Old Jail Auditorium  
514 W. Liberty Street  
Louisville, KY 40202  
Louisville Metro Government  
Action Summary  
Board of Zoning Adjustment  
Monday, February 20, 2023  
1:00 PM  
Online Via Webex  
Call To Order  
The following Board Members were present: Buttorff, Horton, Howard,  
Leanhart and Bond  
The following Board Members were absent: Ford and Vozos  
Approval Of Minutes  
BOZA_Minutes_020623 Annual  
1.  
A motion was made by Member Howard, seconded by Member Horton that the  
February 6, 2023 Annual BOZA minutes be approved. The vote was as follows:  
YES: Members Horton, Howard, Leanhart and Bond  
ABSTAIN: Member Buttorff  
ABSENT: Members Ford and Vozos  
BOZA_Minutes_020623 Regular  
2.  
A motion was made by Member Howard, seconded by Member Horton that the  
February 6, 2023 Regular BOZA minutes be approved. The vote was as  
follows:  
YES: Members Horton, Howard, Leanhart and Bond  
ABSTAIN: Member Buttorff  
ABSENT: Members Ford and Vozos  
Business Session  
22-VARIANCE-0147  
Request:  
3.  
Waiver of BOZA Policy 3.02.04 to allow a new application for Board  
action within one year of Board action on the same tract of property.  
Project Name:  
Location:  
Owner/Applicant:  
Jurisdiction:  
Glenview Avenue Variance  
2200 Glenview Avenue  
Eron Jaber  
Louisville Metro  
Council District:  
Case Manager:  
16 - Scott Reed  
Amy Brook, Planner I  
A motion was made by Member Howard to GRANT the waiver. The motion  
failed due to lack of a second.  
A motion was made by Member Buttorff, seconded by Member Leanhart to  
DENY a Waiver of BOZA Policy 3.02.04 to allow a new application for Board  
action within one year of Board action on the same tract of property. The vote  
was as follows:  
YES: Members Buttorff, Leanhart and Bond  
ABSTAIN: Members Horton and Howard  
ABSENT: Members Ford and Vozos  
23-MVARIANCE-0001  
4.  
Request:  
A modified variance to allow a principal structure to encroach more  
than 30% into the required rear yard setback .  
Rudy Lane Variance  
Project Name:  
Location:  
623 Rudy Lane  
Owner:  
Applicant:  
Loretta and Kurt Showalter  
Zach Schwager  
Jurisdiction:  
Council District:  
Case Manager:  
Louisville Metro  
7- Paula McCraney  
Amy Brooks, Planner I  
A motion was made by Member Howard, seconded by Member Leanhart that  
the Modified Variance from Land Development Code section 5.4.2.A.2.a to  
allow a structure to encroach into the required rear yard setback be approved.  
The vote was as follows:  
YES: Members Buttorff, Horton, Howard, Leanhart and Bond  
ABSENT: Members Ford and Vozos  
Public Hearing  
22-MCUP-0001  
Request:  
5.  
Modified Conditional Use Permit hearing in response to complaints  
related to excessive noise and explosions from the River Metals  
scrap metal processing facility  
Project Name:  
Location:  
River Metals Recycling  
2110 Metal Ln, 2045 River Rd, 2114 Metal Ln, 2300 Metal Ln, 2255  
Metal Ln, and 2601 River Green Cir.  
River Metals Recycling, Inc.  
Owner:  
Applicant:  
Planning Director  
Jurisdiction:  
Council District:  
Case Manager:  
Louisville Metro  
4 - Jecorey Arthur  
Chris French, AICP, Planning and Design Supervisor  
A motion was made by Member Leanhart, seconded by Member Leanhart to  
CONTINUE this case to the April 10, 2023 BOZA meeting. The vote was as  
follows:  
YES: Members Buttorff, Horton, Howard, Leanhart and Bond  
ABSENT: Members Ford and Vozos  
22-APPEAL-0011  
Request:  
6.  
Appeal of an administrative decision regarding a zoning  
enforcement action.  
Project Name:  
Location:  
Owner:  
East Whitney Avenue Appeal  
114 East Whitney Avenue  
Glen E. Kerns  
Appellant:  
Glen E. Kerns  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
Harry B. O’Donnell IV  
Louisville Metro  
21 - Nicole George  
Chris French, Planning Supervisor  
A motion was made by Member Howard, seconded by Member Horton that the  
Appeal of an administrative decision regarding a zoning enforcement action  
be overturned. The vote was as follows:  
YES: Members Buttorff, Horton, Howard, Leanhart and Bond  
ABSENT: Members Ford and Vozos  
22-WAIVER-0114&23-VAR-0114  
7.  
Request:  
Variance to allow an addition encroach into the side yard setback  
and a waiver to not provide the required landscape buffer area  
Bardstown Road Variance and Waiver  
1331 Bardstown Road  
Project Name:  
Location:  
Owner/Applicant:  
Jurisdiction:  
Charles Podgursky - C.R.P. & Associates, INC.  
Louisville Metro  
Council District:  
Case Manager:  
8 - Cassie Armstrong  
Molly Clark, Planner II  
A motion was made by Member Leanhart, seconded by Member Buttorff that  
the Waiver from Land Development Code Section 10.2.10.A to not provide the  
required 5 ft LBA between any lot containing a VUA and a non-residentially  
zoned lot with a first floor residential use. (22-WAIVER-0114) be approved. The  
vote was as follows:  
YES: Members Buttorff, Horton, Howard, Leanhart and Bond  
ABSENT: Members Ford and Vozos  
A motion was made by Member Leanhart, seconded by Member Buttorff that  
the Variance to allow an addition to encroach into the 6 ft side yard setback by  
2.8 ft for proposed buildings constructed adjacent to an existing building which  
has a window. (23-VARIANCE-0014) be approved. The vote was as follows:  
YES: Members Buttorff, Horton, Howard, Leanhart and Bond  
ABSENT: Members Ford and Vozos  
22-VARIANCE-0119  
Request:  
8.  
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 .  
Project Name:  
Location:  
Owner:  
Rear Mulberry Street Variances  
917 R. Mulberry Street  
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 Howard, seconded by Member Horton to  
CONTINUE this case to the April 24, 2023 BOZA meeting to allow the applicant  
time to address concerns of the Board and neighbors. The vote was as  
follows:  
YES: Members Buttorff, Horton, Howard, Leanhart and Bond  
ABSENT: Members Ford and Vozos  
22-VARIANCE-0142  
Request:  
9.  
Variance to allow a second story addition encroach into the side  
yard setback and a variance to allow the second story addition to  
exceed maximum height based on infill standards.  
Rammers Avenue Variance  
Project Name:  
Location:  
1209 Rammers Avenue  
Owner/Applicant:  
Jurisdiction:  
Andrew Max Balliet  
Louisville Metro  
Council District:  
Case Manager:  
6 - Phillip Baker  
Molly Clark, Planner II  
A motion was made by Member Howard, seconded by Member Leanhart that  
the Variance from Land Development Code section 5.2.2 to allow a second  
story to encroach into the required 3 ft setback and a Variance from Land  
Development Code section 5.1.12 to allow a second story to exceed the  
maximum height based on infill standards. The vote was as follows:  
YES: Members Buttorff, Horton, Howard, Leanhart and Bond  
ABSENT: Members Ford and Vozos  
22-VARIANCE-0157  
Request:  
10.  
A variance to exceed the maximum fence height in the required front  
yard setback.  
Project Name:  
Location:  
Northwestern Parkway Fence Variance  
2503 Northwestern Pky  
Owner:  
Applicant:  
Billy and Violet Simpson  
Billy Simpson  
Jurisdiction:  
Council District:  
Case Manager:  
Louisville Metro  
5- Donna Purvis  
Amy Brooks, Planner I  
A motion was made by Member Howard, seconded by Member Buttorff that the  
Variance from Land Development Code section 4.4.3.A.1.a.i to allow a fence to  
exceed 48 inches in height in the front yard setback be DENIED. The vote was  
as follows:  
YES: Members Buttorff, Horton, Howard, Leanhart and Bond  
ABSENT: Members Ford and Vozos  
22-VARIANCE-0168  
Request:  
11.  
A variance to allow an accessory structure to encroach into the front  
yard setback and a variance to exceed the maximum fence height in  
the required front yard setback .  
Harmon Court Variance  
Project Name:  
Location:  
2503 Northwestern Pky  
Owner:  
Applicant:  
Kelly Rodriguez Britt and Daniel Rodriguez  
Daniel Rodriguez  
Jurisdiction:  
Council District:  
Case Manager:  
Louisville Metro  
10- Pat Mulvihill  
Amy Brooks, Planner I  
A motion was made by Member Buttorff, seconded by Member Howard that the  
Variance from the Land Development Code Table 5.3.1 to allow an accessory  
structure to encroach into the required front yard setback and the Variance  
from Land Development Code section 4.4.3.A.1.a.i to allow a fence to exceed  
the maximum allowed height in a front yard setback be approved. The vote  
was as follows:  
YES: Members Buttorff, Horton, Howard and Bond  
NO: Member Leanhart  
ABSENT: Members Ford and Vozos  
23-VARIANCE-0001  
Request:  
12.  
VARIANCE 1 to permit a freestanding sign to exceed area  
standards. VARIANCE 2 to permit a freestanding sign to exceed  
height standards.  
Project Name:  
Location:  
Freestanding Sign Variances  
2935 Breckenridge Lane  
Owner:  
Triple M Investments  
Applicant:  
Signarama Dixie  
Jurisdiction:  
Council District:  
Case Manager:  
Louisville Metro  
26 - Brent Ackerson  
Beth Jones, AICP, Planner II  
A motion was made by Member Buttorff, seconded by Member Howard that  
VARIANCE 1 to permit a freestanding sign to exceed area standards (LDC 8.3.2  
Regional Center) and VARIANCE 2 to permit a freestanding sign to exceed  
height standards (LDC 8.3.2 Regional Center) be approved. The vote was as  
follows:  
YES: Members Buttorff, Horton, Howard, Leanhart and Bond  
ABSENT: Members Ford and Vozos  
22-CUP-0394  
Request:  
13.  
Conditional Use Permit to allow a transitional home in the R-6  
Residential Multi-Family zoning district with a landscape waiver  
Dumesnil Transitional House  
Project Name:  
Location:  
2735 Dumesnil Street  
Owner:  
Applicant:  
Jurisdiction:  
Council District:  
Case Manager:  
New Directions Housing Corp  
New Directions Housing Corp  
Louisville Metro  
1 - Tammy Hawkins  
Molly Clark, Planner II  
A motion was made by Member Leanhart, seconded by Member Howard that  
the Waiver from section 10.2.4 of the Land Development Code to not provide  
the perimeter landscape buffer areas and screening adjacent to residentially  
zoned property. (23-WAIVER-0012) be approved. The vote was as follows:  
YES: Members Buttorff, Horton, Howard, Leanhart and Bond  
ABSENT: Members Ford and Vozos  
A motion was made by Member Leanhart, seconded by Member Howard that  
the Conditional Use Permit to allow a transitional home in the R-6 Residential  
Multi-Family zoning district Land Development Code (LDC) 4.2.55 (22-CUP-0394)  
be approved. The vote was as follows:  
YES: Members Buttorff, Horton, Howard, Leanhart and Bond  
ABSENT: Members Ford and Vozos  
22-CUP-0395  
Request:  
14.  
Conditional Use Permit to allow a transitional home in the R-6  
Residential Multi-Family zoning district with a landscape waiver  
Olive Street Transitional House  
1369 Olive Street  
Project Name:  
Location:  
Owner:  
Applicant:  
Jurisdiction:  
Council District:  
Case Manager:  
New Directions Housing Corp  
New Directions Housing Corp  
Louisville Metro  
1 - Tammy Hawkins  
Molly Clark, Planner II  
A motion was made by Member Howard, seconded by Member Leanhart that  
the Waiver from section 10.2.4 of the Land Development Code to not provide  
the perimeter landscape buffer areas and screening adjacent to residentially  
zoned property. (23-WAIVER-0013) be approved. The vote was as follows:  
YES: Members Buttorff, Horton, Howard, Leanhart and Bond  
ABSENT: Members Ford and Vozos  
A motion was made by Member Howard, seconded by Member Buttorff that the  
Conditional Use Permit to allow a transitional home in the R-6 Residential  
Multi-Family zoning district Land Development Code (LDC) 4.2.55 (22-CUP-0395)  
be approved. The vote was as follows:  
YES: Members Buttorff, Horton, Howard, Leanhart and Bond  
ABSENT: Members Ford and Vozos  
22-CUP-0382  
Request:  
15.  
Conditional Use Permit for short term rental of a dwelling unit that is  
not the primary residence of the host  
Coral Avenue Short Term Rental  
196 Coral Avenue  
Project Name:  
Location:  
Owner:  
KCE Properties LLC  
Applicant:  
Christopher Esterle  
Jurisdiction:  
Council District:  
Case Manager:  
Louisville Metro  
9- Andrew Owen  
Heather Pollock, Planner I  
A motion was made by Member Howard, seconded by Member Buttorff that the  
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 Zoning District and  
Traditional Neighborhood Form District be approved. The vote was as follows:  
YES: Member Howard  
NO: Members Leanhart and Bond  
ABSTAIN: Member Buttorff  
ABSENT: Members Ford and Vozos  
NEED ANOTHER MOTION AND VOTE  
A motion was made by Member Howard, seconded by Member Buttorff that the  
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 Zoning District and  
Traditional Neighborhood Form District, having a maximum of 6 guests per  
unit, be approved. The vote was as follows:  
YES: Members Buttorff, Horton, Howard and Bond  
NO: Member Leanhart  
ABSENT: Members Ford and Vozos  
22-CUP-0385  
Request:  
16.  
Conditional Use Permit for short term rental of a dwelling unit that is  
not the primary residence of the host in the TNZD zoning district.  
S. Floyd Street Short Term Rental  
1332 S. Floyd Street  
Project Name:  
Location:  
Owner:  
Conrad & Kassandra Boyd  
Applicant:  
Conrad & Kassandra Boyd  
Jurisdiction:  
Council District:  
Case Manager:  
Louisville Metro  
6- Phillip Baker  
Heather Pollock, Planner I  
A motion was made by Member Leanhart, seconded by Member Horton that  
the Conditional Use Permit to allow short term rental of dwelling unit that is  
not the primary residence of the host in the Traditional Neighborhood Zoning  
District, (TNZD), and Traditional Neighborhood Form District be denied. The  
vote was as follows:  
YES: Members Buttorff, Horton, Howard, Leanhart and Bond  
ABSENT: Members Ford and Vozos  
22-CUP-0386  
Request:  
17.  
Conditional Use Permit for short term rental of a dwelling unit that is  
not the primary residence of the host  
Sale Avenue Short Term Rental  
1358 Sale Avenue  
Project Name:  
Location:  
Owner:  
Limitless Properties LLC  
Applicant:  
Chris Nilest  
Jurisdiction:  
Council District:  
Case Manager:  
Louisville Metro  
15- Jennifer Chappell  
Amy Brooks, Planner I  
A motion was made by Member Howard, seconded by Member Buttorff that the  
Conditional Use Permit to allow short term rental of a dwelling unit that is not  
the primary residence of the host in the R-5 single family residential zone and  
Traditional Neighborhood form district be approved. The vote was as follows:  
YES: Member Buttorff, Horton, Howard, Leanhart and Bond  
ABSENT: Members Ford and Vozos  
Adjournment