St. Matthews Apartment Complex Clears BOZA on 5-1 Vote as Neighbors Protest Setback Cut

Louisville's Board of Zoning Adjustment pushed through a packed nine-item agenda March 16, headlined by a contentious fight over how close a 199-unit apartment project can park cars to neighboring backyards in St. Matthews. The board also overrode staff on three requests to greenlight a custom-designed sustainable home on a historic Barret Avenue estate lot, denied a gas station's request for a sign more than four times the legal height, and approved a new 20-bed rehabilitation facility on West Broadway with no opposition.

• 199-unit St. Matthews apartment complex wins contested 5-1 vote to place parking 10 feet from neighboring homes instead of the required 30 feet

• Board overrides staff on three of four requests for a custom two-unit residence on a 19th-century Barret Avenue estate lot

• Shell station's 26-foot sign request unanimously denied on Dixie Highway as board finds no hardship

• 20-bed rehabilitation home approved at 1300 W. Broadway to fill a treatment gap in west Louisville

• Transitional home operator faces April public hearing after running without required licensing for years

Parking vs. Balconies: Gilmans Pointe Divides Board and Neighbors

The basics: Gilmans Pointe LLC asked the board to slash the required 30-foot rear yard setback to 10 feet for a surface parking lot behind a 199-unit apartment complex at 4101 Westport Road in St. Matthews. The 7.4-acre site, zoned R7/CN, is one of the last large undeveloped parcels in the city.

Why it matters: The decision forces residents on Del Ridge Drive, Ridgeway Avenue and surrounding streets to accept a parking lot two-thirds closer to their property lines than the code allows — but the developer and ultimately the board majority argued the alternative was worse.

Where things stand: Cliff Ashburner of Dinsmore & Shohl, representing the developer, told the board his client had already downsized from 299 to 199 units, removed a Ridgeway Avenue access point, and committed to Kentucky Transportation Cabinet-designed road improvements including a three-lane section on Westport Road and a three-way stop at Ridgeway and Westport. The design intentionally pushed four-story buildings away from neighboring homes, placing surface parking — screened by a seven-foot fence and six-foot landscape buffer — closer to the property line instead.

"Our client is trying to work to create a design that minimizes disturbance to surrounding properties, which is why we thought the distance between the buildings, which are of a permitted height, of a permitted use, moving those to the south and having the surface level activity again behind a seven-foot fence which is taller than otherwise required, was the correct design choice," said Cliff Ashburner, attorney for Gilmans Pointe.

Ashburner also raised a legal wrinkle unique to St. Matthews: the city never adopted Louisville Metro's form district system, yet its development code references form districts in its parking regulations. He argued a court would likely find those parking provisions unenforceable.

The other side: Seven public speakers testified in opposition. Attorney Steve Porter, representing neighbors on Del Ridge, Ridgeway and Westport Road, argued the hardship was entirely self-created.

"They didn't need to have any parking back there with 299 units, they didn't need to have a variance on that 30-foot requirement. They had the full required distance," said Steve Porter, attorney for neighboring residents.

Michael Price, a 50-year Ridgeway Avenue resident, said the project fails to preserve neighborhood character and called the property the last remaining buffer between commercial and residential areas. Daniel Greene, on nearby Richland Avenue, argued the 10-foot setback reverses proper planning by placing activity closest to homes instead of along the arterial. Richard Wonderling, a Ridgeway resident since 1988, stretched a 10-foot piece of twine to demonstrate the minimal buffer and raised concerns about dumpster noise, odor, and stormwater runoff. Sarah Hunt of Primrose Drive warned that even non-adjacent residents would lose skyline and treetop views as mature trees are cleared. Dylan Maris, a Del Ridge resident with young children, raised traffic safety concerns.

Decisions: Staff recommended approval, and the board agreed 5-1. Board Member Marilyn Lewis acknowledged the tension directly.

"I can't imagine having a four-story building 30 feet from my backyard with balconies overlooking the yard," she said, framing the vote as a choice between two difficult outcomes.

Chair Sharon Bond cast the lone dissenting vote.

What's next: The variance clears the path for the apartment complex to advance through remaining development approvals in St. Matthews.

Board Overrides Staff for Sustainable Home on 200-Year-Old Estate Lot

Why it matters: A Barret Avenue lot that could legally support any commercial use will instead become a custom-designed sustainable residence after BOZA approved all four variance and waiver requests — overriding staff opposition on three of them — in what both the applicant and board treated as a test case for how Louisville handles its handful of surviving 19th-century estate parcels.

Where things stand: Kelly Jones of Sabak, Wilson & Lingo represented Stephen and Emily Riley, who purchased the 0.46-acre C2/R6 lot from Highland Community Ministries. The requests included exceeding the 25-foot maximum front yard setback (requesting 64 feet), eliminating private yard area requirements, waiving the landscape buffer along the commercial/residential boundary, and permitting off-street parking in the principal structure area. Staff supported only the landscape buffer waiver.

The applicant team — including Architect Christopher Fuller of K. Norman Berry Associates and Attorney John Baker — presented historical research showing the lot was part of a row of estates accessed by circular driveways dating to the 1800s.

"A large house set back on a large lot accessed by vehicles from Barrett Avenue is not a departure from the character of this site. It is the character of this site," said Stephen Riley, homeowner and applicant.

Riley told the board the home will incorporate geothermal energy, solar panels, and a native plant landscape plan. He also described what he believes is the first voluntary down-zoning on Barret Avenue: a deed restriction permanently prohibiting commercial development on the parcel.

Decisions: The board approved both variances (6-0), the landscape buffer waiver (6-0), and the off-street parking waiver (6-0), relying on the applicant's justification statements rather than the staff report for the three items staff opposed. The parking waiver directly overrode staff's recommendation.

Shell Sign Denied: Board Holds Line on Dixie Highway Standards

Board Member Marilyn Lewis led the charge against a request by Custom Sign & Engineering to install a 26-foot-3-inch, 95-square-foot freestanding sign at a Shell station at 3802 Dixie Highway in Shively — where the code allows 6 feet and 48 square feet.

Scott Elpers, representing the applicant, said the company wanted to reuse sign cabinets from another location and offered to lower the sign to approximately 14 feet. Staff recommended denial, noting other commercial developments along the corridor have already complied with the monument sign standard and the 35 mph speed limit does not warrant extra height.

"I agree with the staff report. I don't see where the unusual circumstances come in or the special circumstances or the strict application deprives them of reasonable use of this property," said Board Member Marilyn Lewis.

Decisions: Denied unanimously, 6-0. The Shell station must comply with Shively's 6-foot monument sign limit.

Choose Hope Wins Permit for 20-Bed Rehab Facility on West Broadway

Why it matters: West Louisville gains a structured residential substance abuse treatment facility at 1300 W. Broadway after the board unanimously approved a conditional use permit for Choose Hope LLC — with no community opposition and support from the adjacent church and the district councilman.

CEO Brittany Smith told the board the facility will house up to 20 inpatient residents for 28- to 30-day stays receiving ASAM Level 3.1/3.5 care with structured group therapy and 24-hour staff supervision including a nurse practitioner and licensed clinical social workers. Residents are referred from the Department of Corrections, hospitals and community partners. Smith explained that residents who leave the program are discharged and transported to a desired location.

Board members questioned staffing levels, screening processes and operational details. Board Member Marilyn Lewis reminded the applicant of the two-year exercise requirement — referencing the earlier Flip the Script case on the same agenda.

Decisions: Approved 6-0.

Transitional Home Operator Faces April Hearing After Compliance Failures

Staff Member Amy Brooks told the board that Flip the Script Recovery, which obtained a conditional use permit for a transitional home at 432 S. 16th Street in October 2021, failed to exercise the permit within the required two years and never obtained required licensing.

"They are under zoning enforcement for operating, yes," confirmed Amy Brooks, Office of Planning staff.

The board had three options: approve the exercise in business session, continue to a public hearing, or pursue revocation. Members expressed a desire to hear directly from the applicant about why conditions were not met.

Decisions: Continued unanimously (6-0) to the April 20 meeting as a public hearing, which allows both the applicant and community members to testify. Revocation remains a possible outcome.

Minor Items

• Side yard setback variance approved (6-0) for a single-family home at 2619 W. Chestnut Street — a half-foot reduction on each side to accommodate a narrow traditional neighborhood lot. No applicant or public speakers attended. (25-VARIANCE-0142)

• Two variances approved (6-0) for a factory-built home at 2203 Lower Hunters Trace, where the entire lot falls within a 150-foot protected waterway buffer. Donya Pipkin testified he purchased the vacant lot to live there with his family and stop illegal dumping on the site. (26-VARIANCE-0009/0026)

• Non-owner short-term rental approved (5-0, one member absent from vote) at 1817 Flat Rock Road. A neighbor, Autumn Coffee, spoke as neutral but raised questions about screening, noise and lighting. The board facilitated connecting her directly with the applicant through the case manager rather than imposing additional conditions. (26-CUP-0034)

• Minutes from the March 2 meeting approved (5-0, one member absent at start of meeting).