Board of Zoning Adjustment

Two Non-Owner-Occupied Short-Term Rentals Approved Without Opposition

Board unanimously approves two short-term rental permits for non-owner-occupied dwellings, both with no existing STR within 600 feet.

Eastland Church of Christ Expansion With 275 Parking Spaces Approved Unanimously

Board approves a 14,663 square foot church addition on Bardstown Road with 275 new parking spaces and setback variances driven by pre-existing site conditions.

Why it matters: The church, operating since 1995 without upgrades, nearly doubles its building footprint and significantly increases impervious surface, requiring stormwater management coordination.

Four-Story Marriott Hotel Unanimously Approved for NuLu's East Jefferson Street

Board approves a 68,800 square foot Marriott hotel with a preserved historic retail building at 901 East Jefferson Street in the NuLu district.

Why it matters: The project redevelops an underused former feed store site blocks from NuLu Marketplace, adding tourism infrastructure and preserving a historic building facade.

Montessori School Wins Contentious 4-2 Lighting Variance Over HOA Objections

Board narrowly approves 30-foot light poles at a Montessori school after finding the applicant relied on erroneous city website information, adding conditions on hours and shielding.

Why it matters: The decision sets precedent for commercial lighting standards along the developing Old Henry Road corridor, where additional businesses plan similar installations.

Board Splits on 7801 Delightful Way: Denies Event Space, Approves Adult Care Center

After a deadlocked prior vote, the board denies a private event space as incompatible with the residential area while approving an adult care center at the same address.

Why it matters: The split decision signals the board's willingness to allow certain institutional uses in residential zones while drawing a line at entertainment-oriented uses.

Story Avenue Short-Term Rental Registration Waiver Denial

The board debated whether to waive a 12-month penalty period for 1604 Story Avenue LLC, which operated five STR units in C2 commercial zoning without registration since 2020. Attorney Cliff Ashburner argued the violation was purely paperwork-related with no nuisance complaints, the property generated ~$14,000 in transient room tax, and the penalty was disproportionate. Staff noted the property was commercially zoned where hotels are allowed by right. However, Member Lewis led opposition arguing five years of non-compliance was inexcusable for a business operator. The board denied the waiver 4-2, meaning the five units cannot register until January 5, 2027.

Wild Horse Saloon Non-Conforming Use Change

The board unanimously approved changing the non-conforming use of the Wild Horse Saloon on 7th Street Road from adult entertainment to a bar/tavern. Staff found the bar/tavern use to be less odious than adult entertainment, noting adult entertainment is now only allowed in M3 industrial zoning with 500-foot residential setbacks that this C1-zoned property does not meet. Owner Joseph White has operated the establishment since 1993, with use dating back to the 1960s-70s. The ABC license expired in February 2025, and the owner applied for a new bar/tavern ABC license that was flagged by planning as requiring BOZA action.

Amvets Post 61 Storage Building

Amvets Post 61 on Smyrna Parkway received unanimous approval for a modified CUP to construct a 2,920 sq ft accessory building for storage of donated equipment including wheelchairs for disabled veterans. Relief from CUP standard Item C (requiring dense evergreen screening between adjacent properties) was granted because the adjacent property is commercial, making the screening requirement impractical and unnecessary. The post has been operating since 2001 and also hosts annual car shows, cornhole, and horseshoe activities.