Board of Zoning Adjustment
Regular MeetingLouisville, KY · August 18, 2014
Minutes
Old Jail Auditorium
Louisville Metro Government 514 W. Liberty St.
Louisville, KY 40202
Action Summary
Board of Zoning Adjustment
Monday, August 18, 2014 8:30 AM Old Jail Building
Call To Order
Present: 7- Board Member Rosalind Fishman, Board Member Michael Allendorf, Board
Member Dean Tharp, Board Member Paul Bergmann, Board Member David
Proffitt, Board Member Frederick Liggin, and Board Member Betty Jarboe
1. Minutes_080 Approval of the minutes of the meeting held on August 4, 2014
414
A motion was made Board Member Liggin, seconded by Board Member
Bergmann that the minutes of the meeting conducted on August 4, 2014 be
approved. The motion carried by the following vote:
Yes: 5- Fishman, Tharp, Bergmann, Proffitt, and Liggin
Absent: 1- Allendorf
Abstain: 1- Jarboe
Business Session
2. 14VARIANC Request: Variance from the Land Development Code
E1068 to allow a structure to encroach into the
required side yard.
Project Name: House Addition
Location: 2502 Hale Avenue
Owner: Lolita Lawson
Applicant: Lolita Lawson
Representative: None
Jurisdiction: Louisville Metro
Council District: 6 - David James
Case Manager: Regina Thomas, Associate Planner
A motion was made by Board Member Fishman, seconded by Board Member
Liggin that non-hearing variance for Case No. 14VARIANCE1068 be approved.
The motion carried by the following vote:
Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Liggin, and Jarboe
Absent: 1- Allendorf
Louisville Metro Government Page 1
Board of Zoning Adjustment Action Summary August 18, 2014
3. 14VARIANC Request: Variance from the Land Development Code
E1074 to allow a proposed addition to encroach into
the required side yard.
Project Name: House Addition
Location: 2202 Newmarket Drive
Owner: Robert J. & Kathy A. Benish
Applicant: Robert J. & Kathy A. Benish
Representative: None
Jurisdiction: Louisville Metro
Council District: 16 - Kelly Downard
Case Manager: Regina Thomas, Associate Planner
A motion was made by Board Member Fishman, seconded by Board Member
Liggin, that the non-hearing Variance for Case No. 14VARIANCE1074 be
approved. The motion carried by the following vote:
Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Liggin, and Jarboe
Absent: 1- Allendorf
Public Hearing
4. 14CUP1011 Request: Conditional Use Permit to allow a crematory
addition to an existing funeral home in a CM
zoning district
Project Name: Newcomer Funeral Home
Location: 10304 Dixie Highway
Owner: Kentucky funeral Services, LLC
Applicant: Newcomer Funeral Service Group
Representative: William B. Bardenwerper
Jurisdiction: Louisville Metro
Council District: 14 - Cindi Fowler
Case Manager: Jon E. Crumbie, Planner II
(CONTINUED FROM JULY 21, 2014)
A motion was made by Board Member Allendorf, seconded by Board Member
Bergmann, that the Conditional Use Permit for Case No. 14CUP1011 be approved
with conditions of approval. The motion carried by the following vote:
Yes: 6- Allendorf, Tharp, Bergmann, Proffitt, Liggin, and Jarboe
Not Voting: 1- Fishman
Louisville Metro Government Page 2
Board of Zoning Adjustment Action Summary August 18, 2014
5. 14VARIANC Request: Variances from the Land Development Code
E1070 to allow proposed structures to exceed the
maximum front setback
Project Name: Creek View Estates
Location: 9100, 9101, 9102 & 9104 Blue Boulder Court
Owner: Dominion Homes of Kentucky, LTD
Applicant: Dominion Homes of Kentucky, LTD
Representative: Kathy M. Linares
Jurisdiction: Louisville Metro
Council District: 22 - Robin Engel
Case Manager: Jon E. Crumbie, Planner II
A motion was made by Board Member Allendorf, seconded by Board Member
Fishman, that the 4 variances for Case No. 14VARIANCE1070 be approved. The
motion carried by the following vote:
Yes: 6- Fishman, Allendorf, Tharp, Bergmann, Proffitt, and Liggin
No: 1- Jarboe
6. 14VARIANC Request: Variance from the Land Development Code
E1064 to allow a private yard reduction, and waivers
for an existing accessory structure
Project Name: None (garage addition
Location: 1214 Lillian Ave.
Owner: Dennis Mattingly
Applicant: Santos Pineda
Representative: Same
Jurisdiction: Louisville Metro
Council District: 6 - David James
Case Manager: Latondra Yates, Planner II
A motion was made by Board Member Fishman, seconded by Board Member
Tharp that the variance for Case No. 14VARIANCE1064 be approved. The motion
carried by the following vote:
Yes: 6- Fishman, Allendorf, Tharp, Bergmann, Proffitt, and Jarboe
Absent: 1- Liggin
A motion was made by Board Member Fishman, seconded by Board Member
Tharp, that two waivers for Case No. 14VARIANCE1064 be approved. The motion
carried by the following vote:
Yes: 6- Fishman, Allendorf, Tharp, Bergmann, Proffitt, and Jarboe
Abstain: 1- Liggin
Louisville Metro Government Page 3
Board of Zoning Adjustment Action Summary August 18, 2014
7. 14VARIANC Request: Variance to allow proposed attached signage
E1073 to exceed the maximum height
Project Name: Kentucky One Health
Location: 3920 Dutchmans Ln.
Owner: Jewish Hospital & St. Marys HE
Applicant: Same
Representative: Same
Jurisdiction: St. Matthews
Council District: 26 - Brent Ackerson
Case Manager: Latondra Yates, Planner II
A motion was made by Board Member Jarboe, seconded by Board Member
Fishman, that the 6 variances for Case No. 14VARIANCE1073 be approved. The
motion carried by the following vote:
Yes: 6- Fishman, Allendorf, Bergmann, Proffitt, Liggin, and Jarboe
Absent: 1- Tharp
8. 14VARIANC Request: Variances from the Land Development Code
E1069 to allow a proposed addition to encroach into
the required infill street side yard.
Project Name: House Addition
Location: 3216 Rock Creek Drive
Owner: Francis & Alice Fensterer, III
Applicant: Francis Fensterer, III
Representative: Mick Logsdon, Logsdon Surveying
Jurisdiction: Louisville Metro
Council District: 9 - Tina Ward-Pugh
Case Manager: Sherie’ Long, Landscape Architect
A motion was made by Board Member Allendorf, seconded by Board Member
Fishman, that the variance for Case No. 14VARIANCE1069 be approved. The
motion carried by the following vote:
Yes: 6- Fishman, Allendorf, Bergmann, Proffitt, Liggin, and Jarboe
Absent: 1- Tharp
Louisville Metro Government Page 4
Board of Zoning Adjustment Action Summary August 18, 2014
9. 14VARIANC Request: Variances from the Land Development Code
E1071 to allow a proposed two story rear addition to
encroach into the required side yard.
Project Name: Rear House Addition
Location: 212 Pope Street
Owner: Melissa Doggett, More Properties LLC
Applicant: Melissa Doggett, More Properties, LLC
Representative: Pat Crick, JPC Builders
Jurisdiction: Louisville Metro
Council District: 9 - Tina Ward-Pugh
Case Manager: Sherie’ Long, Landscape Architect
A motion was made by Board Member Allendorf, seconded by Board Member
Fishman, that the variance for Case No. 14VARIANCE1071 be approved. The
motion carried by the following vote:
Yes: 5- Fishman, Allendorf, Bergmann, Proffitt, and Liggin
No: 1- Jarboe
Absent: 1- Tharp
10. 14VARIANC Request: Variances from the Land Development Code
E1072 to allow a proposed two story rear addition to
encroach into the required side yard.
Project Name: Rear House Addition
Location: 2045 Alta Avenue
Owner: Nathan Cole & Eleanor Peterson
Applicant: Nathan Smith, Part Studio, LLC
Representative: Nathan Smith, Part Studio, LLC
Jurisdiction: Louisville Metro
Council District: 8 - Tom Owen
Case Manager: Sherie’ Long, Landscape Architect
A motion was made by Board Member Allendorf, seconded by Board Member
Jarboe, that the variance for Case No. 14VARIANCE1072 be approved. The
motion carried by the following vote:
Yes: 6- Fishman, Allendorf, Bergmann, Proffitt, Liggin, and Jarboe
Absent: 1- Tharp
Adjournment
The meeting adjourned at 12:15 p.m.
Louisville Metro Government Page 5
Agenda
Old Jail Auditorium
Louisville Metro Government 514 W. Liberty St.
Louisville, KY 40202
Agenda
Board of Zoning Adjustment
Monday, August 18, 2014 8:30 AM Old Jail Building
Call To Order
1. Minutes_080414
Approval of the minutes of the meeting held on August 4, 2014
Business Session
2. 14VARIANCE1068
Request: Variance from the Land Development Code to allow a
structure to encroach into the required side yard.
Project Name: House Addition
Location: 2502 Hale Avenue
Owner: Lolita Lawson
Applicant: Lolita Lawson
Representative: None
Jurisdiction: Louisville Metro
Council District: 6 - David James
Case Manager: Regina Thomas, Associate Planner
3. 14VARIANCE1074
Request: Variance from the Land Development Code to allow a
proposed addition to encroach into the required side yard.
Project Name: House Addition
Location: 2202 Newmarket Drive
Owner: Robert J. & Kathy A. Benish
Applicant: Robert J. & Kathy A. Benish
Representative: None
Jurisdiction: Louisville Metro
Council District: 16 - Kelly Downard
Case Manager: Regina Thomas, Associate Planner
Public Hearing
Louisville Metro Government Page 1 Printed on 8/15/2014
Board of Zoning Adjustment Agenda August 18, 2014
4. 14CUP1011
Request: Conditional Use Permit to allow a crematory addition to an
existing funeral home in a CM zoning district
Project Name: Newcomer Funeral Home
Location: 10304 Dixie Highway
Owner: Kentucky funeral Services, LLC
Applicant: Newcomer Funeral Service Group
Representative: William B. Bardenwerper
Jurisdiction: Louisville Metro
Council District: 14 - Cindi Fowler
Case Manager: Jon E. Crumbie, Planner II
(CONTINUED FROM JULY 21, 2014)
5. 14VARIANCE1070
Request: Variances from the Land Development Code to allow
proposed structures to exceed the maximum front setback
Project Name: Creek View Estates
Location: 9100, 9101, 9102 & 9104 Blue Boulder Court
Owner: Dominion Homes of Kentucky, LTD
Applicant: Dominion Homes of Kentucky, LTD
Representative: Kathy M. Linares
Jurisdiction: Louisville Metro
Council District: 22 - Robin Engel
Case Manager: Jon E. Crumbie, Planner II
6. 14VARIANCE1064
Request: Variance from the Land Development Code to allow a
private yard reduction, and waivers for an existing
accessory structure
Project Name: None (garage addition
Location: 1214 Lillian Ave.
Owner: Dennis Mattingly
Applicant: Santos Pineda
Representative: Same
Jurisdiction: Louisville Metro
Council District: 6 - David James
Case Manager: Latondra Yates, Planner II
Louisville Metro Government Page 2 Printed on 8/15/2014
Board of Zoning Adjustment Agenda August 18, 2014
7. 14VARIANCE1073
Request: Variance to allow proposed attached signage to exceed the
maximum height
Project Name: Kentucky One Health
Location: 3920 Dutchmans Ln.
Owner: Jewish Hospital & St. Marys HE
Applicant: Same
Representative: Same
Jurisdiction: St. Matthews
Council District: 26 - Brent Ackerson
Case Manager: Latondra Yates, Planner II
8. 14VARIANCE1069
Request: Variances from the Land Development Code to allow a
proposed addition to encroach into the required infill street
side yard.
Project Name: House Addition
Location: 3216 Rock Creek Drive
Owner: Francis & Alice Fensterer, III
Applicant: Francis Fensterer, III
Representative: Mick Logsdon, Logsdon Surveying
Jurisdiction: Louisville Metro
Council District: 9 - Tina Ward-Pugh
Case Manager: Sherie’ Long, Landscape Architect
9. 14VARIANCE1071
Request: Variances from the Land Development Code to allow a
proposed two story rear addition to encroach into the
required side yard.
Project Name: Rear House Addition
Location: 212 Pope Street
Owner: Melissa Doggett, More Properties LLC
Applicant: Melissa Doggett, More Properties, LLC
Representative: Pat Crick, JPC Builders
Jurisdiction: Louisville Metro
Council District: 9 - Tina Ward-Pugh
Case Manager: Sherie’ Long, Landscape Architect
Louisville Metro Government Page 3 Printed on 8/15/2014
Board of Zoning Adjustment Agenda August 18, 2014
10. 14VARIANCE1072
Request: Variances from the Land Development Code to allow a
proposed two story rear addition to encroach into the
required side yard.
Project Name: Rear House Addition
Location: 2045 Alta Avenue
Owner: Nathan Cole & Eleanor Peterson
Applicant: Nathan Smith, Part Studio, LLC
Representative: Nathan Smith, Part Studio, LLC
Jurisdiction: Louisville Metro
Council District: 8 - Tom Owen
Case Manager: Sherie’ Long, Landscape Architect
Adjournment
Louisville Metro Government Page 4 Printed on 8/15/2014
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