Board of Zoning Adjustment

Metro Development Center Louisville Metro Government 444 S. 5th Street, Conference Rm. 101 Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, March 3, 2014 8:30 AM Metro Development Center Call To Order Members Allendorf and Liggin left the meeting at 2:20 p.m. Present: 6- Board Member Betty Jarboe, Board Member Frederick Liggin, Board Member David Proffitt, Board Member Rosalind Fishman, Board Member Michael Allendorf, and Board Member Dean Tharp Approval Of Minutes 1. Minutes_021 Approval of the minutes of the meeting held on Feb. 17, 2014 714 A motion was made by Member Fishman, seconded by Member Jarboe, that the minutes of the meeting held on February 17, 2014, were approved. The motion carried by the following vote: Yes: 6- Jarboe, Liggin, Proffitt, Fishman, Allendorf, and Tharp Public Hearing 2. 14VARIANC Request: Variance to allow a proposed building to E1004 exceed the maximum front yard setback Project Name: Single-Family Residence Location: 8409 Saurel Dr. Owner: Paul Robertson Applicant: Same Representative: Same Jurisdiction: Louisville Metro (Plantation) Council District: 7 - Ken Fleming Case Manager: Latondra Yates, Planner II A motion was made by Member Allendorf, seconded by Member Liggin, that Case No. 14VARIANCE1004 be approved. The motion carried by the following vote: Yes: 6- Jarboe, Liggin, Proffitt, Fishman, Allendorf, and Tharp Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary March 3, 2014 3. 14VARIANC Request: Variance to allow 77” fence to remain in front E1005 yard, where only 48” fencing is permitted, per LDC Project Name: Fence Location: 5228 Mercury Drive Owner: Lois Ann Koontz, Robert and Ann Gutterman Applicant: Robert Gutterman Representative: Same as Applicant Jurisdiction: Metro Louisville Council District: 12-Rick Blackwell Case Manager: Jessica Butler, Planner I A motion was made by Board Member Allendorf, seconded by Board Member Liggin, that Case No. 14VARIANCE1005 be approved but the vote was tied. The motion failed by the following vote: Yes: 3- Liggin, Allendorf, and Tharp No: 3- Jarboe, Proffitt, and Fishman A motion was made by Board Member Allendorf, seconded by Board Member Liggin, that Case No. 14VARIANCE1005 be approved but the vote was tied again. The motion failed by the following vote: Yes: 3- Jarboe, Liggin, and Allendorf No: 3- Proffitt, Fishman, and Tharp A motion was made by Member Fishman, seconded by Member Liggin, that this be continued to a date uncertain; and that the County Attorney's office will subpoena the applicant's contractor to attend the public hearing once scheduled. The motion carried by the following vote: Yes: 4- Jarboe, Liggin, Fishman, and Tharp No: 2- Proffitt, and Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary March 3, 2014 4. 14VARIANC Request: Variance for side yard setback, to build a E1006 camelback addition in line with the current nonconforming structure, built to 0” setback. Project Name: 149 William Street Location: 149 William Street Owner: Michael Petrig Applicant: Michael Petrig Representative: Ted Bressoud, Bressoud Architecture Jurisdiction: Metro Louisville Council District: 9- Tina Ward-Pugh Case Manager: Jessica Butler, Planner I A motion was made by Member Allendorf, seconded by Member Liggin, that Case No. 14VARIANCE1006 be approved ON CONDITION that gutters or any other structures not overhang into the neighbor's yard to the south. The motion carried by the following vote: Yes: 6- Jarboe, Liggin, Proffitt, Fishman, Allendorf, and Tharp 5. 14VARIANC Request: Variance to allow a proposed structure to E1008 encroach into the required front yard using infill standards Project Name: None (private residence) Location: 1595 Raydale Drive Owner: Jason and Crystal Voll Applicant: Dennis Atkinson Representative: Dennis Atkinson Jurisdiction: Louisville Metro Council District: 24-Madonna Flood Case Manager: Jon E. Crumbie, Planner II A motion was made by Member Liggin, seconded by Member Fishman, that Case No. 14VARIANCE1008 be approved. The motion carried by the following vote: Yes: 5- Jarboe, Liggin, Proffitt, Fishman, and Tharp Abstain: 1- Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary March 3, 2014 6. 13DEVPLAN Request: A Category 3 Review and variances to allow 1115 a proposed building to exceed the maximum setbacks and building height. Project Name: Candlewood Suites Location: 1041 Zorn Ave. Owner: Quadrant Hospitality, LLC. Applicant: Same Representative: Same Jurisdiction: Louisville Metro Council District: 9 - Tina Ward Pugh Case Manager: Latondra Yates, Planner II A motion was made by Member Jarboe, seconded by Member Fishman, that the height variance, Case No. 13DEVPLAN1115 be denied. The vote was as follows: Yes: 2- Jarboe, and Fishman No: 4- Liggin, Proffitt, Allendorf, and Tharp A motion was made by Member Fishman, seconded by Member Liggin, that the variance to allow the existing building on Tract 1 to exceed the maximum setback be approved. The motion carried by the following vote: Yes: 6- Jarboe, Liggin, Proffitt, Fishman, Allendorf, and Tharp A motion was made by Member Allendorf, seconded by Member Liggin, that the variance to exceed the maximum height be approved. The motion carried by the following vote: Yes: 4- Liggin, Proffitt, Allendorf, and Tharp No: 2- Jarboe, and Fishman A motion was made by Member Allendorf, seconded by Member Liggin, that the variance to allow the proposed building on Tract 2 to exceed the maximum setback be approved. The motion carried by the following vote: Yes: 6- Jarboe, Liggin, Proffitt, Fishman, Allendorf, and Tharp A motion was made by Member Allendorf, seconded by Member Liggin, that the Category 3 Plan for the construction of a hotel be approved. The motion carried by the following vote: Yes: 5- Liggin, Proffitt, Fishman, Allendorf, and Tharp Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary March 3, 2014 No: 1- Jarboe 7. 13CUP1023 Request: Conditional Use Permit to allow a commercial greenhouse/plant nursery/landscape material company in an R-6 zoning district Project Name: Full Care Location: 2601 Blankenbaker Road Owner: Twins Unlimited, Inc. Applicant: Twins Unlimited, Inc. Representative: Erik Merten Jurisdiction: Louisville Metro Council District: 20-Stuart Benson Case Manager: Jon E. Crumbie, Planner II A motion was made by Member Fishman, seconded by Member Jarboe, that the Conditional Use Permit for Case No. 13CUP1023 be approved with Conditions of Approval. The motion carried by the following vote: Yes: 4- Jarboe, Proffitt, Fishman, and Tharp Absent: 2- Liggin, and Allendorf A motion was made by Member Fishman, seconded by Chair Proffitt, that the Alternative Landscape Plan for Case No. 13CUP1023 be approved. The motion carried by the following vote: Yes: 4- Jarboe, Proffitt, Fishman, and Tharp Absent: 2- Liggin, and Allendorf 8. 14APPEAL1 Request: Appeal requesting nonconforming rights to 000 allow a rear house in an R-5 zoning district Project Name: Two houses Location: 4112 South Second Street Owner: George Meyers Applicant: George Meyers. Representative: George Meyers Jurisdiction: Louisville Metro Council District: 15-Marianne Butler Case Manager: Steve Hendrix, Planning Supervisor A motion was made by Member Jarboe, seconded by Member Tharp, that the Appeal be Approved and that non-conforming use rights exist for an accessory apartment for Case No. 14APPEAL1000. The motion carried by the following vote: Yes: 3- Jarboe, Proffitt, and Tharp No: 1- Fishman Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary March 3, 2014 Absent: 2- Liggin, and Allendorf Adjournment Louisville Metro Government Page 6