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Board of Zoning Adjustment

Regular Meeting

Louisville, KY · December 15, 2014

AgendaMinutes

Minutes

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, December 15, 2014 8:30 AM Old Jail Auditorium Call To Order Present: 6- Board Member Rosalind Fishman, Board Member Michael Allendorf, Board Member Paul Bergmann, Board Member David Proffitt, Board Member Frederick Liggin, and Board Member Betty Jarboe Absent: 1- Board Member Dean Tharp Approval Of Minutes 1. Minutes_120114 Approval of the minutes of the meeting held on December 1, 2014 A motion was made by Board Member Bergmann, seconded by Board Member Fishman, that the minutes of the meeting held on December 1, 2014 be approved. The motion carried by the following vote: Yes: 4- Fishman, Bergmann, Proffitt, and Jarboe Absent: 2- Allendorf, and Tharp Abstain: 1- Liggin Business Session 2. 14CUP1036 Request: Modification of an approved Conditional Use Permit plan to allow two additional mini-warehouse structures Project Name: Stor-All Location: 4100 Cane Run Road Owner: Steve Womack Applicant: Steve Womack Representative: Mark Patterson Jurisdiction: Louisville Metro Council District: 1 - Attica Scott Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Liggin, seconded by Board Member Fishman, that the Modified Conditional Use Permit for Case No. 14CUP1036 be approved. The motion carried by the following vote: Yes: 5- Fishman, Bergmann, Proffitt, Liggin, and Jarboe Absent: 2- Allendorf, and Tharp Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary December 15, 2014 3. 14VARIANCE1104 Request: Variance from the Land Development Code to allow a reduction in the private yard area Project Name: None - Private Residence Location: 1034 Everett Avenue Owner: Christopher and Milamaria Songer Applicant: Charles Williams Representative: Charles Williams Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Fishman, seconded by Board Member Liggin, that the variance for the private yard area in Case No. 14VARIANCE1104 be approved. The motion carried by the following vote: Yes: 6- Fishman, Allendorf, Bergmann, Proffitt, Liggin, and Jarboe Absent: 1- Tharp Variance A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that the variance for the rear yard in Case No. 14VARIANCE1104 be approved. The motion carried by the following vote: Yes: 6- Fishman, Allendorf, Bergmann, Proffitt, Liggin, and Jarboe Absent: 1- Tharp 4. 14VARIANCE1105 Request: Variance from the Land Development Code to allow a proposed structure to encroach into the side yard. Project Name: Carport Location: 123 East Amherst Avenue Owner: Truc-mai T. Tran Applicant: Thinh Nguyen, Nguyen Investment, LLC Representative: Thinh Nguyen, Nguyen Investment, LLC Jurisdiction: Louisville Metro Council District: 21 - Dan Johnson Case Manager: Latondra Yates, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Liggin, that Case No. 14VARIANCE1105 be CONTINUED to February 2, 2015 to allow the applicant time to change the plan. The motion carried by the following vote: Yes: 6- Fishman, Allendorf, Bergmann, Proffitt, Liggin, and Jarboe Absent: 1- Tharp Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary December 15, 2014 5. 14VARIANCE1098 Request: Category 2B Review, with variances and waivers from the Land Development Code to allow the placement and design of a proposed structure and parking. Project Name: Etscorn Brothers - 11816 Shelbyville Road Location: 11816 Shelbyville Road Owner: Etscorn Brothers Applicant: Etscorn Brothers Representative: Kevin Young, Land Design &Development Jurisdiction: City of Middletown Council District: 19 - Jerry Miller Case Manager: Sherie’ Long, Landscape Architect A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case No. 14VARIANCE1098 be CONTINUED to January 12, 2015, to allow the applicant time to incorporate more landscaping and make other minor changes to the plan. The motion carried by the following vote: Yes: 4- Fishman, Bergmann, Proffitt, and Jarboe Absent: 2- Tharp, and Liggin Abstain: 1- Allendorf 6. 14CUP1027 Request: Conditional Use Permit application to allow off-street parking in an R-7 zoning district Project Name: Indian Springs Hotel Location: 11021 Fairway Pointe Drive Owner: Indian Springs, LLC Applicant: Indian Springs, LLC Representative: William Bardenwerper 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 Conditional Use Permit for Case No. 14CUP1027 be approved on condition. The motion carried by the following vote: Yes: 6- Fishman, Allendorf, Bergmann, Proffitt, Liggin, and Jarboe Absent: 1- Tharp Waiver A motion was made by Board Member Allendorf, seconded by Board Member Fishman, that the first waiver for Case No. 14CUP1027 be approved on condition. The motion carried by the following vote: Yes: 6- Fishman, Allendorf, Bergmann, Proffitt, Liggin, and Jarboe Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary December 15, 2014 Absent: 1- Tharp Waiver A motion was made by Board Member Allendorf, seconded by Board Member Fishman, that the second waiver for Case No. 14CUP1027 be approved. The motion carried by the following vote: Yes: 6- Fishman, Allendorf, Bergmann, Proffitt, Liggin, and Jarboe Absent: 1- Tharp 7. 14APPEAL1007 Request: Appeal of a Notice of Violation issued by the Department of Codes & Regulations concerning nonconforming rights for a business Project Name: Nonconforming Use Location: 8200 Cedar Creek Road Owner: Raymond Holding Company, LLC Applicant: Jeanine Raymond, Agent Representative: Graham Whatley/J. Roberts Yates Jurisdiction: Louisville Metro Council District: 22-Robin Engel Case Manager: Steve Hendrix, Planning Supervisor (CONTINUED FROM NOVEMBER 3, 2014) A motion was made by Board Member Allendorf, seconded by Board Member Jarboe, that the Appeal for Case No. 14APPEAL1007 is approved. The motion carried by the following vote: Yes: 4- Fishman, Allendorf, Proffitt, and Jarboe No: 1- Bergmann Absent: 2- Tharp, and Liggin Notice of Violation Proper A motion was made by Board Member Allendorf, seconded by Board Member Jarboe, that the Notice of Violation for Case No. 14APPEAL1007 was proper. The motion carried by the following vote: Yes: 5- Fishman, Allendorf, Bergmann, Proffitt, and Jarboe Absent: 2- Tharp, and Liggin Adjournment The meeting adjourned at 3:21 p.m. Louisville Metro Government Page 4

Agenda

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Agenda Board of Zoning Adjustment Monday, December 15, 2014 8:30 AM Old Jail Auditorium Call To Order Approval Of Minutes 1. Minutes_120114 Approval of the minutes of the meeting held on December 1, 2014 Business Session 2. 14CUP1036 Request: Modification of an approved Conditional Use Permit plan to allow two additional mini-warehouse structures Project Name: Stor-All Location: 4100 Cane Run Road Owner: Steve Womack Applicant: Steve Womack Representative: Mark Patterson Jurisdiction: Louisville Metro Council District: 1 - Attica Scott Case Manager: Jon E. Crumbie, Planner II Public Hearing 3. 14VARIANCE1104 Request: Variance from the Land Development Code to allow a reduction in the private yard area Project Name: None - Private Residence Location: 1034 Everett Avenue Owner: Christopher and Milamaria Songer Applicant: Charles Williams Representative: Charles Williams Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Jon E. Crumbie, Planner II Louisville Metro Government Page 1 Printed on 12/12/2014 Board of Zoning Adjustment Agenda December 15, 2014 4. 14VARIANCE1105 Request: Variance from the Land Development Code to allow a proposed structure to encroach into the side yard. Project Name: Carport Location: 123 East Amherst Avenue Owner: Truc-mai T. Tran Applicant: Thinh Nguyen, Nguyen Investment, LLC Representative: Thinh Nguyen, Nguyen Investment, LLC Jurisdiction: Louisville Metro Council District: 21 - Dan Johnson Case Manager: Latondra Yates, Planner II 5. 14VARIANCE1098 Request: Category 2B Review, with variances and waivers from the Land Development Code to allow the placement and design of a proposed structure and parking. Project Name: Etscorn Brothers - 11816 Shelbyville Road Location: 11816 Shelbyville Road Owner: Etscorn Brothers Applicant: Etscorn Brothers Representative: Kevin Young, Land Design &Development Jurisdiction: City of Middletown Council District: 19 - Jerry Miller Case Manager: Sherie’ Long, Landscape Architect 6. 14CUP1027 Request: Conditional Use Permit application to allow off-street parking in an R-7 zoning district Project Name: Indian Springs Hotel Location: 11021 Fairway Pointe Drive Owner: Indian Springs, LLC Applicant: Indian Springs, LLC Representative: William Bardenwerper Jurisdiction: Louisville Metro Council District: 17 - Glen Stuckel Case Manager: Jon E. Crumbie, Planner II Louisville Metro Government Page 2 Printed on 12/12/2014 Board of Zoning Adjustment Agenda December 15, 2014 7. 14APPEAL1007 Request: Appeal of a Notice of Violation issued by the Department of Codes & Regulations concerning nonconforming rights for a business Project Name: Nonconforming Use Location: 8200 Cedar Creek Road Owner: Raymond Holding Company, LLC Applicant: Jeanine Raymond, Agent Representative: Graham Whatley/J. Roberts Yates Jurisdiction: Louisville Metro Council District: 22-Robin Engel Case Manager: Steve Hendrix, Planning Supervisor (CONTINUED FROM NOVEMBER 3, 2014) Adjournment Louisville Metro Government Page 3 Printed on 12/12/2014

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