Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, February 1, 2016 8:30 AM Old Jail Courtroom Call To Order Present: 6- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Board Member Michael Allendorf, Board Member Betty Jarboe, Board Member Dean Tharp, and Board Member Paul Bergmann Approval Of Minutes 1. Minutes_011116 Approval of the minutes of the meeting held on January 11, 2016 A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that the minutes of the meeting held on January 11, 2016 be approved as amended. The motion carried by the following vote: Yes: 5- Fishman, Turner, Allendorf, Jarboe, and Tharp Abstain: 1- Bergmann Business Session 2. Election Vice Chair Board Member Fishman nominated Board Member Jarboe for Vice Chairperson of the Louisville Metro Board of Zoning Adjustment and there were no other nominations. The nominations were closed. The Board, by general consensus, appointed Betty Jarboe as Vice Chair. 3. 15CUP1048 Request: Modification of a Conditional Use Permit from the Development Code to allow a proposed 9,278 square feet emergency room addition Project Name: Baptist Hospital East Location: 4000 Kresge Way Owner: Baptist Healthcare System, Inc. Applicant: Baptist Health Louisville Representative: Bill Bardenwerper, John Campbell Jurisdiction: St. Matthews Council District: 26 - Brent Ackerson Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Bergmann, that the Modified Conditional Use Permit for Case No. 15CUP1048 is APPROVED. The motion carried by the following vote: Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary February 1, 2016 Yes: 5- Fishman, Turner, Allendorf, Tharp, and Bergmann Absent: 1- Jarboe Public Hearing 4. B-17728-12 Request: Conditional Use Permit to allow an indoor recycling center and waivers in an M-2 Zoning District Project Name: Dixie Scrap Metal Location: 13817 Dixie Highway Owner: Shelby and Maurisetta Givens Applicant: James Chestnut Representative: James Chestnut Jurisdiction: Louisville Metro Council District: 14 - Cindi Fowler Case Manager: Jon E. Crumbie, Planning Coordinator (CONTINUED FROM DECEMBER 21, 2015) A motion was made by Board Member Fishman, seconded by Board Member Tharp, that the Conditional Use Permit for Case No. B-17728-12 is APPROVED ON CONDITION. The motion carried by the following vote: Yes: 5- Fishman, Turner, Tharp, Bergmann, and Allendorf Absent: 1- Jarboe A motion was made by Board Member Fishman, seconded by Board Member Turner that the Sidewalk Waiver for Case No. B-17728-12 is APPROVED. The motion carried by the following vote: Yes: 5- Fishman, Turner, Tharp, Bergmann, and Allendorf Absent: 1- Jarboe A motion was made by Board Member Fishman, seconded by Tharp, that the Landscape Waiver for Case No. B-17728-12 be approved. The motion carried by the following vote: Yes: 4- Fishman, Turner, Tharp, and Allendorf No: 1- Bergmann Absent: 1- Jarboe Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary February 1, 2016 5. 15VARIANCE1062 Request: Variance from the Land Development Code to allow a proposed dumpster to encroach into the required side yard, and landscape waivers. Project Name: Louisville Islamic Center Location: 4104 River Road Owner: Louisville Islamic Center, Inc Applicant: Ozair Shariff, Board Member Representative: Cliff Ashburner, Dinsmore & Shohl Jurisdiction: Louisville Metro Council District: 7- Angela Leet Case Manager: Sherie’ Long, Landscape Architect Continued from November 16 and December 7, 2015 (APPLICANT WILL BE ASKING FOR ANOTHER CONTINUANCE) A motion was made by Board Member Fishman, seconded by Bergmann, that Case No. 15VARIANCE1062 be CONTINUED to MARCH 7, 2016. The motion carried by the following vote: Yes: 5- Fishman, Turner, Tharp, Bergmann, and Allendorf Absent: 1- Jarboe 6. 15VARIANCE1093 Request: Variance from the Land Development Code to allow the construction of a single-family residence in the Protected Waterway Buffer of Pope Lick Creek on proposed Lot 1; and a waiver to allow individual direct single-family access to a collector-level roadway. Project Name: 2500 S. Pope Lick Road Location: 2500 S. Pope Lick Road Owner: John G. Gutterman Applicant: CRP & Associates, Inc.-Charles Podgursky Representative: Same as Applicant Jurisdiction: Louisville Metro Council District: 20-Stuart Benson Case Manager: Joel P. Dock, Planner I A motion was made by Board Member Bergmann, seconded by Board Member Tharp, that the variance for Case No. 15VARIANCE1093 be DENIED. The motion carried by the following vote: Yes: 5- Fishman, Turner, Allendorf, Tharp, and Bergmann Absent: 1- Jarboe Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary February 1, 2016 7. 15VARIANCE1085 Request: Variance from the Land Development Code to allow a reduction in the required 5 ft. setback to 3 ft. for the construction of a proposed new garage in the rear yard. Project Name: 2025 Baringer Avenue Location: 2025 Baringer Avenue Owner: Dennis Hesthaven Applicant: Shane Karimi Representative: Shane Karimi Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Ross Allen, Planner I A motion was made by Board Member Fishman, seconded by Bergmann, that the variance for Case No. 15VARIANCE1085 be approved. The motion carried by the following vote: Yes: 5- Fishman, Turner, Tharp, Bergmann, and Allendorf Absent: 1- Jarboe 8. 15VARIANCE1086 Request: Variance to allow a proposed fence in the street side yard to exceed the maximum height limit. Project Name: 233 South Hubbards Lane Location: 233 South Hubbards Lane Owner: Scott Redding Applicant: Scott Redding Representative: Same as Applicant Jurisdiction: Louisville Metro Council District: 26 - Brent T. Ackerson Case Manager: Ross Allen, Planner I A motion was made by Bergmann, seconded by Board Member Turner, that the variance for Case No. 15VARIANCE1086 be approved on condition. The motion carried by the following vote. Yes: 5- Fishman, Turner, Tharp, Bergmann, and Allendorf Absent: 1- Jarboe Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary February 1, 2016 9. 15VARIANCE1092 Request: Applications for a modification of a Conditional Use Permit (assisted living facility) and a variance from the Land Development code to allow a proposed structure to exceed the maximum height Project Name: Masonic Homes Location: 200 Masonic Home Drive Owner: Masonic Homes of Kentucky, Inc. Applicant: Masonic Homes of Kentucky, Inc. Representative: Ashley Bartley Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Tharp, that the variance for Case No. 15VARIANCE1092 be approved. The motion carried by the following vote: Yes: 5- Fishman, Turner, Tharp, Bergmann, and Allendorf Absent: 1- Jarboe A motion was made by Board Member Fishman, seconded by Board Member Tharp, that the Modified Conditional Use Permit for Case No. 15VARIANCE1092 is APPROVED ON CONDITION. The motion carried by the following vote: Yes: 5- Fishman, Turner, Tharp, Bergmann, and Allendorf Absent: 1- Jarboe 10. 15VARIANCE1091 Request: Applications for a modification of a Conditional Use Permit (assisted living facility) and a variance from the Land Development code to allow a proposed structure to exceed the maximum height Project Name: Masonic Homes Location: 240 Masonic Home Drive Owner: Masonic Homes of Kentucky, Inc. Applicant: Masonic Homes of Kentucky, Inc. Representative: Ashley Bartley Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Tharp, that the Modified Conditional Use Permit is APPROVED ON CONDITION. The motion carried by the following vote: Yes: 5- Fishman, Turner, Tharp, Bergmann, and Allendorf Absent: 1- Jarboe 11. 2015 Annual BOZA Report_020116 2015 Annual BOZA Report Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary February 1, 2016 Adjournment The meeting adjourned at 12:44 p.m. Louisville Metro Government Page 6