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Board of Zoning Adjustment

Regular Meeting

Louisville, KY · May 18, 2015

AgendaMinutes

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