Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, August 1, 2016 8:30 AM Old Jail Courtroom Call To Order Present: 6- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Vice Chair Betty Jarboe, Board Member Dean Tharp, Board Member Paul Bergmann, and Board Member Lula Howard Absent: 1- Chair Person Michael Allendorf Approval Of Minutes 1. BOZA_Minutes_07.11.16 Approval of the Minutes from the July 11, 2016 Board of Zoning Adjustment meeting. A motion was made by Board Member Bergmann, seconded by Board Member Howard, that the Minutes from the July 11, 2016 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Howard Absent: 1- Allendorf Business Session 2. 16VARIANCE1050 Request: Variance from Development Code (St. Matthews) section 4.7.C.2.b to allow a side yard setback to be less than the minimum required 5 foot. Project Name: 237 Fairfax Avenue Location: 237 Fairfax Avenue Owner: Ann and Henry Austin Applicant: Charlie Williams - Charlie Williams Design Representative: Charlie Williams - Charlie Williams Design Jurisdiction: City of St. Matthews Council District: 9 - Bill Hollander Case Manager: Ross Allen, Planner I A motion was made by Board Member Howard, seconded by Board Member Bergmann, that Case Number 16VARIANCE1050 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Howard Absent: 1- Allendorf Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary August 1, 2016 3. 16APPEAL1006 Request: Reconsideration Request for 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 CASE NUMBER 16APPEAL1006 DIED FOR LACK OF A MOTION. NO VOTE OR ACTION WAS TAKEN ON THIS CASE. Public Hearing 4. 16DEVPLAN1079 Request: Two variances from LDC section 5.3.3.C.2.b and c, a Landscape waiver from section 10.2.10, and a Sidewalk waiver from LDC section 5.8.1.B Project Name: 7410 South Park Place Location: 7410 South Park Place Owner: Karim Momeni Applicant: Karim Momeni Representative: Matt Wolff - Sabak, Wilson, and Lingo Inc. Jurisdiction: Norwood Council District: 7 - Angela Leet Case Manager: Ross Allen, Planner I A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case Number 16DEVPLAN1079 Variances and Waivers, be APPROVED, SUBJECT to the following Conditions of Approval: 1. There will be a sign on the existing driveway from Norwood onto the lot that says "Do Not Enter", as well as a speed bump. 2. The existing 1 1/2 story brick house with basement will be maintained as a single family home, and any change to such use MUST be presented to the Board of Zoning Adjustment. The motion carried by the following vote: Yes: 4- Fishman, Turner, Jarboe, and Bergmann No: 2- Tharp, and Howard Absent: 1- Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary August 1, 2016 5. B-17987-12 Request: Seismographic Analysis Summary Report as per the BOZA minutes of B-17987-12, condition #1. Project Name: Seismographic Analysis Location: 7331 Global Drive Owner: Yamamoto FB Engineering Applicant: Yamamoto FB Engineering Representative: Darryl Keels Jurisdiction: Louisville Metro Council District: 12-Rick Blackwell Case Manager: Steve Hendrix, Planning and Design Supervisor A motion was made by Board Member Howard, seconded by Board Member Fishman, that Case Number B-17987-12 be CONTINUED to the October 3, 2016 Board of Zoning Adjustment meeting. The Board requests the following items be presented at the October 3, 2016 meeting: 1. A more complete analysis from Mr. Trowbridge of Kentuckiana Seismic Survey, which will detail the May, 2016 analysis in addition to the analysis from 2012. 2. Past history from Codes and Regulations regarding Condition #2 concerning the inspections of the site after the analysis was completed with regard to noise and vibration from the Hillerich's property. 3. Justification of the Yamamoto FB fixing the cracks in the Hillerich's garage and an update on the report. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Howard Absent: 1- Allendorf 6. 16VARIANCE1048 Request: Sign Variance and Waivers Project Name: Shell Sign Location: 1123 S Floyd Street Owner: Mark Young, TA Operating, LLC Applicant: Sherri Hartsell, Florida Centerline Group Representative: Sherri Hartsell, Florida Centerline Group Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Laura Mattingly, Planner I A motion was made by Board Member Howard, seconded by Board Member Fishman, that Case Number 16VARIANCE1048 Variance and Waivers, be APPROVED. The motion carried by the following vote: Yes: 5- Fishman, Turner, Tharp, Bergmann, and Howard No: 1- Jarboe Absent: 1- Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary August 1, 2016 7. 16VARIANCE1052 Request: Variance to exceed the maximum height requirement within a transition zone Project Name: Chamberlain Pointe Location: 4640 Chamberlain Lane Owner: Julep Holdings LLC Applicant: Julep Holdings LLC Representative: Bardenwerper, Talbott & Roberts, PLLC Jurisdiction: Louisville Metro Council District: 17 - Glen Stuckel Case Manager: Joel Dock, Planner I A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 16VARIANCE1052 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Howard Absent: 1- Allendorf 8. 16VARIANCE1029 Request: Variance from the Land Development Code section 5.3.1 Table 5.3.1 to allow first and second story decks to encroach into the minimum side yard setback. Project Name: 108 East Burnett Avenue Location: 108 East Burnett Avenue Owner: Bruce Cohen Applicant: Bruce Cohen Representative: Bruce Cohen Jurisdiction: Louisville Metro Council District: 6- David James Case Manager: Ross Allen, Planner I A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 16VARIANCE1029 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Howard Absent: 1- Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary August 1, 2016 9. 16VARIANCE1040 Request: Variance from Development Code 2003 section 4.3.C.2 to allow a proposed home to encroach into the minimum front yard setback within the City of Anchorage, KY. Project Name: 11801 Woodland Road Setback Location: 11801 Woodland Road Owner: Joseph Pepper Applicant: Jason Graves Representative: Jason Graves Jurisdiction: City of Anchorage, KY Council District: 17 - Glen Stuckel Case Manager: Ross Allen, Planner I A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 16VARIANCE1040 be APPROVED. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Howard Absent: 1- Allendorf Abstain: 1- Bergmann 10. 16VARIANCE1041 Request: Variance from Development Code 2003 (City of St. Matthews) article 9.1.B.1.a to allow an existing fence to exceed the maximum height in the street side yard. Project Name: 3531 Hycliffe Avenue Location: 3531 Hycliffe Avenue Owner: William and Deborah Bass Applicant: William and Deborah Bass Representative: William and Deborah Bass 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 Howard, that Case Number 16VARIANCE1041 be APPROVED. 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 August 1, 2016 11. 16VARIANCE1046 Request: Variance from Development Code 2003 (City of St. Matthews) article 11.D.2.c to mount two attached signs at a height greater than 25’ ft. on the building facade. Project Name: 297 North Hubbards Lane Location: 297 North Hubbards Lane Owner: James Boland - Oakland LLC. Applicant: Debbie Brent - Louisville Sign Company Representative: Debbie Brent - Louisville Sign Company Jurisdiction: St. Matthews Council District: 7 - Angela Leet Case Manager: Ross Allen, Planner I A motion was made by Board Member Bergmann, seconded by Board Member Howard, that Case Number 16VARIANCE1046 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Howard Absent: 1- Allendorf 12. 16VARIANCE1042 Request: Variance from Land Development Code section 5.3.1, table 5.3.1 to allow a proposed home to encroach into the minimum side yard setback. Project Name: 4800 Lake Louisvilla Drive Location: 4800 Lake Louisvilla Drive Owner: Clyde and Caroline Proctor Applicant: David F. Garber - Garber Chilton Representative: David F. Garber - Garber Chilton Jurisdiction: Louisville Metro Council District: 16 - Kelly Downard Case Manager: Ross Allen, Planner I A motion was made by Board Member Howard, seconded by Board Member Bergmann, that Case Number 16VARIANCE1042 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Howard Absent: 1- Allendorf Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary August 1, 2016 13. 16VARIANCE1049 Request: Variance from the Land Development Code sections 5.3.1 for the proposed attached garage to encroach into the minimum rear yard setback. Project Name: 3220 Eagle Pass Location: 3220 Eagle Pass Owner: Anthony and Sarah Williams Applicant: Anne Del Prince - Del Prince Designs LLC. Representative: Anne Del Prince - Del Prince Designs LLC. Jurisdiction: Louisville Metro/Audubon Park 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 16VARIANCE1049 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Howard Absent: 1- Allendorf 14. 16DEVPLAN1125 Request: Variance from the Land Development Code to allow the proposed building not to maintain the zero setback at the corner Project Name: Outdoor Dining Area Location: 350 East Market Street Owner: University of Louisville Real Estate Foundation Inc. Applicant: NTS Realty Holdings LP 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 Number 16DEVPLAN1125 be CONTINUED to the August 15, 2016 Board of Zoning Adjustment meeting to allow the applicant time to work with Public Works dealing with the issues of sidewalks, valet area and bike lanes. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Bergmann Absent: 1- Allendorf Abstain: 1- Howard Adjournment Louisville Metro Government Page 7