Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, March 2, 2015 8:30 AM Old Jail Courtroom Call To Order Present: 7- Board Member Rosalind Fishman, Board Member Dean Tharp, Board Member Paul Bergmann, Board Member David Proffitt, Board Member Frederick Liggin, Board Member Betty Jarboe, and Board Member Michael Allendorf The Wal-Mart Case Will Start No Earlier Than 1:00 P.M. Approval Of Minutes 1. Minutes_020215 Approval of the minutes of the meeting held on Feb. 2, 2015 A motion was made by Board Member Bergmann, seconded by Board Member Tharp, that the minutes of the meeting conducted on February 2, 2015 are approved. Board Member Allendorf also voted yes to approve these minutes. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Bergmann, Proffitt, and Jarboe Absent: 1- Liggin Business Session Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary March 2, 2015 2. 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- Bill Hollander Case Manager: Sherie’ Long, Landscape Architect (Continued from February 2, 2015) A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case No. 14VARIANCE1094 does hereby AMEND the approval of the variances and waiver from November 3, 2014, on condition that the applicant revise the landscape plan to reflect what has already been planted. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Allendorf Absent: 1- Liggin Public Hearing 3. 14VARIANCE1116 Request: Variances from the 2006 Land Development Code to allow parking to encroach into the required rear yard; the height of the building to exceed the maximum of 45 feet; and a reduction in the open space requirements. Project Name: Vinings Apartments Location: 9500 & 9502 Williamsburg Plaza Owner: JHS Vinings LLC Applicant: JHS Vinings LLC Representative: Marv Blomquist Jurisdiction: Hurstbourne Council District: 18 - Marilyn Parker Case Manager: Christopher Brown, Planner II A motion was made by Board Member Allendorf, seconded by Board Member Bergmann, that Case No. 14VARIANCE1116 be approved on condition. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Allendorf Absent: 1- Liggin Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary March 2, 2015 4. 14VARIANCE1115 Request: Variances from the Land Development Code to allow a proposed 2-story garage to encroach into the required side yards Project Name: None - Residence Location: 726 East Kentucky Street Owner: Charles Phillip Richards Applicant: Charles Phillip Richards Representative: Charles Phillip Richards Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case No. 14VARIANCE1115 be CONTINUED to APRIL 6, 2015, since the applicant was not present and the Board has questions regarding the proposal. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Allendorf Absent: 1- Liggin 5. 15VARIANCE1001 Request: Variances from the Land Development Code to allow a reduction in the required private yard and to exceed the depth of accessory use area Project Name: None (single-family residential Location: 2415 Griffiths Ave. Owner: Douglas & Mary Leonard Applicant: Chenoweth Construction Representative: Same Jurisdiction: Louisville Metro Council District: 5 - Cheri Hamilton Case Manager: Latondra Yates, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that the Variance for Case No. 15VARIANCE1001 be approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Allendorf Absent: 1- Liggin A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that the waiver for Case No. 15VARIANCE1001 be approved. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Proffitt, Jarboe, and Allendorf No: 1- Bergmann Absent: 1- Liggin Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary March 2, 2015 6. 15VARIANCE1002 Request: Variance from the Development Code to allow a proposed addition to encroach into the required rear yard Project Name: Communication Arts Center Vestibule Addition Location: 113 North Sherrin Avenue Owner: Trinity High School Foundation Applicant: Trinity High School foundation Representative: Ann Richard Jurisdiction: St. Matthews Council District: 9 - Bill Hollander Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Allendorf, seconded by Board Member Fishman, that the variance for Case No. 15VARIANCE1002 be approved on condition. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Allendorf Absent: 1- Liggin 7. 15VARIANCE1003 Request: Variances from the Land Development Code to allow a fence to exceed the maximum height Project Name: None (single-family residential) Location: 4305 Lincoln Ct. Owner: Richard & Charlotte Vowels Applicant: Same Representative: David Carey Ford, Ford, Klapheke & Meyer Jurisdiction: Louisville Metro Council District: 10--Vacant Case Manager: Latondra Yates, Planner II A motion was made by Board Member Allendorf, seconded by Board Member Fishman, that the variance for Case No. 15VARIANCE1003 be approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Allendorf Absent: 1- Liggin Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary March 2, 2015 8. 14VARIANCE1025 THIS CASE WILL START NO EARLIER THAN 1:00 P.M. Request: Variances from section 5.2.5.C.3 of the Land Development Code to allow the proposed building to exceed the maximum setback of 25 feet along W Broadway and Dixie Hwy. Project Name: Walmart Location: Multiple addresses on the southwest corner of W Broadway and Dixie Hwy Owner: Newbridge Development, LLC Applicant: Wal-Mart Real Estate Business Trust Representative: Wyatt Tarrant & Combs, LLP Carlson Consulting Engineers, Inc. Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Joe Reverman, AICP A motion was made by Board Member Allendorf, seconded by Board Member Fishman, that the 1st variance for Case No. 14VARIANCE1025 be approved with conditions of approval. The motion carried by the following vote: Yes: 7- Fishman, Tharp, Bergmann, Proffitt, Liggin, Jarboe, and Allendorf A motion was made by Board Member Allendorf, seconded by Board Member Fishman, that the 2nd variance for Case No. 14VARIANCE1025 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 Adjournment The meeting adjourned at 5:57 P.M. Louisville Metro Government Page 5