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, April 21, 2014 8:30 AM Metro Development Center Call To Order Present: 5- Board Member Betty Jarboe, Board Member Frederick Liggin, Board Member David Proffitt, Board Member Rosalind Fishman, and Board Member Dean Tharp Absent: 1- Board Member Michael Allendorf Approval Of Minutes 1. Minutes_040 Approval of the minutes of the meeting held on April 7, 2014 714 A motion was made by Member Fishman, seconded by Member Tharp, that the minutes of the meeting conducted on April 7, 2014 were approved. The motion carried by the following vote: Yes: 4- Liggin, Proffitt, Fishman, and Tharp Absent: 1- Allendorf Abstain: 1- Jarboe Business Session 2. 14CUP1001 Request: Modified Conditional Use Permit to allow 6 additional duplexes in place of the memory care facility, for a total of twelve duplexes Project Name: Trilogy Healthcare Location: 12812 Westport Road Owner: Louisville Healthcare Partners Applicant: Trilogy Health Services, LLC Representative: Glenn Price Jurisdiction: Louisville Metro Council District: 17-Glen Stuckel Case Manager: Jon E. Crumbie, Planner II A motion was made by Member Fishman, seconded by Member Liggin, that Case No. 14CUP1001 be approved. The motion carried by the following vote: Yes: 5- Jarboe, Liggin, Proffitt, Fishman, and Tharp Absent: 1- Allendorf Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary April 21, 2014 3. B-18850-13 Request: Modified Conditional Use Permit to allow a change in timing Project Name: Maryhurst Campus Redevelopment Location: 1015 Dorsey Lane Owner: Maryhurst Applicant: Maryhurst, Judy Lambeth, President and CEO Representative: Urban 1, LLC, Charles Cash Jurisdiction: Louisville Metro Council District: 18, Marilyn Parker Case Manager: Steve Hendrix, Planning Supervisor A motion was made by Member Fishman, seconded by Member Liggin, that Case No. B-18850-13 to allow a change in tiiming of the development be approved. The motion carried by the following vote: Yes: 5- Jarboe, Liggin, Proffitt, Fishman, and Tharp Absent: 1- Allendorf Public Hearing 4. 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/Steve Hendrix (CONTINUED FROM MARCH 3, 2014) A motion was made by Member Liggin, seconded by Member Jarboe, that Case No. 14VARIANCE1005 be approved. The motion carried by the following vote: Yes: 5- Jarboe, Liggin, Proffitt, Fishman, and Tharp Absent: 1- Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary April 21, 2014 5. 14VARIANC Request: Variance to allow the proposed building to E1016 exceed the maximum setback of 0 feet Project Name: East Oak Street Laundromat and Grocery Location: 331 East Oak Street Owner: MWA Investments, LLC Applicant: Samir Faraj Representative: Mike Evans Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Matthew R. Doyle, Planner I (CONTINUED FROM APRIL 7, 2014)I A motion was made by Member Liggin, seconded by Member Tharp, that Case No. 14VARIANCE1016 be approved. The motion carried by the following vote: Yes: 5- Jarboe, Liggin, Proffitt, Fishman, and Tharp Absent: 1- Allendorf 6. 14VARIANC Request: Variances to allow parking/maneuvering, a E1023 dumpster, and a small building to encroach into the required setbacks and being in the City of Lyndon. Project Name: McDonald’s Ormsby Station Location: 9901 Ormsby Station Rd. Owner: Marshall Realty Company Applicant: American Engineers, Inc. Representative: American Engineers, Inc. Jurisdiction: Lyndon Council District: 18 - Marilyn Parker Case Manager: David B. Wagner - Planner II (CONTINUED FROM APRIL 7, 2014) A motion was made by Member Fishman, seconded by Member Tharp, that Case No. 14VARIANCE1023 be approved. The motion carried by the following vote: Yes: 5- Jarboe, Liggin, Proffitt, Fishman, and Tharp Absent: 1- Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary April 21, 2014 7. 14VARIANC Request: Variance to allow proposed vehicle parking E1026 and maneuvering within the required 50 foot setback adjacent to residential property Project Name: Christ Church United Methodist Parking Lot Expansion Location: 4614 Brownsboro Road Owner: Christ Church United Methodist Applicant: Christ Church United Methodist Representative: John Campbell, Heritage Engineering Jurisdiction: City of Windy Hills Council District: 7 - Ken Fleming Case Manager: Sherie’ Long, Landscape Architect A motion was made by Member Jarboe, seconded by Member Fishman, that Case No. 14VARIANCE1026 be approved with conditions of approval. The motion carried by the following vote: Yes: 5- Jarboe, Liggin, Proffitt, Fishman, and Tharp Absent: 1- Allendorf 8. 14VARIANC Request: Variance to allow a proposed structure to E1020 encroach into the Squires Lane required front yard Project Name: Proposed House Location: 11801 Woodland Road. Owner: Joe Pepper Applicant: Christopher Eldridge, Prestige Builders Representative: Christopher Eldridge, Prestige Builders Jurisdiction: City of Anchorage Council District: 17 - Glen Stuckel Case Manager: Sherie’ Long, Landscape Architect A motion was made by Member Liggin, seconded by Fishman, that Case No. 14VARIANCE1020 be continued to May 19, 2014 because the site plan does not match the elevations presented at today's meeting. The motion carried by the following vote: Yes: 5- Jarboe, Liggin, Proffitt, Fishman, and Tharp Absent: 1- Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary April 21, 2014 9. 14CUP1002 Request: Conditional Use Permit to allow outdoor alcohol sales and consumption Project Name: Valley Commons II- Restaurant Location: 10626 Dixie Hwy. Owner: Valley Commons II,LLC. Applicant: Nicklies Development Representative: Same Jurisdiction: Louisville Metro Council District: 14 - Cindi Fowler Case Manager: Latondra Yates, Planner II A motion was made by Member Jarboe, seconded by Member Liggin, that Case No. 13CUP1000 be approved with conditions of approval. The motion carried by the following vote: Yes: 5- Jarboe, Liggin, Proffitt, Fishman, and Tharp Absent: 1- Allendorf 10. 13CUP1000 Request: Conditional Use Permit to allow an athletic facility in an M-3 zoning district Project Name: Louisville Soccer Location: 3001 Stober Road Owner: Louisville Soccer Alliance Applicant: Louisville Soccer Alliance Representative: Michael E. Hayes Jurisdiction: City of Watterson Park Council District: 10-Jim King Case Manager: Jon E. Crumbie, Planner II A motion was made by Member Jarboe, seconded by Member Liggin, that Case No. 13CUP1000 be approved with conditions of approval. The motion carried by the following vote: Yes: 5- Jarboe, Liggin, Proffitt, Fishman, and Tharp Absent: 1- Allendorf Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary April 21, 2014 11. 14DEVPLAN Request: Variance to eliminate the required private 1034 yard, Land Development Code Waivers and a Category 3 Plan for construction of a multi-family development Project Name: Multi-Family Housing Location: 2998-2032 Frankfort Ave., 113 N. Bellaire Ave. Owner: Windhorst Investments, LTD. and Ready Electric Applicant: Milhaus Development Representative: Glenn Price, Frost Brown Todd LLC. Jurisdiction: Louisville Metro Council District: 9 - Tina Ward Pugh Case Manager: Latondra Yates, Planner II A motion was made by Member Fishman, seconded by Member Tharp, that the variance for Case No. 14DEVPLAN1034 be approved. The motion carried by the following vote: Yes: 4- Jarboe, Proffitt, Fishman, and Tharp Absent: 1- Allendorf Abstain: 1- Liggin A motion was made by Member Fishman, seconded by Member Tharp, that the waiver to allow parking in the principal structure area be approved for Case No. 14DEVPLAN1034. The motion carried by the following vote: Yes: 4- Jarboe, Proffitt, Fishman, and Tharp Absent: 1- Allendorf Abstain: 1- Liggin A motion was made by Member Fishman, seconded by Member Tharp, that the waiver to not provide the required 10-ft. LBA and plantings adjacent to R-6 property to the southwest be approved for Case No. 14DEVPLAN1034. The motion carried by the following vote: Yes: 4- Jarboe, Proffitt, Fishman, and Tharp Absent: 1- Allendorf Abstain: 1- Liggin Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary April 21, 2014 A motion was made by Member Fishman, seconded by Member Tharp, that the waiver to not provide the required 5-ft. VUA/LBA adjacent to C-2 property be approved ON CONDITION that an 8 ft. tall wooden privacy fence be installed by the Cox's property with the addition of plantings along the fence for Case No. 14DEVPLAN1034. The motion carried by the following vote: Yes: 5- Jarboe, Liggin, Proffitt, Fishman, and Tharp Absent: 1- Allendorf A motion was made by Member Fishman, seconded by Member Tharp, the waiver to not provide the required 120-ft. distance between ILA's be approved for Case No. 14DEVPLAN1034. The motion carried by the following vote: Yes: 4- Jarboe, Proffitt, Fishman, and Tharp Absent: 1- Allendorf Abstain: 1- Liggin A motion was made by Member Fishman, seconded by Member Tharp, that the Category 3 Plan for construction of a multi-family housing development be approved ON CONDITION that the applicant receive approvals from LD&T and Clifton ARC for those specific requests; that the applicant include plantings along Frankfort Avenue substantially similar to that shown on a rendering presented at today's hearing; and that a landscape plan be approved by staff's landscape architect for Case No. 14DEVPLAN1034. The motion carried by the following vote: Yes: 4- Jarboe, Proffitt, Fishman, and Tharp Absent: 1- Allendorf Abstain: 1- Liggin Adjournment The meeting adjourned at approximately 12:35 p.m. Louisville Metro Government Page 7