Old Jail Auditorium  
514 W. Liberty Street  
Louisville, KY 40202  
Louisville Metro Government  
Action Summary - Final  
Board of Zoning Adjustment  
Monday, April 24, 2023  
1:00 PM  
Old Jail Courtroom  
Call To Order  
4 -  
3 -  
Present:  
Board Member Sharon Bond, Jan Horton, Board Member Yani Vozos, and Board  
Member Richard Buttorff  
Absent:  
Board Member Brandt Ford, Board Member Kim Leanhart, and Board Member Lula  
Howard  
Approval Of Minutes  
BOZA_Minutes_04.10.23  
1.  
Approval of the minutes of the April 10, 2023 Board of Zoning Adjustment meeting.  
A motion was made by Member Vozos, seconded by Member Horton, that the  
minutes of the April 10, 2023 regular meeting of the Board of Zoning  
Adjustment be approved. The motion carried by the following vote:  
3 - Bond, Horton, and Vozos  
3 - Ford, Leanhart, and Howard  
1 - Buttorff  
Yes:  
Absent:  
Abstain:  
Business Session  
23-VARIANCE-0057  
Request:  
2.  
Variance to allow a principal structure to encroach into the side yard  
setback.  
Project Name:  
Location:  
3rd Street Variance  
2909 S. 3rd Street  
Owner:  
Applicant:  
Jurisdiction:  
Council District:  
Case Manager:  
Mary Campbell and Christopher Fitzgerald  
Kyle Onan, Creek Alley Contracting, LLC  
Louisville Metro  
15- Jennifer Chappell  
Amy Brooks, Planner I  
A motion was made by Member Vozos, seconded by Member Buttorff, that the  
case be approved. The motion carried by the following vote:  
4 - Bond, Horton, Vozos, and Buttorff  
3 - Ford, Leanhart, and Howard  
Yes:  
Absent:  
22-MCUP-0005  
3.  
Request:  
Project Name:  
Location:  
Modified Conditional Use Permit for a Landfill  
Waste Management Addition  
2673 Outer Loop  
Owner/Applicant:  
Representative:  
Jurisdiction:  
Waste Management of Kentucky, LLC  
Stite & Harbison, PLLC.  
Louisville Metro  
Council District:  
Case Manager:  
13 - Dan Seum, Jr.  
Molly Clark, Planner II  
A motion was made by Member Buttorff, seconded by member Horton, that the  
case be approved. The motion carried by the following vote:  
4 - Bond, Horton, Vozos, and Buttorff  
3 - Ford, Leanhart, and Howard  
Yes:  
Absent:  
Public Hearing  
23-VARIANCE-0022  
4.  
Request:  
TO BE CONTINUED TO A DATE UNCERTAIN - Variance from  
LDC Section 5.3.1 to allow a 10’ encroachment into the required 25’  
rear yard setback  
Project Name:  
Location:  
Shean Court Variance  
6024 Shean Ct  
Owner:  
Shean Court, LLC  
Applicant:  
Shean Court, LLC  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
Chris Crumpton, Bluestone Engineering  
Louisville Metro  
22 - Robin Engel  
John Michael Lawler, Planner I  
A motion was made by Member Buttorff, seconded by Member Vozos, that the  
case be continued to a date uncertain. The motion carried by the following  
vote:  
4 - Bond, Horton, Vozos, and Buttorff  
3 - Ford, Leanhart, and Howard  
Yes:  
Absent:  
22-VARIANCE-0119  
Request:  
5.  
TO BE CONTINUED TO A DATE CERTAIN - Variance to allow  
a private yard area to be less than the required 20% of the area of  
the lot; Variances to allow a primary structure to exceed the  
maximum front yard setback and the maximum building height  
Rear Mulberry Street Variances  
Project Name:  
Location:  
917 R. Mulberry Street  
Owner:  
MBS Remodeling LLC  
Applicant:  
Jamie Barnes  
Jurisdiction:  
Council District:  
Case Manager:  
Louisville Metro  
15- Jennifer Chappell  
Amy Brooks, Planner I  
A motion was made by Member Vozos, seconded by Member Horton, that the  
case be continued to the May 15, 2023 BOZA meeting. The motion carried by  
the following vote:  
4 - Bond, Horton, Vozos, and Buttorff  
3 - Ford, Leanhart, and Howard  
Yes:  
Absent:  
23-VARIANCE-0029  
6.  
Request:  
A variance to allow structures and parking to encroach into the  
required side yard setback.  
Project Name:  
Location:  
New Life Directions Ministries Dixie Apartments Variance  
10615 Dixie Highway  
Owner/Applicant:  
Representative:  
Jurisdiction:  
New Life Directions Ministries  
Kelli Jones, Sabak, Wilson, and Lingo, Inc.  
Louisville Metro  
Council District:  
Case Manager:  
25- Khalil Batshon  
Amy Brooks, Planner I  
A motion was made by Member Vozos, seconded by Member Buttorff, that the  
requested Variance from the Land Development Code section 5.3.2.C.2.b to  
allow a principal structure and parking to encroach into the required side yard  
setback, AND the requested Variance from the Land Development Code  
section 5.5.5.to allow an accessory structure to encroach into the required side  
yard setback, be approved. The motion carried by the following vote:  
4 - Bond, Horton, Vozos, and Buttorff  
3 - Ford, Leanhart, and Howard  
Yes:  
Absent:  
23-VARIANCE-0037  
7.  
Request:  
Project Name:  
Location:  
Variance to not build to the corner in the Town Center Form District  
Proposed Thornton’s Gas Station  
4900 Brownsboro Road  
Owner:  
Applicant:  
4900 Brownsboro Road, LLC  
Thorntons, LLC  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
Dinsmore & Shohl, LLP  
Louisville Metro  
7 - Paula McCraney  
Molly Clark, Planner II  
A motion was made by Member Buttorff, seconded by Member Vozos, that the  
case be approved. The motion carried by the following vote:  
4 - Bond, Horton, Vozos, and Buttorff  
3 - Ford, Leanhart, and Howard  
Yes:  
Absent:  
23-CUP-0010  
8.  
Request:  
Project Name:  
Location:  
Conditional Use Permit for Private Proprietary Club and Variances  
Trinity High School Tennis Courts  
150 Sears Avenue  
Owner:  
Applicant:  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
Trinity High School Foundation  
Trinity High School Foundation  
Land Design & Development  
City of St. Matthews  
9 - Andrew Owen  
Dante St. Germain, AICP, Planner II  
A motion was made by Member Vozos, seconded by Member Buttorff, that the  
requested Variance from Article 9, Section 9.1.B.1.a to permit a fence to  
exceed 4’ in height in the front yard setback (requested: 6’, required: 4’,  
variance of 2’) (23-VARIANCE-0006); AND the requested Variance from Article 9,  
Section 9.1.B.1.a to permit a fence to exceed 4’ in height in the street side  
yard setback (requested: 10’, required: 4’, variance of 6’) (23-VARIANCE-0007),  
be approved. The motion carried by the following vote:  
4 - Bond, Horton, Vozos, and Buttorff  
3 - Ford, Leanhart, and Howard  
Yes:  
Absent:  
A motion was made by Member Vozos, seconded by Member Buttorff, that the  
requested Conditional Use Permit be approved. The motion carried by the  
following vote:  
4 - Bond, Horton, Vozos, and Buttorff  
3 - Ford, Leanhart, and Howard  
Yes:  
Absent:  
23-CUP-0007  
Request:  
9.  
Conditional Use Permit for Short Term Rental of a Dwelling Unit That  
is Not the Primary Residence of the Host  
Rodman Street Short Term Rental  
3005 Rodman Street  
Project Name:  
Location:  
Owner/Applicant:  
Representative:  
Jurisdiction:  
Magnolia & Pine, LLC  
Shelby & Evan Lamb  
Louisville Metro  
Council District:  
Case Manager:  
3 - Kumar Rashad  
Heather Pollock, Planner I  
A motion was made by Member Horton, seconded by Member Vozos, that the  
case be approved. The motion carried by the following vote:  
3 - Bond, Horton, and Vozos  
1 - Buttorff  
Yes:  
No:  
3 - Ford, Leanhart, and Howard  
Absent:  
23-CUP-0012  
10.  
Request:  
Conditional Use Permit for Short Term Rental of a Dwelling Unit That  
is Not the Primary Residence of the Host  
Parkland Court Short Term Rental  
12004 Parkland Court  
Project Name:  
Location:  
Owner/Applicant:  
Representative:  
Jurisdiction:  
Greg & Stephanie Virgin  
Michael Marks, Wetterer & Clare  
City of Middletown  
Council District:  
Case Manager:  
19 - Anthony Piagentini  
Heather Pollock, Planner I  
A motion was made by Member Vozos, seconded by Member Buttorff, that the  
case be denied. The motion carried by the following vote:  
3 - Horton, Vozos, and Buttorff  
1 - Bond  
Yes:  
No:  
3 - Ford, Leanhart, and Howard  
Absent:  
23-CUP-0017  
Request:  
11.  
Conditional Use Permit for Short Term Rental of a Dwelling Unit That  
is Not the Primary Residence of the Host  
Wallace Avenue Short Term Rental  
2403 Wallace Avenue  
Project Name:  
Location:  
Owner/Applicant:  
Jurisdiction:  
Brandon & Jennifer Tolman  
Louisville Metro  
Council District:  
Case Manager:  
8 - Ben Reno-Weber  
Heather Pollock, Planner I  
A motion was made by Member Buttorff, seconded by Member Vozos, that the  
case be approved. The motion carried by the following vote:  
3 - Bond, Vozos, and Buttorff  
1 - Horton  
Yes:  
No:  
3 - Ford, Leanhart, and Howard  
Absent:  
23-CUP-0020  
12.  
Request:  
Conditional Use Permit for Short Term Rental of a Dwelling Unit That  
is Not the Primary Residence of the Host  
Somber Way Short Term Rental  
3006 Somber Way  
Project Name:  
Location:  
Owner/Applicant:  
Jurisdiction:  
Ashley & Michael Kimble  
Louisville Metro  
Council District:  
Case Manager:  
26 - Brent Ackerson  
Heather Pollock, Planner I  
A motion was made by Member Vozos, seconded by Member Horton, that the  
case be approved. The motion carried by the following vote:  
4 - Bond, Horton, Vozos, and Buttorff  
3 - Ford, Leanhart, and Howard  
Yes:  
Absent:  
23-CUP-0024  
13.  
Request:  
Conditional Use Permit for Short Term Rental of a Dwelling Unit That  
is Not the Primary Residence of the Host  
Marwood Place Short Term Rental  
3921 Marwood Place  
Project Name:  
Location:  
Owner/Applicant:  
Representative:  
Jurisdiction:  
B&B Properties LOU, LLC  
Donna Baugh  
Louisville Metro  
Council District:  
Case Manager:  
10 - Pat Mulvihill  
Molly Clark, Planner II  
A motion was made by Member Horton, seconded by Member Buttorff, that the  
case be approved. The motion carried by the following vote:  
3 - Horton, Vozos, and Buttorff  
1 - Bond  
Yes:  
No:  
3 - Ford, Leanhart, and Howard  
Absent:  
23-CUP-0093  
14.  
Request:  
Conditional Use Permit for Short Term Rental of a Dwelling Unit That  
is Not the Primary Residence of the Host  
Deer Park Avenue Short Term Rental  
1610 Deer Park Avenue  
Jack and Donna Heil  
Jack and Donna Heil  
Louisville Metro  
Project Name:  
Location:  
Owner/Applicant:  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
8 - Benjamin Reno-Weber  
Amy Brooks, Planner I  
A motion was made by Member Buttorff, seconded by Member Vozos, that the  
case be approved. The motion carried by the following vote:  
4 - Bond, Horton, Vozos, and Buttorff  
3 - Ford, Leanhart, and Howard  
Yes:  
Absent:  
22-APPEAL-0014  
15.  
Request:  
CONTINUED FROM 03/20/23 - Appeal of an administrative  
decision regarding nonconforming rights.  
Atterberry Court Appeal  
Project Name:  
Location:  
4607 Atterberry Court  
Owner:  
Appellant:  
Prospect Construction, LLC  
Tom Sanders  
Jurisdiction:  
Council District:  
Case Manager:  
City of Shively  
3 - Vacant  
Chris French, AICP, Planning Supervisor  
A motion was made by Member Buttorff, seconded by Member Horton, that the  
case be continued to the May 15, 2023 BOZA meeting. The motion carried by  
the following vote:  
4 - Bond, Horton, Vozos, and Buttorff  
3 - Ford, Leanhart, and Howard  
Yes:  
Absent:  
LIC-STL-22-00311  
16.  
Request:  
Project Name:  
Location:  
Short Term Rental Host Residency Hearing  
Host Ty Walston  
2509 Top Hill Rd  
Owner:  
Applicant:  
2509 TH Land Trust  
n/a  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
Ty Walston  
Louisville Metro  
9 - Andrew Owen  
Joseph Haberman, Planning & Design Manager  
A motion was made by Member Buttorff, seconded by Member Vozos, that the  
Board does hereby accept staff's determination in the staff report. The motion  
carried by the following vote:  
4 - Bond, Horton, Vozos, and Buttorff  
3 - Ford, Leanhart, and Howard  
Yes:  
Absent:  
A motion was made by Member Vozos, seconded by Member Buttorff, that a  
residency hearing shall be held for Wayne Gallavin at the May 15, 2023 BOZA  
meeting. The motion carried by the following vote:  
4 - Bond, Horton, Vozos, and Buttorff  
3 - Ford, Leanhart, and Howard  
Yes:  
Absent:  
LIC-STA-23-00498  
17.  
Request:  
Project Name:  
Location:  
Short Term Rental Host Residency Hearing  
Host William Thomas Nutt  
1505 E Breckinridge St  
Owner:  
Applicant:  
1505 East Breckenridge Street Land Trust  
n/a  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
William Thomas Nutt  
Louisville Metro  
8 - Ben Reno-Weber  
Joseph Haberman, Planning & Design Manager  
A motion was made by Member Buttorff, seconded by Member Horton, that the  
case be continued to the May 1, 2023 BOZA meeting. The motion carried by  
the following vote:  
Adjournment  
The meeting adjourned at 7:45 p.m.