JAVANON REVISITED

Much has been reported lately concerning Javanon and the illegal indoor facility built by Ali Ahmadi. For a recap I received this from attorney Stephen Porter which details a timeline series of events concerning Javanon. It is interesting to say the least and makes one wonder simply this.

Do these zoning people have a clue?

I have outlined many problems and exposed serious issues as well in regards to the mess in zoning. This particular case just shows how little is done in enforcement of agreed upon building.

Really it takes time to build something of this magnitude. It isn't done in a day. How could they NOT respond and stop this from happening?

Take a look for yourself and tell me what you think.

To those who may have read some coverage or seen it on television or for those who just care about the planning process being fair to neighbors, here is a history and an update on the Javanon Soccer Club case:

1. I represent the Tucker Station Neighborhood Association and all the adjoining residential neighbors to the property, all of whom object to this building and the way it was built.

2. In August, 2005, the neighborhood supported Javanon's application for a Conditional Use Permit to build two outdoor soccer fields at 12411 Rehl Road.

3.. That CUP was approved with the conclusions "that no structures are proposed at this time, only two soccer fields...that no lighting... is proposed; and that the site will have an extensive landscape buffer area with evergreen and deciduous trees; that no lighting is proposed." The conditions of approval included:
a. "The site shall be developed in strict compliance with the approved development plan... No further development shall occur on the site without prior review and approval by the Board."
b. "No type of lighting is allowed."
c. "The conceptual landscape plan submitted July 27, 2005 shall be the minimum."

4. In 2007, a building permit was issued by the Louisville Metro Department of Inspections, Permits and Licenses because plans for a parking lot had been stamped as approved by Planning and Design. Those plans were presented to PDS by Ali Ahmadi, President of Javanon Soccer Club and also the Engineering Supervisor for the Louisville Department of Public Works. The plan presented showed an "Indoor Practice Facility", not a "proposed" building as previously shown.

5. In late 2007, Javanon proceeded to construct a 23,000 square foot, 30-foot tall metal building.

6. On February 13, 2008, I notified PDS that the building had been built illegally.

7. At that same time, Ahmadi informed me that he had ordered parking lot lighting, despite the provision for no lighting in the CUP.

8. On March 17, 2008, PDS acknowledged the mistake and informed Ahmadi (on his Works Dept. e-mail) on March 18, 2008 to submit a CUP modification application.

9. Ahmadi replied through City e-mail on March 21, 2008, that all the adjoining neighbors had no concerns and that he had received "construction approval from all agencies".

10. In April, July, November and December in 2008, we asked PDS what was happening with the case.

11. In September, an electrical company was on the site to put in parking lot lighting. We informed Ahmadi he could not do that and it was not done.

12. In late October, Channel 41 inquired to PDS about the building.

13. On November 10, 2008, an application to allow parking lot lighting was submitted by Javanon, signed by Ahmadi.

14. On February 13, 2009, we sent another letter to PDS asking about the building, lighting, landscaping, parking lot, etc. This was one year after our first notice.

15. On February 16, 2009, another modified CUP application was submitted by Javanon, signed by Ahmadi, asking for a waiver of all landscaping requirements and a sidewalk requirement. There was no mention of the building.

16. On December 16, 2008, and again on January 6, 2009, I requested of PDS to be copied on any correspondence in this case and to receive notice of any filings. This has never occurred. However, on March 9, 2009, PDS received a letter from me asking questions about this case. At 9:16 that morning, my letter was forwarded to the attorney for Javanon with the notation "FYI".

17. On March 16, 2009, BOZA heard all this and deferred the case to April 20, 2009. They required Javanon to submit details of the building, to hold a neighborhood meeting, to submit revised landscaping plans and to close down the building until further notice.

18. We have received a copy of a February 15, 2000 "Written Reprimand" of Ali Ahmadi that is in his City personnel file. He was reprimanded for signing the approval for driveway construction to property owned by Javanon when that approval was not allowable. At the same time, he used his "position with Jefferson County to seek approvals from another government agency on behalf of the Javanon Soccer Club" when he twice in the same day tried to convince MSD officials to approve the permit. The reprimand goes on further: "Effective immediately, you shall refrain from any and all activities related to the Javanon Soccer Club within the workplace and during your working hours at Jefferson County Government. Likewise, you shall not use your position at Jefferson County government to seek preferential treatment for Javanon Soccer Club or anyone else. Failure to abide by these requirements will result in a much stronger disciplinary action including the possibility of termination of employment." And that was just for building a gravel driveway.

I will keep you informed of further happenings.

Stephen T. Porter, Attorney
2406 Tucker Station Road
Louisville, KY 40299-4529
502-297-9991(office)
502-297-8007 (FAX)

Fiasco to say the least.