Board of Zoning Adjustment
Regular MeetingLouisville, KY · June 16, 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, June 16, 2014 8:30 AM Metro Development Center
Call To Order
Present: 7- Board Member Betty Jarboe, Board Member Frederick Liggin, Board Member
David Proffitt, Board Member Rosalind Fishman, Board Member Michael
Allendorf, Board Member Dean Tharp, and Board Member Paul Bergmann
Approval Of Minutes
1. Minutes_060
214
A motion was made by Board Member Allendorf, seconded by Board Member
Tharp, that the minutes of the meeting held on June 2, 2014 be approved. The
motion carried by the following vote:
Yes: 5- Jarboe, Proffitt, Allendorf, Tharp, and Bergmann
Abstain: 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
(CONTINUED FROM JUNE 2, 2014)
A motion was made by Board Member Fishman, seconded by Board Member
Tharp, that Case No. 14VARIANCE1039 be approved. The motion carried by the
following vote:
Yes: 7- Jarboe, Liggin, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
Public Hearing
Louisville Metro Government Page 1
Board of Zoning Adjustment Action Summary June 16, 2014
3. 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 Liggin, seconded by Board Member
Fishman, that Case No. 14APPEAL1002 be approved. The motion carried by the
following vote:
Yes: 5- Jarboe, Liggin, Fishman, Allendorf, and Bergmann
No: 2- Proffitt, and Tharp
4. 14VARIANC Request: Variances to exceed maximum building
E1002 setback
Project Name: The Shoppes at Gardiner Park
Location: 100 Flat Rock Road and 16411Shelbyville
Road
Owner: Shoppes at Gardiner Park LLC
Applicant: Shoppes at Gardiner Park LLC
Representative: Land Design and Development;
Bardenwerper Talbott and Roberts
Jurisdiction: Louisville Metro
Council District: 19- Jerry Miller
Case Manager: Julia Williams, AICP, Planner II
(Continued from March 17, 2014)
A motion was made by Board Member Allendorf, seconded by Board Member
Fishman, that Case No. 14VARIANCE1002 be approved. The motion carried by the
following vote:
Yes: 7- Jarboe, Liggin, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
Louisville Metro Government Page 2
Board of Zoning Adjustment Action Summary June 16, 2014
5. 14VARIANC Request: Variance to allow proposed building addition
E1029 to encroach into the required front yard
setback
Project Name: King Louie’s Place
Location: 598 & 600 N. English Station Rd
Owner: Blind Squirrel, LLC
Applicant: Blind Squirrel, LLC
Representative: Deborah Bilitski, Wyatt, Tarrant & Combs,
LLP
Land Design & Development, Inc.
Jurisdiction: Middletown
Council District: 19 - Jerry Miller
Case Manager: Christopher Brown, Planner II
A motion was made by Board Member Allendorf, seconded by Board Member
Fishman, that Case No. 14VARIANCE1029 be approved. The motion carried by the
following vote:
Yes: 7- Jarboe, Liggin, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
6. 14VARIANC Request: Variance to allow an existing garage and
E1000/1001 house to encroach into the required rear and
front yard setbacks
Project Name: French Minor Plat
Location: 4240 River Park Dr
Owner: Anthony French
Applicant: Anthony French
Representative: Renaissance Design Build Inc.
Jurisdiction: Louisville
Council District: 5 - Cheri Bryant Hamilton
Case Manager: Christopher Brown, Planner II
A motion was made by Board Member Allendorf, seconded by Board Member
Liggin, that Case No. 14VARIANCE1000/1001 be approved as amended. The
motion carried by the following vote:
Yes: 7- Jarboe, Liggin, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
Louisville Metro Government Page 3
Board of Zoning Adjustment Action Summary June 16, 2014
7. 14VARIANC Request: Variance to allow a proposed fence to exceed
E1045 the maximum height requirement
Project Name: None - Residential Single Family
Location: 376 North 41st Street
Owner: Kristina Mucker
Applicant: Kristina Mucker
Representative: Kristina Mucker
Jurisdiction: Louisville Metro
Council District: 5 - Cheri Bryant Hamilton
Case Manager: Jon E. Crumbie, Planner II
A motion was made by Board Member Fishman, seconded by Board Member
Liggin, that Case No. 14VARIANCE1045 be approved. The motion carried by the
following vote:
Yes: 7- Jarboe, Liggin, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
8. 14VARIANC Request: Variance to allow proposed attached signage
E1046 to exceed the maximum height.
Project Name: Ford Produce Banner
Location: 3001 Chamberlain Lane
Owner: Ford - Kentucky Truck Plant
Applicant: Same as Above
Representative: Todd Ashton
Jurisdiction: Louisville
Council District: 17 - Glen Stuckel
Case Manager: Sherie’ Long, Landscape Architect
A motion was made by Board Member Fishman, seconded by Board Member
Tharp, that Case No. 14VARIANCE1046 be approved. The motion carried by the
following vote:
Yes: 6- Liggin, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
No: 1- Jarboe
Louisville Metro Government Page 4
Board of Zoning Adjustment Action Summary June 16, 2014
9. 14CUP1004 Request: Conditional Use Permit, variances and
waivers to allow a nursing home
Project Name: Clarity Pointe
Location: 13700 English Villa Dr., 101 English Station
Wy.
Owner: BCBD - BrightPointe, LLC.
Applicant: Same
Representative: Bill Bardenwerper, Bardenwerper, Talbott &
Roberts
Jurisdiction: Louisville Metro and Middletown
Council District: 19 - Jerry Miller and 20 - Stuart Benson
Case Manager: Latondra Yates, Planner II
A motion was made by Board Member Allendorf, seconded by Board Member
Liggin, that the Conditional Use Permit for Case No. 14CUP1004 be approved
with conditions of approval. The motion carried by the following vote:
Yes: 7- Jarboe, Liggin, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
A motion was made by Board Member Allendorf, seconded by Board Member
Liggin, that the first two variances for Case No. 14CUP1004 be approved. The
motion carried by the following vote:
Yes: 7- Jarboe, Liggin, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
A motion was made by Board Member Allendorf, seconded by Board Member
Liggin, that the last two variances for Case No. 14CUP1004 be approved. The
motion carried by the following vote:
Yes: 7- Jarboe, Liggin, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
A motion was made by Board Member Allendorf, seconded by Board Member
Liggin, that the waiver for Case No. 14CUP1004 be approved. The motion carried
by the following vote:
Yes: 7- Jarboe, Liggin, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
Louisville Metro Government Page 5
Board of Zoning Adjustment Action Summary June 16, 2014
10. 14CUP1010 Request: Conditional Use Permit, variances and
waivers to allow a nursing home
Project Name: 9107 Taylorsville Rd.
Location: 9107, 9109 and 9113 Taylorsville Rd.
Owner: 9107 Taylorsville Rd., LLC.
Applicant: Turtle Creek Management, LLC.
Representative: Bill Bardenwerper, Bardenwerper, Talbott &
Roberts
Jurisdiction: Forest Hills
Council District: 18 - Marilyn Parker
Case Manager: Latondra Yates, Planner II
A motion was made by Board Member Fishman, seconded by Board Member
Tharp, that the Condtional Use Permit for Case No. 14CUP1010 be approved with
conditions of approval. The motion carried by the following vote:
Yes: 7- Jarboe, Liggin, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
A motion was made by Board Member Fishman, seconded by Board Member
Tharp, that three variances be approved as amended for Case No. 14CUP1010.
The motion carried by the following vote:
Yes: 7- Jarboe, Liggin, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
A motion was made by Board Member Fishman, seconded by Board Member
Tharp, that the waiver for Case No. 14CUP1010 be approved. The motion carried
by the following vote:
Yes: 7- Jarboe, Liggin, Proffitt, Fishman, Allendorf, Tharp, and Bergmann
Adjournment
The meeting adjourned at 12:16 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, June 16, 2014 8:30 AM Metro Development Center
Call To Order
Approval Of Minutes
1. Minutes_060214
Business Session
2. 14VARIANCE1039
Request: Variance to allow the resultant of a proposed 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
(CONTINUED FROM JUNE 2, 2014)
Public Hearing
3. 14APPEAL1002
Request: Appeal of a determination issued by the 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)
Louisville Metro Government Page 1 Printed on 6/12/2014
Board of Zoning Adjustment Agenda June 16, 2014
4. 14VARIANCE1002
Request: Variances to exceed maximum building setback
Project Name: The Shoppes at Gardiner Park
Location: 100 Flat Rock Road and 16411Shelbyville Road
Owner: Shoppes at Gardiner Park LLC
Applicant: Shoppes at Gardiner Park LLC
Representative: Land Design and Development; Bardenwerper Talbott and
Roberts
Jurisdiction: Louisville Metro
Council District: 19- Jerry Miller
Case Manager: Julia Williams, AICP, Planner II
(Continued from March 17, 2014)
5. 14VARIANCE1029
Request: Variance to allow proposed building addition to encroach
into the required front yard setback
Project Name: King Louie’s Place
Location: 598 & 600 N. English Station Rd
Owner: Blind Squirrel, LLC
Applicant: Blind Squirrel, LLC
Representative: Deborah Bilitski, Wyatt, Tarrant & Combs, LLP
Land Design & Development, Inc.
Jurisdiction: Middletown
Council District: 19 - Jerry Miller
Case Manager: Christopher Brown, Planner II
6. 14VARIANCE1000/1001
Request: Variance to allow an existing garage and house to encroach
into the required rear and front yard setbacks
Project Name: French Minor Plat
Location: 4240 River Park Dr
Owner: Anthony French
Applicant: Anthony French
Representative: Renaissance Design Build Inc.
Jurisdiction: Louisville
Council District: 5 - Cheri Bryant Hamilton
Case Manager: Christopher Brown, Planner II
Louisville Metro Government Page 2 Printed on 6/12/2014
Board of Zoning Adjustment Agenda June 16, 2014
7. 14VARIANCE1045
Request: Variance to allow a proposed fence to exceed the maximum
height requirement
Project Name: None - Residential Single Family
Location: 376 North 41st Street
Owner: Kristina Mucker
Applicant: Kristina Mucker
Representative: Kristina Mucker
Jurisdiction: Louisville Metro
Council District: 5 - Cheri Bryant Hamilton
Case Manager: Jon E. Crumbie, Planner II
8. 14VARIANCE1046
Request: Variance to allow proposed attached signage to exceed the
maximum height.
Project Name: Ford Produce Banner
Location: 3001 Chamberlain Lane
Owner: Ford - Kentucky Truck Plant
Applicant: Same as Above
Representative: Todd Ashton
Jurisdiction: Louisville
Council District: 17 - Glen Stuckel
Case Manager: Sherie’ Long, Landscape Architect
9. 14CUP1004
Request: Conditional Use Permit, variances and waivers to allow a
nursing home
Project Name: Clarity Pointe
Location: 13700 English Villa Dr., 101 English Station Wy.
Owner: BCBD - BrightPointe, LLC.
Applicant: Same
Representative: Bill Bardenwerper, Bardenwerper, Talbott & Roberts
Jurisdiction: Louisville Metro and Middletown
Council District: 19 - Jerry Miller and 20 - Stuart Benson
Case Manager: Latondra Yates, Planner II
10. 14CUP1010
Request: Conditional Use Permit, variances and waivers to allow a
nursing home
Project Name: 9107 Taylorsville Rd.
Location: 9107, 9109 and 9113 Taylorsville Rd.
Owner: 9107 Taylorsville Rd., LLC.
Applicant: Turtle Creek Management, LLC.
Representative: Bill Bardenwerper, Bardenwerper, Talbott & Roberts
Jurisdiction: Forest Hills
Council District: 18 - Marilyn Parker
Case Manager: Latondra Yates, Planner II
Louisville Metro Government Page 3 Printed on 6/12/2014
Board of Zoning Adjustment Agenda June 16, 2014
Adjournment
Louisville Metro Government Page 4 Printed on 6/12/2014
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