Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, March 7, 2016 8:30 AM Old Jail Courtroom Call To Order Present: 5- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Vice Chair Betty Jarboe, Board Member Dean Tharp, and Board Member Paul Bergmann Absent: 1- Chair Person Michael Allendorf Approval Of Minutes 1. Minutes_020116 Approval of the minutes of the meeting held on Feb. 1, 2016 A motion was made by Board Member Bergmann, seconded by Board Member Tharp, that the minutes of the meeting held on February 1, 2016 be approved. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Bergmann Absent: 1- Allendorf 2. Minutes_021516 Approval of the minutes of the meeting held on February 15, 2016 A motion was made by Vice Chair Jarboe, seconded by Board Member Fishman, that the minutes of the meeting held on February 15, 2016 be approved. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Bergmann Absent: 1- Allendorf Business Session Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary March 7, 2016 3. 15VARIANCE1089 Request: Private yard variance on resultant Tracts 1 and 2 Project Name: Two L Properties, LLC. Location: 1662 W. Kentucky St Owner: Two L Properties, LLC. Applicant: Two L Properties, LLC. Representative: Bert M. Edwards Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Joel P. Dock, Planner I (Deferred from February 15, 2016) A motion was made by Board Member Tharp, seconded by Board Member Bergmann that the variance for Case No. 15VARIANCE1089 be approved. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Bergmann Absent: 1- Allendorf 4. 15VARIANCE1087 Request: Protected Waterway Buffer Variance for Little Goose Creek Project Name: 4319 Barbour Lane Location: 4319 Barbour Lane Owner: CFA Sunnyview, LLC.. Applicant: CFA Sunnyview, LLC. Representative: BlueStone Engineers, PLLC. Jurisdiction: Louisville Metro Council District: 16 - Kelly Downard Case Manager: Joel P. Dock, Planner I (Deferred from February 15, 2016) A motion was made by Board Member Fishman seconded by Board Member Bergmann that the variance for Case No. 15VARIANCE1087 be approved. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Bergmann Absent: 1- Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary March 7, 2016 5. 16VARIANCE1000 Request: Variances to allow encroachments into required yards Project Name: Glenmary Pointe Apartments Location: 11304 Professional Park Drive Owner: Pleasants Mason Group, LLC & Othober Custom Homes Applicant: Blue Stone Engineers, PLLC Representative: Christopher Crumpton Jurisdiction: Louisville Metro Council District: 22 - Robin Engel Case Manager: Laura Mattingly-Humphrey, Planner I (Deferred from February 15, 2016) A motion was made by Board Member Fishman, seconded by Board Member Tharp, that four variances for Case No. 16VARIANCE1000 be approved. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Bergmann Absent: 1- Allendorf Public Hearing 6. 15CUP1042 Request: Conditional Use Permit to allow off-street parking in an OR-1 zoning district and landscape waivers Project Name: Texas Roadhouse Location: 3332 Old Outer Loop Owner: Texas Roadhouse Holdings, LLC Applicant: Texas Roadhouse Holdings, LLC Representative: Marisa Kolman Jurisdiction: Louisville Metro Council District: 13 - Marianne Butler Case Manager: Jon E. Crumbie, Planning and Design Coordinator (CONTINUED FROM FEBRUARY 15, 2016) A motion was made by Board Member Fishman, seconded by Board Member Tharp, that the Conditional Use Permit for Case No. 15CUP1042 be approved on condition. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Bergmann Absent: 1- Allendorf A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that four waivers for Case No. 15CUP1042 be approved. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Bergmann Absent: 1- Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary March 7, 2016 7. 16VARIANCE1001 Request: Variance request to allow proposed new garage (rear yard) to have 4 foot setback instead of the required 5 feet setback, Variance to allow the side yard setback to be less than the required 3 foot. Project Name: 1627 Ruth Avenue Location: 1627 Ruth Avenue Owner: Mary Anne Hauck Applicant: Brad Abell Representative: Brad Abell Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Ross Allen, Planner I (CONTINUED FROM FEBRUARY 15, 2016) A motion was made by Board Member Bergmann, seconded by Board Member Tharp, that the variance for Case No. 16VARIANCE1001 be approved. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Bergmann Absent: 1- Allendorf 8. 16VARIANCE1008 Request: Variance from the Land Development Code to allow a proposed fence to exceed the maximum height requirement Project Name: Café Press Location: 11909 Shelbyville Road Owner: Café Press, Inc. Applicant: Café Press, Inc. Representative: William B. Bardenwerper Jurisdiction: Middletown Council District: 19 - Julie Denton Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Bergmann, seconded by Board Member Tharp, that the variance for Case No. 16VARIANCE1008 be denied. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Bergmann Absent: 1- Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary March 7, 2016 9. 16VARIANCE1007 Request: Variances to allow encroachments into required yards Project Name: 514 Baxter Avenue Location: 509 & 514 Baxter Avenue Owner: 514 Baxter Avenue, Inc Applicant: John Thomas, Sabak, Wilson, & Lingo, Inc Representative: John Thomas, Sabak, Wilson, & Lingo, Inc Jurisdiction: Louisville Metro Council District: 4- David Tandy Case Manager: Laura Mattingly-Humphrey, Planner I A motion was made by Board Member Fishman, seconded by Board Member Turner, that two variances for Case No. 16VARIANCE1007 be approved. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Bergmann Absent: 1- Allendorf 10. 16VARIANCE1004 Request: Variance from the Land Development Code to allow a proposed rear addition to the principal structure to encroach into the side yards setbacks. Project Name: 1784 Mellwood Avenue Location: 1784 Mellwood Avenue Owner: Jason and Betty Nunn Applicant: Stefan Rumancik - Designer Builders Representative: Stefan Rumancik - Designer Builders Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Ross Allen, Planner I A motion was made by Board Member Bergmann, seconded by Board Member Tharp, that two variances for Case No. 16VARIANCE1004 be approved. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Bergmann Absent: 1- Allendorf Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary March 7, 2016 11. 16VARIANCE1006 Request: Variance from the Land Development Code to allow an existing two story addition to encroach into the side yard setback. Project Name: 1124 East Burnett Avenue Location: 1124 East Burnett Avenue Owner: Eric Toohey Applicant: Kathy Matheny - Cardinal Surveying Representative: Kathy Matheny - Cardinal Surveying Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Ross Allen, Planner I A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that the variance for Case No. 16VARIANCE1006 be approved. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Bergmann Absent: 1- Allendorf 12. 15VARIANCE1081 Request: Variances from the Land Development Code to allow an existing freestanding sign to exceed the maximum height and size Project Name: Arby’s Location: 11488 Preston Highway Owner: BBM - I Properties, LLC Applicant: BBM - I Properties, LLC Representative: Chris Bowling Jurisdiction: Louisville Metro Council District: 13 - Vicki Aubrey Welch Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Tharp, that two variances for Case No. 15VARIANCE1081 be approved. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Bergmann Absent: 1- Allendorf Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary March 7, 2016 13. 15CUP1046 Request: Conditional Use Permit and Variances to allow off-street parking in an R-4 zoning district Project Name: Norton Medical Office Building Off-Street Parking Location: 1001 Breckenridge Lane Owner: Keges Realty Corp., Louges Investment Corp., Lumax Realty Corp., and Tomlin Development Corp. Applicant: Norton Properties, Inc. Representative: Michael Tigue Jurisdiction: St. Matthews Council District: 26 - Brent Ackerson Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Bergmann, seconded by Board Member Turner, that the Conditional Use Permit for Case No. 15CUP1046 be approved on condition. The motion carried by the following vote: Yes: 4- Fishman, Turner, Jarboe, and Bergmann Absent: 2- Allendorf, and Tharp A motion was made by Board Member Bergmann, seconded by Board Member Turner, that two variances for Case No. 15CUP1046 be approved. The motion carried by the following vote: Yes: 4- Fishman, Turner, Jarboe, and Bergmann Absent: 2- Allendorf, and Tharp 14. 15CUP1049 Request: Modification of a Conditional Use Permit, variances, and a landscape waiver to allow the expansion of an existing hospital Project Name: Norton Audubon Hospital expansion Location: One Audubon Plaza Drive Owner: HCP Louisville, Inc. Applicant: Norton Hospitals, Inc. Representative: Michael Tigue Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that the Modified Conditional Use Permit, three variances and one waiver be approved. The motion carried by the following vote: Yes: 4- Fishman, Turner, Jarboe, and Bergmann Absent: 2- Allendorf, and Tharp Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary March 7, 2016 15. 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, 2016; DECEMBER 7, 2016 AND FEBRUARY 1, 2016) A motion was made by Board Member Fishman, seconded by Board Member Turner, that the variance and waiver for Case No. 15VARIANCE1062 be approved on condition. The motion carried by the following vote: Yes: 3- Fishman, Turner, and Jarboe No: 1- Bergmann Absent: 2- Allendorf, and Tharp Adjournment The meeting adjourned at 2:49 p.m. Louisville Metro Government Page 8