Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, October 5, 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_092115 Approval of the minutes of the meeting held on September 21, 2015 A motion was made by Board Member Tharp, seconded by Board Member Fishman, that the minutes of the meeting held on September 21, 2015 are approved. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Turner Abstain: 1- Allendorf Business Session 2. 15VARIANCE1060 Request: Variance from the Land Development Code to allow a reduction in the required private yard. Project Name: New Addition Location: 1209 Garvin Place Owner: Dustin Hensley, 1st and Kentucky LLC Applicant: Owner Representative: Owner 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 Non-Hearing Variance for Case No. 15VARIANCE1060 be approved. The motion carried by the following vote: Yes: 7- Fishman, Tharp, Bergmann, Proffitt, Jarboe, Allendorf, and Turner Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary October 5, 2015 3. 15VARIANCE1059 Request: Variance from the Land Development Code to allow an existing fence to exceed the maximum height. Project Name: Existing Fence Location: 1913 Stevens Avenue Owner: Irvon & Carol Clear Applicant: Owner Representative: Clifford Ashburner, Wyatt, Tarrant & Combs Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Sherie’ Long, Landscape Architect A motion was made by Board Member Allendorf, seconded by Board Member Bergmann, that the variance for Case No. 15VARIANCE1059 be approved. The motion carried by the following vote: Yes: 7- Fishman, Tharp, Bergmann, Proffitt, Jarboe, Allendorf, and Turner 4. 15VARIANCE1061 Request: Variance from the Land Development Code to allow a proposed fence to exceed the maximum height. Project Name: New Fence Location: 4005 Mamaroneck Road Owner: Roland & Michon Davis Applicant: Owner Representative: Owner Jurisdiction: Louisville Metro Council District: 26 - Brent Ackerson Case Manager: Sherie’ Long, Landscape Architect A motion was made by Board Member Allendorf, seconded by Board Member Jarboe, that variance for Case No. 15VARIANCE1061be approved on condition. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Proffitt, Jarboe, Allendorf, and Turner No: 1- Bergmann Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary October 5, 2015 5. 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: Sherie’ Long, Landscape Architect (THIS CASE WAS PREVIOUSLY REMOVED BY STAFF ON SEPT. 21, 2015) A motion was made by Board Member Jarboe, seconded by Board Member Turner, that Case No.15VARIANCE1054 is hereby CONTINUED to NOVEMBER 2, 2015. The motion carried by the following vote: Yes: 7- Fishman, Tharp, Bergmann, Proffitt, Jarboe, Allendorf, and Turner 6. 15VARIANCE1063 Request: Variance from the Land Development Code to allow a proposed memu board to exceed the maximum size. Project Name: Taco Bell Location: 1805 South Brook Street Owner: Redbird Acquisitions Applicant: Adam Macke, GPD Group Representative: Earl Hamm, Jr., Kaplan & Partners 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 variance for Case No. 15VARIANCE1063 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 October 5, 2015 7. 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: Clara Bowman, Commonwealth Sign Co. Jurisdiction: Louisville Metro Council District: 2-Barbara Shanklin Case Manager: Steve Hendrix, Planning Supervisor A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that the variance for Case No. 15VARIANCE1056 be approved. The motion carried by the following vote: Yes: 7- Fishman, Tharp, Bergmann, Proffitt, Jarboe, Allendorf, and Turner 8. 15CUP1031 Request: Conditional Use Permit application to allow a rehabilitation facility in an R-5 Zoning District Project Name: Landmark Recovery at Louisville Location: 4418 Malcolm Avenue Owner: Jewish Hospital & St. Mary’s Healthcare Applicant: Simsbury Associates DBA Landmark Senior Living Representative: Robert Maddox, Dinsmore & Shohl Jurisdiction: Louisville Metro Council District: 15 - Marianne Bulter Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Allendorf, seconded by Board Member Tharp, that the Conditional Use Permit for Case No. 15CUP1031 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 October 5, 2015 9. 15MISC1012 Request: Category 2B Development review; a variance to allow parking encroachment; a sidewalk waiver; and landscape waivers. Project Name: Paragon Centre Location: 6040 & 6060 Dutchmans Lane Owner: Paragon Centre Holdings Applicant: Jim Calvery, Nicklies Development Representative: John Campbell, Heritage Engineering Jurisdiction: Louisville Metro Council District: 26 - Brent Ackerson Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Allendorf, seconded by Board Member Jarboe, that the Category 2B, variance and waivers be approved on condition. The motion carried by the following vote: Yes: 7- Fishman, Tharp, Bergmann, Proffitt, Jarboe, Allendorf, and Turner 10. 15APPEAL1007 Request: An Appeal of a Notice of Violation issued by the Department of Codes and Regulations concerning non-conforming use rights for outside alcohol consumption in a C-1 Zoning District. Project Name: Nonconformance Claim Location: 5013 Poplar Level Road Owner: Samuel M. Seifert Applicant: Liquor Palace 3, Inc. - Sukhjit Bains Representative: No one Jurisdiction: Louisville Metro Council District: 2-Barbara Shanklin Case Manager: Steve Hendrix, Planning Supervisor A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case No. 15APPEAL1007 be CONTINUED to NOVEMBER 2, 2015. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Proffitt, Jarboe, and Turner Abstain: 1- Allendorf Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary October 5, 2015 11. 15DEVPLAN1134 Request: Category 3 Plan, Waivers and Variances Project Name: Mercy Apartments Location: 1170 E. Broadway Owner: The Academy of Our Lady of Mercy Applicant: Edwards Communities Development Company, LLC Representative: Bardenwerper, Talbott & Roberts, PLLC Gresham, Smith & Partners Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Brian Davis, AICP, Planning Supervisor A motion was made by Board Member Jarboe, seconded by Board Member Bergmann, that the Category 3 Plan; 5 variances and 1 waiver be approved on condition. The motion carried by the following vote: Yes: 6- Fishman, Tharp, Bergmann, Jarboe, Allendorf, and Turner Absent: 1- Proffitt Adjournment The meeting adjourned at 1:37 p.m. Louisville Metro Government Page 6