Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, November 2, 2015 8:30 AM Old Jail Courtroom Call To Order 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_101915 A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that the minutes of the meeting conducted on October 19, 2015 be approved. The motion carried by the following vote: Yes: 4- Fishman, Bergmann, Allendorf, and Turner Absent: 2- Tharp, and Jarboe Abstain: 1- Proffitt Business Session 2. 15VARIANCE1072 Request: Variance request to allow proposed addition to encroach into side yard setback and to allow a reduction in rear private yard area requirement. Project Name: 1239 Hull Street Home Addition Location: 1239 Hull Street Owner: Fante Living Trust Applicant: Scott Wilson Representative: Scott Wilson Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Laura L. Mattingly-Humphrey, Planner I A motion was made by Board Member Fishman, seconded by Board Member Turner, that the variances for Case No. 15VARIANCE1072 be approved on condition. The motion carried by the following vote: Yes: 5- Fishman, Bergmann, Proffitt, Allendorf, and Turner Absent: 2- Tharp, and Jarboe Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary November 2, 2015 3. 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) Applicant has requested a change in the public hearing date to November 16, 2015. The Board needs to make a general consensus action for this request. A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case No. 15VARIANCE1054 be CONTINUED to NOVEMBER 16, 2015. The motion carried by the following vote: Yes: 5- Fishman, Bergmann, Proffitt, Allendorf, and Turner Absent: 2- Tharp, and Jarboe 4. 15VARIANCE1071 Request: Variances from the Land Development Code to allow a proposed freestanding sign to exceed the maximum size and height Project Name: Kroger Location: 2200 Brownsboro Road Owner: Dahlem Enterprises, Inc. Applicant: The Kroger Company Representative: John Campbell Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Allendorf, seconded by Board Member Turner, that the variances for Case No. 15VARIANCE1071 be approved. The motion carried by the following vote: Yes: 5- Fishman, Bergmann, Proffitt, Allendorf, and Turner Absent: 2- Tharp, and Jarboe Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary November 2, 2015 5. 15VARIANCE1070 Request: Variance from the Land Development Code to allow a proposed addition to exceed the maximum height. Project Name: Heritage Plastics Location: 6700 Enterprise Drive Owner: Scott Happel, Liberty Plastics Applicant: Owner Representative: Jon McCoy, J.L.McCoy & Company Jurisdiction: Louisville Metro Council District: 13 - Vicki Aubrey Welch Case Manager: Sherie’ Long, Landscape Architect A motion was made by Board Member Allendorf, seconded by Board Member Fishman, that the variance for Case No. 15VARIANCE1070 be approved. The motion carried by the following vote: Yes: 5- Fishman, Bergmann, Proffitt, Allendorf, and Turner Absent: 2- Tharp, and Jarboe 6. 15DEVPLAN1138 Request: Variance from the Land Development Code to allow an existing structure to exceed the maximum front yard setback; to allow the existing structure and drive aisles to encroach into the side yards with design/landscape waivers. Project Name: Portland Presbyterian Church Location: 3126 Portland Avenue Owner: Grace Jenks, Portland Avenue Presbyterian Applicant: Owner Representative: Marv Blomquist, Blomquist Design Group Jurisdiction: Louisville Metro Council District: 5 - Cheri Bryant Hamilton Case Manager: Sherie’ Long, Landscape Architect A motion was made by Board Member Allendorf, seconded by Board Member Fishman, that the Category 3 Plan for Case No. 15DEVPLAN1138 be approved. The motion carried by the following vote: Yes: 5- Fishman, Bergmann, Proffitt, Allendorf, and Turner Absent: 2- Tharp, and Jarboe A motion was made by Board Member Allendorf, seconded by Board Member Fishman, that Waivers 1,2,4 & 5 and Variances 1 and 2 be approved. The motion carried by the following vote: Yes: 5- Fishman, Bergmann, Proffitt, Allendorf, and Turner Absent: 2- Tharp, and Jarboe A motion was made by Board Member Allendorf, seconded by Board Member Fishman, that Waiver #6 for Case No. 15DEVPLAN1138 be approved on condition. The motion carried by the following vote: Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary November 2, 2015 Yes: 5- Fishman, Bergmann, Proffitt, Allendorf, and Turner Absent: 2- Tharp, and Jarboe 7. 15CUP1034 Request: Conditional Use Permit to allow a potentially hazardous or nuisance use (fertilizer storage and distribution facility) in an M-3 Zoning District Project Name: Oxbox Sulphur Fertilizer Storage Location: 8252 Port Road Owner: Louisville & Jefferson County Riverport Authority Applicant: Oxbow Fertilizers, LLC Representative: Ashley Bartley Jurisdiction: Louisville Metro Council District: 12 - Rick Blackwell Case Manager: Jon E. Crumbie, Planner II A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that the Conditional Use Permit for Case No. 15CUP1034 be approved on condition. The motion carried by the following vote: Yes: 5- Fishman, Bergmann, Proffitt, Allendorf, and Turner Absent: 2- Tharp, and Jarboe 8. 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 (CONTINUED FROM 10/5/15) A motion was made by Board Member Fishman, seconded by Board Member Turner, that non-conforming use rights exist for outside consumption of alcohol in Case No. 15APPEAL1007. The motion carried by the following vote: Yes: 3- Fishman, Proffitt, and Turner No: 1- Bergmann Absent: 3- Tharp, Jarboe, and Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary November 2, 2015 8. Area for outdoor consumption of alcohol On a motion by Board Member Fishman, seconded by Board Member Bergmann, that outside consumption of alcohol is allowed in the fenced area for Case No. 15APPEAL1007 on condition. The motion carried by the following vote: Yes: 4- Fishman, Bergmann, Proffitt, and Turner Absent: 3- Tharp, Jarboe, and Allendorf 8. Notice of Violation proper On a motion by Board Member Fishman, seconded by Board Member Turner, that the Notice of Violation for Case No. 15APPEAL1007 was proper. The motion carried by the following vote: Yes: 4- Fishman, Bergmann, Proffitt, and Turner Absent: 3- Tharp, Jarboe, and Allendorf Adjournment The meeting adjourned at 12:57 p.m. Louisville Metro Government Page 5