Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, February 20, 2017 8:30 AM Old Jail Courtroom Call To Order Present: 6- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Board Member Betty Jarboe, Board Member Dean Tharp, Board Member Paul Bergmann, and Chair Person Michael Allendorf Absent: 1- Board Member Lula Howard Approval Of Minutes 1. BOZA_Minutes_02.06.17 Approval of the Minutes from the February 6, 2017 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Turner, that the Minutes from the February 6, 2017 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard Business Session Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary February 20, 2017 2. 16VARIANCE1097 Request: Variance from the Land Development Code section 5.2.2.C, table 5.2.2 allow the existing structure and proposed second story addition to encroach into the side yard setback in a Traditional Neighborhood Form District on a parcel zoned R-5B. Project Name: 907 Goss Ave. Addition Location: 907 Goss Ave. Owner: Ray Ackerman Applicant: Ray Ackerman Representative: Ray Ackerman Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Ross Allen, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Bergmann, that Case Number 16VARIANCE1097, Variance #1 from the Land Development Code (Jan. 2017) Section 5.2.2.C, table 5.2.2 to allow a second story addition on an R-6 zoned parcel within a Traditional Neighborhood Form District to encroach into the side yard setback on the southeastern property line, and Variance #2 from the Land Development Code (Jan. 2017) Section 5.2.2.C, table 5.2.2 to allow a second story addition on an R-6 zoned parcel within a Traditional Neighborhood Form District to encroach into the side yard setback on the northwestern property line, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard Public Hearing Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary February 20, 2017 3. 16DEVPLAN1052 Request: Two variances from the Land Development Code (LDC) section 5.2.4.C.3.a to allow the proposed building to exceed the maximum setback and 6 design waivers, 1 sign waiver, and 3 landscape waivers. Project Name: Thornton’s Store Location: 4900 Brownsboro Rd. Owner: Anne Marie Elpers - The Glenview Trust Company Applicant: Jode L Ballard - Thornton’s Inc. Representative: Glen Price - Frost, Brown, and Todd LLC Jurisdiction: Northfield 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 16DEVPLAN1052, Variance #1 from the Land Development Code, Section 5.2.4.C.3.a to allow the convenience store to exceed the 15 foot setback from the edge of right of way by 167 feet (KY 22/Brownsboro Rd.), and Variance #2 from the Land Development Code, Section 5.2.4.C.3.a to allow the convenience store to exceed the 15 foot setback from the edge of right of way by 55 feet (US Hwy. 42), be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that Case Number 16DEVPLAN1052, Waivers #1, #2, #3, #4, #6, #7, #8, #9 and #10 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that Case Number 16DEVPLAN1052, Motion and Approval of Waivers #1, #2, #3, #4, #6, #7, #8, #9 and #10 be RESCINDED and a new motion be made. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that Case Number 16DEVPLAN1052, Waivers #1, #2, #3, #4, #5, #7, #8, #9, and #10 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case Number 16DEVPLAN1052, Waiver #6, be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary February 20, 2017 Yes: 5- Fishman, Turner, Jarboe, Bergmann, and Allendorf No: 1- Tharp Absent: 1- Howard 4. 16VARIANCE1093 Request: Variance from the Land Development Code section 4.8.4.B to allow a proposed Bojangles Restaurant parking lot to encroach approximately 5,492 sf. into the stream side buffer of Big Run Creek. Project Name: Bojangles Location: 7304 Dixie Highway Owner: Barnie and Susan Elder - BASU Properties LLC. Applicant: Claude Clark - Bojangles’ Restaurants Inc. Representative: Ann Richard - Land Development and Design Inc. Jurisdiction: Louisville Metro Council District: 12 - Rick Blackwell Case Manager: Ross Allen, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that Case Number 16VARIANCE1093, Variance from the Land Development Code, Section 4.8.4.B to allow a proposed Bojangles' Restaurant parking lot to encroach approximately 1,724 sf. into the Big Run Creek (Blueline Stream) 50 foot middle buffer and to encroach 3,768 sf. into the 25 foot outer buffer for a combined total of 5,492 sf. into the stream side buffer of Big Run Creek as found in the northwestern edge of the parcel, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard 5. 17VARIANCE1003 Request: Reduction of Private Yard Area and Side Yard Setback Project Name: 1942 Payne Street Addition Location: 1942 Payne Street Owner: Monica Mahoney Applicant: Architectural Artisans Representative: Jeff Rawlins - Architectural Artisans Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 17VARIANCE1003, 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% of the overall lot size in the Traditional Neighborhood Form District, and Variance from the Land Development Code, Section 5.2.2 to allow a structure to encroach into the 3' required side yard setback, be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary February 20, 2017 Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard 6. 17VARIANCE1000 Request: To allow a fence in the required yard to exceed 8’ in height Project Name: 5305 Pendleton Road Fence Location: 5305 Pendleton Road Owner: Eric Bennett Applicant: Eric Bennett Representative: Eric Bennett Jurisdiction: Louisville Metro Council District: 14 - Cindi Fowler Case Manager: Dante St. Germain, Planner I NOTE: The Board Members, by general consensus, postponed action on this case to allow the applicant an opportunity to review information presented by the opposition. NOTE: Board Member Fishman left at approximately 11:35 a.m. A motion was made by Board Member Bergmann, seconded by Board Member Jarboe, that Case Number 17VARIANCE1000, Variance from the Land Development Code, Section 4.4.3.A.1.a to allow a fence in the required side yard to exceed 8 feet in height, be DENIED. The motion carried by the following vote: Yes: 4- Turner, Jarboe, Tharp, and Bergmann No: 1- Allendorf Absent: 2- Fishman, and Howard 7. 16CUP1078 Request: Conditional Use Permit to allow a dog kennel in a C-1 zoning district Project Name: Dogtopia Location: 219 South Hurstbourne Parkway Owner: Frank and Jane Schmitt Applicant: Sirius Holdings, LLC Representative: Nicholas R. Pregliasco Jurisdiction: Louisville Metro Council District: 18 - Marilyn Parker Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Jarboe, seconded by Board Member Bergmann, that Case Number 16CUP1078, Conditional Use Permit to allow a commercial kennel in a C-1 zoning district, be APPROVED. The motion carried by the following vote: Yes: 5- Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 2- Fishman, and Howard Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary February 20, 2017 Adjournment Louisville Metro Government Page 6