# Board of Adjustment Hearing - August 12, 2024 > Auto-transcribed civic record · August 12, 2024 - **Permalink**: https://meetings.lexingtonky.news/meeting/6183 - **Source video**: https://lfucg.granicus.com/player/clip/6183?view_id=14&redirect=true - **Date**: 2024-08-12 - **Last revised**: August 12, 2024 - **Length**: 22,500 words - **Speakers**: Chair > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Board of Adjustment convened on August 12, 2024, at 1:30 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Harry Clarke presiding as the meeting officer. The board addressed five agenda items during the session, including variance requests and conditional use permit applications from various property owners and organizations throughout the city. The board took action on all five cases, conducting 20 motions and votes throughout the meeting. Four of the five applications involved variance requests or conditional use permits, with outcomes ranging from approval to denial. Two variance requests were approved: PLN-BOA-24-00101 for Jamie Steffen/Fuzion Athletics and PLN-BOA-24-00103 for TAK LLC. The board also approved PLN-BOA-24-00058, a conditional use permit amendment for Crestwood Christian Church. However, the board denied PLN-BOA-24-00104, a variance request from Hellyer Properties LLC, and tabled PLN-BOA-24-00091, a conditional use permit request from First Alliance Church of the Christian and Missionary. The meeting included one public comment from a community member. The session demonstrated the board's role in reviewing zoning-related requests and making determinations that balance property owner needs with community standards and zoning regulations. ## Attendance **Present:** • Harry Clarke • Branden Gross • Carolyn Plumlee • Bob Sturdivant • Linda Tucker • Chad Walker **Absent:** • Raquel Carter **Late:** • None Six members were present for the meeting, with one member absent. ## Votes and Decisions The board took action on 20 items during the August 12, 2024 meeting, with most decisions made unanimously by the six-member panel consisting of Harry Clarke, Branden Gross, Carolyn Plumlee, Bob Sturdivant, Linda Tucker, and Chad Walker. **Postponements and Withdrawals** [timestamp: 00:00] Five cases were postponed to future meetings: - PLN-BOA-24-00084 (MADDEN FAMILY LLC NO 21) postponed to September 9, 2024 on motion by Branden Gross, seconded by Bob Sturdivant - PLN-BOA-24-00036 (DUSTIN AND LAUREN GAGE) postponed to November 4, 2024 on motion by Bob Sturdivant, seconded by Carolyn Plumlee - PLN-BOA-24-00039 (LEXINGTON ISLAMIC CENTER INC) postponed to September 9, 2024 on motion by Chad Walker, seconded by Carolyn Plumlee - PLN-BOA-24-00094 (ARMENTEROS PROPERTY GROUP LLC) and PLN-BOA-24-00095 (CIRENIA MOLINA) both postponed to September 9, 2024 PLN-BOA-24-00097 (BROADWAY TWELFTH) was withdrawn on motion by Carolyn Plumlee, seconded by Bob Sturdivant. **Approved Applications** The board approved multiple variance and conditional use permit requests, including: - PLN-BOA-24-00103 (TAK LLC) variance with construction conditions - PLN-BOA-24-00101 (JAMIE STEFFEN/FUZION ATHLETICS) variance - PLN-BOA-24-00058 (CRESTWOOD CHRISTIAN CHURCH) conditional use permit amendment with 12 conditions - Several short-term rental permits with occupancy limits, including PLN-BOA-24-00086 (CITATION TOWNHOMES, LLC) limited to 6 individuals and PLN-BOA-24-00096 (JOEL AND ABIGAIL FUGATE) limited to 12 individuals **Denied Applications** Two applications were denied in roll call votes with Bob Sturdivant as the sole dissenting vote: - PLN-BOA-24-00104 (HELLYER PROPERTIES LLC) variance request (5-1 vote) - PLN-BOA-24-00099 (ROCK DANIELS) conditional use permit request (5-1 vote) PLN-BOA-24-00091 (FIRST ALLIANCE CHURCH) was continued to a future meeting. ## Public Comment [timestamp: 00:00] One member of the public addressed the meeting during the public comment period. Colette Lane spoke regarding the First Alliance Church parking lot expansion project. Lane expressed several concerns about the proposed development's potential impact on her property and the surrounding area. Her primary concerns included: • Water runoff issues that could affect neighboring properties • The excavation work required for the parking lot construction • The proximity of the proposed parking lot to her property Lane requested improved communication from the church regarding the project details and asked for more comprehensive information about the expansion plans. She emphasized the need for better coordination between the church and affected neighbors to address potential impacts from the development. No other members of the public spoke during the comment period. ## Contested Items Two items generated significant debate during the August 12, 2024 meeting, resulting in split decisions and community concerns. **PLN-BOA-24-00104: HELLYER PROPERTIES LLC Variance Request** The board faced division over a variance request from Hellyer Properties LLC for a taller fence installation. While the majority of board members voted to deny the variance request, the decision was not unanimous, with one member dissenting from the disapproval. The split vote highlighted differing perspectives among board members regarding the appropriateness of the proposed fence height variance. **PLN-BOA-24-00099: ROCK DANIELS Conditional Use Permit Request** This conditional use permit application from Rock Daniels encountered substantial opposition and was ultimately denied by the board. The primary concerns centered on two key issues: the substandard condition of Harry Street, which raised questions about infrastructure adequacy to support the proposed use, and the existing high concentration of short-term rentals in the surrounding area. The board's decision to deny the Rock Daniels request reflected broader community concerns about the proliferation of short-term rental properties and their impact on neighborhood character and infrastructure. The poor condition of Harry Street was cited as a specific factor that would be negatively affected by additional development or increased usage associated with the proposed conditional use. Both contested items demonstrate the board's careful consideration of community impact and infrastructure concerns, though they also reveal the complexity of balancing individual property rights with broader neighborhood interests. The split vote on the Hellyer Properties variance and the denial of the Rock Daniels permit based on infrastructure and density concerns illustrate the challenging decisions facing the board in managing development pressures while maintaining community standards. ## PLN-BOA-24-00101: JAMIE STEFFEN/FUZION ATHLETICS variance request [timestamp: 00:00] The board reviewed a variance request submitted by Jamie Steffen for Fuzion Athletics to reduce the minimum distance requirement between an athletic club facility and a residential zone. Tony Barrett presented the case to the board, providing details on the specific variance being sought and the circumstances surrounding the request. The staff had conducted their review of the application and recommended approval of the variance, contingent upon certain conditions being met. The discussion centered on the proposed reduction of the standard setback requirements that typically govern the placement of athletic club facilities in relation to residential areas. The variance would allow Fuzion Athletics to operate closer to residential zones than normally permitted under current zoning regulations. Following the presentation and board discussion of the merits of the request, the board voted to approve the variance application. The approval came with the conditions recommended by staff, which were designed to address any potential concerns about the reduced distance between the athletic facility and nearby residential properties. The variance approval allows Jamie Steffen and Fuzion Athletics to proceed with their plans for the athletic club facility under the modified distance requirements, subject to compliance with the stipulated conditions. ## PLN-BOA-24-00103: TAK LLC variance request [timestamp: 00:00] The Board of Appeals considered a variance request from TAK LLC to reduce the required front yard setback for a new single-family dwelling construction project. Chris Clendenen presented the case to the board, providing details about the proposed variance and the circumstances necessitating the setback reduction. The request involved modifying standard zoning requirements to accommodate the planned residential development. Staff analysis supported the variance application and recommended approval, though specific conditions were attached to the recommendation. The staff report indicated that the variance met the necessary criteria for approval under local zoning ordinances. The board reviewed the application materials and staff recommendations during their deliberations. No significant opposition or concerns were raised during the discussion of this agenda item. Following their review and discussion, the board voted to approve the TAK LLC variance request, accepting the staff's recommendation and any associated conditions for the reduced front yard setback requirement. ## PLN-BOA-24-00058: CRESTWOOD CHRISTIAN CHURCH conditional use permit amendment [timestamp: 00:00] The board reviewed a conditional use permit amendment for Crestwood Christian Church's place of religious assembly. The application sought to modify existing conditions of approval for the church's operations. John Gretz served as the key speaker presenting information about the proposed amendments to the conditional use permit. The discussion focused on updating the conditions that govern the church's use of the property as a religious assembly facility. Staff provided a recommendation for approval of the amendment with specific conditions attached. The board considered the staff analysis and recommendations during their deliberations on how the modified conditions would affect the church's operations and compliance with zoning requirements. The board ultimately approved the conditional use permit amendment, allowing Crestwood Christian Church to operate under the revised conditions of approval. This decision enables the church to continue its religious assembly activities while adhering to the updated permit requirements established by the board. ## PLN-BOA-24-00104: HELLYER PROPERTIES LLC variance request [timestamp: 00:00] The Board of Appeals considered a variance request from Hellyer Properties LLC to increase the allowable height of a fence within the front yard setback area. Keith Hellyer represented the applicant during the discussion. Staff presented their analysis and recommended disapproval of the variance request, citing insufficient justification for the proposed deviation from the standard fence height requirements in front yard areas. The staff report indicated that the applicant had not demonstrated the necessary hardship or unique circumstances that would warrant granting the variance. During the discussion, the board evaluated whether the request met the required criteria for variance approval, including demonstrating practical difficulty or unnecessary hardship caused by the strict application of the zoning ordinance. The board considered factors such as the property's unique characteristics, the impact on neighboring properties, and whether the variance would be consistent with the intent of the zoning code. Following their deliberation, the Board of Appeals denied the variance request. The denial aligned with the staff recommendation, indicating that the board found the justification provided by the applicant insufficient to overcome the standards required for variance approval. The decision maintains the existing fence height restrictions for the property's front yard area. ## PLN-BOA-24-00091: FIRST ALLIANCE CHURCH OF THE CHRISTIAN AND MISSIONARY conditio [timestamp: 00:00] The Board of Adjustment considered a conditional use permit request from First Alliance Church of the Christian and Missionary Alliance to expand the parking lot for their existing place of religious assembly. Staff presented their analysis and recommended approval of the conditional use permit with specific conditions. However, during the discussion, concerns were raised that required further consideration by the applicant. Key speakers included Daniel Rehner and Colette Lane, who participated in the discussion regarding the proposed parking lot expansion. The specifics of the concerns raised were not detailed in the available materials, but they were significant enough to warrant additional review. Rather than proceeding with a decision, the applicant requested a continuance to address the issues that had been identified during the board's review. This request was granted, and the item was tabled for future consideration. The conditional use permit application will return to the Board of Adjustment at a later meeting once the applicant has had the opportunity to respond to the concerns raised and potentially modify their proposal accordingly. --- ## Decisions - **Motion** — postponed (6-0): Postponement of PLN-BOA-24-00084: MADDEN FAMILY LLC NO 21 to September 9, 2024 - **Motion** — postponed (6-0): Postponement of PLN-BOA-24-00036: DUSTIN AND LAUREN GAGE to November 4, 2024 - **Motion** — postponed (6-0): Postponement of PLN-BOA-24-00039: LEXINGTON ISLAMIC CENTER INC to September 9, 2024 - **Motion** — postponed (6-0): Postponement of PLN-BOA-24-00094: ARMENTEROS PROPERTY GROUP LLC to September 9, 2024 - **Motion** — postponed (6-0): Postponement of PLN-BOA-24-00095: CIRENIA MOLINA to September 9, 2024 - **Motion** — withdrawn (6-0): Withdrawal of PLN-BOA-24-00097: BROADWAY TWELFTH - **Motion** — passed (6-0): Approval of PLN-BOA-24-00103: TAK LLC variance request - **Motion** — passed (6-0): Approval of PLN-BOA-24-00101: JAMIE STEFFEN/FUZION ATHLETICS variance request - **Motion** — passed (6-0): Approval of PLN-BOA-24-00058: CRESTWOOD CHRISTIAN CHURCH conditional use permit amendment - **Motion** — failed (5-1): Disapproval of PLN-BOA-24-00104: HELLYER PROPERTIES LLC variance request - **Motion** — postponed (6-0): Continuance of PLN-BOA-24-00091: FIRST ALLIANCE CHURCH OF THE CHRISTIAN AND MISSIONARY conditional use permit request - **Motion** — passed (6-0): Approval of PLN-BOA-24-00052: TAMMY FIEFHAUS conditional use permit request - **Motion** — passed (6-0): Approval of PLN-BOA-24-00086: CITATION TOWNHOMES, LLC conditional use permit request - **Motion** — passed (6-0): Approval of PLN-BOA-24-00092: DHARMA LLC conditional use permit request - **Motion** — passed (6-0): Approval of PLN-BOA-24-00093: SILVER CHAIR ESTATES LLC conditional use permit request - **Motion** — passed (6-0): Approval of PLN-BOA-24-00096: JOEL AND ABIGAIL FUGATE conditional use permit request - **Motion** — passed (6-0): Approval of PLN-BOA-24-00105: J.A. HENDERSON conditional use permit request - **Motion** — passed (6-0): Approval of PLN-BOA-24-00089: HARRISON SIMMS conditional use permit request - **Motion** — passed (6-0): Approval of PLN-BOA-24-00090: AARON PROPES conditional use permit request - **Motion** — failed (5-1): Disapproval of PLN-BOA-24-00099: ROCK DANIELS conditional use permit request --- ## Full transcript I saw the light fade from the sky On the wind I heard a sigh As the snowflakes cover my fallen brothers, I will say this last goodbye. Night is now falling, so is this day. day the road is now calling and i must away over hill and under tree through lands where never light is shown by silver streams that run down to the sea under clouds beneath the stars over snow Oh, on winter's morn, I turn at last to pass badly home. And oh, where the road then takes me, I cannot tell. We came all this way But now comes the day To bid you farewell Many places I have been Many sorrows I have seen But I don't regret No will I forget All who took that road with me Night is now for me So when's this day? The road is now calling And I must wait Over hill and under tree Through lands where never light is sharp By silver streams that run down to the sea Through these memories I will hold With your blessing I will go To turn and last To pass That lead home And oh, where the road then takes me I cannot tell We came all this way Who now comes the day To bid you farewell I bid you all A very fond farewell I've been alive forever And I wrote the very first song I put the words and the melodies together I am music and I write the songs I write the songs that make the whole world sing I write the songs of love and special things I write the songs that make the young girls cry I write the songs, I write the songs My home lies deep within you And I've got my own place in your soul Now when I look out through your eyes I'm young again even though I'm very old I write the songs that make the whole world sing I write the songs of love, special things I write the songs that make the young girls cry I write the songs, I write the songs Oh, my music makes you dance And gives you spirit to take the chance And I wrote some rock and roll so you can move Music fills your heart Well that's a real fine place to start It's from me, it's from you, it's from you, it's from me It's a worldwide symphony I write the songs that make the whole world sing I write the songs of love and special things I write the songs that make the young girls cry I write the songs, I write the songs I write the songs that make the whole world sing I write the songs of love who's been sing I write the songs that make the young girls cry I write the songs, I write the songs I am music and I write the songs Don't go changing To try to please me Never let me down before Don't imagine You're too familiar And I don't see you anymore I would not leave you In times of trouble We never could have come this far. I took the good times. I'll take the bad times. I'll take you just the way you are. Need to know that you will always be. The same old someone that I knew Oh, what will it take till you believe in me The way that I believe in you I said I love you That's forever Thank you. Hi, everyone. This is Denise Gray, your councilwoman for the 6th District. For the second year in a row, I am honored to offer you free family fun in the 6th District. Our first event will be movie night at Mary Todd Elementary. We will be showing Kung Fu Panda 4. Along with the movie, we're going to have fun events such as the park and play will be present for our children, as well as we're going to have food trucks there to feed us all. I welcome you to tell a friend and bring a neighbor with you to Mary Todd on July 13th. Festivities begin at 6 30 p.m. Our next movie night will be held on Saturday, August 10th, where I am right now at Constitution Park. Festivities begin at 6 30 p.m. Once again, I welcome you to tell your neighbor, your neighbor's neighbor, and bring a friend with you to see the movie The Marvels. Right here at Constitution Park in the 6th District, we will have food trucks, games, and more. And finally, who has talent? One thing the 6th District has is tons of personality and tons of talent. So for the first time ever, we are going to have a talent show for you, the residents of the 6th District. And I have opened it up to the entire city of Lexington to be part of 6th District Presents Who Has Talent. This will be your opportunity to showcase your talent before your neighbors in all of Lexington. It will take place at Constitution Park on Saturday, August 24th, beginning at 3 p.m. We will have local celebrities who will be here to judge you and to applaud you for the talent that you do have. Sign up today by scanning the QR code. And lastly, of course, don't forget to like and follow the 6th District on Instagram and on Facebook. And don't forget to sign up and subscribe to the Sixth District newsletter, where I include tons of information to keep you informed of what I'm doing down at the Government Center. As always, it is a pleasure to be your councilwoman and to serve you every single day. Please contact me if you have any questions. See you soon. Don't ask me why Yesterday you were an only child Now your ghosts have gone away Oh, you can kill them in the classic style Now you parlez peu francais Don't look for answers You took your chances Don't ask me why Don't ask me why Thank you. What you see, you're not so clear Hey, even the sky's so very dear You're a shining star No matter who you are Shine bright to see What you can truly be, what you can truly be Thank you. So my work had just begun Yeah Oh my words are strong Oh yeah Girl I'm messing now I got my own up yeah Oh yeah So will you find your soul For me Why don't you listen to For his words of he Be your child A greater sense With some reason Yes, I give you it. Shining star for you to see what your life can truly be Thank you. It ain't so hard to do with you now Gotta get a message Get it all through Oh, my mama's gone to ask you why Oh, oh, oh, it's still a music Oh, oh, it's still a music Oh, oh, it's still a music All the time Well I know You know better Everything I say Meet me in the country For a day We'll be happy And we'll pay Oh, I'm going to dance the blues away If I'm feeling good to you and you're feeling good to me There ain't nothing we can do or say Feeling good, feeling fine Oh, baby, let the music play Oh, let's do the music Oh, wow, still the music Oh, wow, still the music For the town Like a lazy ball of river Surrounding candles in the sky And the crowd is growing bigger Listening for the half of the sound And I got to let this down Oh, why listen to the music? Oh, why listen to the music? Oh, why listen to the music? Oh, why listen to the music? Oh, why listen to the music? For why, this is a beautiful place For why, this is a beautiful place For why, this is a beautiful place For why, this is a beautiful place I'm so sorry. When you need a bit of love, cause your man is out of town. That's the time you get me running, and you know I'll be around. I'm a fool to do your dirty work, oh yeah. I don't want to do your dirty work no more. I'm a fool to do your dirty work, oh yeah Light the candle, put the lock upon the door You have sent a maid home early Like a thousand times before Light the castle in his corner In a medieval game, I foresee terrible trouble And I stay here just to say I'm a fool to do your dirty work, oh yeah I don't want to do your dirty work no more I'm a fool to do your dirty work Oh yeah I'm a fool to do your dirty work, oh yeah I don't want to do your dirty work no more I'm a fool to do your dirty work, oh yeah I don't want to do your dirty work no more I'm a fool to do your dirty work Oh yeah I don't want to do your dirty work Yeah! Well, I play an old guitar from nine till a half past one I'm just trying to make a living watching everybody else having fun Well, I don't miss much if it happens on the dance hall floor Mercy, look what just walked through that door Well, hello, T-R-O-U-P-L-E Tell me what in the world you're doing L-O-N-E Yeah, say hey Good L-O-O-K-I-N-G Yeah, I smell T-R-O-U-B-L-B Yeah I was a little gitty baby When my papa hit the skiers Mama had a time, time to raise nine kids She told me not to stir Cause it was important life She did the best she could to try to raise me right But your mama never told me about nothing like a Y-O-U And your mama must have been another good-looking honey too Hey, hey, good L-O-K-I-N-G Well, I smell T-R-O-U-B-A Well, you're sweet-talking, sexy-walking, honky-talking, baby The men are gonna love you and the women gonna hate you Remindin' them of everything they're never gonna be Maybe the beginning of World War III Cause the world ain't ready for nothin' like a Y-O-U I bet your mama must've been another good-lookin' mama too Hey, say hey, good L-O-O-K-I-N-G Well, I smell T-R-O-U-P-L-E I say hey I say hey I said hey, I said hey, I said hey I said hey, I said hey I smell too old, you build it Woo! Woo! Pretty woman Walking down the street Pretty woman The kind I like to meet Pretty woman, I don't believe you It must be true No one can look as good as you Mercy Pretty woman, won't you pardon me Pretty woman, I couldn't help but see Pretty woman, oh you look lovely Ask me, are you lonely just like me? Pretty woman, stop a while. Pretty woman, talk a while. Pretty woman, give your smile to me. Pretty woman, yeah, yeah, yeah. Pretty woman, look my way. Pretty woman, say you'll stay with me. Because I need you, need you tonight. Pretty woman, don't walk away Pretty woman, don't make me cry Pretty woman, don't walk away Okay Even if the way must be okay I guess I'll go on home, it's late There'll be tomorrow night Who waits? What do I see? She's walking back to me Oh, oh, oh, oh, oh, oh I felt like number one, the height of summer. I'd never felt that strong like a rock. I was 18 Didn't have a kid Working for penis Not a dime to spare I was leaning Solid everywhere Like a rock My hands were steady My eyes were clear and bright My walk had purpose My steps were quick and light And I held firm To what I felt was right Like a rock Like a rock I was strong as I could be Like a rock Nothing ever got to me Like a rock I was something to see Like a rock And I stood arrow straight Unencumbered by the weight of all these hustlers and their schemes. I stood proud, I stood tall, high above it all. I still believed in my dreams. Thank you. Twenty years now Where'd they go? Twenty years I don't know I sit and I wonder sometimes Where they've gone And sometimes late at night Oh, when I'm bathing the firelight The moon comes calling a ghostly wife And I recall I recall Like a rock Standing arrow straight Like a rock Charging from the gate Like a rock Carrying the weight Like a rock Oh, like a rock The sun upon my skin Like a rock Heart against the wind Like a rock I see myself again Like a rock Oh, like a rock Oh, no. Thank you. I'm going to go to the next video. so Thank you. Thank you. I'm going to go to the next video. Good afternoon ladies and gentlemen. I welcome you to this meeting of the Board of Adjustment. I'm Harry Clark and I'm an assistant chair of this body. And because of the absence of our chair, who has been called jury duty, I will report that to you, doing her citizen's duty, I have been asked to chair this meeting. So the first thing I would like to do is ask you to be sure if you're going to speak at this meeting, if you have any plans to do that, you need to be signed up in the back. And if you would do that, that would help our staff keep track of everybody. We would appreciate that. The first item of business is the approval of the June 2024 Board of Adjustment Minute Meetings. If I would have a motion to accept the minutes, unless we have exceptions. I make a motion to approve the minutes. I'm sorry, Mr. Clark, the minutes were not distributed for review. We put them on the agenda because we always are hopeful that we'll get them to you so you have time to review them. But they were not quite ready. So we don't want to approve those quite yet. So we will skip that. The next thing I would like to do, if you have plans to speak for or against any of the applications this afternoon, I need to swear you in. So if you would stand and raise your right hand, please. And respond to this. I swear to tell the truth, the whole truth, and nothing but this truth. Respond by saying yes, if you would. Thank you very much. The next thing we will do is sound the agenda. We do that to assure ourselves that the applicants are here and ready to present their case as necessary. And so I will go through the agenda and ask that if you are here as an applicant to identify yourself in each case. The first case is a postponement. PLN BOA 2484, the Madden family. Is someone here to respond to that? No, sir. They did not update their justification and application materials until this past week, so they had asked for a postponement to the September year. And we can act on that without them being here? Yes. Okay, good. So, board, we have a postponement. You see it on the agenda, and so do I have a motion to approve the postponement. Moved. Motion moved. I hear a second. I hear a second. So motion made and seconded. All in favor, please indicate on the chart. Thank you. That's unanimous. Next we have PLNBOA 24-101, Jamie Stephan Fusion Athletics. Thank you, sir. Next is PLNBOA 24-103, PAC or TALK LLC. Mr. Clark. We need to ask if there's any objectors in the audience. This one was recommended for approval, but if there are objectors to that case, we'll need to have a full hearing. If there are no objectors, then we can put it on the abbreviated docket. Yes, I knew that. Here to help. It'll be a long afternoon, folks. No, we're having fun, I can assure you. But let me go back to BOA 24-101, Jamie, Stephan, and Fusen Athletics. Is there objection, any objections to that? Yes. All right. Thank you. Now, those that we have people to speak, we will put those on toward the end of the agenda agenda so that we will put that at the end of the agenda so that the applications that are quick, we can get those out of the way and then spend more time at the end of the agenda. So. How did that one go in? To be heard. No opposition. What? That will be number one on the second part of the agenda. All right, thank you Tracy. All right, going ahead, PLNBOA 24-103, TAC LLC, we have here, all right, thank you. Are there objectors or will there be someone who will speak to this application? Other than the applicant itself. All right. No objectors. All right. Thank you. All right. Moving ahead. PLN BOA 24-104, Hillier. Thank you, sir. Are there any objectors? anyone wanting to speak against this seeing none you'll be number two on the agenda wait this is still is it still disapproval by the staff so i think we'll hear this one so we'll have a that will need a full presentation mr hilliard's the hillier properties llc will need a full presentation so it would be the second full presentation That was 104, right? Yes. 104, yeah. At the bottom of page two. That is, that is, that is, staff has recommended disapproval of that, so that will be put on the second part of the agenda. And. Thank you. All right. Our next is PONBOA-36, Dustin and Laura Gage. Mr. Gage had contacted the staff earlier today indicating that they would request a postponement until the November public hearing, and that date is November 11th, 2024. They are continuing to work on their application and were just unable to attend today because of child care needs. All right. We have a suggestion for a postponement in November. What's the date, Tracy? 11th. 11th. Do I hear a motion from the board? So moved. Second. I'm sorry. I think we're meeting early in November. November 4th, excuse me, November 4th. November 4th. Because of Veterans Day. So this is acceptable by the motion and second November 4th. All right, all in favor, please indicate on your screen. Okay, that's unanimous. Next is a postponement, the Lexington Islamic Center PLNBOA-39 requesting a postponement to the September 8th board meeting. Do I hear a motion? September 9th. She told me that. Do I hear a motion? Motion. Motion moved and seconded. Thank you. Seconded. Carolyn. Thank you. Next is PLNBOA 24-52, Tammy Fife House. Thank you, sir. Are there people who would like to speak in objection to this? Don't see any, so you'll be number two on the first agenda. all right thank you next is uh peel in boa 24-58 crestwood christian church yes we do need more votes including mine okay thank you that's unanimous all right 58 chris wood christian church here thank you sir and do are there people who wish to speak against this motion this this application seeing no one it would be number three on the first agenda Next is PLNBOA 2486, Citation Town Homes. Thank you, sir. are there are there people who would like to speak against this application seeing none you'll be number four on the first agenda Next is PLN BOA 89, Harrison Sims. Thank you, sir. Are there folks who would like to speak against this application? Yes, there is. All right. That will go to the second agenda. All right, thank you. Next is PLN VOA 24-90, Aaron Propos. Thank you, sir. is the staff has recommended disapproval on that and so we will put that toward the end of the agenda And next is PLNBOA 24-91, First Alliance Church. Have a representative. All right, thank you. And do I have someone, anyone who needs to speak against this? All right. Thank you. We will put that later in the agenda. Next is PLN VOA 24-92, Dartmouth LLC. Thank you. Anyone would like to speak against this? Seeing no one, that will be in the top agenda. Thank you. Next is PLNBOA 24-93, Silver Chair Estates. Thank you. Are there objections to this? Someone would like to speak against this? Anyone? All right, thank you. It will be number six on the first agenda. As you can tell, we have a fairly lengthy agenda today. Next is PLNBOA 24-94 Armenteras Property Group. Thank you, sir. Anyone speaking, would like to speak against this? We're actually requesting postponement until the September session to continue working on this okay can you give us a reason for that for the record uh yet to continue we pardon me oh okay uh we're working to adjust the application to make sure if it's in what i'm in line with what the board is seeking all right good thank you thank you so we the board heard the request for postponement to the september the september the ninth yes okay do i hear a motion so moved Motion made and seconded. Okay, thank you. All in favor, indicate on your computer screen, please. All right, thank you. That's unanimous. Thank you. I approve. Thank you, sir. Next is PLNBOA 24-95, Serenia Molina. Good afternoon. My name is David Jarman. I reside at 1869 Farmview Drive here in Lexington, and I'm representing the applicant, Serenia Molina. In this case, PLNBOA 24-95. We respectfully request a postponement until the September hearing. Thank you. All right. Thank you, sir. Any further comments? Okay. We'll hear a motion to postpone September the 9th. Second. We'll have a motion to oppose, do we hear a second? Second. And second. Thank you. Thank you. All right. All in favor, indicate on your screen. All right, and next is DLNBOA 24-96, Joel and Abigail Fugate. All right, thank you, sir. Now are there objections to this? Anyone speaking against this? Not seeing anyone, that will be number seven on the first agenda. Mr. Clark, are we going to break up the short term rentals and have them? So this would actually be on a third list? You are right. Thank you. Yeah. Yeah. Thank you. So we'll come back to that. We can explain that before once you're done. Yes. staff will explain that all right next is plnboa 24-97 broadway 12 we just we that is a withdrawal and the staff asked if we could make a motion to approve that withdrawal so if i could hear a motion to that effect motion made second and a second All right. Thank you. Next is PLNBOA24-99 Rock Daniels. What's that? We need to vote. Oh, we need to vote. We do need to vote. Thank you. So on the withdrawal, we had motion, but we need to vote, right? I need to vote. Okay, thank you. Yeah, all right, fine, thank you. That's approved. So now we're on PLN BOA 24-99, Rock Daniels. All right, thank you. Are there, this is for disapproval. Staff has recommended disapproval. So this will be toward the end of the agenda. And then next is PLNBOA 24-105. Now that's an unhosted short-term rental queue. So we are there. You can see if it will be abbreviated or full hearing. So is there someone present who wishes to have that item heard for with opposition or you're represented yeah so i think it can be abbreviated um so uh tracy's explain explain to me what what what we're doing now i'm i'm a little out of order here so chairman carter she typically takes the abbreviated items that are not short-term rentals so that would be variances and there are a few conditional uses for churches today so having those abbreviated go first then going to the full hearings that again are either variances or conditional uses that are not short-term rentals then the staff would do a presentation about short-term rentals holistically to kind of make sure we're all on the same page both the members and the audience and then we'll take those in the same manner abbreviated and full all right okay but should we So did we approve Rock Daniels, did we not? We put the Rock Daniels application for Harry Street on the full. Yeah. Yeah, because it's recommended for disapproval. So then I have our first case to be reviewed by the board today as on page 2, PLN BOA 24-103. We still have JA Henderson 105, do we not? He's here. The applicant is here. He's here. Good. All right. Thank you. That's where we were. And there are no objectors. And that's also conditional use permit. So that staff has recommended approval of that. So do I have a motion to approve? We don't need a motion to approve quite yet. We're just going through the list. I understand. I understand. All right. We're good there. there are any objections to to uh to that the jay henderson application any objections to that anybody going to speak against it all right good and mr and mr chair yes sir we would often have the applicant come up and introduce themselves for the record and put on the record that they're agreeable to the conditions yes before we move before we move yeah thank you all right that's that takes care of our agenda and uh give me just a moment to to put the short-term rentals into place and we'll we'll take it from there Thank you. The President. All right, I think we're ready to start our agenda. And the first case is 103, yes, that's right. Okay, thank you. It's 103 TAC LLC. And so if the applicant would please come forward, please. Our representative. Afternoon, Mr. Chairman, members of the board, staff. I'm Chris Clendenin. I'm here today representing TAK LLC. I'm joined today by the principal member, Austin Rawlings. We've read the staff recommendation report. We agreed to the conditions. This is an application for a variance. Real quickly, it's located on Bassett Street, Bassett Avenue over in the Kenwick neighborhood. The previous structure was torn down. What we're looking for because in adjoining property under Article 15 of the zoning ordinance makes you average the setback. The setback on adjoining property is about 80, 90 feet. And it's some anomaly on the block. All the rest of the houses on that side of the street are between 17 feet and 22 feet on the setback. We'd like to get a variance. We would have to, under the ordinance, we would be required to have our setback on the new structure be 41 feet minimum. What we'd like is a variance so we can have the setback at 20 feet so we can be in conformity with the remainder of the street and the houses across the street. So that's the reason for the request. It's fairly straightforward and simple. We're just looking to maintain the character of the existing neighborhood and have the same setback or similar setback to all the other properties next to this property. So if you have any questions, we're happy to answer that. Any questions from the board? Hard hearing none. I'll entertain a motion. Mr. Chair, I move for approval of PLN VOA 24103, TAC LLC's request to reduce the required front yard setback from 41 feet to 20 feet in order to construct a new single family dwelling unit within the defined infill redevelopment area in a mixed low-density residential zone on property located at 72 272 Bassett Avenue based upon the staff's report today's testimony and subject to the two conditions thank you sir I have a second but my best Walker any further any further questions or comments? All right, please vote on your computer. Thank you. That's been an announcement. Thank you, sir. Mr. Chair, I noticed that Mr. Barrett returned without the neighbors and I don't know if that means he's no longer has opposition. That's a good point. That's a good point. Yes, sir. Would you please. Thank you for that observation. Yes, we did meet with the neighbors. Tell us your name, please. Oh, I'm sorry. Tony Barrett with Barrett Partners here on behalf of Jamie Stephan Fusion Athletics. We did meet with the neighbors and had a very productive conversation with them, and they understand our concerns, and we understand their concern, and we'll agree to meet as neighbors and be good neighbors and work things out amongst ourselves. So I appreciate that. But yes, they are satisfied and not in opposition with our request. All right. Again, the name on the application, please, sir. It's PLNBOA 24-00101, Jamie Steffen, slash Fusion Athletics. Okay. Got you. Thank you, sir. We'll take that up immediately. All right. Thank you. Since this was the first agenda, do we have any other people that would like to speak against this application? Just to be sure, we're good. All right. We're good there. so let's go back to the first of the agenda and anything else you'd like to say about your project please sir I'll just say that we appreciate the recommendation for approval and we're in agreement with four conditions and agreeable to those so thank you thank you sir any comments from the board? questions? And I hear a motion please. Motion to approve PLN BOA 24-101. Jamie Steffen, Fusion Athletics, request a variance to reduce the minimum distance from an athletic club facility to a residential zone from 40 feet to 25 feet in a professional office P1 zone at 1122 Oak Hill Drive. Do I hear a second? Second. Motion made and second. Following conditions recommended by staff. Yes. Any further discussion? I'll entertain a motion. We just had a motion. So if you'll vote on your computer, please. All right. That's unanimous approval. All right. Thank you very much. Thank you. So I believe we're in PLNBOA 24-104, is that correct, staff? No, I'm sorry. I'm sorry. It's my fault. Crestwood is 58, PLNBOA 24-58, Crestwood Christian Church. The applicant please come forward, please. I'm John Gretz, and I represent Crestwood Christian Church. And we're here to request that one of the conditions of C-0069 be removed. It's condition 5, where we were requested to lock off a portion of our parking lot every evening. We find that difficult to do because we have many evening activities with different folks being there. And we'd like to get that request removed. we know of no time that we had issues with the neighbors or the neighborhood about not locking off that portion of the parking lot right thank you i remind the board that number five has been deleted and number seven has been modified so is any further discussion questions from the applicant And do you agree with the conditions that have been set forth there? I think there were. Were you addressing me? You obviously do. So all right, do I hear a motion? Sorry, did you say you were in agreement with the conditions? You are in agreement with the revised conditions? Number five? Well, deleting number five, but number seven, changing the lighting. Oh, yes. We have made the changes to the lighting. It's directed away from the neighbors. Yes. It is directed away from the neighbors, and it is on a motion sensor, so there is no light that comes into the neighbor's yard now. Well, we've received an email, so I just want to make sure that the board is aware that some of the neighbors do still think there's light coming into their property. When did you receive that email? This morning. This morning? Mr. Millay, is that correct? We weren't aware of that. we we were asked to put that particular light that's back in that area on a motion sensor and that was done there other lights have been on since 2000 and no one has ever made us aware that there is an issue with those lights being on This problem arose when the storm occurred in 2023 in February, and we lost five trees that were 25 foot tall, and we had those removed and replanted the trees. I'm not sure what we can do about the existing lights, because they were installed to meet the condition 7. They point away from the neighborhood and they point down towards the ground. I think what may need to be done is either a lighting study or verification that the light at the edge of the property meets that 0.5 light candles or foot candles just to verify that. there is always i think spillover of light because you're you know you're putting a light fixture 25 feet in the air and the neighboring properties maybe sit lower and so they can visually see that i think we just want to minimize the light trespass as much as possible so we we will try to do that okay All right, Tracy, is there any reason why we can't continue to make a motion here? All right, I entertain a motion. Chris Wood Christian Church application? I did. Carolyn Plumlee has moved and Linda Tucker has seconded. Any further comments? Thank you. Mr. Chair, I move approval of 2458 Crestwood Christian Church request to amend an existing conditional use permit for a place of relief family in order to modify conditions of approval in a single family residence R1C property located at 1882, 1882 Bell Fonte Drive. with the 12 conditions and the staff findings of approval. Do I have a second? Second. Second. Second. I just wanted to make sure we're on the same page. Okay. All right, thank you. Everybody but me, I suspect. Yes, it's approved unanimously. Thank you, sir. Thank you. Yes, I've got them right here. And actually, I had that down before I got here. Okay, so this is going to be our order for short-term rentals. That is... These are the short ones. See, you have some of these that are... Yes, gotcha. Gotcha. Yeah, it's very helpful. Thank you. So now we're moving into... We did these to approve this. And we already did Jamie. Right. So now we're moving into these two full. Okay. Yeah. Okay. Here it is. Which one's over here? Oh, yeah. Yeah. Okay. So we haven't finished all these yet, have we? Well, because they're short-term. rentals these are the short terminal is fugate short-term yep it is okay I didn't have it yeah never mind so that is short-term rental and so is Henderson why did not do that okay so we're hell you're now okay That was November 11th. That was November 11th. Oh, that one was. Sorry. So whatever hell you're down. Okay, good. Thank you. All right, the next application is PLNBOA 24-104, Helyar Properties. that has been recommended for disapproval by the staff. So I'll ask the staff to explain their disapproval. So in this particular case, the staff has reviewed the request from Hell Your Properties LLC and they are requesting a variance to a front yard fence. for property located at 1697 peabody way that's in district 11. the zoning ordinance restricts fences between the front of a structure and the right-of-way to only four feet and the applicant believes a six-foot fence would be appropriate for their property the property is located at louis place and its intersection with lee's town road and peabody way And so if we look here, I don't have to turn around, I forget that. Peabody Way is a connector street between the Townley Center project and the Meadowthorpe Shopping Center with Kroger. And the subject property is here. It's a daycare, and they have been operating there for some time. They do have frontage along Leastown Road as well, and then frontage along Louie Place. So the location, currently the site does have a fence for the play yard for the daycare that allows for the children to be protected from passerbys and also vehicular traffic. And the application is to fence the entire parking lot associated with the daycare as well. So again, this is the daycare view from Louie Place. Yeah, Louie Place. And then the entire current fence is along, again, Louie Place up here next to the structure. And the applicant is asking to fence the entire parking lot between the structure and Peabody Way. The staff could not find any particular reason that are sufficient justification in relation to the zoning ordinance requirements or KRS 100. There don't seem to be or appear to be any special circumstances that are unique to the subject property that do not generally apply to land in the general vicinity or in the same zone that justify the need for the variance. a four foot tall fence in the front yard are typical even for our business zones and the applicant has not provided sufficient information to determine that strict enforcement of the zoning ordinance will result in an unnecessary hardship again a four foot fence we believe could provide the necessary physical barrier along the edge of the property rather than a six foot tall fence and then approval of the requested variance could have a negative impact on the walkability of the immediate vicinity when fences are located in close proximity to sidewalks it tends to create a bit of a block for visual access to the either the business or to the surrounding area and it could have a negative impact on the mixture of business uses in this area so again the staff could not support the request to reduce or sorry increase the fence height at this particular location. And I'm happy to answer any questions or I know the applicant is here as well. Question from the board? Just to be clear the presentation said approval. Oh. So it was disapproval. It is for disapproval. Okay. Yes. I think you have a staff report and on the agenda just to clarify it's recommended for disapproval at this time. Any questions from the board to the staff all right thank you tracy yes sir yes hello good afternoon to the board and the staff um it's a good presentation with the maps and stuff i didn't have that available so i'm glad that you you had that um my name is was Keith Hillier. I represent Hillier Properties and the daycare at the location shown on the maps, Care Bears Daycare. Care Bears has an enrollment of about 80 children from infant age up through preschool and pre-K and then a few school-agers up to age 12, depending on what they at county schools are doing. And they employ about, we employ about 15 teachers. The reason for the request for the fence and the height variance is the current parking lot is open and we want to provide the safest environment possible for the children, for parents, for the teachers, and for our property. With that current parking lot being open, what it does is it invites a lot of foot traffic across the parking lot, and most of those people are not affiliated with the daycare in any way. Also with that parking lot being open. People will park their cars in the lot and just hang out. And they do that at all hours of the day and the night and in the morning we find their little packages of beer bottles and trash in the parking lot. So the people who are camping out in the parking lot are are not good people as far as we're concerned. We feel like it's a safety concern for our folks and currently the map that was shown to the right of the property is McDonald's. I'm sorry I don't have a pointer but you know where the building is kind of on the right hand side into the right of that is McDonald's. In the bushes there we currently have an encampment of homeless sleeping and living in the bushes. So that is a very high concern. And previously we also had that situation in the back of the building and eventually we got that cleared out. But that seems to be an ongoing and continuing worsening situation for us and certainly with the children we don't want that type of environment to exist. We've also had folks try to tailgate parents into the building to access the building and that's a pretty scary situation to happen. Most of the ladies, my wife is a director and owner of the daycare. Most of the teachers there are women. Obviously children of all ages from zero mostly up to six seven that there are some school ages depending on the year. But very scary situations have occurred from people trying to enter the building. As far as the property is concerned what we've had a big problem is is people come in stealing the catalytic converters from the bands that are used to pick up the children from the school. So the teachers go to start up the band to pick up the children and blah blah blah big noise, no catalytic converter, takes weeks to get fixed, thousands of dollars. We've got cameras on the outside of the building and we show the police here's the guy, he's taking our stuff. He's taking the catalytic converter for underneath the car and they know they're being filmed. They just keep their head turned away. So we're kind of at a loss what to do with that. So these are just some of the things where we feel like the right thing to do is enclose that parking lot and enclose it with a height of a fence. It can't just be hopped over. Four foot is too low, it will just be hopped over. So we would like to go with a very attractive fence made out of black metal with vertical posts. This type of fence is used typically around swimming pools and residential areas. It's very attractive. And you can see through it. And that's what we would like to do. And it's for the safety of the children and the teachers and in our staff at the daycare. The cost of this from low, according to Lowe's, we've got a proposal from Lowe's, it's north of $30,000. We think before it's done, it's probably more like 35 to 40 because we think we need to go a little wider and do some things differently with the gating for the in and the out but we feel like even though it's a hardship it's worth the cost to protect our business and our children and the teachers that work there so I hope that I'm providing enough enough information for you to change the to disapprove to approved I wasn't aware of this until I received the agenda and I walked in the door and read it so it was a little surprised and disappointed if there's anything we can help providing information or documentation that would be helpful to the board to consider we really appreciate it so that's that's all I had do you have any questions all right thank you sir I I will entertain comments or questions from the board. I have a question. Yes, sir. On your diagram here, your existing five-foot fence that goes along Louis Place towards Lee's Town Road and then across the back of the property. What type of a fence is that? The existing fencing? Yes. It's final. Actually, the fencing that was shown was a wooden fence that enclosed the playground, and it was only about three foot tall so what was happening is the locals were popping the fence messing with the playground equipment damaging it and then behind the building it was not fenced and between the daycare and McDonald's in the back was not fenced and the homeless were camping out and leaving their trash and sleeping out and because of that we put up a vinyl fence and I don't know what what diagram you're looking at maybe it's existing fencing but the existing fencing is is actually vinyl okay it says five foot fence fiber it could be sick five or six yes sir full disclosure yeah so the The reason why that was put up was to help with the homeless. And as soon as they walk out the back door to the building, there's a playground and there could be somebody laying there sleeping or drinking. All right, thank you, sir. Question. Question, Ms. Pumbly? Yes, thank you, Mr. Chair. My question would be about the diagram of the proposed fence. Yes, ma'am. It has two gates. Yes, ma'am. those gates be controlled so that people just can't walk in will they be on digital control or how are you doing those yeah if we had a lot of money ideally that's a great question and if we had a lot of money ideally we we'd like to put those on some kind of electronic control but there's no electricity out there so we'll have to do it manually and the gates will swing out in the morning when when the daycare opens and then they'll have to be manually closed and locked at the end of the day. Thank you. Are there gates there now? I'm sorry? Are there gates there now? Currently, no, sir. You, but you do plan to put gates up when you put a fence up? Yeah, because otherwise you still got, we still have traffic coming, car traffic coming in and people hanging out in their cars and drinking and doing things we don't want done. and then they're there when we open the daycare in the morning and it's kind of scary for the teachers i don't know what they're going to be exposed to when they arrive to work so anyway we we want to enclose that parking lot as much as possible um so the gates would be open during the day but uh during the night they they would be the intention would be to have those locked but that's part of your plan for the defense Let me just add that we have a lot of requests for a fence that's taller than four foot in front of a residence or business. And so we have been pretty particular about following the law in this. And so let me just add that it's a difficult case because in some cases we see the need, but to recommend a higher fence is somewhat difficult because it sets a precedent. And so I just want to say that to you because if there's any, depending on how the vote goes, that might be something that we would consider and then you could consider as well. Any more comments, questions from the board? I've got one more question. Yes, sir. All of your issues at the property concerning the need for this fence are security issues. Is that correct? Oh, yes, sir. They are. Thank you for asking. Any further comments? Staff has recommended disapproval. Do I have a motion? One way or the other. I'm sorry, am I supposed to do something? No. I just didn't know if staff wanted to respond to any of the comments from the applicant or not. Oh, no, I'm sorry. This is my first board meeting. But thank you for hearing my case. I hope that the information I provided will be helpful in changing the current status from disapproval to approval. Did you give us your name at the beginning of this? I did. If I didn't, I'm sorry. My name is Keith Hellyer. Okay. Good. Thank you, sir. I wasn't sure. I wasn't sure, so I thought I'd ask. I may have. All right. I have one more question. All right. I have one more question if you would please. This fence proposal, a four-foot fence or a six-foot fence, how is the top of the fence? Does it have those little points on it or is it just flat? We're going to put razor wire. I'm sorry. I was wondering. Can you pull the picture back up? Is that possible? We've got these. Oh, it's not a lot. Oh, I'm so sorry. We've got these. There's a, there's a photo, on the right of the layout, there is a photograph of the fence, Hannah, that's six foot tall. So if you would have a look at that. It looks pointed. And again, my apologies for the answer. It looks pointed. But my question would be, is a four foot fence come with little points too? It would look identical to that panel that's six foot, except it would be four foot. Thank you. Mr. Schultz, I can't quite see why a four foot fence wouldn't be adequate to keep people from coming across your property. That was one of the reasons that you thought the six foot would be important. But I can't see people jumping a four-foot fence with spikes on the top just across the property at the McDonald's. Not to be negative or anything, but it just seems like I would not want to jump a fence just to save a few steps. I understand your opinion. It may be true in a lot of cases, but not true in all cases. Right. But that's our opinion. Okay. We want to have as much of a deterrent as possible. I understand that. For the security of the property and the children that are on the property. All right, thank you. We believe a six foot would be a better barrier than a four. Okay, thank you. Stacey, any further questions? Any comments? Yes, I would just note that the gate could be an issue for our fire and EMS services, as well as dumpster access. So we need to make sure even with a four-foot fence that the applicant understands that those gates need to be open and accessible, not just for their parents and teachers, but also for the other vehicles that may need to access the site, including solid waste to pick up the dumpster. And if the fire department or the police department need to come, they need access to the front of the building for those emergency situations. Okay, thank you. And that would be true whether it's a four-foot fence or a six-foot fence. Oh, yeah, yeah. That's a really good point. All right, now we're ready for a motion or whatever. I want to make a comment, and this might be for staff. And then you have down there, too, and this is part of my concern, is additionally a taller front fence in this location could negatively impact on the pedestrian experience in this location as the property is located on a relatively walkable area and when I went out and looked at the property there were quite a bit of foot traffic not so much at your establishment but just in the general shopping center itself and so that's part of my concern as well all right we're ready for a motion of some kind I'll make a motion. All right, thank you. I'm going to make a motion to agree with staff on PLM VOA 2400104, Hellyer Properties, LLC, to disapprove the six-foot fence at the property with the care bear daycare. We have a second. I seconded. I seconded here. All right. The motion made by Ms. Tucker and seconded by Ms. My computer went blank by Ms. Plumlee. All right, any further discussion board? All right, if you please vote. Yes, sir. The board has agreed with the staff and the application is disapproved. Thank you, sir. Understood. Okay. If I have this correct, our next, our first conditional use within a full hearing is the First Alliance Church of the Christian and Missionary. Is that correct? Okay. And this is PLN BOA 24-91. And the applicant is asking for an expansion of their parking lot for property located at 2201 Old Higbee Mill Road. And this site is located within our agricultural urban zone. So the existing religious assembly, that's not the right photo. That's on Clay's Mill. that presentation so i know everyone has at least that are that board has a packet with them that includes a site plan and maybe i'll just give them Sorry about that. A site plan for the church. So the church was established probably a decade or so ago, and they have 10 acres on Old Hickby Mill Road. They currently have 357 parking spaces, and they're asking to expand their parking lot by 132 more spaces. So that will give them parking for a total of 489 spaces. and the church indicated in their justification statement that they average attendance of about 1700 on sunday mornings and currently they have plans um or they currently hold three back-to-back services on sunday mornings and will need to expand to a fourth service uh soon so this extra parking will help them manage their um their traffic flow and attendance at the site sorry about this oh I can't use that today because we're no longer on the screen that's okay so on the the site plan that you see on the screen here the parking proposed is on the left hand side in front of the existing parking lot so there will need to be improvements made to the entrance on the right hand sorry lower portion of the site and then the church is in the center of the site and there's additional parking to the rear. In addition, in the rear of the structure, there's a cell tower that's been on the site for a number of years. So the expansion that's requested doesn't have anything to do with the building itself, just the parking lot. But with the additional parking in this particular zone, the staff would recommend that it meet articles 16 and 18 so that allows for a pedestrian walkway from the right-of-way to and through the parking lot to the front door and also additional landscaping within the parking lot and it does appear that their site plan addresses most of those concerns what isn't really reflected in this site plan but was brought to the staff's attention is that the parking will displace a stormwater basin and so those that stormwater will need to be taken care of still on site and addressed through i believe condition number seven which is a stormwater management plan shall be implemented in accordance with the requirements of the adopted engineering manuals so the applicant will need to prepare a new stormwater management plan for their site to address that storm water since it's going to have to be handled somewhere on site and won't be able to be handled as it currently is it can still be handled in that same location could be underground or another way to address it but it would need to have some changes and those changes would need to be approved by the division of engineering so at this point the staff is recommending approval of the requested expansion of the parking the proposed use should not adversely affect the subject property or surrounding properties the parking lot will provide needed parking for the church within their existing site it will also be required by the zoning ordinance to meet the landscaping and screening for the for the site from the public right-of-way and then as has already been the case for many years the site does have adequate public services and facilities to serve it so the staff did recommend very similar conditions that were recommended for the last time this particular site came to the board but i would note that they do need to meet in number condition number eight any new outdoor lighting will comply with a new provision of the zoning ordinance called article 30 and that addresses outdoor lighting so they They won't have to modify any of their existing lighting with the rest of the church or existing parking lot, but any new lighting would need to address those requirements. So, Tracy, are those recommendations included in the conditions? Is that recommendation included? What you're suggesting that should be done, are they all listed in the conditions? Yes. Okay. In the conditions of approval. Okay. so who who is our applicant for this all right you can come forward please sir give us your name hi my name is daniel rayner i've been attending church a long time i'm also civil engineer on the side so i've been pleasure to help him out with this project and actually i was going to say we were excited to just say we're in agreement with all the staff recommendations um we're planning on doing a stormwater management plan, meeting all the landscape requirements. But one of the things that just came to a little bit of surprise of us was items five and six, which I think we still need to have some discussions with planning and transportation to see how we can work some of these out. Because there's, along the roadway, there's some significant kind of grade changes where it drops off to a drainage ditch as well as some utilities. You can kind of see one of the lines, some of the utilities there. we're all for trying to help connect the pedestrian walkway there but I think we need to have just a few additional conversations with them on that and I don't know that that would be something you all could would want to recommend without further conversations with transportation and planning on that item so I was going to request if we could just postpone it to next month so that we can work those items out. All right, thank you, sir. Let me ask a quick question. The extension of the rows for parking, from what I can tell from Google Map, those are not any closer to the houses than the original parking lot. No, there might be a few right there on the south side, yes. Yeah, that's what I'm talking about. A little bit closer there, but we would plan on putting the screening that's required for landscaping along there, any of the bushes or trees that we need to add to meet that ordinance. All right. And we'd be happy to talk to anyone that was here afterwards as well, as a part of working that out for next month, if they have any concerns. Any comments from the board? I have a question. Yes. Is your new entrance going to allow a one-way traffic flow around? Are you going to have one entrance that's in and one entrance that's out? Or is it going to come out? I can tell you we haven't worked that out. Just in my personal opinion in driving there, thinking about entering the church in the mornings on Sundays. I have ideas of what might make sense, but the plan would be that they both would be full accesses. the ability to have two-way traffic, but not how we use them. If you've been or anyone's driven past on Sunday, we have quite a few cones directing people. I'm sure we would have during Sundays either on the entrance and exit, some sort of try to funnel people in one access and exit the other to make it function with the amount of people we have coming. But the intent would be that they're full accesses, but on Sundays we very well may direct, hey, this is entrance, that's exit, to an extent to help with traffic flow. Do you know what the distance is from the existing entrance to the proposed entrance? Not off the top of my head, but I can bring that number back. I'm just trying to find out if that meets the minimum standards for... We did have some conversations with Stephen Parker Transportation, and they were in favor of this additional access. and talking about the storm water management plan is is all of the storm water runoff from that new impervious area going to be held on the site yes that would be so currently where the new parking is going there's an existing detention base in there and water quality and we'll have to go to some sort of underground detention system there may be a some kind of combined maybe adding some pervious pavement, but it will be all detained either underneath the parking lot or in some of that greenery area if we have enough room to do some of that. But most likely it will be all underground detention. Does your existing holding facility, is that a retention basin or a detention basin? The existing one is a detention basin. And so the underground detention would also be a detention basin as well, but underground. Any further questions? Did we have someone wanting to speak against this? All right, please. Can you give us your name and address, please? Can I give handouts to somebody to give to them? I brought handouts. Yes, ma'am. I am Collette Lane and I own a property adjacent to First Alliance Church. Thank you for the opportunity to address you with questions concerning the conditional use appeal from First Alliance. I have read the letter that was sent and studied the diagram included. I asked for and received the staff case report and have read it. including all referenced articles of the zoning ordinance. Article 30 is new and is not on the website but was kindly provided by a person in the planning office. After examining all of the information, I would like to raise a number of questions under the category of staff recommended approval. Section A says that approval is recommended because proposed use should not affect the subject or surrounding properties. Mine, I believe that at least two properties will be adversely affected of those that are adjoining their property, and others will be affected from water runoff. Mine is one of the properties that adjoins. It is near the corner on the lowest part of the left hand side of the drawing that you see before you. I would like to share my questions with you now. First of all, what exactly is the plan for water retention and drainage? Has a study been done to see how runoff will affect South Elkhorn Creek? Will it run onto my property before going across the street? My second question, how will the ground, which is predominantly solid rock, be prepared and excavated? Will dynamite be used? That would adversely affect my house foundation and my property value. How would we be notified about the project dates? Who do we contact if there is any damage to our property. Will my property taxes still go up since the property value will be going down by literally having a parking lot next to my patio? Current lot line does not impinge on property of neighbors. Why must this project extend to be so close to our properties in the corner when all other neighbors get to keep their current status? Number four, will the new driveway be open all week even though usage is designated for Wednesdays and Sundays in their request? Can a gate or chain be across the entrance during other times, not on Wednesday or Sunday? This would help discourage non-church use for joyriders. Does that mean my time is over? We'll give you another minute if you don't mind. I have someone who will give me their three minutes if that is necessary. That would be necessary probably. He gives me his three minutes, Charles Lane. Fine. This would help discourage non-church use for joyriders or party activities totally unrelated to the church. And those happen now in the other parking lot. Will current lighting be fixed to follow Article 30? Someone just answered that question for us. It will know it will be grandfathered in. Well, there's unwanted light coming in my house right now. What is the landscape buffering going to be? Exactly which trees are coming out? Are the ones on our property line slated for attention in this matter? Is there curbing in the buffering plan so that cars won't just pull right up in my yard to park when extra parking is needed as they anticipate. Seven, is it really necessary to add this many parking spots? What is the current occupancy code of the building set by Farm Marshall, and are they adhering to this by adding this many spaces? Eight, has there been a traffic study done concerning this type of entrance so close to the stop sign on Higby Mill and Clemens Drive. And finally, I would like to say that the church has not contacted property owners to meet and give any information. Had we been contacted, all of these questions may have been answered and the following proposal that I have could have been discussed. I did contact the church and spoke with the executive minister concerning a few questions that came up immediately after I received your letter telling me of this meeting today. Our proposal is that they remove 27 parking spaces from the side near our property and move the driveway west on Higby Mill Road. This would keep the new proposed parking in line with the existing parking lot. This would provide a larger buffer between the parking and our property line, and excavation would not have to be as close to our property. My main concerns are water runoff and excavation. Communication and details are essential. My goal is and always will be to be a good neighbor. I understand the need the church has. I only hope that you and the church understand my concern for maintaining my property. Thank you for the opportunity to address these concerns. All right, thank you very much. We will give the applicant an opportunity to rebut or answer the questions that have been asked. Before you start, Mr. Chair, it sounded like the applicant was thinking he needed a continuance until next month, which would give him an opportunity to talk with staff about some potential redesign ideas that were presented today and also give them an opportunity to meet with the neighbors. And so after the applicant has spoken, we may want to confirm that that is his desire, in which case we would do a continuance in our postponement. That way we don't have to rehear the testimony given today. Yeah. Yes, sir. Would you have any idea about that? I'm in agreement with that, and I can answer a few of those questions. I wrote down as many as I could. Would you like to have a continuing? Yes. Yes. So I think we can answer the question. You can answer the question with your neighbors privately, and we can possibly vote for a continuance. Tracy, would a continuance be correct? So that's a possibility if anybody would like to make that motion. I got it. Mr. Clark, do you want to allow the citizens to go ahead and comment on the record since they're here today to get their questions addressed by Daniel, the engineer, or do you want them to come back next month? I think it would be better if we could work those out between neighbors and the applicant. And then when we come back to look at it again, then we would have some of those questions already answered and maybe some adjustments already made that we don't really need to go into that. That's what I would that's what I would suggest Okay I'm gonna I'm gonna ask you not just not to speak without being on the podium But I think I think I'm going to ask the applicant what he would like to do at this point and then we'll go from there I I think we'd like to take a continuing so we can have enough time to address the neighbors and speak with planning on possible redesigns looking at the entrance. All right. I think that makes a lot of sense. And I think if the neighbors can work with the city, and this is not the place to get those answers anyhow. The Board of Adjustment can't make those recommendations or proposals. So I think that's a matter of working with the city, both from the applicant and from the neighbors. I think you have good questions. I think it's an excellent document. I think it brings up some of the questions I had, as a matter of fact, on this proposal. So I think a contingent would be most appropriate. Yes, come to the podium, please. If you do not address our, we understood that we were to come here. Where do we go to get our concerns addressed? You should work with the staff and the applicant. The staff of the church? The staff of the Board of Adjustment, the Planning Commission. Okay. When I called the Planning Commission, the person who was assigned to this case was no longer working there and so there was not familiar familiarity with this case. Okay, Tracy you'll have to help me there. Yes, I'm sorry about that. Ms. Godderweiss did leave the Division of Planning to go work in Frankfurt so all of the Board of Adjustment cases are still coming to our division and we're really working to get our new BOA planner up to speed so I apologize if there's been a gap in our customer service but I am available. I'm the manager for the section. Mr. Dalton Belcher right here is our new board of adjustment planner, so he will be getting up to speed this month with this case. And so we should address our questions to him or you. To Mr. Dalton, yes. Okay, thank you very much. Good, thank you very much. All right, I'll entertain a motion for a continuance. I know that you carry. All right, thank you. Motion made and seconded by Plumlee and Sturdivant. any further comments from the board before we vote all right i'll ask you to vote for i need to read it first harry oh i'm sorry you go you're absolutely right okay here we go regarding plan 2491 first alliance church of the christian and missionary request a conditional use permit to expand the parking lot for an existing place of religious assembly in an agriculture urban au zone on property located at 2201 O'Higgbe Mill Road. Request a continuance until September the 8th meeting. It's the 9th. All right, you've heard the motion? The board votes unanimously for a continuance and we'll see you next month. And Mr. Clark, if I could just say a couple things this is for the the neighbors we're just one part of a multi-stepped process and so a lot of the items that you brought up as questions are things that get handled really later in the process but with the storm water management manual that we have in lexington they're supposed to capture their water on their site and should not have any additional water go to the adjacent property owners. And if there is existing flooding, you'll let staff know, and then they can tell you how to address that particular issue. All right. Thank you, sir. But we'll see you guys next month, and you'll have an opportunity to ask more questions next month. All right. Thank you for all those good questions, and I encourage you to work together and see if we can work out most of those, and then we'll see you next month. So, Mr. Clark, I think we're ready for now our short-term rentals. Yes. Portion of the meeting. And I want to introduce Mr. James Mills, and he's going to be doing our presentation about the short-term rentals this month. Thank you very much. And I will step in the hallway with the objectors from this last case. Thank you. We need a break? Yeah. All right. Ladies and gentlemen, the board has asked for a short recess. We'll take a five-minute recess and come back in that length of time. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. I'm going to go to the next video. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. I like the cold. the meeting back to order please. At this point the staff will give a brief summary of the short-term rentals as we've as a board have been facing since the council passed this law and so it deserves some explanation and so we're happy to have you do that please sir. Thank you. I want to ask you all to bear bear with me. This is my first presentation. So I've been given the task of presenting the STR information to you. So essentially what I'm going to do is quickly review the regulations surrounding short-term rentals. I'm going to show the concentration of the STRs that you will be seeing today. And also I want to give you a quick update on our new host compliance software. So the short term rental regulations were adopted by council on July 11th of 2023. Before that period there was a grandfathering in and now that we're over a year out, we are now kind of getting an idea of the number of short term rentals in Lexington via our new host compliance software which I will review shortly. So the parts of the zoning ordinance that are in regard to short term rentals are Article 111 and Article 316, I mean 313. And these are kind of the zone where hosted and unhosted are applicable to conditional uses for short-term rentals and accessory uses. In regard to what we have kind of analyzed here through the last year of short-term rental regulations has been mainly surrounding the conditional uses of unhosted short-term rentals. And what we kind of take into account whenever we're making these decisions has been noise, parking, and compliance. So when us as a staff, when we have reviewed short-term rental applications, we have focused on the concentration of FCRs, the compliance record of the applicant, the occupancy rate, which we have not been able to determine, and if any FCRs in the area are cited as a cited as a nuisance. So these are all issued ZCPs in Lexington as of August 1st. We have currently 810 and 126 of those are hosted and 684 are unhosted. Are those verified? Those are the ones that have received zoning compliance permits from the Division of Planning. Okay, pertaining to the non-compliance ones, where are you all in the process of locating those? Sorry, Mr. Trudevant, can we let James finish his presentation and then we can get to questions? Okay. Okay, thank you. And we are actually, our new software, it's still slowly updating and I'll get to it in second but it will reach into that those compliance statistics a little bit. So when we have been reviewing STR applications we have been focusing on a thousand feet as the for the subject property of the number of zoning compliance permitted STRs in a given area. So far we haven't been able to determine if there are not illegally operating ones, but with the newest data that we're getting we're hoping that in the future we can do so. The hardest part of the general regulations under Article 313 has been occupancy rate and that one's been the most we've had more struggle of determining because we kind of to have to rely on word of mouth from a hosted or unhosted STR operator. So none of our STRs today are in the task force on neighborhoods and transition report or in the top 10 census blocks, so I'm going to kind of skip over this. Now these are the concentrations for all short-term rentals. Over here you'll see the concentration after we have factored in the number of parcels in the 1,000-foot buffer, the number of residential or multifamily parcels within that 1,000 feet, and then how much is residential in that given area. But we use that data to come to our conclusion here at the very end, which is the percent of concentration of STRs in a given area via the number of STRs in our buffer. And these are all zoning STRs that have received a zoning compliance permit. So the main area I wanted to show to you all today is the new host compliance software that we have been able to slowly start getting together and finding the data that they have. Right now, according to the zoning compliance data, they have identified 63.9% of all STRs in Lexington, approximately. Now, it's important to note that a lot of this data is preliminary, and this software is slowly updating over time. It updates every couple of days, and I've been keeping track of it over the last couple of weeks. But right now, we are up to about 63.9% of all STR properties, unique properties, and their addresses in their software. They're taking data from us and taking data from multiple different sources, including Airbnb, Vrbo, and other listing platforms. Their data shows that their current estimate is 1,163 short-term rentals, unique short-term rentals in Lexington. Now, what I'm going to do in this next slide is take that data that we have from them and determine our compliance rates or percentages in Lexington, which I'm using both zoning compliance permits that we have issued as a division in planning, The fully licensed and operating are the ones that have received both a ZCP and the Division of Revenue special license fee. And taking that data and coming up with, one, a percentage obtaining full compliance, which using that, we have about 83.7 who have gotten both a ZCP and a special license from the Division of Revenue. There are around 20% of STR operators that have been approved that have not gone through the entire process. Now, some might not go through. We don't expect some might decide after they got in the ZCP that they're not going to come back here. They're going to come back and get a special license fee from the Division of Revenue, and they're not going to operate. But there are several that have also received fines due to operating without getting approval from the Division of Revenue as well. So this gap is a little larger than we expected. But taking that data and also the number identified by post-compliance, we were able to find basically the amount that have received a zoning compliance permit in Lexington, which is around 70%, and the ones that are receiving a total full compliance percentage of about 58.2%. So there's still a gap there. But we have been able to get more compliance over time. Any questions? Mr. Surtevent, did that answer your questions in terms of where we are? I think that generally answered the question. Do you have a projected date when you think you'll be fully operational? On the host compliance? Yeah. We don't know for sure. That'll be a Division of Revenue question, and they're going to join us next week at your work session to try to answer those questions. Very good. Thank you. That'll be helpful. The Division of Revenue wanted me to inform the board that this number of identified STRs is much lower than some of the numbers thrown out there, that we are actually still around that 1,200 number that we thought before the regulations went in place. So there isn't a large amount. The large amount is usually listings. So you'll have multiple properties listed, but that doesn't mean that there are that many properties listed, if that makes sense. All right. Thank you, sir, very much. We look forward to working with you. All right. Thank you. hope that gives everyone a little different view of what we're doing and it's new to us too. You have to understand that and we've been dealing with this since the law was passed. And also as the council looks at this, they are paying great attention to it to see if there's any reason to make any changes or anything. and they they're very aware of the fact that is a new it's a new law and that it's something that we need to be be sure we've got the right the right words in place and so we're working as hard as we can to do due diligence to to make this as as easy a process as it possibly can be and so we'll move ahead The first STR on the agenda is PLNBOA 24-39. I'm sorry, I'm reading it wrong. PLNBOA 24-52, Tammy Fifehouse. And that will be our first one. Is the applicant available? Please come to the podium. Give us your name if you would, please. my name is Dan Street I represent my wife Tammy Feef house and we're just wanting to get approval to run a STR all right board have any questions of this applicant all right thank you I'll entertain a motion Mr. Chair, I'll move for approval of PLMBOA 2452, Tammy Feehouse? Feehouse. Like what the gentleman said. Yeah, Feehouse. Request conditional use permit for an unhosted short-term rental in the medium density residential zone, on property located at 2900, Aldar Court, Unit A, based upon the staff's approval recommendation and subject to the conditions. All right. Board have heard the motion. I have a second. Mr. Walker, any further comments? I'm going to entertain a motion. I'm sorry. Please vote with your computer, please. The motion is passed. Thank you, sir. Next is PLNBOA 24-86, Citation Townhomes. Good afternoon. My name is Charles Rashid. I have operated short-term rentals in about six states for seven years now. And the only question that I would or what I'd like you to consider is the limit of four people. Occasionally I have families traveling with small children that would either sleep on the couch or a sleeping bag. And I'd like to request the limit of four adults and two children if that would be possible. Any comments from the board about his request? I have a question. Do you have neighbors that you share walls with on both sides? I own all of the townhomes. My company owns all of the townhomes. Okay. Are they all rentals? Yes, all rentals. But this would be the only short-term rental. So Tracy, can we make that correction in a motion? So they asked for the four individuals in their application? I was just checking to see how many bedrooms it had just to verify what the ordinance would cap it at. So with a two-bedroom, you would get two people per bedroom, four plus the additional four. So the ordinance would cap it at eight people. All right. Okay. Good. Tracy, would the staff be comfortable on condition number two? If at the end of it where it says four individuals, we put comma excluding minors? Or should we say excluding up to four minors? I'd rather just have a total number of individuals because it's very difficult for us to monitor that. All right. If I could make one more comment, this is something that will only come up probably 5% of the time. The way it'll be listed is for four, but occasionally if a family's traveling together, they'll request if they could have another one or two, just so the family can stay together. So you're looking at six from four to six? Yeah, but as my listing will be, it's typically just four, but probably 5% of the time there'll be a request from the guests to have additional people. All right. The board's heard his request, and do I have a motion one way or the other? I'm willing to move for approval of PLMBOA 2486, Citation Townhomes. LLCs request a conditional use permit to establish an unhosted short-term rental in a planned neighborhood residential zone on property located at 107 Ferndale Pass. As set forth in the staff's report and recommendation of approval subject to the conditions set forth in the report except for condition number two will be amended. from a limitation of four individuals to a limitation of six individuals. Thank you. Do I have a second? Mr. Walker, I make a second. Any further discussion? Thank you. I ask for your vote. Your motion is approved. Thank you, sir. Thank you for your time. Appreciate it. Next case is PLNBOA 24-92, Dharma LLC. Thank you. Give us your name, please. Hi there. My name is Anita Gutekonda, and I own 214 Floral Park. This will be my first short-term rental. I just accidentally inherited a house that is set up as a short-term rental. There already was one, and the previous owner has moved to another state and has left the house set up as a short-term rental. I thought my son and I have bought this house together, and he's actually studying abroad for another two years, so we thought we'd try it to continue as a short-term rental. It's in a very vibrant kind of neighborhood. Lots of college students live down Floral Park, Elizabeth Street. So I think it'll be a great short-term rental for visitors to Lexington. Any questions from the board? I have a question. I'm concerned about the permitted parking on the street. I have a very long drive that can accommodate at least three cars. So I can't see that there would be people parking on the street. The house is just a three-bedroom house with a maximum six people that can stay. So I will state that in the sort of when I advertise the house that parking is only available for three vehicles. The application says that they can accommodate the parking, the driveway can accommodate up to three vehicles. that that would be adequate for any case that you would need more than three vehicles there. I can't see that I would, no. Okay. So we'll be sure we're clear on that. Yes. Any other comments, please? I have a question. All right. Ms. Plumman. Thank you. Would you elaborate again a little more on the complaints by the Division of Revenue? I wasn't a complaint did you say sorry about that you were not actually a host when you rented a host house. I wasn't aware of any complaints. I don't see that anymore. That was a different application. Charwood right that was a different application. Okay okay sorry. No problem. So any further comments? I'll just make a comment real quick. Sure, Mr. Walkman. This is one of those I'm glad to see just because you could have up to 10 people and you're saying you're going to do it for six. Yeah, I don't want to encourage parties. Right, right. So that's a nice thing that you've actually deducted the total you could have. Yeah. approval and you've got no opposition here so these are the ones we like to see that's just yeah the neighbors are actually I've met all the neighbors it's about they were actually happy that I was continuing it as an Airbnb because I believe you know the owner occupied houses down the street have had more issues with the student occupied houses than the short-term rental occupants which tend to be parents and you know this is to Lexington yeah All right. Thank you, everyone. Do I hear a motion, please? On that, I'll make a motion to approve PLMBOA 24-92 Dharma, LLC, request for a conditional use permit for an unhosted short-term rental within the fine infill and redevelopment area in a single-family residential zone on property located 214 Floral Park, based on staff's recommendations and subject to the four conditions. Second. Motion made and seconded. Please vote. You have a unanimous approval. Thank you. Thank you so much. Thank you. Thank you. Next is PLA BOA 24-93, Silver Chair of States. Hello, I'm Brandy Ann Rellinger and I'm the owner of this house. And hoping to get a permit for a short-term rental. This house has previously been run as a short-term rental. And I just purchased it this summer and I'm hoping to continue to do that. Okay, any questions from the board? Hearing none, I'll ask for a motion, please. I'll make a motion on this one as well. This fits in the exact same category of no opposition, less yes than what you could max out as and it checks all the boxes. So move to approve PLMBOA 24-93 Silver Char Estates LLC requests for a conditional use permit for an unhosted short-term rental within the defined infill and redevelopment area in a single-family residential zone on property located at 110 chilean drive based on the staff's recommendations and subject to the four conditions second thank you please vote Thank you. Your application is approved unanimously. Thank you. Thank you. The next application is PLNBOE 24-96, Joel and Abigail Fugate. Hello, my name is Joel Fugent. This is my wife, Abigail Fugent. And together we have operated Andrea Bode, a short-term rental, since September of 2021. It's our agreement that I make the major decisions and she makes the minor decisions. And shock, since 2021 there hasn't been a major decision yet. In all seriousness though, this has been a wonderful opportunity for our family, for my wife to be a mother of four, but also manage the property, providing not just long-term income for our family, but short-term income for my family. I want to say that I understand the importance of laws and regulations that are implemented by the city of Lexington. I live in the same neighborhood as the rental house. In fact, I live next door to the rental house. I am friends with my neighbors. I talk to them all the time. They see our kids, our animals, etc. And so for us, when we got this house kind of by accident, it was a no-brainer for us to make it a short-term rental because it was right next to us. Living next door allows us to monitor the home 24-7, 24-7. And since 2011, 21, there's never been a single complaint in that regards. The entire purpose of the council, of course, is the multiple people with different paradigms come together and make one council. And I'd like for just a moment to share our paradigm with you. As a family of six, we have come to a place where we can no longer fit in a hotel room. And it's expensive to purchase two if you can find adjoining rooms still available. short-term rentals provides a place for us people like us to be able to stay in our home away from home and with ample bathrooms and and a kitchen I love Lexington I appreciate the beauty that this city provides to me as a citizen it is also that beauty that has brought us to these need for regular regulations because of a lot of people wanting to come to Lexington Kentucky the tourism is booming it's crazy for me to think I take vacation in Florida but people that drive to my rental, their license plate says Florida because they're coming to Lexington for vacation. And I'm thankful to live in this wonderful home. The home was, my grandmother lived here for 10 plus years and when she downsized, we purchased the home. The issue though with homes this size is that the mortgage is quite large and although I own five other long term rentals, this house fit the short term rental bill the best. we did rent it one year for long term it did not work very well for us. The home I see that is your recommendation to approve and I appreciate that. My only question would be you limited it at 12 which I understand but I have had it for 14 all these years and I haven't had any issues with that. We don't I don't consider a couch a bed. If you don't have a bed then it doesn't count and we do have 14 beds for everybody ample and plenty of parking spaces as we have six off off street parking and plus we have multiple illegal on street parking if was necessary but very rarely does anybody ever park there anybody ever parked there also our lots very large our our backyard is a quarter of an acre and just to give you an idea across the way on waco drive the average entire piece of property is .18. So our backyard is larger than their whole property. So it is a nice property for a family to spend time together. And so that would be my own request of 14 if the board sees fit with the regulations. And there's five bedrooms in the house. But we thank you for your recommendation of approval. if we could get 14 we understand we'd appreciate it if only 12 then thank you for your time all right thank you sir questions on the board permitted to go to 14 or are we locked in 12 anyone can ask for more than 12 but then the board has to make a special finding and i'm looking back through the staff report um i know it lists what that specifically i'm sorry i didn't detail why you said 12 or I would have brought that information. I'm sorry. Sorry, under the zoning ordinance section, article 3-13D, and then it references something else about the maximum, the last part of that sentence says, except that the board may allow additional occupants when there is sufficient evidence that a greater occupancy will not result in overcrowding or create a nuisance. And in essence, the applicant didn't really address that particular additional evidence so so the staff recommended it be limited to the 12. I understand so what you're saying is I didn't I didn't give you that information before today and I'm sorry okay I didn't give you that information before today and I'm sorry and the reason I would request 14 is because I was reading that so five bedrooms times two plus four and I actually do have 14 beds. I've been to short-term rentals where they say this place will sleep 20, and a car on the floor is one of the beds, and I don't appreciate that when I go somewhere. And so I tried to set this up in a way that, you know, when I go to vacation, it would be sent away and run, that I would appreciate it with my family. So, but that's why I wouldn't ask for 14. But like I said, because I ran it for that all these years, I tried to provide for that even in food and seating and everything. But like I said, I'd like to be compliant with whatever the law is. So if I have to do 12, that's fine. Any further comments from the board? I have a question. Sure. Go ahead. My concern with the 14 too is it looks like, unless I've done something wrong here, that you've got roughly 2,200 square feet and two bathrooms. That's a good question. So I have 2,100 square feet, plus I have a 700 square foot game room garage on top of that that, you know, is under roof. And so it's a 2,800 square feet of usable space, I believe is the correct term for that. We do only have two restrooms, and that's, of course, anybody would love to have six or seven. And so I understand that comment. I can't add right now. I thought about adding a third bathroom. But we haven't had people complain about it. But I'm sure they'd love more. I'd love more. But that's a good, yes, ma'am. I understand. Yeah, that's a good concern. I don't know that the game room would be considered like with the five bedrooms and all that. Ms. Plumberland. Thank you. Now, are any of the bedrooms in the basement? There are three bedrooms upstairs and two bedrooms in the basement. And it's a split-level home, so what you have is the main level, and then everybody's upstairs or everybody's downstairs for the basement. Yes. Okay. Does the basement have an outside entrance? It does. Okay. Okay. Thank you. Yes, ma'am. That's important. And both those rooms have the proper egress, and they have the proper way to get out quickly. And our insurance company came over, of course, and looked everything over. We had four steps, and so we put in a handrail and went through all of that with them to make sure we met the fire marshal's requirements. And their insurance, because they're the one that has to pay out. All right. Thank you. Any further comments? Tracy, I'm a little confused about whether we can approve 14 with a motion. You can, but you currently don't have a finding in the staff's recommendation that addresses the higher occupancy. And I will just say that the board has only approved one of those to date. And that was over on Nicholasville Road. and they were approved for 20, but they also had almost an acre of property, and they had paved parking for 11 vehicles. So those were some of the considerations that the board took into that decision in granting greater occupancy. So you can today if you find that the evidence they've presented can be translated into a finding that meets the ordinance. I would be interested in the board's pre-election for 14 or 12. Tracy, if we go to 14, do you feel like the staff would want to look at the information in advance or before? So I guess the thing is, if I am comfortable approving today with 12, I am, if the applicant wants to roll the dice and try to get 14 next month. Can I interject? let's not roll the dice. I don't gamble. Let's not roll the dice. Let's not rock the boat. I figured your father probably wouldn't approve if you started gambling. I completely understand. I completely understand the findings and that doesn't, you know, I want to stay within regulations. So let's not roll dice. Let's not rock any boat. I like the approval and I appreciate your time. Any more questions? So you would agree with the conditions of 12? Oh, I completely, yes. We can do that. Any further motion? if there are no more questions please okay well with that being said um i approve i move for approval of plnboa 24-96 joel and abigail fugates request for a conditional use permit for an unhosted short-term rental with an occupancy greater wait with an occupancy of 12 in a single family residential r1b zone on property located at 513 andrea drive based upon the staff's report the testimony by mr fugate today and subject to the conditions of fourth in the report thank you sir a second mr turban yes all right we have a motion and a second any further discussion all right please vote your application has been approved thank you so much for a time i wouldn't hate to be in your shoes i have to hear all these non-stop oh it's fine it's fun up here it's well thank you very much all right thank you next is peel in a plnboa 24-105 ja henderson Hi, good afternoon. I'm the applicant, Jay Henderson. I think the application is fairly straightforward. It's a two-unit property. There's a long-term rental in the back. A short-term rental in the front will actually be a place where my family stays when we're in town or my family stays when they come to visit as well. So just trying to get some use out of it when we're not in it. Thank you. Happy to address any questions and certainly willing to accept all the conditions. Questions from the board. I have a question. It looks like you only have like two parking spaces. Is that for the short-term rental or the rental or for everybody? It's currently up for grabs. I think my intent is to make a request later for four spaces be allowed. The property has been used for the past few years as a short-term rental with street parking only. It has not been a concern from what I've been made aware of. I only acquired the property about two months ago. Thank you. Any other comments? hearing not i entertain a motion um mr chair i move for approval of plmboa 24105 j a henderson's request for a conditional use permit for an unhosted short-term rental within the defined infill and redevelopment area in an historic overlay zone and a planning neighborhood residential zone on property located at 500 North Broadway, unit one. Based upon the staff's report, Mr. Henderson's testimony today and subject to the condition set forth in the report. Second by Mr. Sturtevant. Further discussion before we vote? All right, entertain your votes, please. The proposal has unanimous approval. Thank you, sir. Thank you. All right. The next application is PLN BOA 24-89, Harrison Sims. good afternoon council bear with me my voice is a little shot but um basically i'm seeking approval i've been doing airbnbs for four years now um two about an hour south of here in a little town called springfield and then i'm seeking approval for my second one in lexington my first one fell under the grandfather clause so this will be my fourth year seeking approval on an eight person three bedroom two bath and if you have any questions i don't allow one day rentals or anything like that i try to put roles in place and everything i try to cover my bases before posting a group i have a role i have a list of about 15 roles that i send to my guest and a check-in message. My main concern is that the neighbors are happy and kept that way. So actually, the guy that chose to oppose me, he already left. We exchanged numbers. So in the future, if there are any problems, I want to be as proactive as possible and communicate. All right. Thank you, sir. Comments from the board. Question? Okay, I think I have the right plan now. Did you have complaints from the Division of Revenue? I had, so full disclosure, we bought this house about a month before the July 11th legislation was passed, and I started it as a hosted unit. Of course, back then when it first started the definitions and stuff were all new to me, new to everybody. So I started it and then I knew you had to be in compliance by January 11th of 2024 or they could start fining you. During that, my process for permits, I received a permit that showed I was approved for an unhosted unit. So I reached out or the city reached out to me saying I wasn't in compliance. When I responded, I did get a lawyer involved, and they told me there was a typo on the permit. And so they told me they wouldn't do anything as long as I showed that I was trying to get in compliance. And so that's when I started the process. So I did host about 10 groups outside of that. I'm currently hosting nurses for three months. I'm hosting a vet tech for another month after that. But that's the whole situation with that. And I do have a copy on my phone with the highlighted area showing that I was approved for an unhosted short-term rental. So the application said I was approved, so I went with it. And then that's when zoning got involved about, it was back in April, I believe. So when they got involved, and that's when I started the process of going through all this and doing it the right way. Thank you. Further comments? Anyone else? I'll entertain a motion. Did I ask if anybody would speak in opposition to this? He actually talked. He came and talked to me. He had to leave, and we exchanged phone numbers. Okay. What it was is he's the backdoor neighbor. So I have a six-foot privacy fence all the way around, but he's in my backyard. And he had told me of one instance that something happened. So I told him, you know, here's my phone number. Please call me if that ever happens again. I don't want that type of guest at my places. So that's why I don't allow one-night stays. And I don't allow, honestly, I don't allow locals to stay anymore because I had one bad experience at my other place in Lexington with locals. And about a whole family showed up. So he seemed satisfied with that. Yes. I believe so. Something I did when I first started that house is I met with the communications director. It's a voluntary HOA in Cumberland Hill. So I invited him over to the house and gave him my number and told him, you know, if there's ever any issues or whatnot, please give me a call. And I want to address them. I don't want it to be swept under the rug. I don't want people to be angry around me. It's actually one reason why I moved to Lexington back in May. so I live about five minutes from the house now. All right. Thank you. And you're comfortable to continue that relationship with him? Yes. Thank you. Any comments from the board? Entertain a motion. Mr. Chair, I move to approve PLMBOA 24-89 Harrison Sims, request for a conditional use permit for an unhosted short-term rental, a single-family residential zone on property located at 955 Charwood Drive. based on the staff's recommendations and subject to the four conditions. I have a second. Mr. Turnbull. Once again, thank you. Motion made and seconded. I need your votes. The application has been approved. Thank you, sir. Next is PLN BOA 24-90, Erin Propes. The staff will need to explain their recommendation of disapproval. Thank you, Chairman Clark. The next item is PLNBOA 2490, Aaron Propes, and this is for property located at 1295 Latonia Park. The applicant filed for an unhosted short-term rental to host up to eight individuals at the property. The property is located where it backs up to New Circle Road, so it does have no neighbors to the rear on one side at least. here, but it does have adjacent neighbors on this very short cul-de-sac. They indicate that they would like to have, again, a maximum of eight occupants at the property and estimate that the property would be rented or booked between 15 and 20 days per month and that the existing driveway can accommodate five vehicles on their property and this would be their first short-term rental. According to our zoning compliance permit data, there are no other short-term rentals within the 1,000-foot area surrounding the property. And most of the properties in the general vicinity are residential. But since there are no other short-term rentals, there's no real concentration of short-term rentals in the area. So that's not the concern. The concern came about because the Division of Revenue was notified that there was a short-term rental operating at this property, and the applicant was notified that they needed to come into compliance on February 20th of 2024. The applicant began their application process but did not follow through, and so they received a second letter from the Division of Revenue with an official notice of violation in May, and then the applicant began their application again in June. So the reason that the staff has recommended disapproval is because of the time frame between when they were notified in February and not coming into compliance until now and applying for the August hearing. So that time frame really resulted in revenue issuing the notices of violation as opposed to Mr. Harrison's Simms application just a minute ago, his timeframe was much less and he complied with those requests to come into compliance, whereas this applicant did not and that resulted in the staff recommending disapproval of this request because the proposed use would have an adverse influence on the public health, safety and welfare and the zoning ordinance specifically states that the board can and shall take into account The applicant's demonstrated compliance record, and the applicant failed to act in a timely manner to obtain the necessary permits and license to operate a short-term rental when they were notified that they were operating in violation of the zoning ordinance and the code of ordinances. Thank you. The applicant, please. Hi there. I am Cheryl and this is my husband Aaron with the Propes and we own 1295 Latonia Park. It was my grandparents house. They were the original owners back in the 60s or 70s. They passed away and I inherited it so there's nothing owned on it. I met my husband and I adopted two girls singly. He came along, blessed me to a part where we're in the process of actually adopting twins and he, it's, this is allowing us for me to be able to stay at home to raise these kiddos. The reason back in February we didn't comply is we just decided that with being in the process of adopting the twins and our daughter was also diagnosed with a very rare neuromuscular disease that has a short-term life expectancy. We put this on the back pedal or at the back burner. I know, no joke, sorry. So we just, with all of our life circumstances, we just decided that we needed to focus on our family. So we shut down all the platforms. We did not realize that one platform was left up. So when we got that, let's see, Aaron. We finally decided that we were going to move forward and try to do what we needed. Just speaking into the mic. We tried to move forward and get everything taken care of that we needed to do to be in compliance and all the rules and regulations that needed to be done. That's what we're wanting to do just because we need it financially. It's a way for me to be able to stay at home. Our oldest daughter with a disease, it's called Friedrichs ataxia. It's a way for me to be able to take her back and forth to her appointments. I've always worked in the past. I did nursing, but this just allows me to be at home and ease our burden of finances. And if you guys approve this, we are willing to just use the one platform to conduct business. The platform that requires registered, our clients to be registered and screened. We'll only allow eight guests, no parties, no curfews after midnight. We have great neighbors that are helpful and they're aware of what's going on and we stay in touch. We're at our Airbnb, or I don't know if you call it that yet, but we're there multiple times a week. So it's very clean. We have a ring doorbell, so we have access to who comes and goes. Any issues, we'll handle them professionally on the platform. Let's see. What else, Dad? So we apologize that we did not respond back sooner. We were totally unaware of all, we were totally unaware of like all, you know, the fees and everything that need to be taken care of, you know, in the beginning or we would have done it, you know. And then it just, there's a lot of loopholes, a lot of paperwork. And I was, I do long hair. And that business picked up. And I just could not do all the mailings of all the letters and everything that needed to be done at the time to do it. So that's why we didn't end up falling through at that time. And I will leave on one note. We would like to ask that you guys reconsider it. We have two rules at our house. You can ask, don't beg. So we would like to ask. And then since we adopted the twins, you wake a baby, you take a baby. So we just have, we would like to ask if you would reconsider us. All right. Thank you very much. Comments from the board? Are you ready for a motion? Hearing none, I ask for a motion. Well, I got a question. Did Tracy have anything she wanted to add after the? Yeah, thank you. What's the question? Do you have anything you want to add after the applicant spoke? No, I think just the staff kind of took a stand of if people aren't going to comply with the ordinance, we won't support that application. So we don't want to condone really anyone across the county to be in violation of our ordinances. So that's the reason the staff recommended disapproval. The other issues that generally the board considers or the staff considers don't appear to be issues here. I mean, the concentration is not an issue. The occupancy that they're asking for is not an issue. All right. Thank you, Tracy. More question for planning? Any rebuttal from the question? Yes. I have one more question for planning. Are we setting a precedent on this versus a violation penalty? The law department tells me that they don't ever think we're really setting a precedent. Every case is unique. So because you take this on a case-by-case basis, you're considering the information that the applicant has given you. They're extenuating circumstances for not following through. We might ask how many times they rented it in that time. And if it's zero, then obviously they weren't really using it as a short-term rent-off. If they were renting it 30 times in a three-month period, then they were knowingly continuing to violate the ordinance. So I think that's the kind of information that the board should consider. Any other questions you want them to answer? Have you continued to rent it during the time after the letter? There were a couple, but I think that was only because the people, it was left on there, so we felt obligated to keep our word and to give them a place to stay. So I know that sounds like we're being, like, not complying, but I guess I didn't really, we didn't know all the details, so we just kind of wanted to keep our word. So over the three months, you rented it, you think, twice? Yeah. for a couple days each or yes yeah okay it was it was through verbal and in the beginning it was with verbal and with with them we never did get any hits you know any people that that book so instead of taking off we just ignored it and then and then when we got that second letter I tried to see where is this coming from? How are we still not in, you know, how are we still in violation? And I got on verbal and we had two guests that I didn't know about. And they were, you know, ones that were coming up in the next month. And, you know, and it's hard to tell someone, hey, your plans are ruined. We got to, we can't rent to you because, you know, we're not, you know, we don't have the right to. And with our daughter, we go to a lot of Airbnbs for her appointments in Philadelphia Children's Cincinnati. So we depend on those. I think we just took into consideration more from a family side instead of the law. Sorry. Any further comments from the board? We can support the staff's recommendation, or if we wanted to approve this, then we'd have to give our reasons for doing that. I could support approving this. We'd have to find findings. I'd have to get with Brittany to do some findings, but it sounds like listening to staff's rebuttal and the applicant's sworn testimony, I would be comfortable with moving forward with an approval. All right. If I could get a two-minute recess. Let's do that. Let's take a quick, super quick, and we'll be right back. Thank you for considering. Thank you. Thank you. Thank you. Thank you. Thank you. It mentions your staff cannot support the code of ordinances. Thank you. Thank you. Motion? Yep. Real quick, my understanding was the staff discussed with the applicant during the recess. The four conditions I'm going to read, and you guys were agreeable to them? Yes. Yes. Okay, thank you. So with that, I'm going to move for approval of PLNBOA 2490 Aaron Probst's request for conditional use permit for an unhosted short-term rental in a single-family residential zone property located at 1295 Latonia Park. based upon the testimony that we heard today and the facts as laid out in the staff report with the following reasons for approval the proposed use should not have an adverse influence on the subject property of the surrounding neighborhood as the structure is large enough to accommodate the proposed number of users second the proposed use shall not have an adverse impact on traffic in the general vicinity as adequate parking is available third there is not a high concentration of short-term rentals in the area as there are zero located within 100 1000 feet fourth all necessary public services and facilities are available and adequate for the proposed use the rec the motion for approval is made subject to the following conditions One, the short-term rental use shall be established in accordance with the submitted application materials and site plan. Two, occupancy of the short-term rental shall be limited to no more than eight individuals. Three, all necessary permits and or approvals shall be obtained from the divisions of revenue and planning prior to commencement of the use, including a business license, special fee license, and a zoning compliance permit. Four, the conditional use permit shall become null and void upon changing ownership or if the applicant's short-term rental special fee license, as regulated by the Division of Revenue in Section 13 of the Code Ordinances, lapses or is revoked. So moved. I have a second. Mr. Sturtevant. Let me ask the purpose if you agree with those conditions. I'm sorry? Do you agree with those conditions as read? Yes, sir. Thank you. Any further comments from the board? I'll ask for your vote. Your application has been approved. Thank you so much. Thank you. Thank you. Not as fast as the clerk, council clerk, but not too shabby. That's right. All right. Finally, I apologize for for taking so long to get to you folks this is plnboa 24-99 rock daniels and this is this has been recommended for disapproval by the staff so okay and so again this one is a request by rock daniels for property located at 527 and 529 Harry Street. The applicant has asked for unhosted short-term rental for up to two individuals, so it is a very small structure and a small, well, dense area, so let's get into the details here. This is an aerial photograph of the subject property, and we'll try to zoom in. So 527 is where the structure is, and then 529 has a garage and the parking. So it is two parcels, but the principal structure in question is on 527, and then an accessory garage and parking is on 529. Harry Street runs parallel to North Limestone and North Upper Streets, and it is a substandard local street. It's approximately 18 feet of right-of-way, and almost all of that right-of-way is paved, but it doesn't have the standard improvements for most of our urban streets like sidewalks or curbs or gutters, and then there's no available on-street parking either. The immediate area is surrounded mostly by single-family residential, also to the northwest here as well as the southeast, but there are some commercial areas in the general vicinity on the two bookends of Harry, which are 5th and 6th Street. The subject property does have the one story single family dwelling of 481 square feet and then the garage on the adjoining parcel of 240 square feet. dwelling does have one bedroom and then one full bath. Occupancy for a one bedroom would typically allow up to six individuals, but again, the applicant is asking for a maximum of two and they expect that the property will be booked mostly on the weekends, approximately four times a month, and that the existing driveway at 529 can accommodate two vehicles. to the zoning compliance permit data that mr mills showed you a few minutes ago there are 22 short-term rentals operating within a thousand feet of this parcel 512 of the parcels within the thousand feet are residential are sorry there are 512 parcels 456 of those are residential in nature which is about 90% of the properties. The concentration in this 1,000-foot area equates to a 4.8% concentration. And that is based primarily on, again, the number of short-term rentals operating within that area and then the assumption that most of those properties are single-family dwellings in that vicinity as well. Since this is the first short-term rental operated by the applicant, there's not any current short-term rental compliance issues, and the staff is not aware of any short-term rental issues being cited as a nuisance by the divisions of building inspection or code enforcement in the immediate area, and also the police department have not received any complaints about the subject property. Although we include this information in our staff report, I would just note that this property is located in a census tract block group that is not identified as one of Lexington's top ten census block groups in terms of the Mayor's Commission for Racial Justice and Equity report. report. That is, it's not a target or location where we would expect housing and gentrification issues to come about. But the staff concluded that we could not support the application on Harry Street because Harry Street is a substandard local street in terms of its width and does not have the required urban street improvements or sidewalks, curbs and gutters. the street also doesn't allow for any on-street parking, and the limited infrastructure of Harry Street does not support a more intense use of the dwelling unit for short-term rental. And in addition, the concentration of short-term rentals in this vicinity is close to 5%, and the staff considers that to be a high concentration, which could have adverse impacts to the vicinity, not only to the subject property, but adjoining properties. So for those reasons, the staff has recommended disapproval. Again, the proposed use will have an adverse influence on the public health, safety, and welfare of the immediate area based on the substandard condition of Harry Street, which this property fronts onto, and then also the high concentration within the immediate vicinity. So in this photo, it's the light green home with the orange door where it says 27, but it's actually 527. And then the garage is also that kind of mint green in the back. Thank you, Tracy. All right, now the applicant, please. Greetings. Thank you for your time today, Board, and for moving through your agenda so swiftly today. A quick thank you to my loved ones for giving up time at work to support me, and also to Rock Daniels. He is my landlord, and I just really appreciate him trusting me as a conscientious tenant. I've lived at this location. This is my home since December 2022, so this will continue to be my home. I'll just read this quick statement. Creating a short-term rental at the Harry Street location can serve to benefit the Lexington community and also benefit travelers from out of town. Because of its downtown location, visitors will be able to better take advantage of all Lexington has to offer. And because of its size, it is less than 500 square feet. It is ideal for one to two travelers maximum within the space. So as a side note to consider, with the prevalence of food allergies and dietary restrictions, people want access to a full kitchen in order to better manage their food choices while still being in close proximity to area attractions. So this includes Transylvania University, Rep Arena, The Legend Stadium, UK, and having a kitchen space is not always available in a hotel, even though downtown does have tons of hotels. So on a personal note, I've worked in the hospitality industry for over a decade now and find fulfillment sharing Lexington and Kentucky in general with out-of-state travelers. Kentucky has so much to offer. We have a thriving culinary scene. We have world-class equine farms, horse park, distilleries. And as someone who has traveled globally and across the U.S., the infrastructure of the location does not weigh heavily into account when choosing a place to stay. I could not tell you at all the other Airbnbs across this world that I've stayed in if they had a sidewalk or not. The amenities inside the space, the price point, and the proximity to the local cultural opportunities are far more important to the average traveler. So the argument that there are 22 current STR locations within close proximity to my home does not consider the growing tourism industry that requires Airbnb operations to meet this growing demand. So I just found out today the staff recommended disapproval so I hopped on Airbnb and just this morning looking at Labor Day weekend coming up in Lexington and I just did a square radius map from if you can picture Main Street to Third Street and Broadway to Elm Street. So a very narrow block, just imagine that square in your brain. There are 36 openings on Airbnb this morning for Labor Day weekend and that's with no filters. So this is every size property within that radius. Of those 36 listings available, 12 are apartments, 18 are condos, and only 6 are freestanding homes. If you think about it, as a guest coming to Lexington, it's an added advantage to have a freestanding home. You have the kitchen, you have adequate parking, the driveway does hold two cars comfortably. I have put money, my own personal money, into this rental property, fixing the landscaping. I'm happy to make the garage door workable if that would change the staff's approval. So then there would be a third parking space available. But I didn't want to overdo my own personal resources until I passed this step, because I know this step is very important. But all that to say, there is room for this Airbnb to be successful without being a nuisance or disturbance. As you can see, no neighbors are here arguing against this case. I frequently walk down to Douglas Park. It's a very well-lit street and I've never had any issues. Across the street from me directly is a gravel parking lot that only has three cars for the duration of the day, so it's very easy to pull in and out. You wouldn't be blocking the street itself if you're trying to pull in and out that much. still room to maneuver for pre-passage. But I'm happy to answer any questions and there is a five now on the 527 so people can find the house easily as well. But again, thank you for your time and I welcome any questions. All right, thank you very much. Comments from the board? Questions from the board? You do have one letter of opposition from a neighbor. Oh, I did not receive that. I did not receive the agenda either until this morning. Well, that went to Mr. Daniels. Oh, but I was the applicant. He's the property owner, so the permit. Can I get a copy of it? The permit will be issued to him as the property owner. But a copy of the letter so I could address the... Donna's looking for it for you. Oh, there you go. Since you're not an owner of the property, we don't issue the permit to a third party. So in reference to this letter, I have put money into the maintenance of the property and that has been cleaned up and is not an issue. I'm not sure what else would need to be addressed if anyone has specific questions. particular neighbor does have my phone number though and so i have been in communication could you explain to me your comment about this is your home i mean i'm having a hard time seeing this is your home and yet we're talking about us short-term rental yes thank you so i love downtown lexington i used to work at transi and i was able to walk to work so i consider it part of my lifestyle to live downtown and be part of this vibrant community. So the short-term rental would just offer weekend opportunities for out-of-town travelers. I would not anticipate longer stays. I'm hoping to target professors that want to move to the area but are not ready to commit to buying property. So a short-term rental is the perfect go-between when you're moving from out of state but haven't been able to get a lay of the land. So I think short-term rentals have other resources, other benefits to travelers than just vacation. It's also learning about Lexington. Thank you. Any other comments, questions? I know that you talked about the street, and when I went by and looked at it, there was a truck on one side of the street. My vehicle, it's, let's say, medium size. I could not get out that way. I had to back up across the street in the neighbor's driveway to turn around and go out the other way. So it's a very, very narrow area. It is more narrow. I agree with you. I will say that while sometimes this side of the street by 6th Street can be blocked, there's an ice cream store or some sort of a, it's a non-residential commercial building, they will sometimes block traffic down that way. if you're referring to that truck. But I will say you can always get out on Fifth Street along that road where Harry Street connects. And then also to consider people traveling from out of town, especially if they're being wined and dined, as UK professors frequently are in town, they're often chauffeured and they don't always need a vehicle. That also happens at Transy when we would bring in people. So the car is not a deterrent in this case. and having two driveway spots I think is adequate. Any other comments? I was wondering, on your supplemental information, I didn't really answer this, but how will you handle emergencies and other issues? Because they didn't really put that in there. Yes, that's a great question. I have a close friend property manager that lives off Third Street, and I'm happy to provide staff with his name and contact information. And I have not yet found a maintenance team for emergency maintenance requests, but I plan to get that finalized before I list the unit. And I will be in Lexington even during the STR stays. Right. So your plan is to still live here. This is just supplemental when you're... Correct. Okay. Thanks. It's a means to be a budding entrepreneur and dip my toe in the waters of starting something different and I'm excited because it's the intersection of hospitality and property management. So I hope to be there someday. You don't have to answer this if you don't want, but how long have you leased the property? My lease is actually up in December, but I'm hoping to negotiate past that. And Rock has been a very great landlord as far as communication about the lease. Okay, thanks. Further comments? Do I have a motion? I will repeat my comments from the last application about the possibilities of agreeing with the staff or making some other recommendation. I'm ready. All right, thank you. Thank you, Mr. Chair. Regarding Plan 2499, Rock Daniels, request a conditional use permit for an unhosted short-term rental within the defined infield and redevelopment area in a planned neighborhood residential zone on property located at 527 and 529 Harry Street. I recommend to support the staff in disapproval for their findings and for the two reasons within the disapproval. So moved. Thank you, Ms. Plummer. We have a second. Ms. Tucker. Any further discussion from the board? Please vote. Thank you. I'm sorry to say your proposal has been denied. Tell Mr. Daniels that you did a great job, though. Thank you for your time. All right. Any further comments from the staff or the board? I would just like to remind the board that we do have a scheduled work session for next Monday at the Phoenix building on the third floor, and it begins at 1.30. At the Phoenix building? In the Phoenix building, third floor. Conference room? Yes. Yeah. All right. Any other comments? All right. We're adjourned. Thank you, everybody. I'm going to go. Thank you. Thank you.