:00 PM AM · Old Jail Courtroom

TL;DR

The Board of Zoning Adjustment held its regular meeting, processing multiple requests for property variances and conditional use permits. Several significant zoning changes were approved, including accessory dwelling units, variances for building setbacks, and short-term rental permits across Louisville Metro.

Key Decisions

  • Short-Term Rental Permits Passed
  • Accessory Dwelling Unit on N. Crestmoor Avenue Approved
  • Monarch Station Development Variances Approved
  • Boarding House Conditional Use Permit Approved
  • Progress Park Recreational Vehicle Park Modification 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 June 5, 2023 Board of Zoning Adjustment meeting.
    Minutes
    Action: approved Passed

    On a motion by Member Vozos, seconded by Member Horton, the minutes from the June 5, 2023 BOZA meeting were approved. The motion carried by the following vote:

  5. Business Session
  6. 2. 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: Ridgeview Avenue Short Term Rental Location: 2418 Ridgeview Avenue Owner: Farooq Shaheen Applicant Slava Furs Jurisdiction: Louisville Metro Council District: 18- Marilyn Parker Case Manager: Amy Brook, 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:

  7. Public Hearing
  8. 3. 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: approved Passed

    A motion was made by Member Vozos, seconded by Member Buttorff, that the requested Variance to allow an accessory structure to encroach into the street side yard setback be approved. The motion carried by the following vote:

  9. 4. Request: A variance to allow an accessory structure to encroach into the required side yard setback. Project Name: Plane Tree Drive Variance Location: 4606 Plane Tree Dr. Owner: Michael Schubert Applicant: Michael Schubert Jurisdiction: Louisville Metro Council District: 2- Barbara Shanklin Case Manager: Amy Brooks, Planner I
    Planning Case
    Action: approved Passed

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

  10. 5. Request: A variance to allow a structure to encroach into the required side yard and rear yard setbacks. Continued from the 6/26/2023 BOZA Meeting Project Name: Big Bar Variance Location: 1202 Bardstown Rd Owner: Kevin Bryan, Bigger is Better LLC Applicant: Nathan Grimes Jurisdiction: Louisville Metro Council District: 8- Benjamin Reno-Weber Case Manager: Amy Brooks, Planner I
    Planning Case
    Action: continued Passed

    A motion was made by Member Vozos, seconded by Vice Chair Buttorff, that the case be continued to July 24th, 2023 BOZA meeting. The motion carried by the following vote:

  11. 6. Request: A variance to allow a structure to encroach into the required side yard and rear yard setbacks. Project Name: Wallace Avenue Variance Location: 611 Wallace Avenue Owner: Jessica Farquhar Applicant: Mark Campbell Jurisdiction: City of St. Matthews Council District: 9-Andrew Owen Case Manager: Amy Brooks, Planner I
    Planning Case
    Action: recommended for approval Passed

    A motion was made by Vice Chair Buttorff, seconded by Member Horton, that the case be recommend for approval to the City of St. Matthews. The motion carried by the following vote:

  12. 7. Request: A variance to allow a proposed addition to exceed the max setback on a corner lot and encroach into the rear yard setback Project Name: Burnett Avenue Variance Location: 511-537 Burnett Ave Owner: Burwether, LLC Applicant: Burwether, LLC. 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 Horton, seconded by Member Vozos, that the case be approved. The motion carried by the following vote:

  13. 8. Request: Variance to allow a principal structure to encroach into the street side yard setback. Project Name: Basswood Lane Variance Location: 3606 Basswood Lane Owner: Courtney and Robert Hunter Applicant: Courtney and Robert Hunter Representative: Jack Stewart, AIA, Stewart Architecture, PLLC Jurisdiction: Louisville Metro Council District: 16- Scott Reed Case Manager: Jeremy Chesler, Planner I
    Planning Case
    Action: approved Passed

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

  14. 9. Request: A variance to allow a structure to encroach into the required side yard setback. Project Name: South Shelby Street Variance Location: 1039 S. Shelby St Owner: Salena Hernandez Applicant: Brian Holder, Holder Realty LLC Jurisdiction: Louisville Metro Council District: 6- Phillip Baker Case Manager: Amy Brooks, Planner I
    Planning Case
    Action: approved Passed

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

  15. 10. Request: Variance to allow an accessory structure to encroach into the street side setback (Continued from the 8/21/23 BOZA Meeting). Project Name: 2038 Tyler Lane Location: 2038 Tyler Lane Owner: Tyler 2038 LLC Applicant: Ethan Adams, EFK Properties LLC Representative: Kevin Sullivan, EFK Properties LLC Jurisdiction: Louisville Metro Council District: 8- Ben Reno-Weber Case Manager: Amy Brooks, Planner I
    Planning Case
    Action: continued Passed

    A motion was made by Member Vozos, seconded by Member Buttorff, that the case be continued to the July 24th, 2023 BOZA meeting. The motion carried by the following vote:

  16. 11. Request: Variances for Maximum Building Height, Setbacks, and a Waiver from Residential Site Design Standards Project Name: Monarch Station Location: 1413 Bland St Owner: Volunteers of America Mid-States Applicant: Jake Belwood, Gresham Smith Jurisdiction: Louisville Metro Council District: 6 - Philip Baker Case Manager: Ethan Lett, Planner I
    Planning Case
    Action: approved Passed

    A motion was made by Member Horton, seconded by Vice Chair Buttorff, that the Variance from the Land Development Code Section 5.7.1.B.1 to allow the building to exceed the Transition Zone maximum building height be approved. The motion carried by the following vote:

  17. 12. Request: Nonconforming Rights for heavy truck repair. Project Name: Nonconforming rights Location: 10510 National Turnpike Owner: James Gerkins Applicant: James Gerkins Jurisdiction: Louisville Metro Council District: Dan Seum Jr. - District 13 Presenter Christopher French, AICP, Planning Supervisor Case Manager: Mark Pinto, Associate Planner
    Planning Case
    Action: approved

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

  18. 13. Request: Modified Conditional Use Permit for Camping Areas and Recreational Vehicle Parks Project Name: Progress Park Location: 4501 Progress Blvd Owner: Progress Park, LLC Applicant: Mike Pifer Jurisdiction: Louisville Metro Council District: 2 -Barbara Shanklin Case Manager: Ethan Lett, Planner I
    Planning Case
    Action: approved

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

  19. 14. Request: Conditional Use Permit for Boarding House (LDC 4.2.11) with relief from item ‘A’ Project Name: 1814 Date Street Location: 1814 Date Street Owner: Hoang Nguyen Representative: Wyatt, Tarrant, & Combs, LLP - Jon Baker Jurisdiction: Louisville Metro Council District: 4 - Jecorey Arthur Case Manager: Joel Dock, AICP, Planning Supervisor
    Planning Case
    Action: approved Passed

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

  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: Sunbury Lane Short Term Rental Location: 7901 Sunbury Lane Owner: Sunny Family Revocable Trust Applicant: Barrett Goff Jurisdiction: Louisville Metro Council District: 11 -Kevin Kramer 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:

  21. 16. Request: Conditional Use Permit for Short Term Rental of a Dwelling Unit That is Not the Primary Residence of the Host (Continued from the 6/26/2023 Meeting) Project Name: Emery Ave Short Term Rental Location: 5125 Emery Avenue Owner/Applicant: Johnathan Lun Jurisdiction: Louisville Metro Council District: 21- Betsy Ruhe Case Manager: Chris French, AICP, Planning Supervisor
    Planning Case
    Action: continued Passed

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

  22. 17. Request: Conditional Use Permit for Short Term Rental of a Dwelling Unit That is Not the Primary Residence of the Host (Continued from the 6/26/2023 Meeting) Project Name: River Road Short Term Rental Location: 4515 River Road Owner: Gaffney Historic River, LLC Applicant: Galen Weiss & Ellen Archer Representative: Cliff Ashburner, Dinsmore & Shohl, LLP Jurisdiction: Louisville Metro Council District: 16 - Scott Reed Case Manager: Heather Pollock, Planner I
    Planning Case
    Action: continued Passed

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

  23. 18. Request: Conditional Use Permit for Short Term Rental of a Dwelling Unit That is Not the Primary Residence of the Host. Continued from the 6/26/2023 BOZA Meeting Project Name: 326 Northwestern Parkway Short Term Rental Location: 326 Northwestern Parkway Owner: Lotus Property Group LLC Applicant: Angela Hite Jurisdiction: Louisville Metro Council District: 5- Donna Purvis Case Manager: Amy Brooks, Planner I
    Planning Case
    Action: continued Passed

    A motion was made by Member Vozos, seconded by Vice Chair Buttorff, that the case be continued to July 24th, 2023 BOZA meeting. The motion carried by the following vote:

  24. 19. Request: Conditional Use Permit for Short Term Rental of a Dwelling Unit That is Not the Primary Residence of the Host. Continued from the 6/26/2023 BOZA Meeting. Project Name: 125 Northwestern Parkway Short Term Rental Location: 125 Northwestern Parkway Owner: Lotus Property Group LLC Applicant: Angela Hite Jurisdiction: Louisville Metro Council District: 5- Donna Purvis Case Manager: Amy Brooks, Planner I
    Planning Case
    Action: continued Passed

    A motion was made by Member Vozos, seconded by Vice Chair Buttorff, that the case be continued to July 24th, 2023 BOZA meeting. The motion carried by the following vote:

  25. 20. Request: Conditional Use Permit for Short Term Rental of a Dwelling Unit That is Not the Primary Residence of the Host Project Name: Strathmoor Boulevard Short Term Rental Location: 2201 Strathmoor Boulevard Owner/Applicant: Karla Kinderman Ceccoli 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 Vice Chair Buttorff, seconded by Member Vozos, that the case be approved. The motion carried by the following vote:

  26. 21. 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 Vozos, seconded by Member Horton, that the case be continued to August 7th, 2023 BOZA meeting. The motion carried by the following vote:

  27. Adjournment
  28. 28 Untitled item
    Action: approved Passed

    A motion was made by Member Vozos, seconded by Vice Chair Buttorff, that the Waiver from the Land Development Code Section 5.4.1. to allow the development to not conform to the Traditional Residential Site Design standards. The motion carried by the following votes:

  29. 29 Untitled item
    Action: approved Passed

    A motion was made by Member Horton, seconded by Vice Chair Buttorff, that the Variance from the Land Development Code Section 5.2.2 to allow the building to encroach into the rear yard setback. The motion carried by the following votes:

  30. 30 Untitled item
    Action: approved Passed

    A motion was made by Member Horton, seconded by Vice Chair Buttorff, that the Variance from the Land Development Code Section 5.1.12.A.2.a. to allow the building to encroach into the infill front yard setback a be approved. The motion carried by the following votes:

  31. 31 Untitled item
    Action: approved Passed

    A motion was made by Member Vozos, seconded by Member Buttorff, that the requested Conditional Use Permit to allow an Accessory Dwelling Unit (ADU) in the R-5 Single Family zoning district and the Traditional Neighborhood form district. (LDC 4.2.3) be approved. The motion carried by the following vote: