Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, July 11, 2016 8:30 AM Old Jail Courtroom Call To Order Present: 7- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Vice Chair Betty Jarboe, Board Member Dean Tharp, Board Member Paul Bergmann, Board Member Lula Howard, and Chair Person Michael Allendorf 1. BOZA_Annual_Election BOZA Annual Election of Officers A motion was made by Board Member Turner, seconded by Board Member Howard, to elect Mike Allendorf as Chair of the Board of Zoning Adjustment. No other nominations were offered. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf A motion was made by Board Member Fishman, seconded by Board Member Tharp, to elect Betty Jarboe as Vice Chair of the Board of Zoning Adjustment. No other nominations were offered. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf A motion was made by Vice Chair Jarboe, seconded by Board Member Tharp, to elect Rosalind Fishman as Secretary of the Board of Zoning Adjustment. No other nominations were offered. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf Approval Of Minutes 2. BOZA_Min_06.20.16 Approval of the Minutes from the June 20, 2016 Board of Zoning Adjustment meeting. A motion was made by Vice Chair Jarboe, seconded by Board Member Bergmann, that the Minutes from the June 20, 2016 Board of Zoning Adjustment meeting be APPROVED, with a CORRECTION to Page 7 as noted by Board Member Howard. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Abstain: 1- Tharp Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary July 11, 2016 3. 16VARIANCE1034 Request: Variance from LDC section 4.4.3.A.1.a.i to allow a fence to exceed the 42” inches height in the street side yard. Project Name: 1036 Mulberry Street Location: 1036 Mulberry Street Owner: Chase Harber and Meredith Cunningham Applicant: Charles Cunnigham Representative: Charles Cunnigham 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 Howard, that Case Number 16VARIANCE1034 be APPROVED. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf 4. 16VARIANCE1037 Request: Variance from LDC section 4.4.3.A.1.a.i to allow a fence to exceed the 42” inches height in the street side yard. Project Name: 104 South 36th Street Location: 104 South 36th Street Owner: Shirley Parker Applicant: Shirley Parker Representative: Shirley Parker Jurisdiction: Louisville Metro Council District: 5- Cheri Bryant Hamilton Case Manager: Ross Allen, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Bergmann, that Case Number 16VARIANCE1037 be APPROVED. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf 5. 16VARIANCE1039 Request: Variance from LDC section 5.4.1.D.3 to allow a reduction in the private yard area due to a proposed attached garage. Project Name: Garage 1827 Deer Park Avenue Location: 1827 Deer Park Avenue Owner: Stepheni Wilson Applicant: Phillip Mass Representative: Phillip Mass 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 Howard, that Case Number 16VARIANCE1039 be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary July 11, 2016 Yes: 7- Fishman, Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf 6. 16VARIANCE1033 Request: Variance from LDC section 5.3.2.C.2.b to allow a cooler to encroach into the into the required 25’ foot minimum setback from the rear property line and a waiver from LDC section 10.2 4 to allow the cooling unit to encroach intot he required Landscape Buffer Area. Project Name: 4810 Dixie Highway Location: 4810 Dixie Highway Owner: Edwin Montgomery - Montgomery Commercial Properties Applicant: Marv Blomquist - Blomquist Design Group LLC. Representative: Marv Blomquist - Blomquist Design Group LLC. Jurisdiction: Louisville Metro Council District: 12- Rick Blackwell Case Manager: Ross Allen, Planner I A motion was made by Board Member Howard, seconded by Board Member Fishman, that Case Number 16VARIANCE1033, Variance to allow a cooler to encroach into the required 25' minimum setback from the rear property line, and a Waiver to allow the cooling unit to encroach into the required Landscape Buffer Area, be APPROVED. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf 7. 16VARIANCE1044 Request: Variance from LDC section 5.2.2 to allow a reduction in the private yard area due to a proposed two story addition to the principal structure. Project Name: 88 Valley Road Location: 88 Valley Road Owner: Donna and Glenn McCoy Applicant: Donna and Glenn McCoy Representative: Donna and Glenn McCoy 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 Bergmann, that Case Number 16VARIANCE1044 be APPROVED. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary July 11, 2016 8. 16WAIVER1017 Request: Exceptional signage review for The Nine private student housing Project Name: The Nine Location: 1900 S. Floyd Street Owner: 908 Development Group Applicant: Tull Signs - Kevin Tull Representative: Tull Signs - Kevin Tull Jurisdiction: Louisville Metro Council District: 6- David James Case Manager: Joel Dock, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Turner, that Case Number 16WAIVER1017 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Allendorf No: 1- Bergmann 9. 16CUP1015 Request: Conditional Use Permit to allow an accessory apartment in a R-5 zoning district Project Name: None Location: 1832 Alfresco Place Owner: Danielle Oatley Applicant: Danielle Oatley Representative: Danielle Oatley Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Vice Chair Jarboe, seconded by Board Member Bergmann, that Case Number 16CUP1015 be APPROVED. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary July 11, 2016 10. 15APPEAL1002 Request: Appeal of a Notice of Violation issued by the Department of Codes and Regulations, the establishment of a nonconforming use with a change to another nonconforming use Project Name: Nonconformance Location: 1234 Boyle Street Owner: Ray Ackerman Applicant: Ray Ackerman Representative: Ray Ackerman Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Steve Hendrix, Planning and Design Supervisor NOTE: Chair Allendorf left at approximately 1:44 p.m., therefore, did not vote on this case. A motion was made by Board Member Howard, seconded by Board Member Tharp, that Case Number 15APPEAL1002 be APPROVED, noting that the Notice of Violation issued by the Department of Codes and Regulations was proper and that the violations have been resolved, and also the ESTABLISHMENT of Nonconforming Use with a change to another Nonconforming Use, noting that the new use will be no more odious or offensive to surrounding properties than the previous use. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Howard Absent: 1- Allendorf 11. 16APPEAL1006 Request: Appeal of an administrative action that determined a structure to be a religious building Project Name: Appeal Location: 500 Caldwell Street Owner: Pescador, LLC Applicant: Travis Provencher Family Trust Representative: Ryan Fenwick Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Steve Hendrix, Planning and Design Supervisor NOTE: Chair Allendorf left at approximately 1:44 p.m., therefore, did not vote on this case. A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 16APPEAL1006 be APPROVED, OVERTURNING the Administrative Official Action that determined the primary use of the structure at 500 East Caldwell Street as a religious building under the Land Development Code. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Howard Absent: 1- Allendorf Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary July 11, 2016 Adjournment Louisville Metro Government Page 6