Old Jail Auditorium  
514 W. Liberty Street  
Louisville, KY 40202  
Louisville Metro Government  
Action Summary  
Board of Zoning Adjustment  
Monday, February 6, 2023  
1:00 PM  
Online Via Webex  
Regular Meeting  
Call To Order  
The following Board Members were present: Ford, Horton, Howard, Leanhart,  
Vozos and Bond  
The following Board Members were absent: Buttorff  
Approval Of Minutes  
BOZA_Minutes_012323  
1.  
A motion was made by Member Howard, seconded by Member Ford that the  
January 23, 2023 BOZA minutes be approved. The vote was as follows:  
YES: Ford, Horton, Howard, Leanhart, Vozos and Bond  
ABSENT: Buttorff  
Public Hearing  
22-MVARIANCE-0001  
2.  
Request:  
Project Name:  
Location:  
A modified variance to further reduce the rear yard setback  
9903 Brownsboro Rd  
9903 Brownsboro Rd  
Owner:  
BR Investors, LLC  
Applicant:  
Bowman Consulting Group, Ltd  
Louisville Metro  
17- Markus Winkler  
Jurisdiction:  
Council District:  
Case Manager:  
Clara Schweiger, Planner I  
A motion was made by Member Howard, seconded by Member Vozos that the  
a modified variance of Land Development Code section 5.3.3.C.2.b to further  
reduce the rear yard setback from 30’ to 8’ for a variance of 22’ on lot 3 be  
approved. The vote was as follows:  
YES: Ford, Horton, Howard, Leanhart, Vozos and Bond  
ABSENT: Buttorff  
22-MVARIANCE-0002  
Request:  
3.  
A modified variance to exceed the maximum fence height in the  
street side yard setback.  
Bristol Oaks Court Variance  
8701 Bristol Oaks Court  
Project Name:  
Location:  
Owner:  
Applicant:  
Thomas and Kim Solomon  
Kim Solomon  
Jurisdiction:  
Council District:  
Case Manager:  
Louisville Metro  
26- Brent Ackerson  
Amy Brooks, Planner I  
A motion was made by Member Ford, seconded by Member Horton 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 street side yard setbacks be approved. The  
vote was as follows:  
YES: Ford, Horton, Howard, Leanhart, Vozos and Bond  
ABSENT: Buttorff  
22-VARIANCE-0107  
Request:  
4.  
A variance to reduce the required 30% private yard area and to  
reduce the 3 ft side yard setback  
Youngland Ave Variance  
1727 Youngland Avenue  
Eric Johnson  
Project Name:  
Location:  
Owner:  
Applicant:  
Michael Marsh  
Jurisdiction:  
Council District:  
Case Manager:  
Louisville Metro  
3 - Vacant  
Molly Clark, Planner II  
A motion was made Member Howard, seconded by Member Leanhart that the  
Variance from the Land Development Code Table 5.2.2 to allow a primary  
structure to encroach into the side yard setback and a Variance from Land  
Development Code section 5.4.1.D.2 to allow a private yard area to be less  
than the required 30% of the area of the lot be approved. The vote was as  
follows:  
YES: Ford, Horton, Howard, Leanhart, Vozos and Bond  
ABSENT: Buttorff  
22-VARIANCE-0116  
5.  
Request:  
Variances  
Project Name:  
Location:  
Owner/Applicant:  
Jurisdiction:  
Speckman Retail Addition  
719 & 721 Speckman Road  
Speckman Commercial LLC  
City of Middletown  
Council District:  
Case Manager:  
19- Anthony Piagentini  
Julia Williams, AICP, Planning Supervisor  
A motion was made by Member Howard, seconded by Member Leanhart that  
the Variance from Chapter 5.3.1.C.5 to reduce the minimum 10’ setback to 3’ in  
front of 2 parking spaces (7’ variance) and a Variance from Chapter 5.3.1.C.5 to  
eliminate the 30’ non-residential to residential setback along the east property  
line  
be approved. The vote was as follows:  
YES: Ford, Horton, Howard, Leanhart, Vozos and Bond  
ABSENT: Buttorff  
22-VARIANCE-0109  
Request:  
6.  
A variance to allow a primary structure to encroach into the side  
yard setback.  
Project Name:  
Location:  
Owner/Applicant:  
Representative:  
Jurisdiction:  
Mockingbird Valley Drive Variance  
34 Mockingbird Valley Drive  
Hoedt Fitz Schultze  
Trey Ferrara, LD&D, INC  
Louisville Metro  
Council District:  
Case Manager:  
16- Scott Reed  
Amy Brooks, Planner I  
A motion was made by Member Leanhart, seconded by Member Howard that  
the Variance from the Land Development Code Table 5.3.1 to allow a structure  
to encroach into the side yard setback be approved. The vote was as follows:  
YES: Ford, Horton, Howard, Leanhart, Vozos and Bond  
ABSENT: Buttorff  
23-VARIANCE-0003  
Request:  
7.  
A variance to allow a primary structure to encroach into the side yard  
setbacks.  
Project Name:  
Location:  
Owner:  
Stannye Drive Variance  
2321 Stannye Drive  
Andrew Noland  
Applicant:  
Todd Shelburne  
Louisville Metro  
16- Scott Reed  
Jurisdiction:  
Council District:  
Case Manager:  
Amy Brooks, Planner I  
A motion was made by Member Howard, seconded by Member Leanhart that  
the Variance from the Land Development Code Table 5.3.1 to allow a second  
story addition encroach into the required side yard setback in R-3 be  
approved. The vote was as follows:  
YES: Ford, Horton, Howard, Leanhart, Vozos and Bond  
ABSENT: Buttorff  
22-CUP-0390  
Request:  
8.  
Conditional Use Permit for a Hospital/Medical Clinic with Relief from  
a Condition and a Variance  
Project Name:  
Location:  
Hosparus  
2900, 2902, 2903, 2904, 2905 Stonehaven Court; 3522, 3524,  
3526, 3528, 3532 Ephraim McDowell Drive; 2917 Abigail Drive  
Hosparus, Inc.  
Owner:  
Applicant:  
Hosparus, Inc.  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
Land Design and Development  
Louisville Metro  
8 - Cassie Chambers Armstrong  
Jay Luckett, AICP, Planner II  
A motion was made by Member Howard, seconded by Member Vozos that the  
Variance from Land Development Code Table 5.3.2 to permit a maintenance  
building and dumpster enclosure to encroach into the 30-foot non-residential  
to residential setback by up to 20 feet as shown on the development plan be  
approved. The vote was as follows:  
YES: Ford, Horton, Howard, Leanhart, Vozos and Bond  
ABSENT: Buttorff  
A motion was made by Member Howard, seconded by Member Leanhart that  
the Conditional Use Permit per Land Development Code section 4.2.29 to  
permit a hospital/medical clinic with relief from Condition of Approval (B) in  
order to permit buildings to be closer to the property line than 30 feet as  
shown on the development plan be approved. The vote was as follows:  
YES: Ford, Horton, Howard, Leanhart, Vozos and Bond  
ABSENT: Buttorff  
23-CUP-0008  
9.  
Request:  
Project Name:  
Location:  
Conditional Use Permit for an adult care center  
Elderserve  
631 South 28th Street  
Elderserve, Inc.  
Owner:  
Applicant:  
Elderserve, Inc.  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
Frost Brown Todd, LLP  
Louisville Metro  
5 - Donna Purvis  
Chris French, AICP, Planning Supervisor  
A motion was made by Member Horton, seconded by Member Howard that the  
Conditional Use Permit to allow an adult care center in the R-6 zoning district  
and Traditional Neighborhood form district be approved. The vote was as  
follows:  
YES: Ford, Horton, Howard, Leanhart, Vozos and Bond  
ABSENT: Buttorff  
22-CUP-0359  
Request:  
10.  
Conditional Use Permit for short term rental of a dwelling unit that is  
not the primary residence of the host  
Cawein Way Short Term Rental  
3202 Cawein Way  
Project Name:  
Location:  
Owner:  
Luke Neubauer  
Applicant:  
Luke Neubauer  
Jurisdiction:  
Council District:  
Case Manager:  
Louisville Metro  
26 - Brent Ackerson  
Chris French, AICP, Planning Supervisor  
A motion was made by Member Howard, 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 be denied. The vote was as follows:  
YES: Ford, Horton, Howard and Leanhart  
NO: Vozos and Bond  
ABSENT: Buttorff  
22-CUP-0363  
Request:  
11.  
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  
2717 Rodman Street  
Project Name:  
Location:  
Owner:  
Agape Realty LLC  
Applicant:  
Brian Bouser  
Jurisdiction:  
Council District:  
Case Manager:  
Louisville Metro  
3-Vacant  
Amy Brooks, Planner I  
A motion was made by Member Vozos, seconded by Member Ford that the  
Conditional Use Permit to allow short term rental of dwelling unit that is not  
the primary residence of the host in a single family home in the R6 Multi-family  
residential zone and Traditional Neighborhood form district be approved. The  
vote was as follows:  
YES: Ford, Horton, Howard, Leanhart, Vozos and Bond  
ABSENT: Buttorff  
22-CUP-0371  
Request:  
12.  
Conditional Use Permit for short term rental of a dwelling unit that is  
not the primary residence of the host.  
N. Wenzel Street Short Term Rental  
111 N. Wenzel Street  
Project Name:  
Location:  
Owner:  
Applicant:  
Butcher Block Properties, LLC  
Andy Blieden  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
Kelli Jones, Sabak, Wilson & Lingo, INC  
Louisville Metro  
4 - Jecorey Arthur  
Heather Pollock, Planner I  
A motion was made by Member Howard to approve the Conditional Use Permit  
to allow short term rental of dwelling unit that is not the primary residence of  
the host in the R-6 Multi-Family Zoning District and Traditional Neighborhood  
Form District. The motion died due to lack of a second.  
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 R-6 Multi-Family Zoning District  
and Traditional Neighborhood Form District be denied. The vote was as  
follows:  
YES: Ford, Horton, Leanhart, Vozos and Bond  
NO: Howard  
ABSENT: Buttorff  
20-APPEAL-0005  
Request:  
13.  
Appeal of an administrative decision regarding nonconforming  
rights.  
Project Name:  
Location:  
Marie Street Appeal  
1433 Marie Street  
Owner:  
Anthony Sermersheim  
Appellant:  
Anthony Sermersheim  
Representative:  
Jurisdiction:  
Council District:  
Case Manager:  
Bardenwerper Talbot & Roberts, PLLC  
Louisville Metro  
6 - Vacant  
Chris French, AICP, Planning Supervisor  
A motion was made by Member Leanhart, seconded by Member Howard to  
grant the non-conforming rights. The vote was as follows:  
YES: Ford, Horton, Howard, Leanhart, Vozos and Bond  
ABSENT: Buttorff  
22-APPEAL-0014  
Request:  
14.  
Appeal of an administrative decision regarding nonconforming  
rights.  
Project Name:  
Location:  
Owner:  
Atterberry Court Appeal  
4607 Atterberry Court  
Prospect Construction, LLC  
Tom Sanders  
Appellant:  
Jurisdiction:  
Council District:  
Case Manager:  
City of Shively  
3 - Vacant  
Chris French, AICP, Planning Supervisor  
A motion was made by Member Vozos, seconded by Member Howard to  
continue this case to the March 20, 2023 BOZA meeting. The vote was as  
follows:  
YES: Ford, Horton, Howard, Leanhart, Vozos and Bond  
ABSENT: Buttorff  
Adjournment