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, June 2, 2014 8:30 AM Metro Development Center Call To Order Present: 5- Board Member Betty Jarboe, Board Member David Proffitt, Board Member Michael Allendorf, Board Member Dean Tharp, and Board Member Paul Bergmann Absent: 2- Board Member Frederick Liggin, and Board Member Rosalind Fishman Approval Of Minutes 1. Minutes_051 914 On a motion by Member Tharp, seconded by Member Bergmann, the minutes of the meeting held on May 19, 2014 were approved. Yes: 5- Jarboe, Proffitt, Allendorf, Tharp, and Bergmann Absent: 2- Liggin, and Fishman Business Session 2. 14VARIANC Request: Variance to allow the resultant of a proposed E1039 attached enclosed porch to reduce the required private yard. Project Name: Enclosed Porch Location: 1325 South 3rd Street Owner: GHP4, LLC Applicant: Paul Parker Representative: Bill Nunery Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Regina Thomas, Associate Planner (REMOVED BY THE STAFF) Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary June 2, 2014 3. 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 (Continued from May 19, 2014) A motion was made by Member Allendorf, seconded by Member Jarboe, that the variances for Case No. 14VARIANCE1033 be approved as amended with the first variance on the east property line being a 1 ft. variance--not 2. The motion carried by the following vote: Yes: 5- Jarboe, Proffitt, Allendorf, Tharp, and Bergmann Absent: 2- Liggin, and Fishman 4. 14VARIANC Request: Variance to allow an existing garage to be 2 E1035 feet from the north side yard property line (resultant of porch addition). Project Name: Existing Garage Location: 207 Eline Avenue Owner: Karen Force Applicant: Same as Above Representative: Mick Miller, Force Construction Company Jurisdiction: City of St. Matthews Council District: 9 - Tina Ward-Pugh Case Manager: Sherie’ Long, Landscape Architect A motion was made by Member Bergmann, seconded by Member Tharp, that the variance to allow an existing detached garage as a resultant of a porch addition to be 2 feet from the north property line. The motion carried by the following vote: Yes: 5- Jarboe, Proffitt, Allendorf, Tharp, and Bergmann Absent: 2- Liggin, and Fishman A motion was made by Member Jarboe, seconded by Member Allendorf, that another variance for Case No. 14VARIANCE1035 was added to the request and was approved. The motion carried by the following vote: Yes: 5- Jarboe, Proffitt, Allendorf, Tharp, and Bergmann Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary June 2, 2014 Absent: 2- Liggin, and Fishman 5. 14VARIANC Request: Variance to allow a sign the exceed the E1037 maximum area and height Project Name: Aamco Location: 11696 Dixie Hwy. Owner: A&A Land & Development Applicant: Commonwealth Sign Co. Representative: Same Jurisdiction: Louisville Metro Council District: 14-Cindi Fowler Case Manager: Latondra Yates, Planner II A motion was made by Member Allendorf, seconded by Member Jarboe, that a variance to allow a freestanding sign to be 97.5 sq. ft. in area; and a variance to allow a freestanding sign to be 18 feet tall instead of requested 24 feet tall in Case No. 14VARIANCE1037 be approved as amended. The motion carried by the following vote: Yes: 4- Jarboe, Proffitt, Allendorf, and Tharp No: 1- Bergmann Absent: 2- Liggin, and Fishman 6. 14VARIANC Request: Variance to allow an existing garage to be 2 E1038 feet from the north side yard property line (resultant of rear addition) and proposed house addition to be 2 feet 10 inches from the south side yard property line. Project Name: Existing Garage and Proposed House Addition Location: 406 Macon Avenue Owner: Lowell & Phyllis Hughes Applicant: Same as Above Representative: Patrick Wissing Jurisdiction: City of St. Matthews Council District: 9 - Tina Ward-Pugh Case Manager: Sherie’ Long, Landscape Architect A motion was made by Member Jarboe, seconded by Member Bergmann, that the first two variances be approved. The motion carried by the following vote: Yes: 5- Jarboe, Proffitt, Allendorf, Tharp, and Bergmann Absent: 2- Liggin, and Fishman Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary June 2, 2014 The Board added a 3rd variance to allow 9 feet between the garage and addition or a 6 ft. variance. A motion was made by Member Jarboe, seconded by Member Allendorf, this Variance in Case No.14VARIANCE1038 be approved. The motion carried by the following vote: Yes: 5- Jarboe, Proffitt, Allendorf, Tharp, and Bergmann Absent: 2- Liggin, and Fishman 7. 14VARIANC Request: Variance to allow a proposed wooden deck to E1041 encroach into the required Thompson Avenue street side yard. Project Name: Proposed Wooden Deck Location: 3600 St. Germaine Court Owner: Carter & Jennifer Chapman Applicant: same as above Representative: Jennifer Chapman Tim Marks, Tim Marks Construction, Inc. Jurisdiction: City of St. Matthews Council District: 9 - Tina Ward-Pugh Case Manager: Sherie’ Long, Landscape Architect A motion was made by Member Allendorf, seconded by Member Bergmann, that Case No. 14VARIANCE1041 be approved. The motion carried by the following vote: Yes: 5- Jarboe, Proffitt, Allendorf, Tharp, and Bergmann Absent: 2- Liggin, and Fishman 8. 14VARIANC Request: Variance to allow a proposed structure to E1042 encroach into the required side yard Project Name: Single-Family Residence Location: 1511 S. 31st St. Owner: Habitat for Humanity of Metro Louisville Applicant: Same Representative: Same Jurisdiction: Louisville Metro Council District: 3-Mary Woolridge Case Manager: Latondra Yates, Planner II The applicant withdrew this case. Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary June 2, 2014 9. 14VARIANC Request: Variance to allow a proposed brick wall to E1043 exceed the maximum height Project Name: Proposed Brick Wall Location: 2 River Hill Rd. Owner: Michael and Nancy Loring Applicant: Same Representative: Same Jurisdiction: Indian Hills Council District: 7-Ken Fleming Case Manager: Latondra Yates, Planner II A motion was made by Member Allendorf, seconded by Member Jarboe, that two variances for Case No. 14VARIANCE1043 be approved. The motion carried by the following vote: Yes: 5- Jarboe, Proffitt, Allendorf, Tharp, and Bergmann Absent: 2- Liggin, and Fishman 10. 14VARIANC Request: Variance to allow a proposed garage to be 5 E1044 feet from the rear yard property line and more than 30% of the required rear yard. Project Name: Proposed Garage Location: 3923 Warner Avenue Owner: Gregory & Stephanie Smith Applicant: Joe Willis, Blue Grass Garage Representative: Joe Willis, Blue Grass Garage Jurisdiction: City of St. Matthews Council District: 9 - Tina Ward-Pugh Case Manager: Sherie’ Long, Landscape Architect A motion was made by Member Bergmann, seconded by Member Jarboe, that the two variances for Case No. 14VARIANCE1044 be denied. The motion carried by the following vote: Yes: 4- Jarboe, Proffitt, Tharp, and Bergmann Absent: 2- Liggin, and Fishman Abstain: 1- Allendorf Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary June 2, 2014 11. 13CUP1019 Request: Conditional Use Permit to allow off-street parking in an R-4 zoning district Project Name: AT&T Parking Lot Expansion Location: 411 Evergreen Road Owner: AT&T Applicant: AT&T Representative: Joseph Murphy Jurisdiction: Middletown Council District: 19-Jerry Miller Case Manager: Jon E. Crumbie, Planner II A motion was made by Member Tharp, seconded by Member Allendorf, that Case No. 13CUP1019 be continued to July 21, 2014. The motion carried by the following vote: Yes: 5- Jarboe, Proffitt, Allendorf, Tharp, and Bergmann Absent: 2- Liggin, and Fishman 12. 14CUP1006 Request: Conditional Use Permit to allow an accessory apartment in an R-5 zoning district Project Name: None Location: 1007 & 1009 Sylvia Street Owner: Stephen F. Jones Applicant: Stephen F. Jones Representative: Glenn Price Jurisdiction: Louisville Metro Council District: 10-Jim King Case Manager: Jon E. Crumbie, Planner II A motion was made by Member Allendorf, seconded by Member Tharp, thatCase No. 14CUP1006 be approved on condition. The motion carried by the following vote: Yes: 5- Jarboe, Proffitt, Allendorf, Tharp, and Bergmann Absent: 2- Liggin, and Fishman Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary June 2, 2014 13. 14APPEAL1 Request: Appeal of a determination issued by the 002 Department of Codes and Regulations concerning nonconforming rights for a multi family (3 units) structure. Project Name: Tri-plex Location: 2123 Grand Avenue Owner: Russell & Harriet Patrick Applicant: Russell & Harriet Patrick Representative: Russell & Harriet Patrick Jurisdiction: Louisville Metro Council District: 6 -David James Case Manager: Steve Hendrix, Planning Supervisor (CONTINUED FROM 4/7/14) A motion was made by Board Member Jarboe to approve the Appeal for Case No. 14APPEAL1002 and was seconded by Member Allendorf. The motion failed by the following vote: Yes: 2- Jarboe, and Allendorf No: 2- Proffitt, and Tharp Absent: 3- Liggin, Fishman, and Bergmann A motion was made by Board Member Allendorf to continue Case No. 14APPEAL1002 to June 16, 2014 where the record is closed and no more testimony will be taken, and was seconded by Member Tharp. The motion carried by the following vote: Yes: 4- Jarboe, Proffitt, Allendorf, and Tharp Absent: 3- Liggin, Fishman, and Bergmann Adjournment The meeting adjourned at 1:00 p.m. Louisville Metro Government Page 7