Board of Zoning Adjustment
Regular MeetingLouisville, KY · May 19, 2014
Minutes
Metro Development Center
Louisville Metro Government 444 S. 5th Street,
Conference Rm. 101
Louisville, KY 40202
Action Summary
Board of Zoning Adjustment
Monday, May 19, 2014 8:30 AM Metro Development Center
Call To Order
Present: 6- Board Member Betty Jarboe, Board Member David Proffitt, Board Member
Rosalind Fishman, Board Member Michael Allendorf, Board Member Dean
Tharp, and Board Member Paul Bergmann
Absent: 1- Board Member Frederick Liggin
Paul Bergmann was sworn in by Assistant County Attorney John Carroll.
Approval Of Minutes
1. Minutes_042
114
On a motion by Member Tharp, seconded by Member Fishman, the minutes of
the meeting held on April 21, 2014 be approved. The vote was as follows:
Yes: 4- Jarboe, Proffitt, Fishman, and Tharp
Absent: 1- Liggin
Abstain: 2- Allendorf, and Bergmann
2. 14VARIANC Request: A variance to allow a residential structure to
E1031 encroach into the side yard setback, the
resultant of a rear one story addition
Project Name: The Greer’s Rear Addition
Location: 2210 Payne Street
Owner: Teresa Major Greer
Applicant: Inman Home Service, LLC
Representative: Phil Inman
Jurisdiction: Louisville Metro
Council District: 9 - Tina Ward-Pugh
Case Manager: Regina Thomas, Associate Planner
A motion was made by Member Tharp, seconded byMember Fishman, that the
variance for Case No. 14VARIANCE1031 be approved. The motion carried by the
following vote:
Yes: 6- Jarboe, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
Absent: 1- Liggin
Louisville Metro Government Page 1
Board of Zoning Adjustment Action Summary May 19, 2014
Public Hearing
3. 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
(Withdrawn by the Applicant)
4. 14VARIANC Request: Variance to allow a proposed building to
E1028 encroach into the street-side yard setback
Project Name: Chamberlain Crossing Business Park
Location: 2500 Chamberlain Crossing Drive
Owner: Chamberlain Crossings TIC
Applicant: Same as owner
Representative: Land Design and Development
Jurisdiction: Louisville Metro
Council District: 17 - Ken Fleming
Case Manager: Matthew R. Doyle, Planner I
A motion was made by Member Allendorf, seconded by Member Fishman, that
the variance for Case No. 14VARIANCE1028 be approved. The motion carried by
the following vote:
Yes: 6- Jarboe, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
Absent: 1- Liggin
Louisville Metro Government Page 2
Board of Zoning Adjustment Action Summary May 19, 2014
5. 14VARIANC Request: Variance to allow a proposed raised seating
E1030 area for a restaurant to encroach into the
required side yard and associated landscape
waivers
Project Name: Mellow Mushroom
Location: 41023-1025 Bardstown Road
Owner: Addyworld LLC
Applicant: Andy Blieden
Representative: Sabak, Wilson & Lingo, Inc.
Jurisdiction: Louisville
Council District: 8 - Tom Owen
Case Manager: Christopher Brown, Planner II
A motion was made by Member Fishman, seconded by Member Tharp, that the
variance for Case No. 14VARIANCE1030 be approved. The motion carried by the
following vote:
Yes: 6- Jarboe, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
Absent: 1- Liggin
A motion was made by Member Fishman, seconded by Member Tharp, that two
waivers for Case No. 14VARIANCE1030 be approved. The motion carried by the
following vote:
Yes: 6- Jarboe, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
Absent: 1- Liggin
6. 14VARIANC Request: Variance to allow a proposed garage to
E1033 encroach into the east and rear required
yards
Project Name: Proposed Garage
Location: 2306 Burrell Drive
Owner: Adrian Batts
Applicant: Joe Willis, Blue Grass Garage
Representative: Joe Willis, Blue Grass Garage
Jurisdiction: City of Shively
Council District: 3- Mary Woolridge
Case Manager: Sherie’ Long, Landscape Architect
A motion was made by Member Fishman, seconded by Member Bergmann, that
Case No. 14VARIANCE1033 be continued to June 2, 2014. The motion carried by
the following vote:
Yes: 6- Jarboe, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
Absent: 1- Liggin
Louisville Metro Government Page 3
Board of Zoning Adjustment Action Summary May 19, 2014
7. 14VARIANC Request: Variance to allow a proposed pergola to
E1034 encroach into the required yard
Project Name: None
Location: 2540 Wood Creek Rd.
Owner: Linda Winlock
Applicant: Trent Winlock
Representative: Same
Jurisdiction: Seneca Gardens
Council District: 8-Tom Owen
Case Manager: Latondra Yates, Planner II
A motion was made by Member Allendorf, seconded by Member Tharp, that the
variance for Case No. 14VARIANCE1034 be approved. The motion carried by the
following vote:
Yes: 6- Jarboe, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
Absent: 1- Liggin
8. 14VARIANC Request: Variances to allow an existing structure,
E1022 proposed sign and proposed
parking/maneuvering to encroach into the
required yards
Project Name: Nationwide Insurance
Location: 101 Oxford Pl.
Owner: CRL Properties, Inc.
Applicant: Same
Representative: Bill Bardenwerper, Bardenwerper, Talbott &
Roberts
Jurisdiction: St. Matthews
Council District: 9-Tina Ward-Pugh
Case Manager: Latondra Yates, Planner II
A motion was made by Member Allendorf, seconded by Member Fishman, that
the first two variances for Case No. 14VARIANCE1022 be approved. The motion
carried by the following vote:
Yes: 6- Jarboe, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
Absent: 1- Liggin
A motion was made by Member Allendorf, seconded by Member Fishman, that
the third variance for Case No. 14VARIANCE1022 be approved on condition. The
motion carried by the following vote:
Yes: 6- Jarboe, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
Absent: 1- Liggin
Louisville Metro Government Page 4
Board of Zoning Adjustment Action Summary May 19, 2014
A motion was made by Member Allendorf, seconded by Member Fishman, that
the fourth variance be approved on condition. The motion carried by the
following vote:
Yes: 6- Jarboe, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
Absent: 1- Liggin
9. 14VARIANC Request: Variance to allow a proposed building(s) to
E1027 exceed the maximum building setback from
US Highway 42; Waivers to allow proposed
parking in front of the building, to allow
parking to encroachment into the Parkway,
and to allow a masonry wall in place of the
required berm.
Project Name: Holiday Manor - Retail Shops
Location: 4942 US Highway 42.
Owner: Mark Blieden
Applicant: Mark Blieden
Representative: Matt Wolff, Sabak, Wilson & Lingo, Inc.
Jurisdiction: Louisville
Council District: 7 - Kenneth C. Fleming
Case Manager: Sherie’ Long, Landscape Architect
A motion was made by Member Allendorf, seconded by Member Tharp, that the
variance for Case No. 14VARIANCE1027 be approved. The motion carried by the
following vote:
Yes: 6- Jarboe, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
Absent: 1- Liggin
A motion was made by Member Allendorf, seconded by Member Tharp, that the
first waiver for Case No. 14VARIANCE1027 be approved. The motion carried by
the following vote:
Yes: 6- Jarboe, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
Absent: 1- Liggin
A motion was made by Member Allendorf, seconded by Member Tharp, that the
second waiver for Case No. 14VAIRANCE1027 be approved. The motion carried
by the following vote:
Yes: 6- Jarboe, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
Louisville Metro Government Page 5
Board of Zoning Adjustment Action Summary May 19, 2014
Absent: 1- Liggin
A motion was made by Member Allendorf, seconded by Member Tharp, that the
third waiver be approved. The motion carried by the following vote:
Yes: 4- Jarboe, Allendorf, Tharp, and Bergmann
No: 2- Proffitt, and Fishman
Absent: 1- Liggin
10. 14CUP1005 Request: Conditional Use Permit to allow outdoor
alcohol sales and consumption in a C-1
zoning district
Project Name: Fiesta Time Mexican Grill
Location: 133 South English Station Road
Owner: Faulkner Hinton Landis, LLC
Applicant: Faulkner Real Estate Corporation
Representative: William B. Bardenwerper
Jurisdiction: Louisville Metro
Council District: 20-Stuart Benson
Case Manager: Jon E. Crumbie, Planner II
A motion was made by Member Allendorf, seconded by Member Fishman, that
the Conditional Use Permit for Case No. 14CUP1005 be approved on condition.
The motion carried by the following vote:
Yes: 6- Jarboe, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
Absent: 1- Liggin
Adjournment
The meeting adjourned at approximately 12:35 p.m.
Louisville Metro Government Page 6
Agenda
Metro Development Center
Louisville Metro Government 444 S. 5th Street,
Conference Rm. 101
Louisville, KY 40202
Agenda
Board of Zoning Adjustment
Monday, May 19, 2014 8:30 AM Metro Development Center
Call To Order
Paul Bergmann was sworn in by Assistant County Attorney John Carroll.
Approval Of Minutes
1. Minutes_042114
2. 14VARIANCE1031
Request: A variance to allow a residential structure to encroach into
the side yard setback, the resultant of a rear one story
addition
Project Name: The Greer’s Rear Addition
Location: 2210 Payne Street
Owner: Teresa Major Greer
Applicant: Inman Home Service, LLC
Representative: Phil Inman
Jurisdiction: Louisville Metro
Council District: 9 - Tina Ward-Pugh
Case Manager: Regina Thomas, Associate Planner
Public Hearing
3. 14VARIANCE1020
Request: Variance to allow a proposed structure to 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
(Withdrawn by the Applicant)
Louisville Metro Government Page 1 Printed on 5/20/2014
Board of Zoning Adjustment Agenda May 19, 2014
4. 14VARIANCE1028
Request: Variance to allow a proposed building to encroach into the
street-side yard setback
Project Name: Chamberlain Crossing Business Park
Location: 2500 Chamberlain Crossing Drive
Owner: Chamberlain Crossings TIC
Applicant: Same as owner
Representative: Land Design and Development
Jurisdiction: Louisville Metro
Council District: 17 - Ken Fleming
Case Manager: Matthew R. Doyle, Planner I
5. 14VARIANCE1030
Request: Variance to allow a proposed raised seating area for a
restaurant to encroach into the required side yard and
associated landscape waivers
Project Name: Mellow Mushroom
Location: 41023-1025 Bardstown Road
Owner: Addyworld LLC
Applicant: Andy Blieden
Representative: Sabak, Wilson & Lingo, Inc.
Jurisdiction: Louisville
Council District: 8 - Tom Owen
Case Manager: Christopher Brown, Planner II
6. 14VARIANCE1033
Request: Variance to allow a proposed garage to encroach into the
east and rear required yards
Project Name: Proposed Garage
Location: 2306 Burrell Drive
Owner: Adrian Batts
Applicant: Joe Willis, Blue Grass Garage
Representative: Joe Willis, Blue Grass Garage
Jurisdiction: City of Shively
Council District: 3- Mary Woolridge
Case Manager: Sherie’ Long, Landscape Architect
Louisville Metro Government Page 2 Printed on 5/20/2014
Board of Zoning Adjustment Agenda May 19, 2014
7. 14VARIANCE1034
Request: Variance to allow a proposed pergola to encroach into the
required yard
Project Name: None
Location: 2540 Wood Creek Rd.
Owner: Linda Winlock
Applicant: Trent Winlock
Representative: Same
Jurisdiction: Seneca Gardens
Council District: 8-Tom Owen
Case Manager: Latondra Yates, Planner II
8. 14VARIANCE1022
Request: Variances to allow an existing structure, proposed sign and
proposed parking/maneuvering to encroach into the
required yards
Project Name: Nationwide Insurance
Location: 101 Oxford Pl.
Owner: CRL Properties, Inc.
Applicant: Same
Representative: Bill Bardenwerper, Bardenwerper, Talbott & Roberts
Jurisdiction: St. Matthews
Council District: 9-Tina Ward-Pugh
Case Manager: Latondra Yates, Planner II
9. 14VARIANCE1027
Request: Variance to allow a proposed building(s) to exceed the
maximum building setback from US Highway 42; Waivers to
allow proposed parking in front of the building, to allow
parking to encroachment into the Parkway, and to allow a
masonry wall in place of the required berm.
Project Name: Holiday Manor - Retail Shops
Location: 4942 US Highway 42.
Owner: Mark Blieden
Applicant: Mark Blieden
Representative: Matt Wolff, Sabak, Wilson & Lingo, Inc.
Jurisdiction: Louisville
Council District: 7 - Kenneth C. Fleming
Case Manager: Sherie’ Long, Landscape Architect
Louisville Metro Government Page 3 Printed on 5/20/2014
Board of Zoning Adjustment Agenda May 19, 2014
10. 14CUP1005
Request: Conditional Use Permit to allow outdoor alcohol sales and
consumption in a C-1 zoning district
Project Name: Fiesta Time Mexican Grill
Location: 133 South English Station Road
Owner: Faulkner Hinton Landis, LLC
Applicant: Faulkner Real Estate Corporation
Representative: William B. Bardenwerper
Jurisdiction: Louisville Metro
Council District: 20-Stuart Benson
Case Manager: Jon E. Crumbie, Planner II
Adjournment
Louisville Metro Government Page 4 Printed on 5/20/2014
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