Monday, June 15, 2009

JAVANON: OF COURSE THEY GOT AWAY WITH IT

Today Javanon was allowed to keep the illegal building and basically nothing changes. Oh of course the BOZA had all kinds of media friendly comments like we have to change the way this happened, or even though it was wrong it was unintentional, or a whole host of other garbage.

They did NOT make any changes in the way they do business at all to date. BOZA defied open meetings laws, allowed an intentional misrepresentation of the plans to continue, and wasted 13 months when notified there was a problem, to even begin to address it in regards to Javanon.

But we have come to expect no less from this incompetent bunch of nincompoops haven't we?

Attorney Stephen Porter, who represents the neighborhood association in this fight, sent this statement for your review:

"I would like to take this opportunity to explain and clarify the position of the Tucker Station Neighborhood Association and many of the neighbors who surround this Javanon building. We all know that the process surrounding this case has been flawed. But, the flaw did not begin with the illegal meeting of April 20, 2009. It began when a veteran Louisville Metro employee submitted plans for a parking lot change to a CUP that was previously approved with "no structures are proposed at this time". This employee was a city engineer who dealt with plans from developers on a daily basis, and who, whether he did know or not, certainly should have known that the plans he submitted to get a parking lot change were different than the plans that had been approved by this Board, and should have known that they were not enough in compliance with regulations to enable him to get a building permit, and should have told Mr. Hendrix that this plan included more than just a parking change, which, according to Mr. Hendrix, he did not.. In addition, he performed this act in absolute violation of a previous reprimand from his superiors in 2000 when he did a very similar act on behalf of Javanon, of which he is the founder, President, member of the Board of Directors, and General Manager. In that case, all he did was build a gravel driveway. In this case, he built a 23,000 square foot metal building in a single-family neighborhood.
The flaw continued after the neighborhood reported this illegal building in February, 2008. Between February, 2008 and February, 2009, we tried to get City government to do whatever was necessary to address this situation. Finally, on March 16, 2009, a first hearing was held, thirteen months after the City was notified. We do not know what took so long, but the public perception is that it was because a high City official was on one side of this issue. That may or may not be true, but the perception is strong and probably justifiable......"


You can write me at myviewmatters@aol.com for more of Mr. Porter's statement.

In the meantime I sincerely hope this matter does not go away and legal action is taken at the very least against the whole BOZA department including Bill Schreck, Charles Cash, all members who attended the illegal meeting,and even Bill Bardenwarper for open meetings violations.

None of Mr. Porter's motions were granted or listened to and the whole BOZA is in violation at this point.

Good luck.

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