Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, July 6, 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 Betty Jarboe, and Board Member Michael Allendorf Absent: 1- Board Member Lester Turner Jr. Approval Of Minutes 1. Minutes_061515 A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that the minutes of the meeting held on June 15, 2015 be approved. The motion carried by the following vote: Yes: 3- Fishman, Bergmann, and Allendorf Absent: 1- Turner Abstain: 3- Tharp, Proffitt, and Jarboe Business Session 2. Annual Meeting_070615 Nomination: Chair Member Fishman nominated David Proffitt for Chairman of the Louisville Metro Board of Zoning Adjustment and was seconded by Member Bergmann. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Bergmann, Jarboe, and Allendorf Absent: 1- Turner Abstain: 1- Proffitt Nomination: Vice Chair Member Fishman nominated Michael Allendorf for Vice Chairperson of the Louisville Metro Board of Zoning Adjustment. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Bergmann, Proffitt, and Jarboe Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary July 6, 2015 Absent: 1- Turner Abstain: 1- Allendorf Nomination: Secretary Member Jarboe nominated Rosalind Fishman for Secretary of the Louisville Metro Board of Zoning Adjustment; and was seconded by Member Tharp. The motion carried by the following vote: Yes: 5- Tharp, Bergmann, Proffitt, Jarboe, and Allendorf Absent: 1- Turner Abstain: 1- Fishman 3. 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 (CONTINUED FROM JUNE 15, 2015 - Elevations) Board Member Allendorf moved to approve the elevations as presented at today's hearing; and was seconded by Board Member Fishman. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Allendorf Absent: 1- Turner Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary July 6, 2015 4. 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 (CONTINUED FROM JUNE 15, 2015 - Revised Site Plan) Board Member Allendorf moved to approve the revised site plan (Category 2B Plan) because all the technical review items were resolved; included in the approval are the elevations submitted on 6/29/15 and other information from the previous hearing on June 15, 2015; and was seconded by Board Member Bergmann. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Allendorf Absent: 1- Turner Public Hearing 5. 15APPEAL1005 Request: APPEAL of a decision by the Department of Develop Louisville to issue building permits to construct a 3-unit residential building on 1505 Rosewood Ave, and to APPEAL staff determinations that the proposal complies with regulations as set forth in the Land Development Code. Project Name: Rosewood Condominiums Location: 1505 Rosewood Ave. Owner: Rosewood Condominium Council, Inc. Applicant: Elizabeth Fauxpoint Representative: Elizabeth Fauxpoint Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Joe Reverman, AICP (CONTINUED FROM JUNE 1, 2015) A motion was made by Board Member Bergmann, seconded by Board Member Tharp, that the Appeal for Case No. 15APPEAL1005 be approved. The motion carried by the following vote: Yes: 4- Tharp, Bergmann, Proffitt, and Jarboe No: 1- Fishman Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary July 6, 2015 Absent: 2- Allendorf, and Turner 6. 15VARIANCE1032 Request: Variance from the Land Development Code to allow an existing addition to encroach into the required side yard Project Name: Existing Addition Location: 1036 Mulberry Street Owner: Doug S. Olsen, DSO Holdings, LLC Applicant: Marcos Mendoza, Buena Vista Group, LLC Representative: G. Hunt Rounsavall, Jr., Rounsavall Law Offices, LLC Jurisdiction: Louisville Metro Council District: 10 - Steve Magre Case Manager: Sherie’ Long, Landscape Architect (WITHDRAWN BY THE APPLICANT) This case was withdrawn by the applicant. 7. 15VARIANCE1033 Request: Variance from the Land Development Code to allow a proposed addition to encroach into the required side yard Project Name: None - Residence Location: 4640 Bellevue Avenue Owner: Baron Pieper Applicant: Baron Pieper Representative: Baron Pieper Jurisdiction: Louisville Metro Council District: 21 - Dan Johnson 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. 15VARIANCE1033 be approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Allendorf Absent: 1- Turner Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary July 6, 2015 8. 15CUP1008 Request: Conditional Use Permit to allow transitional housing in an UN Zoning District Project Name: None - Residence Location: 918 South Shelby Street Owner: Jim Burkhead Applicant: Jim Burkhead Representative: Jim Burkhead Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that the Conditional Use Permit for Case No. 15CUP1008 be approved on condition. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Allendorf Absent: 1- Turner Executive Session The Board, in executive session, discussed a pending litigation case. Adjournment The meeting adjourned at 1:54 p.m. Louisville Metro Government Page 5