Board of Zoning Adjustment
Regular MeetingLouisville, KY · December 15, 2014
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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