Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, February 2, 2015 8:30 AM Old Jail Courtroom Approval Of Minutes 1. Minutes_011215 Approval of the minutes of the meeting held on January 12, 2015 A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that the minutes of the meeting held on January 12, 2015 were approved. The motion carried by the folllowing vote: Yes: 6- Fishman, Bergmann, Proffitt, Liggin, Jarboe, and Allendorf Abstain: 1- Tharp Business Session 2. 14CUP1049 Request: Modified Conditional Use Permit to add 20 compressed natural gas time fill refueling stations, add equipment to the existing equipment compound and to delineate 27 existing parking stalls as future refueling stations Project Name: Waste Management of Kentucky, LLC Location: 7501 Grade lane Owner: Waste management of Kentucky, LLC Applicant: Stantec Representative: Ann Richard Jurisdiction: Louisville Metro Council District: 13 - Vicki Aubrey Welch Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Bergmann, that the Modified Conditional Use Permit be approved. The motion carried by the following vote where Member Allendorf abstained. Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Liggin, and Jarboe Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary February 2, 2015 3. 14VARIANCE1094 Request: Variances from the Land Development Code to allow a structure to exceed the maximum setback; and a waiver to not provide the required entrance and not provide 50% of the wall surface in clear glass windows and doors along the North Peterson Avenue frontage. Project Name: Chatsworth Park Apartments Location: 122 North Peterson Ave Owner: Brown Noltemeyer Company Applicant: Brown Noltemeyer Company Representative: William Bardenwerper, Bardenwerper Talbott & Roberts, PLLC 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 Case No. 14VARIANCE1094 be CONTINUED to FEBRUARY 16, 2015. The motion carried by the following vote, where Member Allendorf voted yes: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Liggin, and Jarboe Public Hearing 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 (CONTINUED FROM 12/15/14. APPLICANT IS NOW REQUESTING THAT THIS CASE BE CONTINUED TO FEBRUARY 16, 2015) A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case No. 14VARIANCE1105 be CONTINUED to MARCH 2, 2015. The motion carried by the following vote where Member Allendorf voted yes: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Liggin, and Jarboe Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary February 2, 2015 5. 14VARIANCE1113 Request: Variances to allow the vehicle use area to encroach into the required setbacks and being in the City of Middletown Project Name: Speckman Road Strip Center Location: 719 Speckman Rd. Owner: Speckman Commercial, LLC Applicant: Speckman Commercial, LLC Representative: Speckman Commercial, LLC Jurisdiction: City of Middletown Council District: 20 - Stuart Benson Case Manager: David B. Wagner - Planner II A motion was made by Member Jarboe, seconded by Member Fishman that the 1st variance for Case No. 14VARIANCE1113 be approved. The motion carried by the following vote: Yes: 7- Fishman, Tharp, Bergmann, Proffitt, Liggin, Jarboe, and Allendorf A motion was made by Member Jarboe, seconded by Member Fishman that the 2nd Variance for Case No. 14VARIANCE1113 be approvved. The motion carried by the following vote: Yes: 7- Fishman, Tharp, Bergmann, Proffitt, Liggin, Jarboe, and Allendorf A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that the 3rd variance for Case No. 14VARIANCE1113 be approved ON CONDITION. The motion carried by the following vote where Member Allendorf voted yes: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Liggin, and Jarboe 6. 14VARIANCE1095 Request: Variances from the Land Development Code to allow an existing fence to exceed the maximum height. Project Name: Existing Fence Location: 1801 Lauderdale Road Owner: K. Michael & Julia B. Roberts Applicant: K. Michael Roberts Representative: Glenn Price, Frost Brown Todd LLC Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Sherie’ Long, Landscape Architect A motion was made by Member Liggin, seconded by Member Bergmann, that the variance for Case No. 14VARIANCE1095 be approved on condition. The motion carried by the following vote: Yes: 7- Fishman, Tharp, Bergmann, Proffitt, Liggin, Jarboe, and Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary February 2, 2015 7. 14CUP1027 Request: Variances from the Land Development Code to allow the proposed Indian Springs Hotel to exceed the maximum height and be located beyond the maximum setback and for the vehicle use area and dumpsters to encroach into the required side yard Project Name: Indian Springs Hotel Location: 3501 Indian Lake Drive (tentative) 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 (PREVIOUS CUP AND WAIVERS APPROVED ON DEC. 15, 2014) A motion was made by Member Allendorf, seconded by Member Fishman, that the 1st variance for Case No. 14CUP1027 be approved. The motion carried by the following vote where Member Allendorf voted yes: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Liggin, and Jarboe A motion was made by Member Allendorf, seconded by Member Fishman, that the 2nd variance for Case No. 14CUP1027 be approved. The motion carried by the following vote: Yes: 7- Fishman, Tharp, Bergmann, Proffitt, Liggin, Jarboe, and Allendorf A motion was made by Member Allendorf, seconded by Member Fishman, that the 3rd variance for Case No. 14CUP1027 be approved on condition. The motion carried by the following vote where Member Allendorf voted yes: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Liggin, and Jarboe 8. 14CUP1026 Request: Conditional Use Permit, variances and waivers from the Land Development Code to allow a rehabilitation home Project Name: The Healing Place Location: 1020 - 1030 W. Market St. Owner: The Healing Place, Inc. Applicant: Same Representative: Greg Ehrhard, Stites & Harbison Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Latondra Yates, Planner II A motion was made by Member Allendorf, seconded by Member Liggin, that the Conditional Use Permit for Case No. 14CUP1026 be approved with conditions of approval. The motion carried by the following vote: Yes: 7- Fishman, Tharp, Bergmann, Proffitt, Liggin, Jarboe, and Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary February 2, 2015 A motion was made by Member Allendorf, seconded by Member Liggin, that the 1st variance for Case No. 14CUP1026 be approved. The motion carried by the following vote: Yes: 7- Fishman, Tharp, Bergmann, Proffitt, Liggin, Jarboe, and Allendorf A motion was made by Member Allendorf, seconded by Member Liggin, that the 2nd variance for Case No. 14CUP1026 be approved. The motion carried by the following vote: Yes: 7- Fishman, Tharp, Bergmann, Proffitt, Liggin, Jarboe, and Allendorf A motion was made by Member Allendorf, seconded by Member Liggin, that the waiver for Case No. 14CUP1026 be approved. The motion carried by the following vote: Yes: 7- Fishman, Tharp, Bergmann, Proffitt, Liggin, Jarboe, and Allendorf Closed Session 9. 09-CI-02734 Request: Closed session to discuss pending litigation regarding Teddy Redmon, et.al V. Louisville Metro Board of Zoning Adjustment, et. al., Jefferson Circuit Court. Case Manager: Jon Baker A motion was made by Member Fishman, seconded by Member Bergmann that the Board go into Closed Session. Yes: 7- Fishman, Tharp, Bergmann, Proffitt, Liggin, Jarboe, and Allendorf The Board came out of Closed Session. No decision was made on the pending litigation or any other type of formal action was taken regarding this case. Adjournment The meeting adjourned at 12:26 p.m. Louisville Metro Government Page 5