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 16, 2015 8:30 AM Old Jail Courtroom Call To Order Present: 6- Board Member Rosalind Fishman, Board Member Dean Tharp, Board Member Paul Bergmann, Board Member David Proffitt, Board Member Frederick Liggin, and Board Member Betty Jarboe Absent: 1- Board Member Michael Allendorf Approval Of Minutes 1. Minutes_030215 Approval of the minutes of the meeting held on March 2, 2015 A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that the minutes of the meeting conducted on March 2, 2015 be approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Liggin, and Jarboe Absent: 1- Allendorf Business Session 2. 13CUP1011 Request: As per condition #5 of 13CUP1011, heard by the Board on March 17, 2014) Modification of Conditional Use Permit. Project Name: Air Pollution Control District Report Location: 1200 Story Avenue Owner: JBS USA, LLC Applicant: JBS USA, LLC Representative: Glenn Price Jurisdiction: Louisville Metro Council District: 4-David Tandy Case Manager: Steve Hendrix, Planning Supervisor No vote was required Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary March 16, 2015 3. 15VARIANCE1004 Request: Variances from the Land Development Code to allow an existing fence to exceed the maximum height Project Name: Existing Fence Location: 3304 Bardstown Road Owner: Kelly Kado, Economy Inn & Suites Applicant: Tony Yaldo, Economy Inn & Suites Representative: Kelly Kado, Economy Inn & Suites Jurisdiction: Louisville Metro Council District: 10 - Jim King Case Manager: Sherie’ Long, Landscape Architect (Continued from February 16, 2015) A motion was made by Board Member Liggin, seconded by Board Member Bergmann, that the variance for Case No. 15VARIANCE1004 be approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Liggin, and Jarboe Absent: 1- Allendorf 4. 15VARIANCE1000 Request: Variance from the Land Development Code to allow reductions in the required front and street side yards Project Name: Locust Creek, Section 10B Location: Sturbridge Circle Owner: Creek Capital, Inc. Applicant: Creek Partners, LLC Representative: Sabak, Wilson & Lingo, Inc. Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Matthew R. Doyle, Planner I A motion was made by Board Member Liggin, seconded by Board Member Jarboe, that the variances for Case No. 15VARIANCE1000 be approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Liggin, and Jarboe Absent: 1- Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary March 16, 2015 5. 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; 2/2/15; 2/16/15) A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that the variance for Case No. 14VARIANCE1105 be DENIED. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Bergmann, Proffitt, and Jarboe No: 1- Liggin Absent: 1- Allendorf 6. 14DEVPLAN1154 Request: Category 3 Plan Project Name: DeSales Athletic Field Location: 425 W. Kenwood Dr. Owner: Roman Catholic Bishop of Louisville Applicant: St. Francis DeSales High School Representative: Sabak, Wilson & Lingo Jurisdiction: Louisville Metro Council District: 21 - Dan Johnson Case Manager: Latondra Yates, Planner II (Continued) A motion was made by Board Member Liggin, seconded by Board Member Bergmann, that the variances for Case No. 14DEVPLAN1154 be approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Liggin, and Jarboe Absent: 1- Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary March 16, 2015 7. 15VARIANCE1008 Request: Variance from the Land Development Code to allow proposed signage to exceed the maximum height Project Name: 4209 Outer Loop Location: 4209 Outer Loop Owner: Prateek Gupta Applicant: Smart LED Signs Representative: Karla Hill Jurisdiction: Louisville Metro Council District: 24 - Madonna Flood Case Manager: Matthew R. Doyle, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that the variance for Case No. 15VARIANCE1008 be approved. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Proffitt, Liggin, and Jarboe Absent: 2- Bergmann, and Allendorf 8. 15DEVPLAN1009 Request: Variance to exceed the maximum front yard setback; Land Development Code waivers; Category 3 Plan Project Name: City BBQ Location: 329 Whittington Parkway Owner: Hoosier Que, LLC Applicant: Donald Feibel Representative: Kelli Jones Jurisdiction: Hurstbourne Council District: 18 - Marilyn Parker Case Manager: Christopher Brown, Planner II A motion was made by Board Member Liggin, seconded by Board Member Fishman, that the Variance for Case No. 15DEVPLAN1009 be approved. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Proffitt, Liggin, and Jarboe Absent: 2- Bergmann, and Allendorf A motion was made by Board Member Liggin, seconded by Board Member Fishman, that the 1st Waiver for Case No. 15DEVPLAN1009 be approved. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Proffitt, Liggin, and Jarboe Absent: 2- Bergmann, and Allendorf A motion was made by Board Member Liggin, seconded by Board Member Fishman, that the 2nd Waiver for Case No. 15DEVPLAN1009 be approved. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Proffitt, Liggin, and Jarboe Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary March 16, 2015 Absent: 2- Bergmann, and Allendorf A motion was made by Board Member Liggin, seconded by Board Member Fishman, that the 3rd Waiver for Case No. 15DEVPLAN1009 be approved. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Proffitt, Liggin, and Jarboe Absent: 2- Bergmann, and Allendorf A motion was made by Board Member Liggin, seconded by Board Member Fishman, that the Category 3 Plan for Case No. 15DEVPLAN1009 be approved. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Proffitt, Liggin, and Jarboe Absent: 2- Bergmann, and Allendorf 9. 15VARIANCE1007 Request: Variance from the Land Development Code to allow existing parking to encroach into the required front yard Project Name: 157 Thierman Lane Location: 157 Thierman Lane Owner: JAG Services, LLC Applicant: Joe Gottbrath Representative: Joe Gottbrath Jurisdiction: City of St. Matthews Council District: 9 - Bill Hollander Case Manager: Matthew R. Doyle, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that the variance for Case No. 15VARIANCE1007 be approved. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Proffitt, Liggin, and Jarboe Absent: 2- Bergmann, and Allendorf Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary March 16, 2015 10. 15VARIANCE1005 Request: Variance from the Land Development Code to allow the proposed parking to encroach into the required north side yard; a building design waiver; and a landscape waiver. Project Name: Dollar General Location: 13725 and 13705 Dixie Highway Owner: Susan Cox Applicant: Sams as Owner Representative: Clifford Ashburner, Wyatt, Tarrant & Combs, LLP Jurisdiction: Louisville Metro Council District: 14 - Cindi Fowler Case Manager: Sherie’ Long, Landscape Architect (Removed by staff previously on 2/16/14) A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that the variance for Case No. 15VARIANCE1005 be approved. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Proffitt, Liggin, and Jarboe Absent: 2- Bergmann, and Allendorf A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Waivers #1 and #3 for Case No. 15VARIANCE1005 be approved on condition. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Proffitt, Liggin, and Jarboe Absent: 2- Bergmann, and Allendorf A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Waivers #4 and #5 for Case No. 15VARIANCE1005 be approved. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Proffitt, Liggin, and Jarboe Absent: 2- Bergmann, and Allendorf 11. 15VARIANCE1010 Request: Variance from the Land Development Code to allow an existing fence to exceed the maximum height. Project Name: New Fence Location: 609 Winyan Lane Owner: Adam Green Applicant: Same as Owner Representative: Adam Green Jurisdiction: Louisville Metro Council District: 18 - Marilyn Parker Case Manager: Sherie’ Long, Landscape Architect A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case No. 15VARIANCE1010 be CONTINUED to APRIL 6, 2015 and placed first under New Business. The motion carried by the following vote: Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary March 16, 2015 Yes: 4- Fishman, Tharp, Proffitt, and Jarboe Absent: 3- Bergmann, Liggin, and Allendorf 12. 14CUP1032 Request: Conditional Use Permit to allow a potentially hazardous or nuisance use (storage building) in a PEC Zoning District Project Name: Eurofins Headquarters Location: 12701 Plantside Drive Owner: Louisville Real Estate, Inc. Applicant: WS Construction Representative: Phil Gambrell Jurisdiction: Louisville Metro Council District: 20 - Stuart Benson Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that the Conditional Use Permit for Case No. 14CUP1032 be approved on condition. The motion carried by the following vote: Yes: 4- Fishman, Tharp, Proffitt, and Jarboe Absent: 3- Bergmann, Liggin, and Allendorf 13. 15APPEAL1001 Request: An Appeal of a Refusal issued by Planning & Design Services concerning the change of one nonconforming use (bar/restaurant with a second floor apartment and a separate single family dwelling to another nonconforming use (duplex and a single family dwelling). Project Name: Nonconformance Location: 1919 South Preston Street Owner: Vitos Properties, LLC Applicant: Brandon & Ashley Quinlan Representative: Brandon Quinlan Jurisdiction: Louisville Metro Council District: 15-Marianne Butler Case Manager: Steve Hendrix, Planning Supervisor A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that the Appeal for Case No. 15APPEAL1001 is approved to allow a change from one Non-Conforming Use (restaurant/bar and second floor apartment) to another Non-Conforming Use (Duplex). The motion carried by the following vote: Yes: 4- Fishman, Tharp, Proffitt, and Jarboe Absent: 3- Bergmann, Liggin, and Allendorf Adjournment The meeting adjourned at 5:05 P.M. Louisville Metro Government Page 7