Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, August 17, 2015 8:30 AM Old Jail Courtroom Call To Order Present: 7- Board Member Rosalind Fishman, Board Member Dean Tharp, Board Member Paul Bergmann, Board Member David Proffitt, Board Member Betty Jarboe, Board Member Michael Allendorf, and Board Member Lester Turner Jr. Approval Of Minutes 1. Minutes_080315 Approval of the minutes of the meeting held on August 3, 2015 A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that the minutes of the meeting held on August 3, 2015 be approved. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Bergmann, Jarboe, and Turner Absent: 1- Proffitt Abstain: 1- Allendorf Business Session 2. 15VARIANCE1050 Request: Variance from the Land Development Code to allow a proposed porch addition to encroach into a required side yard setback Project Name: Residence Location: 230 S. Hite Avenue Owner: Ted Bressoud Applicant: Ted Bressoud Representative: Ted Bressoud Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Matthew R. Doyle, Planner II A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that the Non-Hearing Variance for Case No. 15VARIANCE1050 be approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Jarboe, Allendorf, and Turner Absent: 1- Proffitt Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary August 17, 2015 3. 15VARIANCE1015 Request: Variance from the Land Development Code to allow a proposed structure to be located beyond the maximum setback, waivers of design criteria and Category 2B Development review. Project Name: Sethi Station Location: 2124 West Market Street Owner: Meeni Sethi Applicant: Owner Representative: John Miller, Miller Wihry Jurisdiction: Louisville Metro Council District: 4- David Tandy Case Manager: Sherie’ Long, Landscape Architect (CONTINUED FROM AUG. 3, 2015) A motion was made by Board Member Jarboe, seconded by Board Member Tharp, the first variance for Case No. 15VARIANCE1015 be approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Jarboe, Allendorf, and Turner Absent: 1- Proffitt A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that the second variance for Case No. 15VARIANCE1015 be approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Jarboe, Allendorf, and Turner Absent: 1- Proffitt A motion was made by Board Member Jarboe, seconded by Board Member Tharp, the first waiver for Case No. 15VARIANCE1015 be approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Jarboe, Allendorf, and Turner Absent: 1- Proffitt A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that the second waiver for Case No. 15VARIANCE1015 be approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Jarboe, Allendorf, and Turner Absent: 1- Proffitt A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that the third waiver for Case No. 15VARIANCE1015 be approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Jarboe, Allendorf, and Turner Absent: 1- Proffitt Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary August 17, 2015 A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that the fourth waiver for Case No. 15VARIANCE1015 be approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Jarboe, Allendorf, and Turner Absent: 1- Proffitt A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that the fifth waiver for Case No. 15VARIANCE1015 be approved on condition. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Jarboe, Allendorf, and Turner Absent: 1- Proffitt A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that the sixth waiver for Case No. 15VARIANCE1015 be approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Jarboe, Allendorf, and Turner Absent: 1- Proffitt Waiver #7 for Case No. 15VARIANCE1015 is withdrawn. 3. Waiver #8 A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that the eighth waiver for Case No. 15VARIANCE1015 be approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Jarboe, Allendorf, and Turner Absent: 1- Proffitt 4. 15VARIANCE1049 Request: Variance from Section 52.4.C.3.a to exceed the Maximum Front Setback Project Name: Outlot 5B - Tyler Retail Center Location: 12607 Taylorsville Road Owner: NEDCO LLC Applicant: NEDCO LLC Representative: Heritage Engineering LLC Jurisdiction: Louisville Metro Council District: 20 - Stuart Benson Case Manager: Brian Davis, AICP, Planning Supervisor A motion was made by Board Member Allendorf, seconded by Board Member Fishman, that the variance for Case No. 15VARIANCE1049 be approved. The motion carried by the following vote: Yes: 7- Fishman, Tharp, Bergmann, Proffitt, Jarboe, Allendorf, and Turner Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary August 17, 2015 5. 15VARIANCE1048 Request: Land Development Code variances to allow reductions in the required setbacks Project Name: Liquor Palace Location: 4002 Preston Highway Owner: Kentucky Property Investments LLC Applicant: Kentucky Property Investments LLC Representative: Garber - Chilton Engineers and Land Surveyors Inc Jurisdiction: Louisville Metro Council District: 21 - Dan Johnson Case Manager: Christopher Brown, Planner II A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that the variances for Case No. 15VARIANCE1048 be approved. The motion carried by the following vote: Yes: 7- Fishman, Tharp, Bergmann, Proffitt, Jarboe, Allendorf, and Turner 6. 15VARIANCE1046 Request: Variances from the Land Development Code to allow a reduction in the required yard and encroachment into the required side yards Project Name: Residence Location: 2105 Bradley Ave Owner: Joe Brooks Applicant: Louisville Room Additions Representative: Joe Willis Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Matthew R. Doyle, Planner II A motion was made by Board Member Allendorf, seconded by Board Member Fishman, that three variances for Case No. 15VARIANCE1046 be approved on condition. The motion carried by the following vote: Yes: 7- Fishman, Tharp, Bergmann, Proffitt, Jarboe, Allendorf, and Turner Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary August 17, 2015 7. 15VARIANCE1047 Request: Variance from the Land Development Code to allow a proposed porch addition to be less than the required infill front yard setback Project Name: Residence Location: 3724 Canoe Lane Owner: Estate of George Moseley, Jr. Applicant: Estate of George Moseley, Jr. Representative: Kathryn Matheny Jurisdiction: City of Rolling Fields Council District: 7- Angela Leet Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that the variance for Case No. 15VARIANCE1047 be approved. The motion carried by the following vote: Yes: 7- Fishman, Tharp, Bergmann, Proffitt, Jarboe, Allendorf, and Turner 8. 15VARIANCE1029 Request: Variance from the Land Development Code to allow a new structure to exceed the maximum setback and building height; and waivers for building design and for elimination of the pedestrian and vehicular connections. Project Name: Southeast Christian Church Chapel in the Woods Location: 1200 & 1302 Watterson Trail and 1401 Moser Road Owner: Southeast Christian Church Applicant: Owner Representative: Mark Madison, Milestone Design Group Jurisdiction: City of Middletown Council District: 19 - Julie Denton Case Manager: Sherie’ Long, Landscape Architect A motion was made by Board Member Allendorf, seconded by Board Member Fishman, that two variances for Case No. 15VARIANCE1029 be approved. The motion carried by the following vote: Yes: 6- Fishman, Bergmann, Proffitt, Jarboe, Allendorf, and Turner Absent: 1- Tharp A motion was made by Board Member Allendorf, seconded by Board Member Fishman, that two waivers for Case No. 15VARIANCE1029 be approved. The motion carried by the following vote: Yes: 6- Fishman, Bergmann, Proffitt, Jarboe, Allendorf, and Turner Absent: 1- Tharp Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary August 17, 2015 9. 15CUP1030 Request: Modified Conditional Use Permit application to allow the expansion of the existing cemetery and waiver for the reduction of the Gene Snyder Freeway buffer Project Name: Bethany Memorial Cemetery Location: 10915 Dixie Highway Owner: The Bethany Park and Cemetery Association Applicant: The Bethany Park and Cemetery Association Representative: William Bardenwerper, Attorney Jurisdiction: Louisville Metro Council District: 25- David Yates Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that the waiver for Case No. 15CUP1030 be approved on condition. The motion carried by the following vote: Yes: 6- Fishman, Bergmann, Proffitt, Jarboe, Allendorf, and Turner Absent: 1- Tharp A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that the Modified Conditional Use Permit for Case No. 15CUP1030 be approved on condition. The motion carried by the following vote: Yes: 6- Fishman, Bergmann, Proffitt, Jarboe, Allendorf, and Turner Absent: 1- Tharp 10. 15CUP1023 Request: Conditional Use Permit for a non-accessory alternative energy generator (anaerobic biodigester facility) with Land Development Code waivers and setback variance Project Name: Jefferson Anaerobic Digester II Location: 822 South 17th Street Owner: Heumann LLC Applicant: Jefferson AD II LLC Representative: Brian Zoeller Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Christopher Brown, Planner II (REMOVED BY STAFF PER THE APPLICANT’S REQUEST) Adjournment The meeting adjourned at 12:18 p.m. Louisville Metro Government Page 6