MINUTES
LOUISVILLE ZONING BOARD OF APPEALS
March 9, 1999
Louisville Zoning Board of Appeals met in regular session with Chairman Campbell presiding. The meeting was called to order at 7:00 P.M.
MEMBERS PRESENT
- Al Farmer
- Ralph McKelvey
- Ralph Snyder
- John Campbell, Chairman
MEMBERS ABSENT
CITY PERSONNEL PRESENT
- Thomas P. Zwick, Mayor-Council Member
- Matthew W. Coppler, City Manager
- Robert A. Nau, Director of Planning & Development
- Sue Mendenhall, Deputy City Clerk
MINUTES OF THE JANUARY 12, 1999 MEETING
MEMBER MCKELVEY MOVED, MEMBER FARMER SECONDED, and the Motion carried to approve the Minutes of the January 12, 1999 meeting as presented. The vote: All yea.
AB 99-01 A REQUEST BY DELBERT AND STACY WITHROW, LOT 3241 SHAWNEE STREET, VARIANCE OF SECTION 1125.04(A) FOR A FRONT YARD SETBACK LESS THAN THE REQUIRED 40 FT. (34 FT. PROPOSED).
Director of Planning & Development, Robert A. Nau, presented the following staff report recommending the variance be approved as requested.
- In October of 1998, the applicant's request for a 30 ft. setback from Cherokee was denied. Last month the applicants reapplied for a variance for a 32 ft. front yard setback from Cherokee.
- Subsequently, the applicants shaved an additional 2 ft. off the length of their house for a proposed front yard setback of 34 ft.
- Most of the other variances for front yard setbacks along Cherokee have been for a 6 ft. modification. This revised variance request is consistent with other variances granted in the neighborhood.
- The site distance at the corner of Shawnee and Cherokee will not be affected by this proposal.
MEMBER SNYDER MOVED, MEMBER FARMER SECONDED, and the Motion carried to approve the variance as requested. The vote: All yea.
AB 99-02 A REQUEST BY MARK TOURNOUX, PT OF LOT 114, EAST BROAD STREET, VARIANCE OF SECTION 1125.04(A)(1) FOR A FRONT YARD SETBACK LESS THAN THE REQUIRED 40 FEET (37 FT. & 23 FT. PROPOSED).
Director of Planning & Development, Robert A. Nau, presented the following staff report recommending the variance be approved as requested.
- The applicant proposes to construct a new home at the northeast corner of S. Chapel and E. Broad. He proposes a 37 ft. front yard setback from Chapel and a 23 ft. front yard setback from E. Broad.
- Section 1151.11 of the City Zoning Ordinance permits a single-family home to be constructed on any lot of record regardless of its size provided modified setbacks are complied with. In this case the required front yard may be modified to 25 ft. The proposed 23 ft. setback on E. Broad Street requires the variance.
- The proposed front yard setbacks are in line or further from the road than the homes to the north and east.
- Due to the lot's size, a hardship exists.
MEMBER FARMER MOVED, MEMBER MCKELVEY SECONDED, and the Motion carried to approve the variance as requested. The vote: All yea.
AB 99-03 A REQUEST BY JAMES M. CASE, 1909 W. MAIN STREET, VARIANCE OF SECTION 1143.04(A) FOR A FRONT YARD SETBACK LESS THAN THE REQUIRED 50 FT. (33 FT. PROPOSED) IN A B-5 GENERAL RETAIL, OFFICE AND MOTORISTS SERVICES BUSINESS DISTRICT.
Director of Planning & Development, Robert A. Nau, presented the following staff report recommending the variance be approved as requested.
- The applicant owns a restaurant at the northwest corner of California and W. Main Street in a B-5 zoning district.
- Due to a lack of cold storage space, the owner proposes to purchase a 12 ft. X 15 ft. outside walk-in cooler. The proposed location of the cooler is at the northeast corner of the building. Situating the cooler at this corner of the building is necessary because of the internal layout of the restaurant and the location of a service door.
- The required front yard setback in a B-5 district is 50 ft. Since this is a corner lot, the setback is applicable to both streets the lot abuts.
- The buildings existing setback from California is 38 ft. With the addition of the cooler, the proposed setback will be 33 ft., thereby necessitating a variance. The proposal will not block the site distance at this intersection.
MEMBER SNYDER MOVED, MEMBER FARMER SECONDED, and the Motion carried to approve the variance as requested. The vote: All yea.
AB 99-04 JOHN R. TAGGART, APPLICANT, 917 W. MAIN ST, VARIANCE OF SECTION 1143.04(A) FOR A FRONT YARD SETBACK LESS THAN THE REQUIRED 50 FT. (4 FT. PROPOSED) IN A B-5 GENERAL RETAIL, OFFICE AND MOTORISTS SERVICES BUSINESS DISTRICT.
Director of Planning & Development, Robert A. Nau, presented the following staff report recommending the variance be approved as requested.
- The applicant proposes to convert a vacant commercial building on W. Main Street into an ice-cream stand. Part of the conversion involves the construction of a 19 ft. X 36 ft. covered deck adjacent to the building.
- The B-5 zoning of the property has a 50 ft. minimum front yard setback requirement. The existing building is only 3 ft. from the front property line and the addition proposes a 4 ft. setback, thereby necessitating the variance.
- Due to the lot's size and existing setbacks, a hardship exists. The proposed addition and alterations are within the character of the area.
- Since this is a B-5 zoning district a site plan is on the Planning Commission's agenda for their review.
MEMBER SNYDER MOVED, MEMBER MCKELVEY SECONDED, and the Motion carried to approve the variance as requested. The vote: All yea.
Having no further business, MEMBER FARMER MOVED, MEMBER SNYDER SECONDED, and the Motion carried to adjourn the meeting at 7:20 P.M. The vote: All yea.
Respectfully submitted,
Sue Mendenhall
Deputy City Clerk
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