Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, December 1, 2014 8:30 AM Old Jail Auditorium CALL TO ORDER Present: 6- Board Member Rosalind Fishman, Board Member Michael Allendorf, Board Member Dean Tharp, Board Member Paul Bergmann, Board Member David Proffitt, and Board Member Betty Jarboe Absent: 1- Board Member Frederick Liggin Approval Of Minutes 1. Minutes_111714 On a motion by Board Member Tharp, seconded by Board Member Jarboe, the minutes of the meeting conducted on November 17, 2014 were approved. The motion carried by the following vote: Yes: 3- Tharp, Proffitt, and Jarboe Absent: 2- Allendorf, and Liggin Abstain: 2- Fishman, and Bergmann Business Session 2. 14CUP1019 Request: Modification of an approved Conditional Use Permit to increase the number of duplex buildings from 12 to 16 structures Project Name: Trilogy Healthcare Campus Location: 12806 Westport Road Owner: Trilogy Health Services, LLC Applicant: Trilogy Health Services, LLC Representative: Glenn Price Jurisdiction: Louisville Metro Council District: 17 - Glen Stuckel Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Allendorf, seconded by Board Member Fishman, that the Modified Conditional Use Permit for Case No. 14CUP1019 be approved with the previously approved conditions of approval. The motion carried by the following vote: Yes: 5- Fishman, Allendorf, Tharp, Bergmann, and Proffitt No: 1- Jarboe Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary December 1, 2014 Absent: 1- Liggin 3. 14VARIANCE1091 Request: Variances from the Land Development Code to allow a proposed detached garage to encroach into the required private yard and exceed the maximum accessory structure area Project Name: Haldeman Ave Garage Location: 265 Haldeman Avenue Owner: David & Stacy Arnett Applicant: Same Representative: Same Jurisdiction: Louisville Metro Council District: 9 - Tina Ward-Pugh Case Manager: Regina Thomas - Associate Planner A motion was made by Board Member Fishman, seconded by Board Member Tharp, that the Non-Hearing Variances for Case No. 14VARIANCE1091 be approved. The motion carried by the following vote: Yes: 6- Fishman, Allendorf, Tharp, Bergmann, Proffitt, and Jarboe Absent: 1- Liggin 4. 14MOD1015 Request: Amendment of the development plan and expansion of its nonconforming use as permitted by KRS 100.253 (2). Project Name: Renovation of Owners’ Suites Location: 700 Central Avenue Owner: Churchill Downs LLC Applicant: PC Sports, Mark Giles Representative: Ekumene Lysonge Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Steve Hendrix A motion was made by Board Member Fishman, seconded by Board Member Tharp, that the amendment to the development plan and expansion of its non-conforming use for Case No. 14MOD1015 be approved. The motion carried by the following vote: Yes: 6- Fishman, Allendorf, Tharp, Bergmann, Proffitt, and Jarboe Absent: 1- Liggin 5. 2015 BOZA Schedule 2015 BOZA Schedule of Hearings A motion was made by Board Member Tharp, seconded by Board Member Bergmann, that the 2015 BOZA schedule of public hearings be approved. The motion carried by the following vote: Yes: 6- Fishman, Allendorf, Tharp, Bergmann, Proffitt, and Jarboe Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary December 1, 2014 Absent: 1- Liggin Public Hearing 6. 14DEVPLAN1134 Request: Variances and waivers from the Land Development Code and a Category 3 Plan for construction of a parking garage Project Name: J.D. Nichols Parking Garage Location: 220 S. Preston St. Owner: Nucleus: Kentucky’s Life Sciences and Innovation Center Applicant: NTS Development Company Representative: Glenn Price, Frost, Brown, Todd Jurisdiction: Louisville Metro Council District: 4- David Tandy Case Manager: Latondra Yates, Planner II (CONTINUED FROM 11/3/14 & 11/17/14) A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that the variances for Case No. 14DEVPLAN1134 be approved. The motion carried by the following vote: Yes: 5- Fishman, Allendorf, Tharp, Bergmann, and Jarboe Absent: 1- Liggin Not Voting: 1- Proffitt Waiver A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that the waiver for Case No. 14DEVPLAN1134 be approved only for the Phase 2 construction site. The motion carried by the following vote: Yes: 5- Fishman, Allendorf, Tharp, Bergmann, and Jarboe Absent: 1- Liggin Not Voting: 1- Proffitt Revised Category 3 Pla A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that the Revised Category 3 Plan be approved. The motion carried by the following vote: Yes: 4- Fishman, Allendorf, Tharp, and Jarboe No: 1- Bergmann Absent: 1- Liggin Not Voting: 1- Proffitt Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary December 1, 2014 7. 14VARIANCE1096 Request: Variances and waivers from the Land Development Code and a Category 2B Plan for construction of a school Project Name: Pitt Academy Location: 7515 Westport Rd. Owner: Westport Rd. Christian Church, Inc. Applicant: Pitt Academy Representative: John Singler Jurisdiction: Louisville Metro Council District: 7- Ken Fleming 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. 14VARIANCE1096 be approved. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Bergmann, Proffitt, and Jarboe Absent: 2- Allendorf, and Liggin Waivers A motion was made by Board Member Fishman, seconded by Board Member Tharp, that the waivers for Case No. 14VARIANCE1096 be approved. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Bergmann, Proffitt, and Jarboe Absent: 2- Allendorf, and Liggin Category 2B Plan A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that the Category 2B plan for Case No. 14VARIANCE1096 be approved on condition. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Bergmann, Proffitt, and Jarboe Absent: 2- Allendorf, and Liggin Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary December 1, 2014 8. 14VARIANCE1103 Request: Variance from the Land Development Code to allow a proposed structure to encroach into the street side yard. Project Name: New House Location: 713 Washburn Avenue Owner: Robert Buckler Applicant: Robert Buckler Representative: Bill Schroll, Schroll Land Surveying Jurisdiction: Louisville Metro Council District: 7 - Kenneth C. Fleming Case Manager: Sherie’ Long, Landscape Architect A motion was made by Board Member Fishman, seconded by Board Member Tharp, that the variance for Case No. 14VARIANCE1103 be approved. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Bergmann, Proffitt, and Jarboe Absent: 2- Allendorf, and Liggin 9. 14CUP1035 Request: Modified Conditional Use Permit application to allow the expansion of a polypropylene catalyst manufacturing facility (potentially hazardous or nuisance use) and variances to allow the new structures to exceed the required setback Project Name: Clariant Corporation Manufacturing Facility Location: 1300 South 11th Street Owner: Clariant Corporation Applicant: Clariant Corporation Representative: Deborah A. Bilitski Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that 3 variances for Case No. 14CUP1035 be approved. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Bergmann, Proffitt, and Jarboe Absent: 2- Allendorf, and Liggin MCUP A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that the Modified Conditional Use Permit be approved with the previously approved conditions of approval. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Bergmann, Proffitt, and Jarboe Absent: 2- Allendorf, and Liggin Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary December 1, 2014 Adjournment The meeting adjourned at 12:03 p.m. Louisville Metro Government Page 6