Old Jail Auditorium  
514 W. Liberty Street  
Louisville, KY 40202  
Louisville Metro Government  
Action Summary - Final  
Board of Zoning Adjustment  
Monday, June 5, 2023  
1:00 PM  
Old Jail Courtroom  
Call To Order  
6 -  
Present:  
Board Member Brandt Ford, Jan Horton, Board Member Kim Leanhart, Board  
Member Lula Howard, Board Member Yani Vozos, and Board Member Richard  
Buttorff  
1 - Board Member Sharon Bond  
Absent:  
Approval Of Minutes  
BOZA_Minutes_05.15.23  
1.  
Approval of the minutes of the May 15, 2023 Board of Zoning Adjustment meeting.  
A motion was made by Member Ford, seconded by Member Horton, that the  
minutes of the May 15, 2023 regular meeting of the Board of Zoning Adjustment  
be approved. The motion carried by the following vote:  
4 - Ford, Horton, Leanhart, and Buttorff  
1 - Bond  
Yes:  
Absent:  
Abstain:  
2 - Howard, and Vozos  
Public Hearing  
22-VARIANCE-0090  
2.  
Request:  
Variance for a fence to exceed the maximum height of 4’ in the street  
side yards and be 6’ in height  
7708 Whitfield Drive  
7708 Whitfield Drive  
Lianet Reinoso  
Project Name:  
Location:  
Owner:  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
Lianet Reinoso  
Louisville Metro  
26 - Brent Ackerson  
Joel Dock, AICP, Planning Coordinator  
A motion was made by Member Leanhart, seconded by Member Howard, that  
the case be continued to the July 10, 2023 BOZA meeting. The motion carried  
by the following vote:  
6 - Ford, Horton, Leanhart, Howard, Vozos, and Buttorff  
1 - Bond  
Yes:  
Absent:  
22-VARIANCE-0163  
3.  
Request:  
Project Name:  
Location:  
Variances to encroach into front and street-side yards  
Heartland Dental  
100 Marshall Dr  
Owner:  
Applicant:  
TT of B Louisville, Inc.  
Heartland Dental  
Jurisdiction:  
Council District:  
Case Manager:  
Louisville Metro  
9 - Andrew Owen  
Jay Luckett, AICP, Planner II  
A motion was made by Member Howard, seconded by Member Leanhart, that  
the requested Variance from Land Development Code section 5.3.1 and Table  
5.3.2 to permit the structure to encroach into the 10-foot front yard setback  
along Shelbyville Rd as shown on the development plan, AND the requested  
Variance from Land Development Code section 5.1.12.B to permit parking and  
drive lanes to encroach into the infill street side yard setback along Marshall  
Dr as shown on the development plan, be approved. The motion carried by  
the following vote:  
6 - Ford, Horton, Leanhart, Howard, Vozos, and Buttorff  
1 - Bond  
Yes:  
Absent:  
22-VARIANCE-0170  
4.  
Request:  
Variances to allow a structure to encroach into the front yard  
setback.  
Project Name:  
Location:  
Blue Wing Drive Carport  
7502 Blue Wing Drive  
Owner:  
Applicant:  
Kimberly & Steven Brock  
Kimberly Brock  
Jurisdiction:  
Council District:  
Case Manager:  
Louisville Metro  
12 - Rick Blackwell  
Heather Pollock, Planner I  
A motion was made by Member Ford, seconded by Member Howard, that the  
requested Variance from Land Development Code section 5.1.12.B.1.a to allow  
a structure to encroach into the infill front yard setback be approved. The  
motion carried by the following vote:  
6 - Ford, Horton, Leanhart, Howard, Vozos, and Buttorff  
1 - Bond  
Yes:  
Absent:  
23-VARIANCE-0022  
Request:  
5.  
A variance to reduce the rear yard setback from 25 feet to 15 feet for  
the construction of three townhomes  
6024 Shean Court Variance  
6024 Shean Court  
Project Name:  
Location:  
Owner:  
Shean Court, LLC  
Applicant:  
Shean Court, LLC  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
Chris Crumpton  
Louisville Metro  
22 - Robin Engel  
John Michael Lawler, Planner I  
A motion was made by Member Howard, seconded by Member Ford, that the  
requested Variance from LDC Section 5.3.1 to reduce the rear yard setback  
from 25 feet to 15 feet for the construction of three townhomes (10’ variance)  
be approved. The motion carried by the following vote:  
6 - Ford, Horton, Leanhart, Howard, Vozos, and Buttorff  
1 - Bond  
Yes:  
Absent:  
23-VARIANCE-0041  
6.  
Request:  
A variance to allow a structure to encroach into the required side  
yard and rear yard setbacks.  
Macon Avenue Variance  
530 Macon Avenue  
Project Name:  
Location:  
Owner:  
Joanie Samuel  
Applicant:  
William Feather  
Jurisdiction:  
Council District:  
Case Manager:  
Louisville Metro  
9-Andrew Owen  
Amy Brooks, Planner I  
A motion was made by Member Leanhart, seconded by Member Vozos, that  
the requested Variance from the Land Development Code Table 5.3.1 to allow  
an addition to encroach into the required side yard setback, AND the  
requested Variance from the Land Development Code Section 5.4.2.2.a to  
allow an addition to encroach into more than 30% of the required rear yard, be  
approved. The motion carried by the following vote:  
6 - Ford, Horton, Leanhart, Howard, Vozos, and Buttorff  
1 - Bond  
Yes:  
Absent:  
23-VARIANCE-0045  
Request:  
7.  
A variance to allow an accessory structure to encroach into required  
rear yard setback and a variance to allow a private yard area to be  
less than the required 20% of the area of the lot  
Bassett Avenue Variance  
Project Name:  
Location:  
1229 Basset Avenue  
Owner:  
Jennifer and Brad Geier  
Applicant:  
Jennifer and Brad Geier  
Jurisdiction:  
Council District:  
Case Manager:  
Louisville Metro  
8-Benjamin Reno-Weber  
Amy Brooks, Planner I  
A motion was made by Member Howard, seconded by Member Leanhart, that  
the requested Variance from the Land Development Code section 5.4.1.E.2 to  
allow an accessory structure to encroach into the rear yard setback, AND the  
requested Variance from Land Development Code section 5.4.1.D.3 to allow a  
private yard area to be less than the required 20% of the area of the lot, be  
approved. The motion carried by the following vote:  
6 - Ford, Horton, Leanhart, Howard, Vozos, and Buttorff  
1 - Bond  
Yes:  
Absent:  
23-VARIANCE-0072  
8.  
Request:  
Variance to allow a primary structure to exceed the maximum infill  
front yard setback.  
Project Name:  
Location:  
Owner:  
East Jefferson Street Variance  
1010 E. Jefferson Street  
Kyle Roshberg  
Applicant:  
Matt Eldridge  
Jurisdiction:  
Council District:  
Case Manager:  
Louisville Metro  
4-Jecorey Arthur  
Amy Brooks, Planner I  
A motion was made by Member Leanhart, seconded by Member Howard, that  
the requested Variance from the Land Development Code Section 5.1.12. A.  
2.a to allow a principal structure to exceed the maximum front yard setback as  
established by infill regulations be approved. The motion carried by the  
following vote:  
6 - Ford, Horton, Leanhart, Howard, Vozos, and Buttorff  
1 - Bond  
Yes:  
Absent:  
23-NONCONFORM-0004  
9.  
Request:  
Project Name:  
Location:  
Nonconforming Rights Application for a Storage Facility  
Auto Repair Nonconforming rights  
2498 Ralph Avenue  
Owner:  
Jericho Cook  
Applicant:  
Jericho Cook  
Jurisdiction:  
Council District:  
Presenter:  
City of Shively  
3 - Kumar Rashad  
Christopher French, AICP, Planning Supervisor  
Ian Sexton, Associate Planner  
Case Manager:  
A motion was made by Member Horton, seconded by Member Howard, that the  
case be continued to a date uncertain. The motion carried by the following  
vote:  
6 - Ford, Horton, Leanhart, Howard, Vozos, and Buttorff  
1 - Bond  
Yes:  
Absent:  
23-NONCONFORM-0007  
Request:  
10.  
Nonconforming Rights for a packaged liquor store (no on-site  
alcohol consumption allowed).  
Nonconforming rights  
Project Name:  
Location:  
1442 S 22nd Street  
Owner:  
Applicant:  
Alem Tella & Asfash Zemariam  
Daniel Hailemariam  
Jurisdiction:  
Council District:  
Presenter  
Louisville Metro  
Phillip Baker - District 6  
Christopher French, AICP, Planning Supervisor  
Mark Pinto, Associate Planner  
Case Manager:  
A motion was made by Member Vozos, seconded by Member Howard, that the  
requested nonconforming rights to operate a packaged liquor store (no on-site  
alcohol consumption allowed) be approved. The motion carried by the  
following vote:  
6 - Ford, Horton, Leanhart, Howard, Vozos, and Buttorff  
1 - Bond  
Yes:  
Absent:  
23-CUP-0030  
Request:  
11.  
Conditional Use Permit for Short Term Rental of a Dwelling Unit That  
is Not the Primary Residence of the Host  
New Main Street Short Term Rental  
2106 New Main Street  
Project Name:  
Location:  
Owner/Applicant:  
Jurisdiction:  
Jonathan Gonzales  
Louisville Metro  
Council District:  
Case Manager:  
9 -Andrew Owen  
Heather Pollock, Planner I  
A motion was made by Member Ford, seconded by Member Howard, that the  
requested Conditional Use Permit to allow short term rental of a dwelling unit  
that is not the primary residence of the host in the R-5A Multi-Family zoning  
district and Traditional Neighborhood form district be denied. The motion  
carried by the following vote:  
4 - Ford, Horton, Howard, and Buttorff  
2 - Leanhart, and Vozos  
1 - Bond  
Yes:  
No:  
Absent:  
23-CUP-0048  
12.  
Request:  
Conditional Use Permit for Short Term Rental of a Dwelling Unit That  
is Not the Primary Residence of the Host (APPLICATION  
WITHDRAWN)  
Project Name:  
Location:  
Weisser Ave Short Term Rental  
137 Weisser Avenue  
Owner:  
Cassidy Cook  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
Cassidy Cook  
Louisville Metro  
9- Andrew Owen  
Amy Brooks, Planner I  
The applicant has withdrawn this request. No action was taken.  
23-CUP-0049  
13.  
Request:  
Project Name:  
Location:  
Conditional Use Permit for a Private Institutional Use  
Evangel World Prayer Expansion  
6900 Billtown Road  
Owner:  
Evangel World Prayer Center of Kentucky  
Land Development and Design, INC  
Louisville Metro  
22 - Robin Engel  
Molly Clark, Planner II  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
A motion was made by Member Leanhart, seconded by Member Vozos, that  
the requested Conditional Use Permit to allow a private institutional use to  
construct a detached multipurpose/gymnasium be approved. The motion  
carried by the following vote:  
6 - Ford, Horton, Leanhart, Howard, Vozos, and Buttorff  
1 - Bond  
Yes:  
Absent:  
23-CUP-0065  
14.  
Request:  
Conditional Use Permit for Short Term Rental of a Dwelling Unit That  
is Not the Primary Residence of the Host  
Rammers Avenue Short Term Rental  
1229 Rammers Avenue  
Project Name:  
Location:  
Owner:  
Olga Vegvary  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
Olga Vegvary  
Louisville Metro  
6-Phillip Baker  
Amy Brooks, Planner I  
A motion was made by Member Ford, seconded by Member Horton, that the  
requested Conditional Use Permit to allow short term rental of a dwelling unit  
that is not the primary residence of the host in the R-6 Multi-Family Residential  
zone and Traditional Neighborhood form district be denied. The motion  
carried by the following vote:  
4 - Ford, Horton, Howard, and Buttorff  
2 - Leanhart, and Vozos  
1 - Bond  
Yes:  
No:  
Absent:  
23-CUP-0070  
15.  
Request:  
Conditional Use Permit for Short Term Rental of a Dwelling Unit That  
is Not the Primary Residence of the Host  
Euclid Avenue Short Term Rental  
1050 Euclid Avenue  
Project Name:  
Location:  
Owner:  
Kimberly and Wesley Greathouse  
Kimberly and Wesley Greathouse  
Louisville Metro  
6 - Phillip Baker  
Molly Clark, Planner II  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
A motion was made by Member Leanhart, seconded by Member Vozos, that  
the requested Conditional Use Permit to allow short term rental of dwelling  
unit that is not the primary residence of the host in the R-5 Single Family  
Residential Zoning District and Traditional Neighborhood form district be  
approved. The motion carried by the following vote:  
6 - Ford, Horton, Leanhart, Howard, Vozos, and Buttorff  
1 - Bond  
Yes:  
Absent:  
23-CUP-0096  
Request:  
16.  
TO BE CONTINUED TO JUNE 26, 2023 BOZA MEETING -  
Conditional Use Permit for an accessory dwelling unit in R-5 single  
family zoning district.  
Project Name:  
Location:  
N. Crestmoor Accessory Dwelling Unit  
100 N. Crestmoor Avenue  
Owner:  
Applicant:  
Lauren Riney & Michael Frank  
Michael Frank  
Jurisdiction:  
Council District:  
Case Manager:  
Louisville Metro  
9 -Andrew Owen  
Heather Pollock, Planner I  
On a motion by Member Howard, seconded by Member Vozos, the case has  
been continued to the June 26, 2023 BOZA meeting. The vote was as follows:  
6 - Ford, Horton, Leanhart, Howard, Vozos, and Buttorff  
1 - Bond  
Yes:  
Absent:  
22-APPEAL-0014  
17.  
Request:  
Appeal of an administrative decision regarding nonconforming  
rights.  
Project Name:  
Location:  
Atterberry Court Appeal  
4607 Atterberry Court  
Owner:  
Appellant:  
Prospect Construction, LLC  
Tom Sanders  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
Bardenwerper, Talbot & Roberts, PLLC  
City of Shively  
3 - Kumar Rashad  
Chris French, AICP, Planning Supervisor  
A motion was made by Member Howard, seconded by Member Ford, that the  
case be continued to the June 26, 2023 BOZA meeting. The motion carried by  
the following vote:  
6 - Ford, Horton, Leanhart, Howard, Vozos, and Buttorff  
1 - Bond  
Yes:  
Absent:  
Adjournment  
The meeting adjourned at approximately 5:34 p.m.