Board of Zoning Adjustment
Regular MeetingLouisville, KY · August 29, 2016
Minutes
Old Jail Auditorium
Louisville Metro Government 514 W. Liberty St.
Louisville, KY 40202
Action Summary
Board of Zoning Adjustment
Monday, August 29, 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_08.15.16
Approval of the Minutes from the August 15, 2016 Board of Zoning Adjustment meeting.
A motion was made by Board Member Fishman, seconded by Board Member
Howard, that the Minutes from the August 15, 2016 Board of Zoning
Adjustment meeting be APPROVED. The motion carried by the following vote:
Yes: 5- Fishman, Turner, Jarboe, Bergmann, and Howard
Absent: 1- Allendorf
Abstain: 1- Tharp
Business Session
2. 16VARIANCE1061
Request: Variance from the Land Development Code section 5.2.2, table
5.2.2 to allow a proposed attached rear screened porch to
encroach into the minimum side yard setback.
Project Name: 186 North Bellaire Ave. Variance
Location: 186 North Bellaire Avenue
Owner: James Bruggers
Applicant: Kathy Matheny - Cardinal Planning and Design Inc.
Representative: Kathy Matheny - Cardinal Planning and Design Inc.
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
Bergmann, that Case Number 16VARIANCE1061 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 29, 2016
3. 16VARIANCE1059
Request: Variance from the Land Development Code sections 5.1.7.D to
allow a proposed garage and attached patio to encroach into the
minimum front yard setback on a double frontage lot
Project Name: McCready Variance
Location: 302 McCready Avenue
Owner: Marie White
Applicant: Joe Willis - Louisville Room Addition
Representative: Joe Willis - Louisville Room Addition .
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
Bergmann, that Case Number 16VARIANCE1059 be APPROVED. The motion
carried by the following vote:
Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Howard
Absent: 1- Allendorf
4. 16VARIANCE1064
Request: Variance from the Land Development Code section 5.2.2, table
5.2.2 to allow a proposed enclosed attached rear addition to
encroach into the minimum side yard setback.
Project Name: 1924 Harvard Drive
Location: 1924 Harvard Drive
Owner: Richard L. Morris - RLM Properties Inc.
Applicant: Richard L. Morris - RLM Properties Inc.
Representative: Richard L. Morris - RLM Properties Inc.
Jurisdiction: Louisville Metro
Council District: 8 - Tom Owen
Case Manager: Ross Allen, Planner I
A motion was made by Board Member Fishman, seconded by Board Member
Bergmann, that Case Number 16VARIANCE1064 be APPROVED. The motion
carried by the following vote:
Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Howard
Absent: 1- Allendorf
Public Hearing
Louisville Metro Government Page 2
Board of Zoning Adjustment Action Summary August 29, 2016
5. 16VARIANCE1051
Request: Variance for side yard setbacks
Project Name: 1327 & 1325 Christy Ave
Location: 1327 & 1325 Christy Ave
Owner: Scott McEwen, JamCor Investments, Inc
Applicant: Gerald A Stafford
Representative: Kathryn Matheny, Cardinal Surveying
Jurisdiction: Louisville Metro
Council District: 4 - David Tandy
Case Manager: Laura Mattingly, Planner I
A motion was made by Board Member Bergmann, seconded by Board Member
Howard, that Case Number 16VARIANCE1051 be APPROVED. The motion
carried by the following vote:
Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Howard
Absent: 1- Allendorf
6. 16VARIANCE1060
Request: Variance from the Land Development Code sections 5.1.12.a for
the proposed residence to be at a greater (65 foot) front yard
setback.
Project Name: 12506 Lilly Lane Variance
Location: 12506 Lilly Lane
Owner: Vanessa J. Lasobek
Applicant: Richeal Thronson-Mabis - Clayton Homes
Representative: Richeal Thronson-Mabis - Clayton Homes .
Jurisdiction: Louisville Metro
Council District: 19 - Julie Denton
Case Manager: Ross Allen, Planner I
A motion was made by Board Member Fishman, seconded by Board Member
Turner, that Case Number 16VARIANCE1060 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 3
Board of Zoning Adjustment Action Summary August 29, 2016
7. 16VARIANCE1056
Request: Variances for front, side, street side, and rear yard setback for
proposed single-family dwellings and accessory use areas
Project Name: Schnitzelburg Container Homes
Location: 1337 S. Shelby St, 1333 S. Shelby St, & 800 Ash St
Owner: RDKJ Properties, LLC
Applicant: STC Consolidated - James Matthews
Representative: STC Management - Chris Sternberg
Jurisdiction: Louisville Metro
Council District: 10 - Pat Mulvihil
Case Manager: Joel Dock, Planner I
A motion was made by Board Member Howard, seconded by Board Member
Bergmann, that Case Number 16VARIANCE1056 be APPROVED. The motion
carried by the following vote:
Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Howard
Absent: 1- Allendorf
8. 16CUP1032
Request: Modified Conditional Use Permit for Outdoor Alcohol Sales and
Consumption/Indoor Entertainment Activity for a Restaurant in the
C-1 Zoning District
Project Name: Martin’s BBQ
Location: 3408 Indian Lake Drive
Owner: Indian Springs Community, LLC
Applicant: Blomquist Design Group, LLC
Representative: Blomquist Design Group, LLC - Marv Blomquist
Jurisdiction: Louisville Metro
Council District: 17 - Glen Stuckel
Case Manager: Joel Dock, Planner I
A motion was made by Board Member Bergmann, seconded by Board Member
Howard, that Case Number 16CUP1032 be APPROVED, SUBJECT to the
Conditions of Approval as noted on Page 8 of the Staff Report. 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 29, 2016
9. 16CUP1019
Request: Modification of an Existing Conditional Use Permit to allow the
expansion of a crematorium and sidewalk waiver along Produce
Road in an M-3 zoning district
Project Name: The Borden Mortuary Group
Location: 4515 Produce Road
Owner: Timothy R. Borden Enterprises, Inc.
Applicant: Timothy R. Borden Enterprises, Inc.
Representative: James Griffin
Jurisdiction: Watterson Park
Council District: 10 - Pat Mulvihill
Case Manager: Jon E. Crumbie, Planning and Design Coordinator
NOTE: Member Fishman is recused from this case.
A motion was made by Board Member Howard, seconded by Board Member
Bergmann, that Case Number 16CUP1019 be APPROVED, SUBJECT to the
Conditions of Approval as noted on Pages 7 through 10 of the Staff Report.
The motion carried by the following vote:
Yes: 5- Turner, Jarboe, Tharp, Bergmann, and Howard
Absent: 1- Allendorf
Not Voting: 1- Fishman
10. 16CUP1024
Request: Conditional Use Permit to allow outdoor alcohol sales and
consumption in a C-1 zoning district
Project Name: Gander Restaurant
Location: 111 South English Station Road
Owner: Landis, LLC
Applicant: A.C. Mike, LLC
Representative: Ann Mike
Jurisdiction: Louisville Metro
Council District: 20 - Stuart Benson
Case Manager: Jon E. Crumbie, Planning and Design Coordinator
A motion was made by Board Member Fishman, seconded by Board Member
Howard, that Case Number 16CUP1024 be APPROVED, SUBJECT to the
Conditions of Approval as noted on Page 8 of the Staff Report. 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 29, 2016
11. 16CUP1026
Request: Conditional Use Permit to allow off-street parking and landscape
waivers in an R-6 zoning district
Project Name: None
Location: 1104 Central Avenue
Owner: Taylor & Central, LLC
Applicant: Taylor & Central, LLC.
Representative: Chris Brown, Erik Lattig
Jurisdiction: Louisville Metro
Council District: 6 - David James
Case Manager: Jon E. Crumbie, Planning and Design Coordinator
A motion was made by Board Member Howard, seconded by Board Member
Bergmann, that Case Number 16CUP1026 be APPROVED, SUBJECT to the
Conditions of Approval as noted on Page 7 of the Staff Report. The motion
carried by the following vote:
Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Howard
Absent: 1- Allendorf
Adjournment
Louisville Metro Government Page 6
Agenda
Old Jail Auditorium
Louisville Metro Government 514 W. Liberty St.
Louisville, KY 40202
Agenda
Board of Zoning Adjustment
Monday, August 29, 2016 8:30 AM Old Jail Courtroom
Call To Order
Approval Of Minutes
1. BOZA_Minutes_08.15.16
Approval of the Minutes from the August 15, 2016 Board of Zoning Adjustment
meeting.
Business Session
2. 16VARIANCE1061
Request: Variance from the Land Development Code section 5.2.2,
table 5.2.2 to allow a proposed attached rear screened
porch to encroach into the minimum side yard setback.
Project Name: 186 North Bellaire Ave. Variance
Location: 186 North Bellaire Avenue
Owner: James Bruggers
Applicant: Kathey Matheny - Cardinal Planning and Design Inc.
Representative: Kathey Matheny - Cardinal Planning and Design Inc.
Jurisdiction: Louisville Metro
Council District: 9 - Bill Hollander
Case Manager: Ross Allen, Planner I
3. 16VARIANCE1059
Request: Variance from the Land Development Code sections
5.1.7.D to allow a proposed garage and attached patio to
encroach into the minimum front yard setback on a double
frontage lot
Project Name: McCready Variance
Location: 302 McCready Avenue
Owner: Marie White
Applicant: Joe Willis - Louisville Room Addition
Representative: Joe Willis - Louisville Room Addition .
Jurisdiction: Louisville Metro
Council District: 9 - Bill Hollander
Case Manager: Ross Allen, Planner I
Louisville Metro Government Page 1 Printed on 8/29/2016
Board of Zoning Adjustment Agenda August 29, 2016
4. 16VARIANCE1064
Request: Variance from the Land Development Code section 5.2.2,
table 5.2.2 to allow a proposed enclosed attached rear
addition to encroach into the minimum side yard setback.
Project Name: 1924 Harvard Drive
Location: 1924 Harvard Drive
Owner: Richard L. Morris - RLM Properties Inc.
Applicant: Richard L. Morris - RLM Properties Inc.
Representative: Richard L. Morris - RLM Properties Inc.
Jurisdiction: Louisville Metro
Council District: 8 - Tom Owen
Case Manager: Ross Allen, Planner I
Public Hearing
5. 16VARIANCE1051
Request: Variance for side yard setbacks
Project Name: 1327 & 1325 Christy Ave
Location: 1327 & 1325 Christy Ave
Owner: Scott McEwen, JamCor Investments, Inc
Applicant: Gerald A Stafford
Representative: Kathryn Matheny, Cardinal Surveying
Jurisdiction: Louisville Metro
Council District: 4 - David Tandy
Case Manager: Laura Mattingly, Planner I
6. 16VARIANCE1060
Request: Variance from the Land Development Code sections
5.1.12.a for the proposed residence to be at a greater (65
foot) front yard setback.
Project Name: 12506 Lilly Lane Variance
Location: 12506 Lilly Lane
Owner: Vanessa J. Lasobek
Applicant: Richeal Thronson-Mabis - Clayton Homes
Representative: Richeal Thronson-Mabis - Clayton Homes .
Jurisdiction: Louisville Metro
Council District: 19 - Julie Denton
Case Manager: Ross Allen, Planner I
Louisville Metro Government Page 2 Printed on 8/29/2016
Board of Zoning Adjustment Agenda August 29, 2016
7. 16VARIANCE1056
Request: Variances for front, side, street side, and rear yard setback
for proposed single-family dwellings and accessory use
areas
Project Name: Schnitzelburg Container Homes
Location: 1337 S. Shelby St, 1333 S. Shelby St, & 800 Ash St
Owner: RDKJ Properties, LLC
Applicant: STC Consolidated - James Matthews
Representative: STC Management - Chris Sternberg
Jurisdiction: Louisville Metro
Council District: 10 - Pat Mulvihil
Case Manager: Joel Dock, Planner I
8. 16CUP1032
Request: Modified Conditional Use Permit for Outdoor Alcohol Sales
and Consumption/Indoor Entertainment Activity for a
Restaurant in the C-1 Zoning District
Project Name: Martin’s BBQ
Location: 3408 Indian Lake Drive
Owner: Indian Springs Community, LLC
Applicant: Blomquist Design Group, LLC
Representative: Blomquist Design Group, LLC - Marv Blomquist
Jurisdiction: Louisville Metro
Council District: 17 - Glen Stuckel
Case Manager: Joel Dock, Planner I
9. 16CUP1019
Request: Modification of an Existing Conditional Use Permit to allow
the expansion of a crematorium and sidewalk waiver along
Produce Road in an M-3 zoning district
Project Name: The Borden Mortuary Group
Location: 4515 Produce Road
Owner: Timothy R. Borden Enterprises, Inc.
Applicant: Timothy R. Borden Enterprises, Inc.
Representative: James Griffin
Jurisdiction: Watterson Park
Council District: 10 - Pat Mulvihill
Case Manager: Jon E. Crumbie, Planning and Design Coordinator
Louisville Metro Government Page 3 Printed on 8/29/2016
Board of Zoning Adjustment Agenda August 29, 2016
10. 16CUP1024
Request: Conditional Use Permit to allow outdoor alcohol sales and
consumption in a C-1 zoning district
Project Name: Gander Restaurant
Location: 111 South English Station Road
Owner: Landis, LLC
Applicant: A.C. Mike, LLC
Representative: Ann Mike
Jurisdiction: Louisville Metro
Council District: 20 - Stuart Benson
Case Manager: Jon E. Crumbie, Planning and Design Coordinator
11. 16CUP1026
Request: Conditional Use Permit to allow off-street parking and
landscape waivers in an R-6 zoning district
Project Name: None
Location: 1104 Central Avenue
Owner: Taylor & Central, LLC
Applicant: Taylor & Central, LLC.
Representative: Chris Brown, Erik Lattig
Jurisdiction: Louisville Metro
Council District: 6 - David James
Case Manager: Jon E. Crumbie, Planning and Design Coordinator
Adjournment
Louisville Metro Government Page 4 Printed on 8/29/2016