Board of Zoning Adjustment
Regular MeetingLouisville, KY · April 20, 2020
Minutes
Online Via Webex
Louisville Metro Government
Action Summary
Board of Zoning Adjustment
Monday, April 20, 2020 1:00 PM Online Via Webex
Meeting run via Cisco Webex Video Teleconferencing
On the recommendation of the Louisville Metro Department of Public Health & Wellness
regarding congregate events and social distancing, and as permitted by Commonwealth of
Kentucky Senate Bill 150, the regularly scheduled April 20, 2020 Board of Zoning Adjustment
meeting was held online.
Call To Order
Present: 5- Board Member Richard Buttorff, Board Member LiAndrea Goatley, Board Member
Lindsey Jagoe, Board Member Michael Seale, and Board Member Lula Howard
Absent: 2- Board Member Lester Turner Jr., and Board Member Kim Leanhart
Approval Of Minutes
1. 040620_BOZA_Minutes
Approval of the Minutes from the April 6, 2020 Board of Zoning Adjustment meeting
A motion was made by Board Member Goatley, seconded by Board Member
Seale, that the Minutes from the April 6, 2020 Board of Zoning Adjustment
online meeting be APPROVED. The motion carried by the following vote:
Yes: 4- Goatley, Jagoe, Seale, and Howard
Absent: 2- Turner, and Leanhart
Abstain: 1- Buttorff
Business Session
Louisville Metro Government Page 1
Board of Zoning Adjustment Action Summary April 20, 2020
2. 20-MCUP-0002
Request: Modified Conditional Use Permit
Project Name: Stor All Cane Run Road - Building 9
Location: 4100 Cane Run Road
Owner: James S. Womack, Stor All Cane Run Road SPE, LLC
Applicant: James S. Womack
Jurisdiction: Louisville Metro
Council District: 1 - Jessica Green
Case Manager: Lacey Gabbard, AICP, Planner I
NOTE: Board Member Leanhart joined the meeting after the Approval of
Minutes.
A motion was made by Board Member Seale, seconded by Board Member
Goatley, that Case Number 20-MCUP-0002, Modified Conditional Use Permit, be
APPROVED. The motion carried by the following vote:
Yes: 6- Buttorff, Goatley, Jagoe, Seale, Leanhart, and Howard
Absent: 1- Turner
3. 20-MCUP-0003
Request: Modified Conditional Use Permit for observation and surgery waiting
areas
Project Name: Baptist Health Louisville
Location: 4000 Kresge Way
Owner/Applicant: Baptist Healthcare System, Inc.
Jurisdiction: St. Matthews
Council District: 26 - Brent Ackerson
Case Manager: Jon E. Crumbie, Planning & Design Coordinator
A motion was made by Board Member Goatley, seconded by Board Member
Seale, that Case Number 20-MCUP-0003, Modified Conditional Use Permit for
observation and surgery waiting areas, be APPROVED, SUBJECT to two
Conditions of Approval. The motion carried by the following vote:
Yes: 6- Buttorff, Goatley, Jagoe, Seale, Leanhart, and Howard
Absent: 1- Turner
Public Hearing
Louisville Metro Government Page 2
Board of Zoning Adjustment Action Summary April 20, 2020
4. 20-VARIANCE-0020
Request: Variance to allow a principle structure to encroach into the side yard
setback
Project Name: Rosewood Variance
Location: 1623 Rosewood Avenue
Owner(s): Douglas Meisel & Jessica Kingsley
Applicant: Charlie Williams
Jurisdiction: Louisville Metro
Council District: 8 - Brandon Coan
Case Manager: Nia Holt, Planner I
A motion was made by Board Member Leanhart, seconded by Board Member
Goatley, that Case Number 20-VARIANCE-0020, Variance to allow a principle
structure to encroach into the side yard setback, be APROVED. The motion
carried by the following vote:
Yes: 6- Buttorff, Goatley, Jagoe, Seale, Leanhart, and Howard
Absent: 1- Turner
5. 20-VARIANCE-0012
Request: Sign variance and landscape buffer waivers
Project Name: Southwest Town Center Outlot
Location: 9050 Dixie Highway
Owner: William Wagner, Blanding Partners, LLC
Applicant: William Wagner, Blanding Partners, LLC
Jurisdiction: Louisville Metro
Council District: 14 - Cindi Fowler
Case Manager: Lacey Gabbard, AICP, Planner I
A motion was made by Board Member Leanhart, seconded by Board Member
Goatley, that Case Number 20-VARIANCE-0012 (20-WAIVER-0001), Waiver from
Land Development Code Section 10.2 to allow parking to encroach into the
VUA buffer, and Waiver from Land Development Code Section 10.2.4.B.3 to
allow the landscape buffer on Dixie Highway to overlap an easement by more
than 50%, be APPROVED. The motion carried by the following vote:
Yes: 6- Buttorff, Goatley, Jagoe, Seale, Leanhart, and Howard
Absent: 1- Turner
A motion was made by Board Member Leanhart, seconded by Board Member
Goatley, that Case Number 20-VARIANCE-0012, Variance from Land
Development Code Table 8.3.2 to allow a proposed sign to exceed the
maximum height and area, be APPROVED. The motion carried by the
following vote:
Yes: 6- Buttorff, Goatley, Jagoe, Seale, Leanhart, and Howard
Absent: 1- Turner
Louisville Metro Government Page 3
Board of Zoning Adjustment Action Summary April 20, 2020
6. 20-VARIANCE-0007
Request: Variance to allow an existing structure to encroach into a proposed
side yard setback. The applicant has submitted a minor plat to shift a
side property line that will create a nonconforming side yard setback
for the existing principal structure
Project Name: Warren Road Variance
Location: 48 Warren Road
Owner: Katrina Graves
Applicant: Richard Matheny - Cardinal Surveying
Jurisdiction: Louisville Metro
Council District: 9 - Bill Hollander
Case Manager: Zach Schwager, Planner I
A motion was made by Board Member Leanhart, seconded by Board Member
Seale, that Case Number 20-VARIANCE-0007, Variance from Land Development
Code Table 5.3.1 to allow a structure to encroach into the required side yard
setback, be APPROVED, SUBJECT to one Condition of Approval. The motion
carried by the following vote:
Yes: 6- Buttorff, Goatley, Jagoe, Seale, Leanhart, and Howard
Absent: 1- Turner
7. 20-VARIANCE-0015
Request: Variance to allow an addition and an accessory structure to
encroach into the infill front yard setback and waivers to allow an
accessory structure to not be set back 20 ft. from the front of the
principal structure and to allow parking in the public realm
Project Name: Ransdell Avenue Variance and Waivers
Location: 2530 Ransdell Avenue
Owner: 2019 Ransdell Avenue Trust
Applicant: Lindsey Stoughton - LMS Design
Jurisdiction: Louisville Metro
Council District: 8 - Brandon Coan
Case Manager: Zach Schwager, Planner I
A motion was made by Board Member Goatley, seconded by Board Member
Leanhart, that Case Number 20-VARIANCE-0015, Variance from Land
Development Code Section 5.1.12.a to allow a principle structure addition and
an accessory structure to encroach into the required infill front yard setback,
be APPROVED. The motion carried by the following vote:
Yes: 6- Buttorff, Goatley, Jagoe, Seale, Leanhart, and Howard
Absent: 1- Turner
Louisville Metro Government Page 4
Board of Zoning Adjustment Action Summary April 20, 2020
A motion was made by Board Member Goatley, seconded by Board Member
Seale, that Case Number 20-VARIANCE-0015 (20-WAIVER-0018), Waiver from
Land Development Code Section 5.4.1.C.4 to allow a detached garage to not
be setback 20 ft. from the front facade of the principle structure, and
(20-WAIVER-0019) Waiver from Land Development Code Section 5.4.1.B.1.e to
allow parking in the public realm that does not lead to a garage or rear yard
parking area, be APPROVED. The motion carried by the following vote:
Yes: 6- Buttorff, Goatley, Jagoe, Seale, Leanhart, and Howard
Absent: 1- Turner
8. 20-VARIANCE-0021
Request: Variance to allow a structure to encroach into the infill front yard
setback
Project Name: Cane Run Road Variance
Location: 4231 Cane Run Road
Owner: JMAN LLC
Applicant: Derek Triplett - Land Design and Development, Inc.
Jurisdiction: Louisville Metro
Council District: 1 - Jessica Green
Case Manager: Zach Schwager, Planner I
A motion was made by Board Member Leanhart, seconded by Board Member
Goatley, that Case Number 20-VARIANCE-0021, Variance from Land
Development Code Section 5.1.12.B.2.a and 5.5.5.A.1 to allow a principle
structure to exceed the maximum infill front yard setback and an accessory
structure to encroach into the required infill front yard setback, be APPROVED.
The motion carried by the following vote:
Yes: 6- Buttorff, Goatley, Jagoe, Seale, Leanhart, and Howard
Absent: 1- Turner
Adjournment
Louisville Metro Government Page 5
Agenda
Online Via Webex
Louisville Metro Government
Agenda
Board of Zoning Adjustment
Monday, April 20, 2020 1:00 PM Online Via Webex
Meeting run via Cisco Webex Video Teleconferencing
On the recommendation of the Louisville Metro Department of Public Health & Wellness
regarding congregate events and social distancing, the regularly scheduled Board of Zoning
Adjustment meeting set for 1:00 p.m. on April 20, 2020, is being held online. You will need to join
the meeting using a computer, laptop or mobile device with the link below:
Meeting Link: https://louisvilleky.webex.com/louisvilleky/j.php?
MTID=m42ed2b67baab07f2ad6f689721511153
Meeting number (access code if needed): 479 296 070
Meeting password (if needed): BOZA04202020
Join by phone Call in from a mobile device (attendees only) +1-415-655-0001 US Toll
Anyone wishing to speak in support, opposition, or as other for any case are encouraged to
pre-register by completing the Public Hearing Speakers Request form available at the following
link:
https://louisvilleky.gov/planning-design/forms/louisville-metro-planning-design-services-public-hea
ring-speakers-request
Pre-registered speakers will be allowed to speak prior to any unregistered speakers during the
hearing. If you wish to submit comments for any of the agenda items please submit them in
writing to the listed case manager by 5:00 P.M. Friday, April 17, 2020.
Participants and residents are strongly encouraged to join the meeting virtually. However, to
accommodate those with limited technology access, people can also view and participate in the
meeting in the first-floor conference room of the Metro Development Center, 444 S. Fifth St.,
Louisville, KY 40202. If social distancing cannot be adequately maintained because of the
number of people who want to speak on a specific case, that case will be continued.
We are making every effort to contact members of the community and applicants to inform them
of this decision. However, if you know of persons planning to attend to address a particular
agenda item, please help us spread the word. If you have questions, please contact the case
manager, or call Develop Louisville at 502-574-6230.
Louisville Metro Government Page 1 Printed on 4/15/2020
Board of Zoning Adjustment Agenda April 20, 2020
Call To Order
Approval Of Minutes
1. 040620_BOZA_Minutes
Business Session
2. 20-MCUP-0002
Request: Modified Conditional Use Permit
Project Name: Stor All Cane Run Road - Building 9
Location: 4100 Cane Run Road
Owner: James S. Womack, Stor All Cane Run Road SPE, LLC
Applicant: James S. Womack
Jurisdiction: Louisville Metro
Council District: 1 - Jessica Green
Case Manager: Lacey Gabbard, AICP, Planner I
3. 20-MCUP-0003
Request: Modified Conditional Use Permit for observation and surgery
waiting areas
Project Name: Baptist Health Louisville
Location: 4000 Kresge Way
Owner/Applicant: Baptist Healthcare System, Inc.
Jurisdiction: St. Matthews
Council District: 26 - Brent Ackerson
Case Manager: Jon E. Crumbie, Planning & Design Coordinator
Public Hearing
4. 20-VARIANCE-0020
Request: Variance to allow a principle structure to encroach into the
side yard setback
Project Name: Rosewood Variance
Location: 1623 Rosewood Avenue
Owner(s): Douglas Meisel & Jessica Kingsley
Applicant: Charlie Williams
Jurisdiction: Louisville Metro
Council District: 8 - Brandon Coan
Case Manager: Nia Holt, Planner I
Louisville Metro Government Page 2 Printed on 4/15/2020
Board of Zoning Adjustment Agenda April 20, 2020
5. 20-VARIANCE-0012
Request: Sign variance and landscape buffer waivers
Project Name: Southwest Town Center Outlot
Location: 9050 Dixie Highway
Owner: William Wagner, Blanding Partners, LLC
Applicant: William Wagner, Blanding Partners, LLC
Jurisdiction: Louisville Metro
Council District: 14 - Cindi Fowler
Case Manager: Lacey Gabbard, AICP, Planner I
6. 20-VARIANCE-0007
Request: Variance to allow an existing structure to encroach into a
proposed side yard setback. The applicant has submitted a
minor plat to shift a side property line that will create a
nonconforming side yard setback for the existing principal
structure
Project Name: Warren Road Variance
Location: 48 Warren Road
Owner: Katrina Graves
Applicant: Richard Matheny - Cardinal Surveying
Jurisdiction: Louisville Metro
Council District: 9 - Bill Hollander
Case Manager: Zach Schwager, Planner I
7. 20-VARIANCE-0015
Request: Variance to allow an addition and an accessory structure to
encroach into the infill front yard setback and waivers to allow
an accessory structure to not be set back 20 ft. from the front
of the principal structure and to allow parking in the public
realm
Project Name: Ransdell Avenue Variance and Waivers
Location: 2530 Ransdell Avenue
Owner: 2019 Ransdell Avenue Trust
Applicant: Lindsey Stoughton - LMS Design
Jurisdiction: Louisville Metro
Council District: 8 - Brandon Coan
Case Manager: Zach Schwager, Planner I
Louisville Metro Government Page 3 Printed on 4/15/2020
Board of Zoning Adjustment Agenda April 20, 2020
8. 20-VARIANCE-0021
Request: Variance to allow a structure to encroach into the infill front
yard setback
Project Name: Cane Run Road Variance
Location: 4231 Cane Run Road
Owner: JMAN LLC
Applicant: Derek Triplett - Land Design and Development, Inc.
Jurisdiction: Louisville Metro
Council District: 1 - Jessica Green
Case Manager: Zach Schwager, Planner I
Adjournment
Louisville Metro Government Page 4 Printed on 4/15/2020