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Board of Zoning Adjustment

Regular Meeting

Louisville, KY · August 29, 2016

AgendaMinutes

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