Board of Zoning Adjustment

514 W. Liberty Street Louisville Metro Government Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, January 13, 2014 8:30 AM Old Jail Building Call To Order Present: 4- Board Member Betty Jarboe, Board Member Frederick Liggin, Board Member David Proffitt, and Board Member Rosalind Fishman Absent: 2- Board Member Carrie Bauer, and Board Member Michael Allendorf Approval Of Minutes 1. Minutes_121 613 Approval of the minutes of the meeting held on December 16, 2013 A motion was made by Fishman, seconded by Board Member Liggin, that the minutes of the meeting conducted on December 16, 2013 were approved. The motion carried by the following vote: Yes: 4- Jarboe, Liggin, Proffitt, and Fishman Absent: 2- Bauer, and Allendorf Business Session 2. 2013 Annual Report - BOZA 3. 13VARIANC Request: Variance from the Land Development Code E1059 to allow a residential structure to encroach into the side property line the resultant of a rear addition to the existing home. Project Name: Wetzel Addition Location: 1628 Rosewood Avenue Owner: Timothy Wetzel & Melinda J. King Wetzel Applicant: Timothy Wetzel Representative: None Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Regina Thomas, Associate Planner A motion was made by Fishman, seconded by Board Member Liggin, that Case No. 13VARIANCE1059 be approved. The motion carried unanimously. Yes: 4- Jarboe, Liggin, Proffitt, and Fishman Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary January 13, 2014 Absent: 2- Bauer, and Allendorf 4. 13VARIANC Request: Reconsideration of the Board’s decision E1051 made on December 16, 2013, (to be amended on January 13, 2014), regarding a variance to allow an existing garage to encroach into the required rear yard. Project Name: Garage Location: 6206 Ree Court Owner: Diane L. Yates Applicant: Diane L. Yates Representative: Diane L. Yates Jurisdiction: Metro Louisville Council District: 12-Rick Blackwell Case Manager: Jessica Butler A motion was made by Board Member Liggin, seconded by Fishman, that Case No. 13VARIANCE1051 be approved. The motion failed by the following vote: Yes: 1- Liggin No: 3- Jarboe, Proffitt, and Fishman Absent: 2- Bauer, and Allendorf A motion was made by Board Member Jarboe, seconded by Fishman, that Case No. 13VARIANCE1051 be denied. The motion carried by the following vote: Yes: 3- Jarboe, Proffitt, and Fishman No: 1- Liggin Absent: 2- Bauer, and Allendorf 5. 13CUP1020 Request: Modified Conditional Use Permit for a proposed enclosed pedway connection to the adjacent Norton Medical Office property Project Name: Norton Healthcare Hospital Location: 4960 Norton Healthcare Blvd. Owner: Norton Hospitals Inc. Applicant: Norton Healthcare Representative: Frost Brown Todd LLC Land Design & Development Inc Jurisdiction: Louisville Metro Council District: 16 - Kelly Downard Case Manager: Christopher Brown, Planner II A motion was made by Board Member Liggin, seconded by Fishman, that Case No. 13CUP1020 be approved. The motion carried by the following vote: Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary January 13, 2014 Yes: 4- Jarboe, Liggin, Proffitt, and Fishman Absent: 2- Bauer, and Allendorf Public Hearing 6. 13VARIANC Request: 13Variance1046 E1046 Project Name: None-Residential Location: 420 Macon Avenue Owner: JNC Holdings, LLC- Lindsey Miller Applicant: Lindsey Miller Representative: Lindsey Miller Jurisdiction: Louisville Metro Council District: 9- Tina Ward-Pugh Case Manager: Jessica Butler, Planner I A motion was made by Board Member Liggin, seconded by Fishman, that Case No. 13VARIANCE1046 be approved. The motion carried by the following vote: Yes: 3- Jarboe, Liggin, and Fishman No: 1- Proffitt Absent: 2- Bauer, and Allendorf 7. 13VARIANC Request: Variance to reduce a 15 foot side yard E1058 setback to 5 feet Project Name: Raising Cane’s Location: 9409 Cedarlook Drive Owner: Bardstown 4801 LLC Applicant: CRM Companies Representative: The Robert’s Group Jurisdiction: Louisville Metro Council District: 22- Robin Engel Case Manager: Julia Williams, Planner II A motion was made by Fishman, seconded by Board Member Liggin, that Case No. 13VARIANCE1058 be approved. The motion carried by the following vote: Yes: 4- Jarboe, Liggin, Proffitt, and Fishman Absent: 2- Bauer, and Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary January 13, 2014 8. 13VARIANC Request: 13Variance1061 E1061 Project Name: None-Residential Location: 2650 Kings Highway Owner: Eric Michaelson Applicant: Gary Dukes Representative: Gary Dukes Jurisdiction: Louisville Metro Council District: 8-Tom Owen Case Manager: Jessica Butler, Planner I A motion was made by Fishman, seconded by Board Member Liggin, that Case No. 13VARIANCE1061 be approved. The motion carried by the following vote: Yes: 4- Jarboe, Liggin, Proffitt, and Fishman Absent: 2- Bauer, and Allendorf 9. B-18027-12 Request: Variance to allow an encroachment into the required Type B stream buffer Project Name: Kameri Auto Service Center Location: 800 Outer Loop Owner: Sami Kameri Applicant: Sami Kameri Representative: Milestone Design Group Inc. Jurisdiction: Louisville Metro Council District: 13 - Vicki Welch Case Manager: Christopher Brown, Planner II A motion was made by Board Member Liggin, seconded by Fishman, that Case No. B-18027-12 be approved. The motion carried by the following vote: Yes: 3- Liggin, Proffitt, and Fishman No: 1- Jarboe Absent: 2- Bauer, and Allendorf 10. 13VARIANC Request: 13Variance1054 E1054 Project Name: M2 Distillery Location: 2351 New Millennium Dr. Owner: Mitchers Distillery, LLC. Applicant: Same Representative: Jeff McKenzie, Bingham, Greenbaum, Doll, LLP Jurisdiction: Shively Council District: 3 - Mary Woolridge Case Manager: Latondra Yates, Planner II A motion was made by Board Member Liggin, seconded by Fishman, that Case No. 13VARIANCE1054 be approved. The motion carried by the following vote: Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary January 13, 2014 Yes: 4- Jarboe, Liggin, Proffitt, and Fishman Absent: 2- Bauer, and Allendorf 11. 13VARIANC Request: 13Variance1055 E1055 Project Name: Kroger Fuel Center Location: 4946 U.S. Hwy. 42 Owner: Swifty Oil Co., Inc. Applicant: Kroger Mid-South Division Representative: Scott Hannah, Heritage Engineering Jurisdiction: Shively Council District: 7 - Tina Ward-Pugh Case Manager: Latondra Yates, Planner II A motion was made by Board Member Liggin, seconded by Fishman, that the variance for Case No. 13VARIANCE1055 be approved. The motion carried by the following vote: Yes: 4- Jarboe, Liggin, Proffitt, and Fishman Absent: 2- Bauer, and Allendorf A motion was made by Board Member Liggin, seconded by Fishman, that the Waiver of Section 5.5.1.A.3.a. of the LDC to allow the proposed canopy and drive lanes to be located in front of the principle structure be approved. The motion carried by the following vote: Yes: 4- Jarboe, Liggin, Proffitt, and Fishman Absent: 2- Bauer, and Allendorf A motion was made by Board Member Liggin, seconded by Fishman, that the Waiver of Section 10.3.5.A.1., Table 10.3.1 of the LDC to reduce the required 30-ft. Parkway Buffer along Hwy. 42 to 5 ft. and to not provide the required 3-ft. berm; and a Waiver of Section 10.3.5.A.1, Table 10.3.1 of the LDC to reduce the required 15-ft. Parkway Buffer along Holiday Manor Shopping Center from 15 ft. to 5 ft. and to not provide the required 3-ft. berm be approved. The motion carried by the following vote: Yes: 4- Jarboe, Liggin, Proffitt, and Fishman Absent: 2- Bauer, and Allendorf Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary January 13, 2014 12. 13CUP1021 Request: Conditional Use Permit to allow an outpatient surgery center Project Name: Norton Healthcare Medical Office Building Location: 4950 Norton Healthcare Blvd. Owner: MSR Medical LLC Applicant: Norton Healthcare Representative: Frost Brown Todd LLC Land Design & Development Inc Jurisdiction: Louisville Metro Council District: 16 - Kelly Downard Case Manager: Christopher Brown, Planner II A motion was made by Board Member Liggin, seconded by Fishman, that Case No. 13CUP1021 be approved with conditions. The motion carried by the following vote: Yes: 4- Jarboe, Liggin, Proffitt, and Fishman Absent: 2- Bauer, and Allendorf 13. 13CUP1017 Request: Conditional Use Permit to allow a home for the infirm and aged in a PRD zoning district with waivers Project Name: Beaumont - Senior Living Community Location: 8604 Old Bardstown Road Owner: Pinnacle Beaumont, LLC Applicant: Pinnacle Beaumont, LLC Representative: William B. Bardenwerper, Kevin Rich Jurisdiction: Louisville Metro Council District: 22 - Robin Engel Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Jarboe, seconded by Fishman, that the Conditional Use Permit to allow a home for the infirm and aged in a PRD zoning district be approved with conditions. The motion carried by the following vote: Yes: 4- Jarboe, Liggin, Proffitt, and Fishman Absent: 2- Bauer, and Allendorf A motion was made by Board Member Jarboe, seconded by Fishman, that the waiver to reduce the required 25-ft. Landscape Buffer Area to 15 feet along the north south and west property lines be approved. The motion carried by the following vote: Yes: 4- Jarboe, Liggin, Proffitt, and Fishman Absent: 2- Bauer, and Allendorf Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary January 13, 2014 A motion was made by Board Member Jarboe, seconded by Fishman, that Waiver to allow a 100% easement overlap along the north, south and west property lines be approved. The motion carried by the following vote: Yes: 4- Jarboe, Liggin, Proffitt, and Fishman Absent: 2- Bauer, and Allendorf A motion was made by Board Member Jarboe, seconded by Fishman, that the Waiver to reduce the required scenic corridor to 30 feet along Old Bardstown Road be approved. The motion carried by the following vote: Yes: 4- Jarboe, Liggin, Proffitt, and Fishman Absent: 2- Bauer, and Allendorf A motion was made by Board Member Jarboe, seconded by Fishman, that the Waiver to omit the Landwood Way extension into the subject site be approved. The motion carried by the following vote: Yes: 4- Jarboe, Liggin, Proffitt, and Fishman Absent: 2- Bauer, and Allendorf Adjournment Louisville Metro Government Page 7