Board of Zoning Adjustment

Board Narrowly Approves Airbnb on Windward Way Despite Four Neighbors' Opposition

A non-owner-occupied short-term rental was approved 3-2 at 3629 Windward Way after four neighbors raised safety, parking, and community cohesion concerns.

Why it matters: The split vote—the only non-unanimous decision of the meeting—signals growing tension between property rights and neighborhood opposition to STRs, with board members acknowledging sympathy for residents but finding no legal basis for denial.

Board Denies STR Permit Despite Owner's Major Victorian Home Restoration

A Florida-based owner's conditional use permit for a restored 120-year-old Victorian was denied because another STR was approved within 600 feet weeks earlier.

Why it matters: The case highlights the rigid 600-foot buffer rule's impact on property owners who invest heavily in historic restoration but apply after a nearby CUP is granted; the board suggested medium-term rentals as an alternative revenue path.

Already-Built 7-Foot Screening Wall Receives Variance at St. Matthews Office

A 3-foot variance was approved for an already-constructed 7-foot privacy wall at an office building in St. Matthews, at the direction of the city's code official.

Why it matters: The case illustrates how construction sometimes proceeds ahead of permitting; St. Matthews directed the applicant to regularize the wall through the variance process and an updated development plan.

62-Foot Setback Variance Approved for Construction Yard Storage Garage

A construction company received a 62-foot variance to align an 18x20 metal storage garage with existing buildings at 3103 Herman Street.

Masonry Fence Replacing Rotted Wooden Fence Approved in Old Louisville

Homeowners at 130 W Ormsby received a 3.5-foot variance to build a 7-foot masonry fence replacing a dilapidated 8-foot wooden fence, already approved by the Old Louisville Architectural Review Committee.

Board Retroactively Approves Variance for Garage Built Without Permit in 2018

An unpermitted detached garage under enforcement since 2022 received a variance after the property owner resolved years of missed communications with the city.

Why it matters: The case raised questions about whether the 17-foot setback provides enough space for vehicles not to block the sidewalk; staff confirmed the variance also covers a 25-foot garage-door setback requirement.

New Gas Station and Convenience Store Approved at 2708 Dixie Highway

BOZA approved a variance and recommended five waivers for a 5,400 sq ft convenience store replacing an old Clark station, with tree relocation as mitigation.

Why it matters: The project consolidates two lots including a demolished house and a former gas station into a larger commercial development; waiver authority rests with Shively, making the board's recommendation advisory.

Carport and Patio Variance Approved at 1016 Cherokee Rd

A variance to build a carport and covered patio at the property line was approved, aligning new structures with an existing carriage house on a historic property.

Why it matters: The property has an approved certificate of appropriateness requiring the variance; new steel-frame structures will align with the existing carriage house and 8-foot brick wall.