Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, September 21, 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 Lester Turner Jr. Absent: 1- Board Member Michael Allendorf Approval Of Minutes 1. Minutes_081715 Approval of the minutes of the meeting held on August 17, 2015 A motion was made by Board Member Fishman, seconded by Board Member Tharp, that the minutes of the meeting held on August 17, 2015 are approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Turner Absent: 1- Allendorf 2. Minutes_082415 Approval of the minutes of the Special BOZA Hearing held on Aug. 24, 2015 A motion was made by Board Member Bergmann, seconded by Board Member Fishman, the minutes of the meeting held on August 24, 2015 are approved as amended. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Turner Absent: 1- Allendorf Business Session 3. 13CUP1011 Request: Status Report as per condition #5 of 13CUP1011, heard by the Board on March 17, 2014 Project Name: Equipment Report Location: 1200 Story Avenue 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 No vote needed. Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary September 21, 2015 4. 15CUP1033 Request: Modified Conditional Use Permit application to allow a the relocation of proposed entrance, reduce the square footage of structures and parking area Project Name: Pet Station Country Club Location: 4802 and 4804 Murphy Lane Owner: Daniel Watson and Donna Campbell Applicant: Jason Hunsucker 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 Bergmann, that the Modified Conditional Use Permit for Case No. 15CUP1033 be approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Turner Absent: 1- Allendorf Public Hearing 5. 15DEVPLAN1108 Request: Category 3 Review with Land Development Code variances and waivers Project Name: West Louisville Food Port Location: 3029 West Muhammad Ali Blvd. Owner: Louisville/Jefferson County Metro Government Applicant: Seed Capital KY Representative: Kyle Galloway, Valenti Hanley & Robinson PLLC Sabak, Wilson & Lingo Inc. Jurisdiction: Louisville Metro Council District: 5 - Cheri Bryant Hamilton Case Manager: Christopher Brown, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that two variances and two waivers for Case No. 15DEVPLAN1108 are approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Turner Absent: 1- Allendorf A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that the Category 3 Plan for Case No. 15DEVPLAN1108 be approved on condition. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Turner Absent: 1- Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary September 21, 2015 6. 15VARIANCE1051 Request: Variance to allow the proposed building height to exceed the maximum 35’ allowed Project Name: Bush Farm Retirement Community Location: 2400 Arnold Palmer Blvd. Owner: LF Land Company, LLC Applicant: Cameron General Contractors Representative: Mindel, Scott & Associates, Inc. Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: David B. Wagner - Planner II A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that the variance for Case No. 15VARIANCE1051 be approved with condtions of approval. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Turner Absent: 1- Allendorf 7. 15VARIANCE1052 Request: Variance from the Land Development Code to allow a reduction in the required private yard. Project Name: Roth New Elevator and Deck Location: 2138 Baringer Avenue Owner: David Roth Applicant: Owner Representative: Ted Bressoud, Bressoud Architecture Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Sherie’ Long, Landscape Architect A motion was made by Board Member Fishman, seconded by Board Member Bergmann that the variance for Case No. 15VARIANCE1052 be approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Turner Absent: 1- Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary September 21, 2015 8. 15VARIANCE1056 Request: Variance from the Land Development Code to allow a proposed free-standing sign to exceed the maximum height. Project Name: Signage Location: 4405 Bardstown Road Owner: Todd Grace Applicant: Todd Grace Representative: None Jurisdiction: Louisville Metro Council District: 2-Barbara Shanklin Case Manager: Matthew Doyle, Planner II (REMOVED BY STAFF) 9. 15VARIANCE1054 Request: Variance from the Land Development Code to allow a proposed residential addition to encroach into the required front yard. Project Name: Residential Addition Location: 553 Wainwright Avenue Owners: Frank & Brenda Mosser Applicant: Same as owners Representative: Taylor M. Hamilton, Atty. Jurisdiction: Louisville Metro Council District: 15-Marianne Butler Case Manager: Matthew Doyle, Planner II (REMOVED BY STAFF) 10. 15VARIANCE1058 Request: Variance from the Land Development Code to allow an accessory structure to encroach into the required side yards. Project Name: Residence Location: 1702 Fernwood Avenue Owner: Sarah H. Trinkle Applicant: Sean Trinkle Representative: Sean Trinkle Jurisdiction: Louisville Metro Council District: 8-Tom Owen Case Manager: Matthew R. Doyle, Planner II A motion was made by Board Member Fishman, seconded by Board Member Tharp, that the variance for Case No. 15VARIANCE1058 is approved on condition. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Turner Absent: 1- Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary September 21, 2015 11. 15CUP1027 Request: Conditional Use Permit to allow outdoor alcohol sales and consumption in a C-1 Zoning District Project Name: ZEGGZ Amazing Eggs Location: 4600 Chamberlain Lane Owner: ZEGGZ I, LLC Applicant: ZEGGZ I, LLC Representative: Jennifer Nix Jurisdiction: Louisville Metro Council District: 17- Glen Stuckel Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that the Conditional Use Permit for Case No. 15CUP1027 is approved with conditions of approval. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Proffitt, Jarboe, and Turner Absent: 2- Bergmann, and Allendorf 12. 15CUP1028 Request: Conditional Use Permit application to allow a rehabilitation home in a UN Zoning District Project Name: Recovery on Clay Location: 953 South Clay Street Owner: South Clay Properties, LLC Applicant: Marla Highbaugh Representative: Ann Richard 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 a rehabilitation home for Case No. 15CUP1028 located at 953 South Clay Street be approved on condition. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Proffitt, Jarboe, and Turner Absent: 2- Bergmann, and Allendorf Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary September 21, 2015 13. 15CUP1032 Request: Conditional Use Permit application to allow off-street parking in a UN Zoning District Project Name: Recovery on Clay Location: 952 South Clay Street Owner: South Clay Properties, LLC Applicant: Marla Highbaugh Representative: Ann Richard 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 Tharp, that the Conditional Use Permit, Case No. 15CUP1032 for off-street parking at 952, 954 & 956 South Clay Street be approved on condition. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Proffitt, Jarboe, and Turner Absent: 2- Bergmann, and Allendorf 14. 14DEVPLAN1142 Request: Category 3 Review; a variance from the Land Development Code to allow the proposed building not to be built at the zero setback along Dixie Highway; and a waiver not to provide a 3 foot masonry wall. Project Name: YMCA Location: 1700 West Broadway Owner: Steve Tarver, YMCA of Greater Louisville Applicant: Owner Representative: Phil Gambrell, Luckett & Farley Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Sherie’ Long, Landscape Architect A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that the variance and waiver for Case No. 14DEVPLAN1142 are approved. The motion carried by the following vote: Yes: 4- Fishman, Tharp, Jarboe, and Turner Absent: 2- Bergmann, and Allendorf Abstain: 1- Proffitt A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that the Category 3 plan for Case No. 14DEVPLAN1142 be approved. The motion carried by the following vote: Yes: 4- Fishman, Tharp, Jarboe, and Turner Absent: 2- Bergmann, and Allendorf Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary September 21, 2015 Abstain: 1- Proffitt 15. 15DEVPLAN1125 Request: A Category 3 Review; a variance from the Land Development Code to allow a proposed building to exceed the maximum setback along Ray Avenue; and development waivers. Project Name: Collegiate School Louisville Location: 2367, 2423, 2427, 2453, 2461, 2465 Glenmary Ave and 1108, 1110 Ray Avenue Owner: Louisville Collegiate School Applicant: Owner Representative: Bill Bardenwerper, Bardenwerper Talbott & Roberts PLLC Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Sherie’ Long, Landscape Architect A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that the variance and 2 waivers for Case No. 15DEVPLAN1135 are approved. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Proffitt, Jarboe, and Turner Absent: 2- Bergmann, and Allendorf A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that the Category 3 Plan for Case No. 15DEVPLAN1125 be approved. The motion carried by the following vote: Yes: 5- Fishman, Tharp, Proffitt, Jarboe, and Turner Absent: 2- Bergmann, and Allendorf Adjournment The meeting adjourned at 4:53 p.m. Louisville Metro Government Page 7