Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, June 6, 2016 8:30 AM Old Jail Courtroom Call To Order Present: 7- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Chair Person Michael Allendorf, Vice Chair Betty Jarboe, Board Member Dean Tharp, Board Member Paul Bergmann, and Board Member Lula Howard Approval Of Minutes 1. BOZA_MIN_05.16.16 Approval of the Minutes from the May 16, 2016 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Turner, that the May 16, 2016 minutes be approved. The motion carried by the following vote: Yes: 4- Fishman, Turner, Allendorf, and Jarboe Absent: 2- Bergmann, and Howard Abstain: 1- Tharp Business Session 2. 16VARIANCE1028 Request: Variance from the Development Code (St. Matthews) section 9.2.P to allow a detached garage to encroach into the minimum 2 foot side yard setback. Project Name: 207 Ridgeway Avenue Location: 207 Ridgeway Avenue Owner: Jerris and Mary Wise Applicant: Jerris and Mary Wise Representative: Jerris and Mary Wise Jurisdiction: St. Matthews Council District: 9 - Bill Hollander Case Manager: Ross Allen, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Turner, that Case No. 16VARIANCE, a proposed garage to encroach into the side yard, be approved. The motion carried by the following vote: Yes: 6- Fishman, Turner, Allendorf, Jarboe, Tharp, and Howard Absent: 1- Bergmann Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary June 6, 2016 3. 16VARIANCE1025 Request: Variance from the LDC section 5.4.1.D to allow Project Name: 142 Coral Court Private Yard Area Variance Location: 142 Coral Court Owner: Joseph Oldham Applicant: Emily Fischer - Architect Rock Paper Hammer Representative: Emily Fischer - Architect Rock Paper Hammer Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Ross Allen, Planner I A motion was made by Board Member Fishman, seconded by Board Member Tharp, that Case No. 16VARIANCE1025, a variance from the Land Development Code section 5.4.1.D.2, to allow the private yard area to be less than the required 30% for a lot greater than 6000 square feet, be approved. The motion carried by the following vote: Yes: 7- Fishman, Turner, Allendorf, Jarboe, Tharp, Bergmann, and Howard 4. 15VARIANCE1062 Request: Status Report Project Name: Louisville Islamic Center Location: 4104 River Road Owner: Louisville Islamic Center, Inc Applicant: Ozair Shariff, Board Member Representative: Cliff Ashburner, Attorney Jurisdiction: Louisville Metro Council District: 7- Angela Leet Case Manager: Sherie’ Long, Landscape Architect No Motion and No Vote - Ms. Long will make sure the dumpster is being enclosed properly (photo from applicant) and will report back to BOZA if the work is not complete. Public Hearing Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary June 6, 2016 5. 16VARIANCE1024 Request: Variance from LDC section 5.3.1 table 5.3.1 to allow a proposed addition onto single family residential home to encroach into the minimum street side yard setback on a corner lot. Project Name: 2219 Millvale Road Location: 2219 Millvale Road Owner: Carl and Lisa Shishmanian Applicant: Michael F. Tigue - Law Office of Michael Tigue, PLLC Representative: Michael F. Tigue - Law Office of Michael Tigue, PLLC Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Ross Allen, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Tharp, that Case No. 16VARIANCE1024, Land Development Code section 5.3.1 table 5.3.1, to allow a proposed addition to the principal structure to encroach into the minimum street yard setback, be approved. The motion carried by the following vote: Yes: 7- Fishman, Turner, Allendorf, Jarboe, Tharp, Bergmann, and Howard 6. 16DEVPLAN1022 Request: A Variance from LDC section 5.3.2.C.2.B, five Waivers for landscape, layout, and design, and a Sidewalk Waiver. Project Name: 1635 Albany Ave. Location: 1635 Albany Ave. Owner: Casabella Propoerties LLC. Applicant: Bill Schroll - Schroll Land Surveying LLC. Representative: Bill Schroll - Schroll Land Surveying LLC. Jurisdiction: Louisville Metro Council District: 3 - Mary Woolrdige Case Manager: Ross Allen, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Fishman that Case No. 16DEVPLAN1022 Waivers 1, 2, 3, 4, 5 and 6, be approved. The motion carried by the following vote: A motion was made by Vice Chair Jarboe, seconded by Board Member Fishman, that Case No. 16DEVPLAN1022, a variance from LDC section 5.3.2.C.2.B to allow parking and maneuvering area into the 25 foot setback along the west property line, be approved. The motion carried by the following vote: Yes: 7- Fishman, Turner, Allendorf, Jarboe, Tharp, Bergmann, and Howard Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary June 6, 2016 7. 16DEVPLAN1021 Request: A Variance and three waivers from the Land Development Code. Project Name: 7504 Preston Highway Location: 7504 Preston Highway Owner: Charlotte Walford - CJP Propoerties Applicant: Ishwer Patel - Lakshmi LLC Representative: John Miller - Miller/Whiry MWGLLC Jurisdiction: Louisville Metro Council District: 3 - Mary Woolrdige Case Manager: Ross Allen, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Fishman, that Case No. 16DEVPLAN1021, a variance from LDC section 5.3.2.C.2.b and waivers 1, 2 and 3, be approved. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Howard Abstain: 1- Allendorf 8. 15VARIANCE1069 Request: Variance from street side yard fence height Project Name: 1343 Lydia Street Location: 1343 Lydia Street Owner: Eddie & Nancy Hancock Applicant: Eddie & Nancy Hancock Representative: Eddie & Nancy Hancock Jurisdiction: Louisville Metro Council District: 10 - Patrick Mulvihill Case Manager: Laura Mattingly, Planner I A motion was made by Board Member Howard, seconded by Vice Chair Jarboe, that Case No. 15VARIANCE1069, section 4.4.3.A to allow a proposed fence height to exceed the maximum 3.5 foot height in a street side yard, be approved. The motion carried unanimously: Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary June 6, 2016 9. 16VARIANCE1030 Request: Variance from the Land Development Code section 5.3.1, table 5.3.1 and 5.3.1.C.4 to allow a principal structure to encroach into the street side yard setback. Project Name: 2229 Flat Rock Road Location: 2229 Flat Rock Road Owner: Robert Stanley Applicant: Robert Stanley Representative: Robert Stanley Jurisdiction: Louisville Metro Council District: 19- Julie Denton Case Manager: Ross Allen, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Howard, that Case No. 16VARIANCE1030, variances from the LDC sections 5.3.1.C.4 and table 5.3.1 to allow a principal structure to encroach into the side yard setback along Aiken Rd., be approved. The motion carried by the following vote: Yes: 7- Fishman, Turner, Allendorf, Jarboe, Tharp, Bergmann, and Howard 10. 16CUP1010 Request: Modified Conditional Use Permit to allow truck rental as an expansion to a mini-warehouse Project Name: Storage Plus Location: 6456 Outer Loop Owner: Iverson Family Outer Loop, LLC. Applicant: QII Plus, LLC - Mark Helm Representative: Law Office of Michael Tigue, PLLC. - Michael Tigue Jurisdiction: Louisville Metro Council District: 23 - James Peden Case Manager: Joel Dock, Planner I A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case No. 16CUP1010, LDC section 4.2.35, be approved. The motion carried by the following vote: Yes: 7- Fishman, Turner, Allendorf, Jarboe, Tharp, Bergmann, and Howard Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary June 6, 2016 11. 16CUP1007 Request: Conditional Use Permit to allow an accessory apartment in an R-5 zoning district Project Name: None Location: 4931 South 4th Street Owner: Elvia Gonzales Applicant: Elvia Gonzales Representative: Elvia Gonzales Jurisdiction: Louisville Metro Council District: 21 - Dan Johnson Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Vice Chair Jarboe, seconded by Board Member Fishman, that Case No. 16CUP1007, for an accessory apartment in an R-5 zoning district, be approved. The motion carried by the following vote: Yes: 7- Fishman, Turner, Allendorf, Jarboe, Tharp, Bergmann, and Howard 12. 14CUP1003 Request: Time Extensions concerning certain Conditions of Approval for the potentially hazardous or nuisance use (staging lot for trucks and trailers) Conditional Use Permit, approved on January 11, 2016. Project Name: Conditions of Approval Location: 151 & 201 Cabel Street Owner: Swift Pork Company Applicant: JBS USA, LLC &Swift Pork Company Representative: Glenn Price Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Steve Hendrix, Planning and Design Supervisor A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case No. 14CUP1003 be continued to the June 20, 2016 BOZA meeting. The motion carried by the following vote: Yes: 7- Fishman, Turner, Allendorf, Jarboe, Tharp, Bergmann, and Howard Adjournment Louisville Metro Government Page 6