Old Jail Auditorium  
514 W. Liberty Street  
Louisville, KY 40202  
Louisville Metro Government  
Action Summary - Final  
Board of Zoning Adjustment  
Monday, December 19, 2022  
1:00 PM  
Old Jail Auditorium  
Call To Order  
4 -  
3 -  
Present:  
Board Member Yani Vozos, Board Member Sharon Bond, Jan Horton, and Board  
Member Lula Howard  
Absent:  
Board Member Brandt Ford, Board Member Kim Leanhart, and Board Member  
Richard Buttorff  
Approval Of Minutes  
BOZA_Minutes_12.05.22  
1.  
Approval of the minutes of the December 5, 2022 Board of Zoning Adjustment meeting.  
A motion was made by Member Bond, seconded by Member Horton, that the  
minutes of the December 5, 2022 Board of Zoning Adjustment meeting be  
approved. The motion carried by the following vote:  
4 - Vozos, Bond, Horton, and Howard  
3 - Ford, Leanhart, and Buttorff  
Yes:  
Absent:  
Public Hearing  
22-VARIANCE-0141  
2.  
Request:  
Variance to allow an addition to encroach into the street side yard  
setback (22-VARIANCE-0141) and a variance to allow parking  
within the front yard setback (22-VARIANCE-0162).  
Zoom Group  
Project Name:  
Location:  
4545 Taylorsville Road  
Owner/Applicant:  
Jurisdiction:  
Zoom Group, Inc  
Louisville Metro  
Council District:  
Case Manager:  
11 - Kevin Kramer  
Clara Schweiger, Planner I  
A motion was made by Member Vozos, seconded by Member Horton, to  
approve the requested Variances, as follows:  
Variance #1 - Variance from Chapter 5.3.5.C.3.a (22-VARIANCE-0141) to reduce  
the street-side setback from 25’ to 3.3’ at its closest point to allow a building  
addition.  
Variance #2 - Variance from Chapter 5.5.2.C.2.a (22-VARIANCE-0162) to allow  
parking in the front and street-side setback as shown on the plan.  
The motion carried by the following vote:  
4 - Vozos, Bond, Horton, and Howard  
3 - Ford, Leanhart, and Buttorff  
Yes:  
Absent:  
22-VARIANCE-0147  
3.  
Request:  
Variance to allow an addition to encroach into the required street  
side yard setback.  
Glenview Avenue Variance  
2200 Glenview Ave.  
Eron Jaber  
Project Name:  
Location:  
Owner/Applicant:  
Jurisdiction:  
Louisville Metro  
Council District:  
Case Manager:  
16-Scott Reed  
Amy Brooks, Planner I  
A motion was made by Member Bond, seconded by Member Horton, to deny  
the requested Variance from the Land Development Code section 5.1.12.B to  
allow a structure to encroach into the street side yard setback. The motion  
carried by the following vote:  
3 - Bond, Horton, and Howard  
1 - Vozos  
Yes:  
No:  
3 - Ford, Leanhart, and Buttorff  
Absent:  
22-MCUP-0012  
4.  
Request:  
Modified Conditional Use Permit for an institutional use  
(“Residential Transitional Treatment Center”)  
St. Vincent de Paul  
Project Name:  
Location:  
431 E. St. Catherine Street  
Owner/Applicant:  
Society of St. Vincent de Paul, Council of  
Louisville - Sarah Graham  
Jurisdiction:  
Louisville Metro  
Council District:  
Case Manager:  
6 - David James  
Joel Dock, AICP, Planning Coordinator  
A motion was made by Member Bond, seconded by Member Horton, to  
approve the requested Modified Conditional Use Permit for an institutional use  
(“Residential Transitional Treatment Center”). The motion carried by the  
following vote:  
4 - Vozos, Bond, Horton, and Howard  
3 - Ford, Leanhart, and Buttorff  
Yes:  
Absent:  
22-CUP-0227  
5.  
Request:  
Project Name:  
Location:  
Conditional Use Permit for a Hospital/Medical Clinic  
Baptist Health Freestanding Emergency Room  
7702 Bardstown Road  
Owner:  
Will Realty, LLC  
Applicant:  
Land Design & Development  
Land Design & Development  
Louisville Metro  
22 - Robin Engel  
Molly Clark, Planner II  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
A motion was made by Member Horton, seconded by Member Vozos, to  
approve the requested Conditional Use Permit to allow a hospital/medical  
clinic in a C-1 Commercial zoning district (Land Development Code (LDC)  
4.2.29) The motion carried by the following vote:  
4 - Vozos, Bond, Horton, and Howard  
3 - Ford, Leanhart, and Buttorff  
Yes:  
Absent:  
22-CUP-0245  
6.  
Request:  
Project Name:  
Location:  
Owner:  
Applicant:  
Conditional Use Permit for a Private Non-Profit Club  
Louisville Outlaws, INC  
1915 W Market Street  
Louisville Outlaws, INC  
Dustin Harrig  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
Dustin Harrig  
Louisville Metro  
5 - Donna Purvis  
Molly Clark, Planner II  
A motion was made by Member Vozos, seconded by Member Horton, to  
approve the requested Conditional Use Permit to allow a private non-profit  
club in OR2 Office Residential zoning district. The motion carried by the  
following vote:  
4 - Vozos, Bond, Horton, and Howard  
3 - Ford, Leanhart, and Buttorff  
Yes:  
Absent:  
A motion was made by Member Vozos, seconded by Member Bond, to approve  
the requested Waivers, as follows:  
Waiver #1 - A waiver from section Chapter 10 Part 2 of the Land Development  
Code to provide a 7 ft screen with an existing 7 ft wooden fence instead of an  
8 ft screen, to eliminate a portion of the screen along the western property  
line, to provide half of the required plantings (Type A trees) and to allow an  
existing structure and proposed pavilion to encroach into the required 10 ft  
landscape buffer area. (22-WAIVER-0187)  
Waiver #2 - A waiver from section 5.5.1.A.3.a to not provide the required 3 ft  
masonry, stone or concrete wall (22-WAIVER-0186).  
The motion carried by the following vote:  
4 - Vozos, Bond, Horton, and Howard  
Yes:  
3 - Ford, Leanhart, and Buttorff  
Absent:  
22-CUP-0271  
7.  
Request:  
Conditional Use Permit for a Private Institutional Use  
Project Name:  
Location:  
Owner:  
Down Syndrome of Louisville Educational Foundation  
5001 S Hurstbourne Parkway  
D.S. Education Foundation  
AL Engineering Inc.  
Applicant:  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
AL Engineering Inc.  
Louisville Metro  
26 - Brent Ackerson  
Molly Clark, Planner II  
A motion was made by Member Vozos, seconded by Member Bond, to approve  
the requested Conditional Use Permit to allow a private institutional use to  
construct a detached multipurpose room, an addition to the existing structure  
and a detached garage. The motion carried by the following vote:  
4 - Vozos, Bond, Horton, and Howard  
3 - Ford, Leanhart, and Buttorff  
Yes:  
Absent:  
22-CUP-0315  
8.  
Request:  
Project Name:  
Location:  
Conditional Use Permit for outdoor alcohol sales and consumption  
Senora Arepa Restaurant  
117 St. Matthews Avenue  
Owner:  
Louisville Timber & Wooden Products Co.  
Forza Architecture, Inc. - Stephen Tracy  
City of St. Matthews  
9 - Bill Hollander  
Joel Dock, AICP, Planning Coordinator  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
A motion was made by Member Bond, seconded by Member Vozos, to approve  
the requested Conditional Use Permit for outdoor alcohol sales in a C-1,  
commercial zoning district (Article 15, Sec. 42 – City of St. Matthews). The  
motion carried by the following vote:  
4 - Vozos, Bond, Horton, and Howard  
3 - Ford, Leanhart, and Buttorff  
Yes:  
Absent:  
22-CUP-0333  
9.  
Request:  
Project Name:  
Location:  
Conditional Use Permit for child care and front setback variance  
Poplar Montessori  
4624 Poplar Level Road  
Owner/Applicant:  
Jurisdiction:  
Poplar Montessori - Pilar Cruz  
Louisville Metro  
Council District:  
Case Manager:  
21 - Nicole George  
Joel Dock, AICP, Planning Coordinator  
A motion was made by Member Bond, seconded by Member Vozos, to approve  
the requested Conditional Use Permit for Child Care Center (LDC 4.2.19) with  
relief from item A.3 to allow off-street parking in front of the residence. The  
motion carried by the following vote:  
4 - Vozos, Bond, Horton, and Howard  
3 - Ford, Leanhart, and Buttorff  
Yes:  
Absent:  
A motion was made by Member Bond, seconded by Member Vozos, to approve  
the requested Variance from Land Development Code (LDC), Section 5.3.1.C to  
encroach upon the required front yard: The motion carried by the following  
vote:  
4 - Vozos, Bond, Horton, and Howard  
3 - Ford, Leanhart, and Buttorff  
Yes:  
Absent:  
22-CUP-0347  
10.  
Request:  
Project Name:  
Location:  
Conditional Use Permit for hospital with waivers and a variance  
Norton Hospital  
2820 W Broadway  
Owner/Applicant:  
Jurisdiction:  
Norton Hospitals Inc.  
Louisville Metro  
Council District:  
Case Manager:  
4- Jecorey Arthur  
Julia Williams, AICP, Planning Supervisor  
A motion was made by Member Bond, seconded by Member Vozos, to approve  
the requested Conditional Use Permit for a Hospital with the Conditions of  
Approval as discussed at today's meeting. The motion carried by the following  
vote:  
4 - Vozos, Bond, Horton, and Howard  
3 - Ford, Leanhart, and Buttorff  
Yes:  
Absent:  
A motion was made by Member Vozos, seconded by Member Horton, to  
approve the requested Variance from Chapter 5.5.1.A.2 to permit the building  
to exceed the maximum 5’ setback along 28th Street (approximately 132.36’  
and 169.7’) and Garland (approximately 238’ and 249.20’)- 22-VARIANCE-0153.  
The motion carried by the following vote:  
4 - Vozos, Bond, Horton, and Howard  
3 - Ford, Leanhart, and Buttorff  
Yes:  
Absent:  
A motion was made by Member Bond, seconded by Member Vozos, to approve  
the requested Waivers, as follows:  
Waiver #1 - Waiver from Chapter 5.6.1.A.1 to not provide animating features  
along no less than 50% of the length of the façade (22-WAIVER-0205)  
Waiver #2 - Waiver from Chapter 10.2.10 to reduce the required 10’ VUA LBA to  
approximately 7.5’ along 28th Street and to between 10’ and 4’ along Garland  
Avenue, as shown on the development plan (22-WAIVER-0206)  
Waiver #3 - Waiver from Chapter 5.5.1.A.3.a to permit parking in front of the  
primary structure along both 28th Street and Garland Ave (22-WAIVER-0207)  
The motion carried by the following vote:  
4 - Vozos, Bond, Horton, and Howard  
Yes:  
3 - Ford, Leanhart, and Buttorff  
Absent:  
A motion was made by Member Vozos, seconded by Member Bond, to approve  
the requested Category 3 Development Plan. The motion carried by the  
following vote:  
4 - Vozos, Bond, Horton, and Howard  
3 - Ford, Leanhart, and Buttorff  
Yes:  
Absent:  
22-APPEAL-0012  
11.  
Request:  
Appeal of an administrative decision to deny a retail license for a  
Smoking Retail Store for non-compliance with the zoning  
requirements in the Land Development Code (LDC).  
Bardstown Road Appeal  
Project Name:  
Location:  
3333 Bardstown Road  
Owner:  
Nigam Retail Complex, LLC  
Appellant:  
Nigam Retail Complex, LLC  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
Shunnarah Law Firm  
Louisville Metro  
26 - Brent Ackerson  
Chris French, Planning & Design Supervisor  
A motion was made by Member Vozos, seconded by Member Bond, that the  
case be CONTINUED to the January 9, 2023 Board of Zoning Adjustment  
meeting. The motion carried by the following vote:  
4 - Vozos, Bond, Horton, and Howard  
3 - Ford, Leanhart, and Buttorff  
Yes:  
Absent:  
Adjournment  
The meting adjourned at approximately 5:09 p.m.