Board of Zoning Adjustment
Regular MeetingLouisville, KY · May 18, 2015
Minutes
Old Jail Auditorium
Louisville Metro Government 514 W. Liberty St.
Louisville, KY 40202
Action Summary
Board of Zoning Adjustment
Monday, May 18, 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 Michael Allendorf
Absent: 1- Board Member Betty Jarboe
1. Minutes_050415
Approval of the minutes of the meeting held on May 4, 2015
A motion was made by Board Member Tharp, seconded by Board Member
Fishman, that the minutes of the meeting held on May 4, 2015 be approved.
The motion carried by the following vote:
Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Liggin, and Allendorf
Absent: 1- Jarboe
Business Session
2. 13CUP1011
Request: As per condition #5 of 13CUP1011, heard by the Board on March
17, 2014) Modification of Conditional Use Permit. Last discussed
on March 16, 2015.
Project Name: New Equipment 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
After testimony was taken by the Butchertown Neighborhood Associaton's
attorney, Jonathan Salomon, a motion was made by Board Member Fishman,
seconded by Board Member Allendorf, that Case No. 13CUP1011 be tabled
until the end of the agenda to allow the applicant's representative to arrive.
The motion carried by the following vote: After this vote and later when the
applicant's attorney arrived, he explained another new system they will be
testing to control the odor in the rendering area. He said they should know
more by the next meeting scheduled for September 21, 2015.
Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Liggin, and Allendorf
Absent: 1- Jarboe
Louisville Metro Government Page 1
Board of Zoning Adjustment Action Summary May 18, 2015
Public Hearing
3. 15VARIANCE1014
Request: Variance from the Land Development Code to allow proposed
building to exceed the maximum setback; a sidewalk waiver;
landscape waiver; and waiver to allow parking in front of the
building.
Project Name: Springdale Automotive - Eastwood
Location: 16119 Eastwood Cut Off Road
Owner: Kurt & Karen Shelton, Springdale Properties, LLC
Applicant: Paul Lichtefeld, Jr., Lichtefeld Inc.
Representative: Mark Madison, Milestone Design Group, Inc.
Jurisdiction: Louisville Metro
Council District: 19 - Julie Denton
Case Manager: Sherie’ Long, Landscape Architect
(Continued from May 4, 2015 Hearing)
A motion was made by Board Member Fishman, seconded by Board Member
Allendorf, that the variance for Case No. 15VARIANCE1014 be approved on
condition. The motion carried by the following vote:
Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Liggin, and Allendorf
Absent: 1- Jarboe
Waiver
A motion was made by Board Member Fishman, seconded by Board Member
Allendorf, that the waiver to allow parking in front of the building for Case No.
15VARIANCE1014 be approved. The motion carried by the following vote:
Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Liggin, and Allendorf
Absent: 1- Jarboe
Waiver
A motion was made by Board Member Fishman, seconded by Board Member
Allendorf, that the waiver to not provide the pedestrian connection for Case
No. 15VARIANCE1014 be approved. The motion carried by the following vote:
Yes: 5- Fishman, Bergmann, Proffitt, Liggin, and Allendorf
No: 1- Tharp
Absent: 1- Jarboe
Waiver
A motion was made by Board Member Fishman, seconded by Board Member
Allendorf, that the waiver to allow a retaining wall in the 5 foot eastern
Landscape Buffer Area be approved. The motion carried by the following vote:
Louisville Metro Government Page 2
Board of Zoning Adjustment Action Summary May 18, 2015
Yes: 5- Fishman, Tharp, Proffitt, Liggin, and Allendorf
No: 1- Bergmann
Absent: 1- Jarboe
4. 15CUP1017
Request: Conditional Use Permit to allow outdoor alcohol sales and
consumption
Project Name: Middletown Commons
Location: 13301 Shelbyville Road
Owner: Middletown Investment Partners, LLC
Applicant: Jeffrey Pape
Representative: Bill Bardenwerper
Jurisdiction: Middletown
Council District: 19 - Julie Denton
Case Manager: Christopher Brown, Planner II
A motion was made by Board Member Liggin, seconded by Board Member
Fishman that the Conditional Use Permit for Case No. 15CUP1017 be approved
on condition: The motion carried by the following vote:
Yes: 5- Fishman, Tharp, Bergmann, Liggin, and Allendorf
Absent: 2- Proffitt, and Jarboe
5. 15VARIANCE1017
Request: Category 3 Review and variances from the Land Development
Code to allow a proposed structure to exceed the maximum
height and encroach into the required yard
Project Name: Valley View Church Addition
Location: 8911 3rd Street Road
Owner: Valley View Baptist Church, Inc.
Applicant: Valley View Baptist Church, Inc.
Representative: Mark Madison
Jurisdiction: Louisville Metro
Council District: 25 - David Yates
Case Manager: Jon E. Crumbie, Planner II
A motion was made by Board Member Bergmann, seconded by Board Member
Fishman, that the two variances and the Category 3 Plan for Case No.
15VARIANCE1017 be approved. The motion carried by the following vote:
Yes: 5- Fishman, Tharp, Bergmann, Liggin, and Allendorf
Absent: 2- Proffitt, and Jarboe
Louisville Metro Government Page 3
Board of Zoning Adjustment Action Summary May 18, 2015
6. 15VARIANCE1016
Request: Variances from the Land Development Code to allow a proposed
addition to encroach into the required side yard and to allow a
reduction in the required private yard.
Project Name: Carriage House Addition and New Parking
Location: 1048 Cherokee Road
Owner: Hiawatha Condominium
Applicant: Charlie Williams, Charlie Williams Design, Inc.
Representative: Charlie Williams
Jurisdiction: Louisville Metro
Council District: 8 - Tom Owen
Case Manager: Sherie’ Long, Landscape Architect
A motion was made by Board Member Liggin, seconded by Board Member
Tharp, that the 1st variance for Case No. 15VARIANCE1016 be approved. The
motion carried by the following vote:
Yes: 5- Fishman, Tharp, Bergmann, Liggin, and Allendorf
Absent: 2- Proffitt, and Jarboe
A motion was made by Board Member Liggin, seconded by Board Member
Tharp, that the 2nd Variance for Case No. 15VARIANCE1016 be approved. The
motion carried by the following vote:
Yes: 5- Fishman, Tharp, Bergmann, Liggin, and Allendorf
Absent: 2- Proffitt, and Jarboe
7. 15VARIANCE1022
Request: Variances from the Land Development Code to allow a proposed
garage to encroach into the required south side yard and to allow
a reduction in the required private yard.
Project Name: New Garage
Location: 1466 South 3rd Street
Owner: Mary Martin & Stan Murrell
Applicant: Anne Del Prince, Del Prince Designs, LLC
Representative: Anne Del Prince, Del Prince Designs, LLC
Jurisdiction: Louisville Metro
Council District: 6 - David James
Case Manager: Sherie’ Long, Landscape Architect
A motion was made by Board Member Fishman, seconded by Board Member
Bergmann, that the two variances for Case No. 15VARIANCE1022 be approved.
The motion carried by the following vote:
Yes: 5- Fishman, Tharp, Bergmann, Liggin, and Allendorf
Absent: 2- Proffitt, and Jarboe
Louisville Metro Government Page 4
Board of Zoning Adjustment Action Summary May 18, 2015
8. 15VARIANCE1023
Request: Variances from the Land Development Code to allow reductions in
the required setbacks for the proposed signage.
Project Name: Kentucky One Health
Location: 3920 Dutchmans Lane
Owner: Kentucky One Health
Applicant: Lloyd Graves, Signaroma Louisville East
Representative: Lloyd Graves, Signaroma Louisville East
Jurisdiction: City of St. Matthews
Council District: 26 - Brent Ackerson
Case Manager: Sherie’ Long, Landscape Architect
A motion was made by Board Member Liggin, seconded by Board Member
Fishman, that the four requested variances for Case No. 15VARIANCE1023 be
approved. The motion carried by the following vote:
Yes: 5- Fishman, Tharp, Bergmann, Liggin, and Allendorf
Absent: 2- Proffitt, and Jarboe
Adjournment
The meeting adjourned at 12:33 p.m.
Louisville Metro Government Page 5
Agenda
Old Jail Auditorium
Louisville Metro Government 514 W. Liberty St.
Louisville, KY 40202
Agenda
Board of Zoning Adjustment
Monday, May 18, 2015 8:30 AM Old Jail Courtroom
Call To Order
Approval Of Minutes
1. Minutes_050415
Approval of the minutes of the meeting held on May 4, 2015
Business Session
2. 13CUP1011
Request: As per condition #5 of 13CUP1011, heard by the Board on
March 17, 2014) Modification of Conditional Use Permit.
Last discussed on March 16, 2015.
Project Name: New Equipment 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
Public Hearing
3. 15VARIANCE1014
Request: Variance from the Land Development Code to allow
proposed building to exceed the maximum setback; a
sidewalk waiver; landscape waiver; and waiver to allow
parking in front of the building.
Project Name: Springdale Automotive - Eastwood
Location: 16119 Eastwood Cut Off Road
Owner: Kurt & Karen Shelton, Springdale Properties, LLC
Applicant: Paul Lichtefeld, Jr., Lichtefeld Inc.
Representative: Mark Madison, Milestone Design Group, Inc.
Jurisdiction: Louisville Metro
Council District: 19 - Julie Denton
Case Manager: Sherie’ Long, Landscape Architect
(Continued from May 4, 2015 Hearing)
Louisville Metro Government Page 1 Printed on 5/15/2015
Board of Zoning Adjustment Agenda May 18, 2015
4. 15CUP1017
Request: Conditional Use Permit to allow outdoor alcohol sales and
consumption
Project Name: Middletown Commons
Location: 13301 Shelbyville Road
Owner: Middletown Investment Partners, LLC
Applicant: Jeffrey Pape
Representative: Bill Bardenwerper
Jurisdiction: Middletown
Council District: 19 - Julie Denton
Case Manager: Christopher Brown, Planner II
5. 15VARIANCE1017
Request: Category 3 Review and variances from the Land
Development Code to allow a proposed structure to exceed
the maximum height and encroach into the required yard
Project Name: Valley View Church Addition
Location: 8911 3rd Street Road
Owner: Valley View Baptist Church, Inc.
Applicant: Valley View Baptist Church, Inc.
Representative: Mark Madison
Jurisdiction: Louisville Metro
Council District: 25 - David Yates
Case Manager: Jon E. Crumbie, Planner II
6. 15VARIANCE1016
Request: Variances from the Land Development Code to allow a
proposed addition to encroach into the required side yard
and to allow a reduction in the required private yard.
Project Name: Carriage House Addition and New Parking
Location: 1048 Cherokee Road
Owner: Hiawatha Condominium
Applicant: Charlie Williams, Charlie Williams Design, Inc.
Representative: Charlie Williams
Jurisdiction: Louisville Metro
Council District: 8 - Tom Owen
Case Manager: Sherie’ Long, Landscape Architect
Louisville Metro Government Page 2 Printed on 5/15/2015
Board of Zoning Adjustment Agenda May 18, 2015
7. 15VARIANCE1022
Request: Variances from the Land Development Code to allow a
proposed garage to encroach into the required south side
yard and to allow a reduction in the required private yard.
Project Name: New Garage
Location: 1466 South 3rd Street
Owner: Mary Martin & Stan Murrell
Applicant: Anne Del Prince, Del Prince Designs, LLC
Representative: Anne Del Prince, Del Prince Designs, LLC
Jurisdiction: Louisville Metro
Council District: 6 - David James
Case Manager: Sherie’ Long, Landscape Architect
8. 15VARIANCE1023
Request: Variances from the Land Development Code to allow
reductions in the required setbacks for the proposed
signage.
Project Name: Kentucky One Health
Location: 3920 Dutchmans Lane
Owner: Kentucky One Health
Applicant: Lloyd Graves, Signaroma Louisville East
Representative: Lloyd Graves, Signaroma Louisville East
Jurisdiction: City of St. Matthews
Council District: 26 - Brent Ackerson
Case Manager: Sherie’ Long, Landscape Architect
Adjournment
Louisville Metro Government Page 3 Printed on 5/15/2015