Tuesday, September 16, 2014

Minutes of the ZALU meeting of Aug. 13, 2014


Minutes of the ZALU regular monthly public meeting of 8/13/14 (Approved on Sept. 10, 2014)
Location: Old Louisville Information Center
Attendance: Chuck Anderson, Chairman; Erin Lee; Lira Johnson; Mary Martin; Stephen Peterson; 
Leah Stewart; Christopher White; Joseph Impellizzeri; Bob Bajandas

Absent: None

Quorum: √

Guests: none

Called to order: 7:05p
Summary of actions: *Motion/Second/Vote M/S/V* on ZALU July 9 meeting minutes.

Order of business:
1. July 9, 2014 Minutes approved. Vote unanimous.

2. Report by Chuck Anderson: Subject: Councilwoman Bryant-Hamilton’s moratorium on rooming and transitional housing in District 5. In July, Chuck presented the ZALU proposal to the OLNC for its approval and action. OLNC tabled the proposal and sent it off to the Neighborhood Associations (NAs) for their advice and consent before OLNC votes on it.

7-9 Motion to have OLNC write and send a letter to CM James supporting the idea of: 1) Bryant-Hamilton’s moratorium specifically targeting boarding and lodging houses 2) a study of the zoning effects and lack of controls on boarding and lodging houses


3. ReportbyBobBajandas,ChristopherWhite,andLeahStewart Subject: Definitions of abandonment in the Metro codes and Kentucky statutes. Bob, Leah and Christopher determined that the Metro Land Development Code (LDC) and Metro VAPStat definition of abandoned property would be the focus of their discussions on language revisions. Specific proposal: that framing language be added to the beginning of LDC Chp. 1.3.1 which expressed the reason and long term goal for the zoning classification of “nonconformance” or “nonconforming use”; that the indicators and conditions which establish abandonment in LDC Chp. 1.3.1 conform to the language used by the Metro VAPStat program for determining an abandoned property; that the specific language for these two revisions would be drafted by Bajandas, Stewart and White, vetted at the August ZALU meeting before being presented to CM James both in an email and in a meeting with Bob, Leah, Christopher, and possibly Chuck, too.

4. Report by Lira Johnson 

Subjects:                                                                                                                                                                                                          1) Definitions of family. LDC Chp. 1.2 Definition of family read:
LDC 1.2 Definition of family: One or more persons occupying premises and living as one housekeeping unit using one kitchen, and distinguished from a group occupying a boarding and lodging house, fraternity or sorority house, a club, hotel, or motel.

Does HUD/FHA require such a definition in the local codes, or any definition of family in the local codes? No. FHA protects against any discrimination for familial kinship units. So, can family be defined differently than the LDC 1.2 definition? What can you limit that doesn’t impinge on “familial kinship units”? Lira suggests that revising the language of density of occupancy per sq. ft. might be a starting point and that any such revision should be bundled with the abandonment and nonconformance revisions given to CM James.

Subjects:                                                                                                                                                                                                          2) publication of nonconforming status and intent of owner to maintain nonconforming use. Should be published at time that a C.O.O is issued, ought to be published when other permits issued. Peterson highlights the problem with Metro’s lack of a required time period for processing and public recording of deed conveyances.


3. Old business
A. TNZD revisions. Chuck gives status report on condition of the revisions (as approved by ZALU in Sept. 2013).

B. B&B motion. Chuck gives the status of the B&B proposal approved by ZALU in spring 2013 and presented to OLNC. OLNC tabled the proposal expressing concerns that “permit by right” would deprive the neighborhood of notification when a new B&B enterprise was opened on a block. The TNZD Review Group of ZALU will need to reconvene in order to reconsider/rewrite the proposal. Leah states that a citywide “permit by right” for B&Bs is pending, though she doesn’t know the specific language of the code revision.

C. Property cases Case Z-14-04 944 S. 6th. Peterson reports on Newman Spring Company building. Zoning violation of the current use (as storage) has been cited by Metro. The case will stay active. Peterson will report when case develops.

Case Z-14-05 109 W. Ormsby Av. White reports. Case should stay open. Owner has been cited for zoning violation (enlargement of a nonconforming use) and a court hearing is in process.

Case Z-14-03 1444 S. 2nd. White reports. Case closed. SSNA will not appeal the Metro PDS determination of nonconformance as a triplex. Case to be moved to inactive status.

Other issues: 1379 S Brook. Lira reports. Has abandonment occurred? It is suggested that Lira call April Robbins. 1361 S. Brook. Lira reports. Issues there are not yet about zoning. 1388 S. 2nd. Questions about number of units remains unanswered. No survey of meters done. Joe will check. 1043 S. 1st: Chuck inquires. Bob will report. 1257 S. Brook. Mary reports on numerous citations from Metro against property.

D. ZALU letter to new owners regarding zoning issues. ZALU hasn’t reviewed letter in a long time. David Williams, new administrative secretary of the Information Center, will be briefed by Chuck on this matter. When current letter is found, it will be sent to ZALU committee for review.

4. New business: 
A. Shooting incident at 1435 S. 4th on weekend of PGA tournament. Police response is criticized. Chuck reports that questions were raised by neighbors about the zoning compliance of the property as to number of apartment units in the newly restored house. Several members of ZALU pointed out that the house is single-family because it was required to revert from its former multi-unit status back to single-family and that there are a large number (possibly 11) of students all on one lease at the house. 

B. PVA subscription. Anyone who wants the log-in credentials to the service should contact Christopher.

C. 942 S. 6th St. Stephen introduces the property and its issues, however, none yet appear as zoning items. 

Adjourned 8:20 p.m. 
Minutes kept by CTWhite