Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, June 15, 2015 8:30 AM Old Jail Courtroom Rollcall Present: 5- Board Member Rosalind Fishman, Board Member Paul Bergmann, Board Member David Proffitt, Board Member Michael Allendorf, and Board Member Lester Turner Jr. Absent: 2- Board Member Dean Tharp, and Board Member Betty Jarboe Approval Of Minutes 1. Minutes_060115 Approval of the Minutes of the meeting held on June 1, 2015 A motion was made by Board Member Bergmann, seconded by Board Member Fishman, that the minutes of the meeting conducted on June 1, 2015 be approved. Mr. Liggin is listed as absent, but is no longer a Board Member. The motion carried by the following vote: Yes: 5- Fishman, Bergmann, Proffitt, Allendorf, and Turner Absent: 3- Tharp, Liggin, and Jarboe Business Session 2. 15VARIANCE1027 Request: Variance from the Land Development Code to allow a proposed building to exceed the 80’ maximum building setback Project Name: Aloft Hotel Location: 10700 Westport Road Owner: Indian Springs, LLC Applicant: Indian Springs, LLC Representative: Bardenwerper, Talbott & Roberts, PLLC Mindel, Scott & Associates, Inc. Jurisdiction: Louisville Metro Council District: 17 - Glen Stuckel Case Manager: David B. Wagner, Planner II (Board to review redesign of patio area; or the addition of 50% landscaping) A motion was made by Board Member Fishman, seconded by Board Member Turner, that the revisions and 50% increase in landscaping in the patio area for Case No. 15VARIANCE1027 is approved. Mr. Liggin is listed as absent, but is no longer a Board Member. The motion carried by the following vote: Yes: 5- Fishman, Bergmann, Proffitt, Allendorf, and Turner Absent: 3- Tharp, Liggin, and Jarboe Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary June 15, 2015 Public Hearing 3. 14CUP1003 Request: An application for a Conditional Use Permit to allow a potentially hazardous or nuisance use, (staging lot for trucks and trailers) in a M-3 Zoning District Project Name: Cabel Street Lot Location: 151 & 201 Cabel Street Owner: JBS USA, LLC & Swift Pork Company Applicant: John Cliff, Vice President & General Manager Representative: Glenn Price, Frost Brown Todd LLC Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Steve Hendrix, Planning Supervisor THE APPLICANT WILL BE ASKING FOR THIS CASE TO BE CONTINUED. A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case No. 14CUP1003 be CONTINUED to AUGUST 24, 2015. Mr. Liggin is listed as absent, but is no longer a Board Member. The motion carried by the following vote: Yes: 5- Fishman, Bergmann, Proffitt, Allendorf, and Turner Absent: 3- Tharp, Liggin, and Jarboe 4. 15VARIANCE1024 Request: Variances Project Name: Thornton’s Location: 4500, 4506 & 4508 South 3rd Street Owner: Thornton’s Inc. Applicant: Thornton’s Inc. Representative: Glenn Price Jurisdiction: Louisville Metro Council District: 21 - Dan Johnson Case Manager: Christopher Brown, Planner II A motion was made by Board Member Allendorf, seconded by Board Member Fishman, that 2 variances for Case No. 15VARIANCE1024 be APPROVED ON CONDITION. Mr. Liggin is listed as absent, but is no longer a Board Member. The motion carried with the following vote: Yes: 5- Fishman, Bergmann, Proffitt, Allendorf, and Turner Absent: 3- Tharp, Liggin, and Jarboe Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary June 15, 2015 5. 15DEVPLAN1039 Request: Revised Detailed District Development Plan with Land Development Code Waiver; Sidewalk Waiver and Landscape Waiver Project Name: Chipotle Location: 420 South Hurstbourne Parkway Owner: JHS Vinings LLC Applicant: JDG Vinings IV 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 the variance for Case No. 15DEVPLAN1039 be approved. Mr. Liggin is listed as absent, but is no longer a Board Member. The motion carried by the following vote: Yes: 5- Fishman, Bergmann, Proffitt, Allendorf, and Turner Absent: 3- Tharp, Liggin, and Jarboe 6. 15VARIANCE1030 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: None - Residence Location: 1204 Rogers Street Owner: Timothy and Vonako Engle Applicant: American Home Design Representative: American Home Design Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Allendorf, seconded by Board Member Bergmann, that 2 variances for Case No. 15VARIANCE1030 be APPROVED ON CONDITION. Mr. Liggin is listed as absent, but is no longer a Board Member. The motion carried by the following vote: Yes: 5- Fishman, Bergmann, Proffitt, Allendorf, and Turner Absent: 3- Tharp, Liggin, and Jarboe Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary June 15, 2015 7. 15VARIANCE1031 Request: Variance from the Land Development Code to allow a proposed addition to encroach into the required side yard Project Name: Thorntons Store Location: 8400 Dixie Highway Owner: Thorntons Inc. Applicant: Thorntons Inc. Representative: Joe Watson Jurisdiction: Louisville Metro Council District: 14 - Cindi Fowler Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Allendorf, seconded by Board Member Fishman, that 2 variances for Case No. 15VARIANCE1031 be APPROVED ON CONDITION that the applicant add animating features on two sides of the building and bring back before the Board on July 6, 2015 in Business Session: Mr. Liggin is listed as absent, but is no longer a Board Member. The motion carried by the following vote: Yes: 5- Fishman, Bergmann, Proffitt, Allendorf, and Turner Absent: 3- Tharp, Liggin, and Jarboe 8. 15VARIANCE1019 Request: Category 2B Review; variances to allow a proposed building and menu board to encroach into the required street side yard and to allow a proposed dumpster to encroach into the required side yard; and waivers for landscaping and design. Project Name: Taco Bell Location: 1805 South Brook Street Owner: Louisville/ Jefferson Co. Metro Government Applicant: Adam Macke, GPD Group Representative: Ellen Selle, GPD Group 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 Turner, that the variance and 6 waivers for Case No. 15VARIANCE1019 be approved ON CONDITION that the applicant revise the plan to resolve the 27 technical review items listed in the staff report; and bring back before the Board to review and approve on July 6, 2015. Mr. Liggin is listed as absent, but is no longer a Board Member. The motion carried by the following vote: Yes: 4- Fishman, Bergmann, Allendorf, and Turner Absent: 3- Tharp, Liggin, and Jarboe Abstain: 1- Proffitt Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary June 15, 2015 A motion was made by Board Member Fishman, seconded by Board Member Turner, that the 7th waiver for Case No. 15VARIANCE1019 be APPROVED ON CONDITION that the applicant revise the plan to possibly add a fence or buffer along the east property line to detour people from crossing the railroad tracks; and that this be brought back before the Board to review and approve in business session on July 6, 2015. Mr. Liggin is listed as absent, but is no longer a Board Member. The motion carried by the following vote: Yes: 3- Fishman, Allendorf, and Turner No: 1- Bergmann Absent: 3- Tharp, Liggin, and Jarboe Abstain: 1- Proffitt 9. 15VARIANCE1021 Request: Category 3 Plan, Waivers and Variances Project Name: Kroger L-785 - 4915 Dixie Highway Location: 4915 Dixie Highway Owner: Dixie Associates Applicant: The Kroger Company Representative: Heritage Engineering LLC Jurisdiction: Louisville Metro Council District: 3 - Mary Woolridge Case Manager: Brian Davis, AICP, Planning Supervisor A motion was made by Board Member Allendorf, seconded by Board Member Fishman, that Variance #2 in Case No. 15VARIANCE1021 be Approved. Mr. Liggin is listed as absent, but is no longer a Board Member. The motion carried by the following vote: Yes: 4- Fishman, Proffitt, Allendorf, and Turner No: 1- Bergmann Absent: 3- Tharp, Liggin, and Jarboe A motion was made by Board Member Allendorf, seconded by Board Member Fishman, that Variance Numbers 1 and 3; and Waiver Numbers 1 and 2; and the Category 3 Plan are Approved. Mr. Liggin is listed as absent, but is no longer a Board Member. The motion carried by the following vote: Yes: 5- Fishman, Bergmann, Proffitt, Allendorf, and Turner Absent: 3- Tharp, Liggin, and Jarboe Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary June 15, 2015 10. 14CUP1048 Request: Conditional Use Permit to allow a commercial kennel in an R-4 Zoning District Project Name: Pet Station Country Club Location: 4802 & 4804 Murphy Lane Owner: Richard Watson, Jr., Leonard Watson, Sr., Harold Watson, Marcella Watson, and Lenora Watson Applicant: DF Development, LLC Representative: John Campbell Jurisdiction: Louisville Metro Council District: 17 - Glen Stuckel Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Fishman, seconded by Board Member Turner, that the Conditional Use Permit for Case No. 14CUP1048 be approved on condition. Mr. Liggin is listed as absent, but is no longer a Board Member. The motion carried by the following vote: Yes: 4- Fishman, Bergmann, Allendorf, and Turner Absent: 4- Tharp, Proffitt, Liggin, and Jarboe 11. 15CUP1000 Request: An application for a Conditional Use Permit to allow an accessory apartment greater than 650 square feet in an R-5 Zoning District; and a variance. Staff Case Manager: Julia Williams, AICP (REMOVED BY STAFF) Adjournment The meeting adjourned at 1:30 p.m. Louisville Metro Government Page 6