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Board of Zoning Adjustment

Regular Meeting

Louisville, KY · May 19, 2014

AgendaMinutes

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Jurisdiction: City of Anchorage Council District: 17 - Glen Stuckel Case Manager: Sherie’ Long, Landscape Architect (Withdrawn by the Applicant) 4. 14VARIANC Request: Variance to allow a proposed building to E1028 encroach into the street-side yard setback Project Name: Chamberlain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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