Diolch yn fawr am wylio'r fideo. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Rwy'n gobeithio eich bod chi'n gwybod beth sy'n digwydd ar y ffordd y byddwch chi'n ei wneud. Good afternoon, everyone. Good afternoon. I'll go ahead and call us to order. We're a couple minutes behind and we've got a long agenda today. So we are officially calling for order. My name is Raquel Carter. I will chair our meeting today. The first item on our agenda is the approval of August 2024. Look at how quickly we're moving. The next thing we will do is the swearing of the witnesses. So if anyone plans to speak today, if you could please stand up at this time. And if you could please raise your right hand. And do you swear to tell the whole truth and nothing but the truth today? Thank you. The next thing we will do is sound the agenda. I will read off the cases. And to make sure that the applicant is here, I will also ask if there's anyone here in opposition. Those cases that are for approval, the applicant is present. Those cases with no opposition, those cases will be heard first. Next, we will hear all of our STR cases that do not have any opposition. And then lastly, we'll hear our STR cases that need to be heard. So the first item on the list is PLN BOA 24-123. That's Mulberry Builders. Is the applicant present? Okay. This has been recommended for approval. Is there anyone here in opposition to this item? All right. This will be number one. The next item is PLN BOA 24-140, Kurt Zender. Is the applicant present? Is there anyone here in opposition to this item? This has been recommended for approval with a slight variance. Were you comfortable with the variance? Yes. Okay. So that will be number two. The next item was PLN BOA 24-170, Ryan Kamenish. And I think this one is going to be postponed, but is the applicant present? Is there anyone here for this particular case today? Okay. That item will be postponed for notice reasons. I think that didn't go out correctly. The next item is PLN BOA 24-172, Will Chapman. Is the applicant present? Dick Nicholson here on behalf of the applicant. We would request a one-month postponement to the next Board of Adjustment meeting so we can sit down and talk to staff about the disapproval recommendation. Okay. Thank you. So we are requesting a postponement. Do we have any questions? If not, I'll entertain a motion. Is there anyone from the audience? Let's see. Is there anyone here today for 1365 Cooper Drive? All right. In that case, I will move for a one-month postponement of PLN BOA 24-172, Will Chapman's application related to 1365 Cooper Drive. Our next scheduled meeting will be held on December 9th. First, Mr. Walker has offered a second. If no further discussion, we'll take a vote. Motion is passed. See you next month. Thank you so much. Chair Carter, could we go ahead and postpone the one previous to that? I'm sorry. I'm sorry about that. Could I have a motion to postpone? I will move for a postponement of PLN BOA 24-170 regarding Ryan Kamenich's property at 444 Jefferson Street, which will be postponed to our December 9th meeting. Thank you. And do we have a second? Okay. No further discussion. We'll vote on the postponement as well. Thank you, Tracy. So the next item on the agenda is PLN BOA 24-173, Lucy Lexhouse, LLC. Is the applicant present? This has been recommended for approval. Is there any opposition to this particular item? Okay. It will be number three. The next item, PLN BOA 24-36, Dustin and Lauren Gage. They have withdrawn the application. No motion needed. Do we need a motion? No. Okay. Thank you. So number two under conditional use, PLN BOA 24-119, the church in Lexington. Present. Okay. Are we requesting an additional postponement? Yeah. My name is Charlie Hall with Thoroughbred. We're requesting an additional month. We're still waiting on the engineering report? Mm-hmm. All righty. I'll entertain a motion to postpone. I will move to postpone PLN BOA 24-119, the church in Lexington, Inc. regarding 1136-1220 and 1250 Higbee Mill Road to our December 9th meeting. First and a second. We will take a vote. Motion is passed. We hope to see you next month. The next item is PLN BOA 24-129, Jackie Arnold. Is the applicant present? Yes. Do we have anyone in opposition for this particular item? Okay. This has been recommended for approval, so you will be first on the STR docket. The next item is PLN BOA 24-134, Centenary Church. Is the applicant present? Present. Thank you. And are we requesting additional postponement on this one? No. No. Okay. This was postponed from last month, so it has been recommended for approval. Do we have anyone in opposition to this particular case? Okay. That will be number four on the HERD docket. All right. The next item is PLN BOA 24-135, Kenneth Howard. Is the applicant present? Present. This has been recommended for approval. Do we have any opposition to this item? We have one in the back. Okay. That will be the first one on the HERD STR docket. Okay. I have PLN BOA 24-143, John Shornick. Is the applicant present? Present. That has been recommended for approval. Is there any opposition to this particular item? Okay. We will be number two on the HERD STR docket. Then we have PLN BOA 24-154, Parsons Plumber Properties. Is the applicant present? Present. This one has been recommended for disapproval, so it will be fully HERD. That makes you number three on the HERD docket. Then we have PLN BOA 24-156, Anna Rivest. Here. Let's see. This one has been recommended for approval. Is there any opposition to this particular item? All righty. I think that makes you number two on the STR. Then we have PLN BOA 24-158, Priyanka Shrestha. Is the applicant present? Present. Thank you. This has been recommended for approval. Is there any opposition to this particular item? Okay. That makes you number three. Oops. Then we have PLN BOA 24-159, Storm Cherry. Is the applicant present? Present. This one has been recommended for approval. Is there any opposition to this particular item? Okay. Number four. All right. We have PLN BOA 24-160, James Hinkebein. Is the applicant present? Present. This has been recommended for approval. Is there any opposition to this particular item? Yes. It's number five. PLN BOA 24-161, Denali Towing, LLC. Is the applicant present? Present. This has been recommended for approval. Is there any opposition to this particular item? That'll take us back to number five. I have PLN BOA 24-162, 201 Tobacco Road. Is the applicant present? Present. I'm sorry. Where were you? Oh, back there. Okay. Thank you. And this one has been recommended for approval. Is there any opposition to this particular item? We do? Okay. Makes you number four on the STR herd. Okay. Then PLN BOA 24-163, Rita Jones. Is the applicant present? This one also needs a postponement due to a notice issue. Make a motion. I will. PLN BOA 24-163, Rita Jones's request related to 3772 Kennesaw Drive. Is the applicant present? Present. Okay. Then we'll move on to item number nine. Thank you, Brandon. We had a second from Ms. Tucker. We'll take a vote. That item has been postponed. Was there anyone here to speak on 3772 Kennesaw Drive? Okay. All right. So that will be postponed until next month. The next item is PLN BOA 24-164, Emerald Shinobi, LLC. Is the applicant present? No. That has been recommended for approval. Is there anyone to speak in opposition of this item? Okay. I think that's number six. And then we have PLN BOA 24-166, Corey Elder. Is the applicant present? Afternoon. This has been recommended for approval. Is there anyone to speak in opposition of this particular item? Okay. That's number seven. Then we have PLN BOA 24-167, Brennan and Suzanne Farran. Are the applicants present? Present. This has been recommended for approval. Is there anyone to speak in opposition of this item? Okay. We'll be number eight. PLN BOA 24-168, Green Diamond, LLC. Is the applicant present? Present. And this one has been recommended for approval. Is there anyone here to speak in opposition of this item? I think you'll be number nine. Okay. The next item is PLN BOA 24-169, Jack Thomas. Is the applicant present? This one has been recommended for approval. Is there anyone to speak in opposition of this item? Okay. So we have PLN BOA 24-171, Crystal and Eddie Toe. Are the applicants present? And this one has been recommended for approval. Is there anyone to speak in opposition of this item? Okay. That will be heard. And this one has been recommended for approval. Is there anyone to speak in opposition of this item? Okay. We'll be number five on the STR docket. All right. Did I get my numbers right, Chad? Chad? Close? Pretty close? Okay. Okay. We'll start with PLN BOA 24-123, Mulberry Builders. The applicant can come forth. Good afternoon. We have PLN BOA 24-123, Mulberry Builders. This one has been recommended for approval. And there are two conditions that have been listed. Have you had an opportunity to take a look at those? Yes, ma'am. And are we okay with those? We are. Wonderful. We've already had the documents ahead of time. Does anyone have any questions of this applicant? If not, we will entertain a motion. Madam chair, I recommend approval of PLN BOA 24-123, Mulberry Builders. And I have the recommendation and the two conditions as listed. Thank you. We have a first by Mr. Clark and second by Mr. Sturdivant. Any further discussion? If not, we'll take a vote. Wonderful. Your motion is passed. Next item is PLN BOA 24-140, Mr. Kurt Zender. Please state your name for the record. Kurt Zender. Thank you. Staff has recommended approval, but they did make a modification. They didn't approve to five feet. They're willing to approve to six feet, six inches. Are we comfortable with that? Yes, that works with our plan. And there are also two conditions that have been listed. Had you had an opportunity to take a look at those? Yes, I have. We're okay with both of those. Wonderful. We've had an opportunity to look at the plan ahead of time. Does anyone have any questions? If not, I'll entertain a motion. I have a question. Or maybe this might be too. I noticed that your fence is right up against the sidewalk. Would you move in that fence? No. The fence was previously approved under a permit 13 years ago. So the fence will be staying in that same location. I can't remember what the fence. That's a question. I'm sorry. With a fence right up against the sidewalk? The current regulations, which changed, I want to say in maybe 2014, 15, you cannot be right up against the sidewalk. There's a one foot setback that's now required. Correction. Yes, 12 to 18 inches off the sidewalk. There's a strip of grass that I have to mow between the sidewalk and my fence. I guess that was probably from the planning department when I got the permit for the fence originally. Thank you. Yep. Thank you. Any further questions of this applicant? Wonderful. I'll entertain a motion. Madam chair, I will move. Let me get back to the front page. I will move for PLM BOA 24-140, Kurt Zender's request a variance to reduce the required side street, side yard setback on a corner lot from 30 feet. Make sure I get that right. Wait a second. To 6 feet 6 inches in order to construct an accessory swimming pool. And in addition to a nonconforming structure and a single family residential zone at property located at 607 Lane Allen, based upon the staff's report, Mr. Zender's testimony and subject to the conditions, including the lesser variance. Thank you. It looks like Mr. Sturdivant has offered a second. No further discussion. We will open for vote. Good luck. Thank you. I would like the record to reflect side street, side yard setback is one of my favorite phrases. Thank you, sir. Thank you all. The next item is PLM BOA 24-173, Lucy Lexhouse, LLC. Good afternoon, Darren Taylor. Thank you. Now, this has been recommended for approval, and there are two conditions that have been listed. Had you had opportunities to look at those? We have. And we're comfortable with those conditions? We are. Wonderful. Another side yard setback. Do we have any questions of the applicant or of the site plan? If not, I'll entertain a motion. I can make a motion to approve. I'm sorry. I'm sorry. Hold on just a moment. There's a couple of letters. Give us just a moment. Thank you. No, you're welcome. Slow me down any time. Am I good? OK. Thank you. I can make a motion to approve PLM BOA 24-173, Lucy Lexhouse, LLC. This is an ordinance to improve the application experience to reduce the required side yard setback from nine feet six inches to one foot within a neighborhood design overlay in D1 in a single family residential zone on property located at 105 Old Cassidy Avenue based on staff recommendations and subject to two conditions. Thank you. And Mr. Clark has seconded the motion. Thank you. Motion is passed. Good luck. Thank you all. We'll hop over to our next item under conditional use. And that would be the applicant priest come forward. I know we have. Carmen I Korean on behalf of the seminary church. Thank you guys. Slow me down today. I'm determined to get everybody out. But I will slow down if you make me. So it has been recommended for approval. And I know we postponed this from last week. There are 11 conditions that have been listed. Have you had opportunity to review those conditions? Yes. And those are acceptable. Thank you. I would just like to clarify that condition number four says that the access drive will be paid with asphalt or concrete. The applicant is actually proposing that they keep the gravel that's currently there and kind of realign some of it. But they are providing asphalt to the handicapped spaces. And we've provided an updated site plan that reflects that. I saw that on the rise. And it's that comfortable with that. Okay. So would emotion need to amend that condition or. I think the proposed access drive shall be paid with asphalt or concrete. Okay. Any other questions? To connect or something along those lines to the pedestrian facilities. Miss Tucker, did you have additional question? Okay. I'm sorry. I'm sorry. I did not hear that. The site that's being created out there with the concrete and the bricks and the rebar and. I may ask my colleague to step up to David. All those things. David Carter. The site we were bringing in some field material in order to be able to, to level out that area, but the extra concrete and rebar, we had some illegal dumping that came in there and we've stopped that and we've removed. We will, we will begin to take care of that and clean that up. Okay. I was just curious about it because there's a lot of it there. And then I noticed that you've been excavating quite a bit in the silk fences, probably. I don't know, 300 feet at least from where the dirt pile is. Yes, it was in, it's still on our property there to basically protect the, the area. And as soon as this is done, we have to go back and get a update our permit on the, as soon as this is approved to get the land disturbance permit and that any adjustments need to be made will be made immediately to that. All construction is stopped until this is until this is completed and we can go back to engineering for those approvals. So would this need to be added or postponed or anything? They filed their conditional use application to update this one because they were not issued a land disturbance permit. Division of engineering asked them to stop moving dirt and notified our office. And then we talked to their engineer about the need for a conditional use permit to be updated because they were creating new soccer fields and more flat space and removing trees and grading a lot of things. I was just wondering about the dump site. Yeah, I don't, their application didn't really address the dump site, but I do know what you're talking about. The concrete that they've added. Yeah, the dump site, there's a plan we'll immediately come back with a land disturbance permit application to resolve that. Any further questions of the applicant? Chair, I was going to suggest on condition four, it could be replaced with the following text. The ADA accessible parking areas and the adjacent pedestrian facilities shall be paved with asphalt or concrete. Is that consistent with what you? Yes. And I think you could say consistent with the site plan provided. No questions, Mr. Gross. All right. I'll entertain a motion. Madam chair, I'll move for approval of PLM BOA 24 dash 134. And I'll move for approval of. And I'll move for approval of the Centenary Church's inks request to amend an existing conditional use permit for outdoor. Recreational facilities, soccer fields in an AR zone. Related to property at 4, 8, 6, 1 Athens Boonesboro road. Based upon the staff's report, the testimony here. The 11 conditions set forth in the report, And I'll move for approval of the application. And I'll move for approval of the application. And I'll repeat as Miss Smith has read into the record. And of course, we've got an updated site plan that will also accompany. This application. So moved. Full Do we have a second? Mr Clark has offered a second. No further questions will open for vote. Thank you. I appreciate the board's time and that of the staff. Thank you again. Thank you. Thank you. We will hop over to conditional use. She number 12 on the agenda. PLM BOA 24 dash 1 61 Denali towing LLC. The applicant will please come forward. My name is Kevin Winchester with the knowledge on. Thank you. This has been recommended for approval. There are 10 conditions that have been listed. But you had an opportunity to read through each of those. Yes, ma'am. And are we comfortable with each of those conditions? Yes, ma'am. Previously received the site plans. Do we have any questions of the plan for this applicant? I'd like just just ask. I think I understand. But the vehicles will be stored both inside and outside. Is that is that correct? It was just outside. Just outside the building that's existing is just an office building. I got you. All right. Thank you, sir. Yeah. Any other questions? Not I will entertain a motion. Motion. I'd like to make a motion to approve PLM BOA 24 dash 1 61 Denali towing LLC. Request conditional use permit to establish a vehicle storage yard. In a light industrial zone. On property located at 604 Brazil drive. Based on recommend recommendation of staff. Thank you. And Miss Tucker has offered a second. There's no further discussion. We will take a vote. Wonderful motion is passed. Good luck. Thank you very much. All righty. So we will start our SCR docket today. And the first item to be heard is PLM BOA 24 dash 1 29. Jackie Arnold. Hello. I'm Jackie Arnold. Good afternoon, Mr Arnold. So this has been recommended for approval. There are four conditions that have been listed. One is that you are meeting the no more than eight individuals. Have you had a chance to look over those? And are you comfortable? Yes, I have. Wonderful. And I forgot to do the staff presentation. We'll do it next. Okay. Absolutely. Is there anything you'd like to tell us about? Just for the record, I'm not sure if it matters or not. But in the paperwork here, it shows us a three-bedroom, one bath. And it's actually a four-bedroom, two bath. Okay. And it's a three-bedroom, one bath. So it's a four-bedroom, one bath. All right. Do we have any questions of this applicant? I have a question. Has this property been operating previously as a short-term rental? Yes, sir. And how long? Well, we generally, we use the property for my mother-in-law, which is disabled. So it's been operating for a little bit more of the year. About a third of the year, roughly, we don't operate it. We have it closed due to, you know, weather, February, January, things like that. So we started it roughly around 2020. But it's just not, you know, we haven't been doing it very often. And we were not aware of the short-term rental. Thank you. It's out of the year, so. Yeah. Wonderful. All righty. Anything further? I will entertain a motion. Madam Chair, I recommend approval of PLNBOA 24-129, Jackie Arnold's request for conditional use permit for an unhosted short-term rental on a single-family residential zone of property located at 2425 Yuma Court, based on the staff's recommendation and the four conditions as listed. Thank you, Mr. Clark. Do we have a second? Thank you, Mr. Walker. We will take a vote. Wonderful. Motion is passed. Good luck. I'd like to. I'm sorry. I'm sorry. I was reading the letters for me. Oh, I'm sorry. Okay. Didn't mean like that. Okay. Didn't mean like that. I'm sorry. I think the letters. Okay. Good deal. And actually, if we could, if I could back back just a moment, could we get staff's presentation on the STR? We normally have staff present on the STRs before we jump into them, just so we have the ordinance in front of us and understand the guidelines that the staff has used to recommend approval or disapproval. Staff may also mention in the presentation that there will be a change in the ordinance that has not come into effect yet, so we will be making all our decisions on the current ordinance as it stands. James Mills, planning staff. So I'm going to present to you the STR applications and regulations for this month. I'll be very quick, but the current STR regulations were adopted July 11th of 2023. STRs that were legally operating before this date were allowed to be grandfathered in and did not require a conditional use permit. They only needed a ZCP or a zoning compliance permit from the Division of Planning. Existing STRs only had six months to be considered grandfathered in to receive that ZCP. STRs with an occupancy greater than 12 required a conditional use permit as of, this is November 11th, but as of today, the Division of Planning has received and processed 877 zoning compliance permits for short-term rentals. Section 13 of the Code of Ordinances includes additional regulations for STRs related to business licensing and permitting, and STRs shall not be utilized for private events such as weddings or parties. So in the zoning ordinance, we had kind of focused on Article 111, which defines STRs as a commercial use of a dwelling unit for less than 30 days. Article 111 also defines unhosted and hosted STRs in which a primary resident does not occupy the property during the short-term rental period, which is unhosted and occupies the property during the short-term rental period during hosted. Article 313, the Board shall establish a maximum occupancy for short-term rentals of two per bedroom plus an additional four individuals. These are our current STR regulations. There are some in front for consideration in a zoning ordinance tax amendment, but right now these are what we are considering today. This graphic shows where it's a conditional use in which zones are an accessory for short-term rentals. For conditional uses, the factors requiring review mainly are noise, traffic, parking, compatibility with an area, and whether they comply with other zoning ordinance requirements. The findings for approval usually should also include not adversely affecting the subject or surrounding properties and necessary public facilities and services. The zoning ordinance also gives other mechanisms for analysis, including the number of STRs in a given area, the determined compliance record of the applicant if they have operated other short-term rentals in Lexington or with their current application, the occupancy rate of other STRs in the general vicinity, which we have not been able to quantify, and whether other STRs have been cited as a nuisance. This is our task force on neighborhoods and transition report, which none of the applicants today fall under. So we have a new methodology that we are using based on our work with the GIS department to provide more accurate data for the board, particularly in conjunction with the recently proposed zoning ordinance tax amendment to the City of Lexington's STR regulations. This new methodology measures the number of STR, residential STRs within 1,000 feet, out of the total number of residential dwelling units instead of out of the total number of residential parcels. To put it simply, we are transitioning from the use of parcels for our concentration calculation to the use of dwelling units. These changes have also occurred in conjunction with the Department of Planning's transition from the use of ArcMap to ArcGIS Pro as our data analysis tool. To summarize all that, essentially the new data analysis software that we are using allows us to more efficiently use dwelling units as a measurement for determining concentration rather than just having to use parcels. And here are the concentration STRs in proximity to the subject property. So what we wanted to include for today's presentation was both residential dwelling number and the parcel percentages so the board can have an opportunity to see the difference in what these concentration percentages are and determine if this is of any use for them. But other than that, any questions? I had a question. If you could flip back to your task force slide, please. Yes. I noticed that that was... Was it 2018 when this report was done? Yes. Is there a projected date for that to be updated? Not that I'm aware of. I think the task force was established in 2018, but I don't think the report was in 2018. I believe it was after the 2020 census. I believe it was 2021. So we're only in a three-year gap from the census or from when that report came out. We do expect to update those numbers as more census information becomes available on a routine basis. In fact, our division, long-range planning and the division of planning, is creating a dashboard of data so that we'll be able to have those updated on a routine basis when the information is available. Thank you. Any other questions? One question. I know we're not... I know the new ordinance has not been done, but I can't recall off the top of my head. What number... I can't remember. Is the city council proposing... 3% if that's what you're... Yeah, that's what I'm looking for. The 3% number? Okay. We still went with 5%. If the board wishes to get ahead of it, they can, but that's not... Right now, we are looking at just what we have been doing since the beginning of this, and we continue with that 5% number. No, I understand. I just wanted to make sure that I was keeping up with the times. Thank you, sir. Thank you. Thank you for this. No problem. Wonderful. And thank you guys for letting me step back just a little bit. Our next case will be PLN BOA 24-156, Anna Rivas. I'm not Rivas? Rivas. I think I said it right the first time, wrong the second time, or was I wrong both times? What is it? Did I say it wrong both times? I thought I... It's okay. Sorry. That's okay. So you have been recommended for approval, and there are four conditions that have been listed. Okay. Have you had an opportunity to review those conditions? Yes. And are you comfortable with those conditions? Uncomfortable. Okay. It looks like we have one letter of opposition. Make sure everyone has an opportunity to take a look. Other than that, is there anything else you'd like to tell us about the property? No. Okay. Unless you have a question. Do we have any questions of the applicant? This is the one on 2240 Preakness Court. No other STRs registered in the area. I'll entertain a motion if we have no questions. Madam Chair, I recommend approval of PL NBOA 24-156 and a request for conditional use permit for an unhosted short-term rental in the single-family residential zone on property located at 2240 Preakness Court, based on the recommendations of the staff and the four conditions as listed. Wonderful. Thank you, Madam Chair. Mr. Sturtevant has offered a second. No further discussion. We'll take a vote. Motion is passed. Thank you. Priyanka Shrestha. Good afternoon. Hi, Priyanka Shrestha. Hi, Storm Cherry. And you guys have PL NBOA 24-159 as well? Those two? Yes, ma'am. Those both have been recommended for approval. There's four conditions listed on each of those. Have you had the opportunity to review the conditions? Yes, we have. And are we comfortable with the conditions? Yes. Give us a chance. We will take one at a time, since you guys were both there. There's some citizen notes here. The first one, Kingston, where were we on our percentages? 0.48%. Okay. Only one in the 100-foot buffer. All right. You have some questions? It says two bathrooms. Are they both full bathrooms? They're both full bathrooms, yes, ma'am. Okay. And I noticed that on both the properties, the signage had been taken down about the conditional use permits. I don't know what happened to those. And then are you from Charlotte, North Carolina? Is that where you ...? That's where we currently reside. We're both actually Lexington natives. We moved to Charlotte during the pandemic. Okay. So you're not here now? I'm sorry? You don't live here now? Correct. Okay. Thank you. And I'm sorry, Ms. Tucker, the sign going... Oh, you saw when you went by, the sign was there. Yeah. Okay. I was like, wait, I can't find it here. Okay. Gotcha. Okay. Thank you. Thank you. Okay. Any further questions? All right. If not, I will entertain a motion. Madam Chair, I move to approve PLM BOA 24-158 Priyanka Shrestha. People would have approved before, but we're having a hard time pronouncing names. That's what it was. Okay. All right. All right. I move to approve the request for conditional use permit for an unhosted short-term rental and single family residential zone on property located at 720 Kingston Road, based on staff's recommendations and subject to the four conditions. Thank you. We have a first. Mr. Walker, do we have a second? Mr. Clark? Wonderful. All right. We have a second. We have a second. Motion to approve. Motion is passed. Thank you. Thank you so much for your time. No trouble. No trouble. Mr. Cherry, you have 2308 Cabot Drive? Yes, ma'am. That one has also been recommended for approval and there are four conditions that have been listed. Would you like an opportunity to check those out? Yes, ma'am. And we're comfortable with those conditions? Yes, ma'am. Let's take a look here. Let's see. Okay. Okay. No additional comments from the citizens on this particular item. Five parking spaces, it looks like. Okay. Yes, ma'am. Any questions or I'll entertain a motion. Madam Chair, I recommend approval of PLNBOA-2020. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Thank you very much. Thank you very much. Thank you. Thank you. Okay. Thank you. Thank you. Thank you. Thank you. Mrs. James Hinkebaien. I do love this part. Good afternoon. My name is James Hinkebaien. Good afternoon. This has been recommended for approval and there are four conditions that have been listed. Had you had an opportunity to review those conditions? Yes, I've reviewed them. I'm fine with the conditions. Are you comfortable with it? Okay. I have not received any additional comments on these. On this one. Looks like that percentage is, where are we? About two percent. Just a quick moment while everybody gets reviews. You want to ask questions? I noticed that you had some parking in the back, but this is also a permitted street. It's right down at UK. Yes. My daughter lived there when she was a student at the University of Kentucky in law school. They had up to ten cars in the driveway at one time, not into the grass. You can comfortably fit five to six vehicles without any problem in the driveway where no parking needs to be done on the street. Does that answer your question? Thank you. Do we have any other questions? I'd like to have just some comment about there seems to be a few problems about the application for the approval and a citation by the division's building inspection and code enforcement. If you could kind of explain your situation there and how we resolve that. I appreciate the question and opportunity to talk to that. So like I said, originally this was a house that my daughter lived in at the University of Kentucky. At the point we decided, my wife and I, whether we were going to keep it, rent it out to students like we did my daughter and her other students there as well or return a short-term rental. We decided to turn it into a short-term rental, which we renovated it in December 30th of 2020. At the time, did all the requirements that was needed, including getting a business occupational license through the revenue department in Lexington. And then thought I was doing everything in compliance with the city until September 7th. Received a letter from planning and zoning that I was out of compliance. I was not aware of any kind of new restrictions into short-term rentals within Lexington. Apparently from talking to The Department of Planning and Zoning, there was things sent within the Lexington Herald. Nothing was sent to me directly in any kind of notification. That day that I was made aware that I was out of compliance, I received guidance to go online, fill out a short-term rental application. On September 17th, I received that application through email through Mr. Mills. I immediately started work, putting it together, doing the site plan, turned that in on the 26th of September. So as soon as I received notification that I was out of compliance, I went through all the steps properly needed to become in compliance with the city. I wasn't aware of the grandfathering, obviously, if I was aware of the grandfathering nature of what was available for six months, I absolutely would have been more than happy to do that at my time. But as soon as I found out, literally that afternoon, I started on the application process to come in compliance. So you're comfortable now with your relationship with the staff and the process itself? Absolutely. I totally understand why Lexington is doing this. I think it's a good thing. I feel like I have a wife and I have a good property to add to the existing structure of being close to Central Baptist Hospital, University of Kentucky Hospital, and University of Kentucky. It really serves a tri-third purpose for parents, seeing their kiddos on campus, as well as traveling nurses that work both at Central Baptist or families that have, from extended areas, need a place to stay where their families can gather while their sick ones are ailing in the hospital. So absolutely, 100% in compliance with recommendations. Very good. Thank you, sir. So who will be managing the property locally? I live in Bardstown, Kentucky. My wife is actually a retired kindergarten teacher after 30 years. So she's able to be at the property. I have a property manager who looks after the property, oversees all the cleaning. Also I'm an owner of Court Physical Therapy. So I'm in Lexington one to three days a week myself and ride by the property very frequently just to make sure that it's properly well maintained, all the garbage is getting taken out on a regular basis through my property manager. So even though I live in Bardstown on a weekly basis, we have eyes and ears on the property as well. So you do have a local property manager? I do. Yes. In addition to me being in Lexington, I do have a property manager that oversees all the cleaning and operations, making sure the garbage is going out. I have someone that takes care of all my exterior pieces, too, as well, landscape, cutting grass, all that piece as well. Thank you. Any further questions? I've got one more quick one for you. This will be an easy one. Maybe my eyes are playing tricks on me, but since you've got five bedrooms, is there just one bed in each bedroom? There's one bed in each bedroom. I know on the report plan, it wasn't planning zone, but it was, whoever said it was four, it's five. I actually put in my packet pictures of all five bedrooms in there, but it's one bedroom or one bed in each bedroom. The bedding changes on a couple of different, the perception is a little bit off, but I just wanted to clarify that there was only one per bedroom? One per bedroom, yes. Thanks, sir. Appreciate it. Any other questions? If not, I will entertain a motion. All right, Madam Chair, I move to approve PLM BOA 24-160, James Hankenbin, am I close? You're close. They gave me all the tough names today, so request for a conditional use permit for an unhosted short-term rental within the defined infill and redevelopment area and historic district overlay zone in a mixed low-density residential zone on property located at 130 Shawnee Place, based on staff recommendations and subject to the four conditions. Mr. Gross has offered a second. We will take a vote. Motion is passed. Thank you. We have PLM BOA 24-164, Emerald Shinobi, LLC, the applicant will please come forward. Jonathan Goins. Did you get that? No. Please state your name again. Jonathan Goins. Okay. This has been recommended for approval. There are four conditions that have been listed. Are you comfortable with those conditions? I am. In Woodlawn, we're not showing any existing STRs. We did get one comment from a neighbor. Okay. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. We have almost time. We did have a comment from a neighbor. If you could take a look just for a moment. Oh, two, I'm sorry. Okay. You there? Make sure everybody has a chance to take a look. While we're reviewing, does anyone have any questions of the applicant? Okay. I noticed the owner, when I looked it up, was named Jonathan D. Goins. Is that correct? I am Jonathan Goins. The actual property owner is Sudhakar Kuchibokla. Okay. I'm sorry. Say that again. Sudhakar Kuchibokla. Oh, you're not the property owner. I do not own the property. I am leasing the property from the owner. Is the business a deal? I think that's a, we have to make sure we have the right applicant. So, in order to get the special fee license that goes with the conditional use permit, that can only be issued to the person who actually owns the property by ordinance. So, you would not be able to get the special fee license that you would need to legally operate. I would need to get the... So, basically what we need is, we need to hear from the owner. I mean, we don't have... Is the owner here today? The owner is not here today. The owner is actually not even in the United States. Okay. Did they get permission? Well, I feel like we had one that they had written permission, right? No? It was problematic. Happened last month. Yeah. Okay. So, even if we issue a conditional use to this LLC, this LLC needs to be the owner of the property. They need to be the same. The owner is the only one that can get the special... The LLC probably does own the property since he is a 50% partner of the LLC. Is that what it reads on PVA, though? That's going to be our go-to in terms of the property owner. So, who is the actual record owner of the property? The owner of record. Who is the owner of record? Sudhakar Kuchibola. Okay. So, if you're wanting the operator to be this LLC, and he is a member of that, there might be a way to transfer it. But until that's the case, then we can't get a special fee license in your name. It has to be in the name of the actual record owner of the property. And you cannot legally operate without that by ordinance. So, that gave the 50% ownership. But that's just great for the LLC. Yeah, if they own that, that's... I can't advise them what to do. There might be an easy way to fix this. We thought we had submitted all the proper documentation. If there's more documentation, can I get that written? You submitted the information in order to apply for a permit. But the next step is going to trip you up for the special fee license. If this board issues a conditional use to the LLC that applied, then that needs to be the owner. They need to be the same. How can I make that happen? What do I need to do? Transfer the property to the LLC. Okay. We can probably do that, but it's going to take a moment. I was going to say, should we postpone this until next month? Or can he... I guess my question is, can this be fixed, or is this a separate application issue? Once you act on this particular applicant, we wouldn't hear it again. You would need to proceed with this particular applicant name when you go get your permit, which needs to be the owner, the licensing fee. So he should withdraw this application. I think he could postpone. He has to apply. It has to be owner of record that makes the application. Or have permission, and then with the assumption that they're purchasing the property after the board acts. Sometimes we have a contingency. But, yeah, a postponement might be the best case to kind of work through the issue. Postponement? I would suggest postponing it. Sir, do you want me to postpone this for a month so you can work on it? Please. I will hereby move... Wait. This is a no opposition case, right, other than the letters? Right. Okay. I will hereby move for a postponement of PLM BOA 24-164, Emerald Shinobi LLC's request for a conditional use permit for an unhosted short-term rental at 2745 Woodlawn Way to our December 9th meeting. Thank you. Thank you. Mr. Sturdivant has second. We'll take a vote. Okay. So this has been postponed for you to work that out. And just for record, I just want to note as well, there were quite a few letters of opposition. So you may also want to chitchat with your neighbors to make sure everybody's on the same page. Just advice, not requirement. Well, yeah. But no one told me anything. I did ask them. So, yeah, that was very interesting. And you can contact the planning staff, and they can tell you what you need to submit for them to be able to move forward next month. I'll give you copies. Thank you. Thank you. Thank you. Mr. Goins. Mr. Goins. Would you like to see copies of the opposition? Yes. Okay. You can keep those. Thank you. All right. Our next item is PLN-BOA-24-166, Corey Elder. Good afternoon. Please state your name for the record. Corey Elder. This has been recommended for approval. I do notice there are six conditions listed here, including the maximum of 72 days per calendar year. Do you want to tell us a little bit about your plans with the property? Yes. So I do reside there a good amount throughout the year. I travel a lot for work. I'm from western Kentucky, and a lot of my work is out in western Kentucky where I do have a property. And so as I was talking with the planning staff, I did ask for some of those that are in there. I think there's three ones that are more specific to my property. And I think if you look at the list, you know, there are several in my, you know, zone. And so, you know, I'm just planning to use this property as a short-term rental for a very limited amount. My only concern on there, and if you look at the case report from staff at the top of the second page, I do not reside there for the definition of a primary residence. I'm there an awful amount throughout the year. But I don't know if I would hit number four. I think it's 275 nights a year. And I kind of think that condition one and six kind of count the same as that condition number four. So you do live there for part of the year, but not the 200? What's the number? I think the definition is 275 when I was looking it up. And I guess I'd ask with staff, given the fact that we're putting a 72-day maximum, does that kind of alleviate your concern with putting in the permanent residence requirement in number four to where maybe we just delete that one? So it looks like staff is in agreement that maybe if we could just remove number four, and I'd be comfortable with that since we're limiting it to only 72 days, which is 2.5 months a year, more or less. Are there other questions of this applicant? No comments received on this one. I'm trying to look. I just wanted to comment that there's 12 within the 1,000-foot buffer zone. And I think that's too many. There's a 3.36%. And then one more question for staff. Should we also tweak number six to remove if the applicant purchases a new primary residence? OK. And Ms. Tucker, yeah, I agree with that. I think that's a good point. OK. And Ms. Tucker, yeah, I noted that. I also noted that this has a high percentage for the area. But I think given the fact that the applicant's limited to 72 days, it gives me a little bit more comfort on this one. I think if it was a full-blown 365 a year, I'd probably, I'm getting more comfortable with the 3% rule the council's proposing. And so I would be probably less comfortable with this one if he did not volunteer the 72 days. Thank you. I don't disagree, but I do wonder, did you add a buffer? Because your original condition statement said that it was going to be short-term rental for 30 to 40 days a year. And then you're asking for 72. So originally, I think we had talked 50 or 72. That was just in five years, if I have to come back and ask for 20 more days, two weeks out of a month would be way more than what I would expect. So I think that cap is why I asked for that. But I'm fine with 50. That would be fine. OK. Any further questions? If not, I will entertain a motion. Are we going 50, Chad? I like when applicants put their own stipulations on it. It makes it nicer. Because instead of saying the whole year, now it's down to six months, now we're playing poker. So that's up to you. I don't limit you. We're putting it in here already. But it's totally up to you which direction you want to go. With the 50 or the 72? Yeah. I'm fine with 72. That was more of a clarification. OK. Yeah. All right. OK. Any more questions? If not, I'll make a motion. OK. Madam Chair, I hereby move for approval of the application. OK. Madam Chair, I hereby move for approval of PLMB 0824166, Corey Elder's request for a conditional use permit for an unhosted short-term rental within the infill and redevelopment area located at 726 Bel Air Avenue. Based upon the staff's report testimony today, subject to the conditions except we will strike condition number four as shown in the report. I will modify condition number six to delete the following after the word ownership, comma, I would delete if the applicant purchases a new primary residence, comma, that's in condition number six. So I hereby move with five conditions and new number five being amended to state. Delete that language. I think I got that right. I'm going with it. And Mr. Walker has seconded it. So we will take a vote. All right. Motion is passed. Thank you. Thank you so much. The next item, PLMB 0824-167, Brennan and Suzanne Farrell. Hello. Good afternoon. I'm Suzanne Farren. Farren. Good job. It has been recommended for approval here for you and there have been four conditions listed. Had you had opportunity to take a look at those conditions? Yes. Although I think the limit of six individuals was self-imposed by us just because it's a three-bedroom, two-bath house, I did see in the case report that typically that would allow up to ten applicants. I don't know that we need to go that high, but I'm just trying to make sure we follow all rules and if, you know, there was a baby or something that made it seven or eight individuals, if we should increase to the ten, which is typically the recommendation under a three-bedroom house. But up for your all's recommendation there. Okay. Take a look here. We have not received any additional public comment. There are nine. We're right at 3%. It is a high touristy area as well. Are we on parking? There's a driveway and there's on-street parking, no permits or anything in the area. The driveway fits two vehicles and then there's parking right in front of the house. Any questions? I noticed in the backyard there was no fence between the house and the legacy trail and the park. Yeah. Do you intend to put one back there? No. And actually the backyard, I wouldn't even suggest to people to go in the backyard. There's a side porch off the side of the house that you can enter from the driveway or from inside the house. There's no real access to the backyard and I would encourage people to go to the park if they wanted to utilize outdoor space rather than the backyard itself. We really just keep it groomed and don't really expect to use it. So there's no concern about anyone coming in from the park because there's no fence back there? No. No. I don't think they would have to come to the side or to the front of the house. What is the business located next door? It's the Country Club Restaurant. It smells great. It's like brisket and a lot of smoked meat. I've been there. I know all the restaurants. Yeah. And that actually was one of the reasons I was comfortable with it whenever it's right in a commercial space with commercial neighbors. Yes, absolutely. It's a little easier lift. Do we have any other questions? If not, I'll entertain a motion. Madam Chair, I recommend approval of PLNBOA 24-167, Brennan and Suzanne Ferran, request for conditional use permit for an unhosted short-term rental within a defined infill and redevelopment area in a planned neighborhood residential zone on property located at 553 Jefferson Street based on the staff's recommendation and the four conditions as listed. Thank you. Thank you. And Mr. Gross has offered a second. There's no further discussion. We will take a vote. Motion is passed. Thank you. Thank you all so much. The next item is PLNBOA 24-168, Green Diamond, LLC. Applicant, come forward, please. My name is Bethany Baxter. I'm here on behalf of Kitty Dog, LLC, which is the lessee who manages the property. We've also got Mr. Rose here on behalf of the applicant as well as the property owner and a representative from the property management. Okay. Can we clarify who's the owner of the property? I'm Dan Rose. I'm the attorney for the owner. The owner is an LLC called Green Diamond, LLC, and Nassim Nourizar is one of the owners and managers of that company. Wonderful. Okay. Let's see here. We have the property. Just checking here to see if we had any public comment. Let me catch up just a moment. And this is the one that I see because everyone's here. We've got full-time management of the property. Yes. We have a crew that goes daily, checks the pool. We get all the vehicle's information before arrival. We check it daily. Candace Kilgore. Okay. Thank you. You're welcome. It's a nice estate, nice property. Do we have any questions? Looks like plenty of parking. No other questions, I'll entertain. All right. I will move for approval of PLM BOA 24-168, Green Diamond, LLC's request for conditional use permit for an unhosted short-term rental with an occupancy greater than 12 at 1911 Parker's Mill Road. I move for approval of PLM BOA 24-168, Green Diamond, LLC's request for conditional use permit for an unhosted short-term rental with an occupancy greater than 12 at 1911 Parker's Mill Road. Based upon the staff's report and the subject to the four conditions in the report. Wonderful. Mr Clark has seconded. I think they're asking for are you all asking for 16? That's correct. Okay. So the condition is number two, which permits up to 16. Okay. Yeah. Yeah, I think we have to make a special deal if it's more than 12. True. Because this is one that could have, no it's not. I thought we had one that could have operated without it if it was under 12. But that's not this month. Never mind, they're running together. That's okay. We have a first, we have a second. We'll take a vote. Motion approved. Thank you and good luck with your property. Thank you all. All righty. Now we'll have this last one on our STR docket and then we'll take a short break and then we'll hear our fully heard docket. So PLN VOA 24-169 Jack Thomas. Good afternoon. I'm Jack Thomas. Thank you. This has been recommended for approval and there are four conditions that have been listed. Have you had the opportunity to review those? I have. And are we comfortable with those as written? Yes. I did have one question. The zoning compliance permit, is that different than what we're doing today? Is that a different thing we have to? Okay. That's what I needed. You're asking for a conditional use permit today. Once or if that's granted, our office issues a zoning compliance permit saying you are in compliance with the zoning ordinance because you've been issued a conditional use. Great. And then do I maybe this is beyond your purview. Do I have to wait to officially get that document to apply for the other two licenses I need? Yes. You will need that piece of paper to go to the division of revenue and get your license. Thank you. Thank you. Great questions. And let's take a look. We do have some citizen comment here. So give us an opportunity. So do you live in Hollywood, California? North Hollywood, California, yes. You have a management company? My sister-in-law lives two streets away. And so she manages it for us. Thank you. You guys want me to move for approval? Yeah. Or you have more questions? We have some comments. Oh, I'm so sorry. Wait a second here. This is opposition one. Okay. It was not at the time. Okay. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. It was not at the time. Okay. So we'll take a moment then here. Sorry. I didn't have it on the opposition list. Were they sworn in? Okay. They may have come in a couple minutes late. Okay. We'll take just a moment. Let me see. Just a second. I think this would have been the last one. I think so. Well, I think it would actually be number four. Okay. So we'll have to pause just a moment, Mr. Thomas. And this will have to be fully heard. We'll take a moment. We'll come back to this one. No. Sir, we're not going to hear this one just yet. We've got to put it on the heard docket. So it will have to go back in line. When I called them, no one said they had opposition. Okay. Okay. All right. Everyone take a seat for just a moment. That was actually the last one on the no opposition docket for STR. Yeah, I was going to say. So we'll take a quick ten-minute recess. And then we'll go back and run through our heard to be heard ones. Okay. So we'll take a quick ten-minute recess. And then we'll go back and run through our heard to be heard ones. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Thank you guys. If we can come back to order, please. We have a total of six cases remaining to be heard from the STR docket. Each of these will be fully heard by both the applicant and we will allow for public comment. The first one is PLN BOA 24-135. That's Kenneth Howard. Good afternoon. Kenneth Howard. Good afternoon, Mr. Howard. Donna, can you update our documents on here? Just a quick moment. Okay. And Tracy, were you guys, did you guys have numbers on Oakmont? Yeah, this item was postponed from last month or continued. Did we start your case? I think it should have continued. Yeah, it was just continued. It was at the very end. We were here for a long time. We lost a lot of people. It's in the staff report. It's from last month. Thank you. And Madam Chair, I did not watch last month's hearing, so I will not participate in the continued cases today. But I'll still stick around. We could start over. Yeah. Because we didn't have, I don't think we had any, I think we were down to three or four of us, so we just decided. So let's fully hear again, is what I'm saying. Because we don't have any information. We just didn't have enough people. And actually, I don't know if it matters. Carl, who was going to speak, he had to leave. So I don't think there will be any other discussion. That's fine, Brandon. Is council okay with that? Brittany, are you? I guess the question is, this one was continued from last month. I didn't watch the video, but they're saying that it didn't really have any testimony, and so we're essentially rehearing everything anyways. So should I stick, so I'm okay to stay? I think it's fine. I'm okay with it. I just want to make sure procedurally I was fine. If there were testimony evidence, I would say no. Because I think Chair was gone. Brandon wasn't here. Yeah, I'm fine with that. There's not been any other. Well, all righty. Yeah, you're not that behind. So this one was recommended for approval. There were four conditions listed. I can't recall if you were comfortable with those conditions as they're listed, the four items, including the up to eight individuals. Oh, yes, yes. Permitting the revenue. Yeah, those were my original application. Yes, I'm fine with those. And there was some citizen opposition last time. I mean, that we've received here. Just make sure everyone had an opportunity to take a look at those items. Are there still people here to get public comment? I think so. I think you'll have some. Okay. So did you want to tell us anything about it before we allow for public comment? It's a three-bedroom, two full bath. There was some discussion about the driveway. It's an extremely long driveway. I measured it. It's 105 feet long. So it comfortably fits. It's double wide at the top. So it comfortably fits the five vehicles. I lost my job to a plant closing and moved to North Carolina as a reason. And we may sometime in the future move back here. So we come back and visit friends and family. And that's why we are doing the short-term rental. Thank you. If we don't have any questions of the applicant, I was going to allow for public comment. Go ahead, Mr. Sturdivant. So this property has been used as an STR in the past? It does. Initially, I followed it. It was late 2020, I think, when I applied and got all the... And I was operating under all the guidelines that were in effect at that time. Since we moved to North Carolina, I was unaware of these changes until I was notified. So between 2020 and now, has it ceased to be an STR? It did when I got the letter. But from 2020 until then, yes, I was actively a short-term. Okay. Thank you. Yep. There were no complaints. I'm just reading here. A notice of violation was sent on July 29th and resulted in your application. Thank you. Okay, we'll give you a moment to sit. We do have some public comment on this one, correct? No, I think, Carl, that's what I was saying. He tapped me on the shoulder and he had to leave. Gotcha. So I don't think there's any comment. Do you, by chance, know what his complaints were? He is just, in general, opposed to short-term rentals. I mean, he looked the same. There was no complaints. He actually, I mean, we're good friends. He, last time, he said, you know, he takes good care of his property. He was just one of the voices concerned about short-term rentals, which I completely understand. His written comments are part of the citizen comments as well. Yeah. Carl. Yeah, Carl. Okay, gotcha. Well, you can stay. Okay. All right. If we have no further questions of the applicant, I can entertain a motion. Madam Chair, I recommend approval of PLN 24135, Kenneth Howard's request for a conditional use permit for an unhosted short-term rental in a single-family residential zone on property located at 2604 Oakmont Court, based on the staff's recommendation and the four conditions as listed. Thank you, Mr. Clark. And do we have a second? Thank you, Mr. Gross. No further questions, we will take a vote. Motion is passed. Thank you, sir. Thank you all. Okay, our next one is PLN BOA 24-143, John Shornick. The papers are all out of order now. I believe this one was postponed from last month. It has been recommended for approval. There are four conditions that have been listed. Do you have opportunity to have reviewed those? I have. And are you comfortable with those? I am. We have received some written opposition. We'll take a quick moment to look at it. Did you want to tell us anything about the project in the interim? Yeah, the house is a four-bedroom, two-and-a-half bath. One of the unique things about it is, you guys might see that it's on Polo Club Boulevard. It's down all the way towards the end, towards the Todd Road side, and directly across from the house is actually a cell phone tower. It is less than 200 yards from the front door and actually less than 25 feet to the right in the neighbor's yard is there's actually an electric pole where power lines run across it. That caused the property to go listed for a very long time, almost a full year before I bought it. I bought it as an investment property just because of some of the problems it had. I don't think people would like to live in those homes with so much different wires and things coming through. A lot of the neighbor's houses were sold during COVID when properties moved a lot quicker, but the ones that are in that area typically move slower. People don't mind living for a weekend, maybe even a week. The short-term rental in that area, most people only usually stay for a weekend. It also has a bonus area that can kind of double as an extra bedroom. It's usually a bonus area above the garage. We have received something from the management company that says any type of rentals are restricted. Yes, I also have a letter here from Blue Grass Land Title. Sorry, I'm a little nervous. They did the initial property search back on March 28th of this year. There are no guidelines recorded anywhere. I have been in contact with the HOA. The HOA claims that it's deed restricted, but once again, Blue Grass Land Title. This letter is from John Williams, and I have extra copies if anybody would like to read it, including the opposition. But they are not recorded here in Lexington anywhere. For something like that to be notified, you have to actually have them on record somewhere. I would not have bought that property if I knew that it was restricted like that. Like I said, and they have since gone back and done another property search on October 4th of this year where they still aren't recorded. You've got to let someone know beforehand. I've stayed away from other properties because this was bought as an investment property. I stayed away from other neighborhoods that had deed restrictions of that sort. And that's really not within our... And that's the next thing I was going to bring up, thank you. So I don't think we should really have any... I mean, I saw the letter, and I think we should probably tell the opposition if they want to bring it up that that's not... That's a private contract between... Potentially between them and Landover, and they would be hiring a lawyer, taking it to court or something, but that's not something we should consider. Okay. I was going to bring that up next. Thank you. Chad, you had a question? If you'd take a moment, I think we have some public comment. Thank you. And for all public comment, we'll state our name for the record, and then they'll set your three-minute timer. Sure. It's Shannon Sell. Okay. Thank you for having us today. I think that the biggest opposition that I have is that the rental properties in that neighborhood are only allowed by the developer of that neighborhood. When you purchase a home in our neighborhood, you are understanding that you're buying under the Creekside at Andover HOA that is managed by All Points Management. And the HOA does state in Article 6, Number 6.1, under Land Use and Building Type Subset B, that no lot or any part thereof may be leased or rented except lots that are owned by the developer. Yeah, and that is what they were referencing. Yes. So it is a separate legal action. Correct. Thank you. So then the other thing that just is a practical thing, we have a beautiful, teeny-tiny little neighborhood. It's one of the smaller neighborhoods in Hamburg. And there have been other properties that have been purchased over time where the owners of those properties have attempted to lease that out. It has not gone well in times. In fact, the property right across the street from me did this about two years ago. And while my children were outside playing, someone had passed out from a drug overdose with their car running and the car door open. While my children were outside playing with me, obviously supervised. I contacted the police at that time. We had to have police and ambulance show up. We just want to protect the integrity of our neighborhood. And the last point that I'll make today is that the small-town feel of Kentucky is very important to us who live there. Most of us know each other. I've lived in the neighborhood for 11 years. And I know people. By name, we share cups of sugar. Any time on our street, you can have 15, 20, 25 kids playing in the neighborhood. And so I would ask that the board not approve this property to be a short-term rental and to protect the integrity and safety and security of our little neighborhood. Instead of allowing for the diversification of income for someone who has bought a property there and doesn't live there. Thank you. Thank you. My name is Carlin Franz. I also have lived in the neighborhood for 15 years now. I come with a petition from other members who were unable to be here. Many of which have said that there's already movement on the property, noise complaints on the property, or at least in the area. Many of which back up to the property. We also just know that if we let one in, that that would open the door to others. Speaking of proportions of the neighborhood, we have 109 houses in the neighborhood, 13 of which are rented out by the developer, which was discussed. That doesn't leave much room for, I don't know what the percentages are, but what you were discussing, for other people to come into our neighborhood and rent. Noise and understanding it's on a busy road, which means there's already noise. But also in the backyard where people usually commune, it is an issue for the people that are backing up to that property. Thank you. Excuse me. I'm sorry. Can we see the petition, please? No, thank you. And we'll enter it into record if that's okay. Do we have anyone else? I live on the other side, like behind the property. We have small children, several of the houses nearby us have small children, and there have been several loud parties. I'm not sure if it's the owners or if it's people they're currently leasing it out, renting it out to, but I've never called the police for noise complaints or anything just because I feel like that never helps, but it's not something I can go over at 10 o'clock, 11 o'clock at night to discuss with my neighbors because I don't know you, and this day and age I just don't feel like that's a safe thing to do. That's my biggest complaint about it. I have the same feelings about it as the previous two ladies that spoke as well. Thank you. Do we have anything further? Mr. Shornicke. Are you aware of any of the noise complaints or addressing any of those things? I was only aware of one noise complaint that the actual neighbors actually told me about because I passed out my phone number. They are aware of me and my wife, and we actually do live in the neighborhood in the area. I have knocked on many doors. I would be happy to give you my name and number, and then you can contact me directly. That is zero problem. I assume that you live on the backside. You might not have just been there that day that we went by, but we've been by multiple times. The two people that live on the left and right of us, sorry, I know she was motioning. I could see her. I want to speak directly to her since she is a neighbor, but I'd like to point out that actually if you look at our percentage, it is very low on the two numbers that you guys were discussing. That area is very underserved in the population of Airbnbs, and we have actually rented out to multiple neighbors in the neighborhood directly on our street, doors down, that they were very aware of it and would like to have the ability for their friends and family to stay there that live out of town and could live a few doors down for a weekend, for Thanksgivings and Christmases and things like that, but like they did say, there are multiple rentals in that neighborhood. They are unaware of a lot more rentals that they just don't know of. I was told by a board member of that HOA that they've been aware of a rental for five straight years that has been illegal, and they've never done a single thing about it, but if you looked at the list of people that got mailed in the 500-foot area, there's a lot more in there than that. There was over 13 just in that mailing, and the neighborhood is bigger than that, and once again, that area is underserved by short-term rentals. If you look at the whole area as Hamburg, but also that direct numbers, they're very low on it. They're almost to zero because that area isn't being serviced by this. Again, I do live in Lexington. I have since the late 90s, and my wife has been a resident of Central Kentucky her whole life, and if any of the other neighbors would like to have my name and number, I would be happy to pass it out, and if there are any issues, I would be more than welcome to take care of them directly, but on that. Thank you. As far as before us today, it's just regarding the conditional use permit for the unhosted short-term rental. We actually would make no ruling. Sir, you could stay up here. We'd make no ruling at all on rental. Whatever issue you guys may or may not have with the restricting or the HOA, that'll be a different topic. I did speak to somebody this weekend on the petition thing, and that the petition was apparently against an illegal rental. I don't know what that petition was being talked about, but when I was told by someone when I knocked on their door and talked to them about this hearing, that they were told that it was a petition against an illegal rental against the HOA rules, and once again, like I said, I know you guys don't even make rulings on that, but those guidelines aren't even listed at the courthouse. They're not up for record anywhere. Okay. Thank you. Thank you. Well, we're not going to address the rental allowability at all. Yeah, but it's the illegal rental portion of it. We've got to stay away from that. Okay. All righty. If we have more questions of the applicant. I'm concerned about the parking because it looks like you've got, like your house, and then you've got a pretty big bicycle lane right there, so I'm assuming that that is a highly traveled bicycle section. It's actually not very traveled. There's a massive walking trail that is supposed to be attached to the Legacy Trail, very close by that almost everybody bikes on. There is a sidewalk, but all the neighbors right now park on the street. That driveway is large enough to have four vehicles in it without having a problem with it. Plus, there's a two-car garage that they have access to. So there's plenty of parking. Most people that do show up with a large number on Airbnbs on that usually show up in a small number of vehicles. You know, that would be four, but it could easily hold six. And then there is also street parking that all the neighbors use on a daily basis. Thank you. All right. Any other questions? I guess, are we only seeing a portion of the drawing? Because I'm only seeing one bedroom. Yeah, I think that's just the... Yeah. Is it two floors? It's two stories. It's two stories. Okay. The upstairs has three bedrooms and a bonus room and a full bathroom. I don't know why it's not on there. Okay. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Okay, thanks. So it is actually four bedrooms, two full baths? Yes. And a half. And an extra half bath. And a half bath, two and a half baths, okay. All righty. I will say, I'm with Ms. Plumlee, Ms. Plumlee, sorry. Ms. Plumlee's right. I'm not in disagreement as I've been out public club a million times and it's a racetrack and we like it when people put their own sort of ceilings on stuff, although you're entitled to up to 12 individuals. It does seem like a reach for somewhat of a lack of parking and then based on this major thoroughfare that is a racetrack. We would be inclined to move it down to 10 if the board thought that that was needed. Okay. And we don't expect 12 very often. It's, you know, to get to 12 you would really have to cram people in there. Okay. So, I will entertain a motion if there's no other questions and it sounds like the applicant would be agreeable to a lesser number as well. If we have further comment. I'll do it. And we go around and around with folks that are here. This is not, we've said this many times, this isn't specifically something that we like in certain instances, but it is the parameters that have been set forth by us by council. I'm glad that the applicant has reduced the number of people, at least by a couple, but in that regard I am willing to go ahead and make a motion to approve PLMBOA 24-143 John Smornick request for a conditional use permit for an unhosted short-term rental in expansion area residential 2 zone on property located at 3776 Polo Club Boulevard based on staff's recommendations subject to the four conditions with the alteration of condition number two reading occupancy of the short-term rental shall be limited to no more than 10 individuals if you're still in agreement. We have first, Mr. Gross has offered a second. No further discussion, we will entertain a vote. The motion has passed. Thank you. This doesn't have to have to do with Mr. Shornak so much, but they are, I don't know if you can address this or not, aren't you setting up like a 800 number for people who have violations? If there are any concerns about violations or noise complaints, we would encourage residents to reach out to the Lexington Police Department Division of Revenue to voice those concerns because they would be more actively able to handle it and more actively able to address it. Ms. Tucker is correct, the Division of Revenue is setting up a 1-800 number to call for complaints. The next item, PLN BOA 24-154 Parsons Plumber Properties, LLC has been recommended for disapproval so we will let staff present on this item first. James Mills, Planning Staff, so I'm going to present to you an unhosted short-term rental request at 719 West Main Street, not far from here, and this has been recommended for disapproval so we will do a quick presentation. Looking at the subject property area, we see one of our concerns in the staff report, which is the shared access and parking into the rear of the subject property. Taking a closer look on Google Street View, you can see the subject property over here to the left and the property that shares that access drive with the subject property. Here is one of our other concerns is that this is a busy arterial roadway and right next to this entrance is a bus stop that is serviced by Lextran. Additionally, this applicant has had a history of compliance issues. First looking at the site plan, we detail this access drive going into the rear of the subject property where the two car garages and two spaces are and getting a close look at the concentration percentages, this property was underneath our 5% threshold but did have a high percentage when it came to what we looked at previously with parcels but it did fall below that with dwelling units. As you can see here, our residential dwelling unit percentage was 4.14%. The number of dwelling units in that 1,000-foot buffer was 532. There were 22 short-term rentals within that 1,000 feet. Previously when we looked at a parcel percentage, it would have been at 7.70%, which would have been over our 5% number and had a difference of about 3.56%. However, this was also close to downtown, so our percentages, we didn't take that into calculation when making this disapproval recommendation. One of our main concerns was the notice of violations. These were both of the notices that were sent out on June 25th and July 25th to the applicant with the second one being signed. And then this applicant received a citation, so this is the first citation that you all have seen before you. This was received on September 6th and it was given a date of September 23rd to pay the citation. Over here on the right we have where this was signed by the applicant or supposedly the applicant said that they did not sign for this and that they did not know that they had received citations, so you all can take that into account, but all that information occurred after we have written our staff report. So staff recommends disapproval because the applicant has willingly violated the rules and regulations set forth in the Code of Ordinances. This applicant is also close to a top 10 census block group within 250 feet where there have been several short-term rentals accumulating near this census block group, and additionally it shares a 10-foot driveway and access easement through the neighboring property. With an occupancy of eight guests, this could result in issues with parking and access, particularly because West Main Street is a busy principal arterial roadway with no on-street parking and the point of egress directly conflicts with a bus stop. And with that, any questions? Any questions of staff before we hear from the applicant? I'm going to pick on you. Go right ahead. One of the reasons for disapproval is that it's located in proximity of the top 10 census block. However, when we had this discussion earlier, you said there wasn't any that was in the census block, but this is still being used as one of the three reasons for disapproval. Should that be removed? It was located within close proximity. We have used that in previous disapprovals where their concentration percentage was also high and it was located in close proximity. I did not add that to this PowerPoint, kind of a miss on my end, but we have used this in the past whenever it came to high concentrations near our census block groups as a recommendation for disapproval in the past. Any other questions of staff? I'll give the applicant an opportunity. Good afternoon. I'm Marla Parsons. This is my husband, Keith. I'm sorry. I'm nervous, too. We're starting off in the hole here, it feels like, but we've got explanations for all of us. We hope it will show. Yes, exactly. So in 2017 is when we bought the property, my husband and I bought it with my mother. I'm from Hazard, he's from Danville. We have been living in Nashville for the past 24 years and wanted just a piece of home and that's why we bought the historic home that's on West Main Street. So we have been operating it as a short-term rental since 2017. Had we known, we could have grandfathered in, we sure would have. Did not have that, did not know that, but anyway, so here we are. In November of 2023, we have moved to Lexington. We finally got to be able to come back home and so that's, we have been, in November, we started, we shut down the Airbnb and we started living there until we could find our permanent home here in Lexington. So we did, go ahead. I was going to say, which we have done and it's four blocks from this resident, also in a historic neighborhood, just up in Fayette Park. So we're very close. But I just wanted to point out that all of the information that was being mailed to us that we did not receive was being mailed to our 18 Ironwood address in Brentwood, Tennessee. Here is the copy, if anyone would like to see it, this is our closing date, closing statement from our home where we had actually closed on October 24th of 2023 and we're living at 719, the house that's in question now, in June or July, or actually we had been living there up until May and then we moved to Fayette Park and we finally found that home and closed on it in late May and moved in the first part of June. So that's kind of the time frame, but not only is that not our signature on that form, we had forwarded our mail, we did not receive any forwarded mail and we did not receive any of those documents or obviously we would have acted on them immediately. This next piece, and I've got copies for everyone if you'd like or we can submit this into record, but I think you said it was... It was October 28th, I received the email from the staff saying that I was willfully non-compliant with all of these violations. That was the first thing, I'd never heard that at all because none of those forms came to us and so as soon as I did that, I reached out by email, asked for a meeting with everybody, but then also had not gotten in touch with anybody, we just missed each other on the phone. I called the Department of Revenue and said, what's going on, what do I owe, I had no idea. So I immediately went down on the 30th and paid the $1,000 fine that they said I owed and I have a copy of that because I sure would not have done that, I would have paid my fines. This is very important to us, this is a historic property that we love, we love hosting people, I'm a super host. Like I said, I've been doing this since 2017, it's a labor of love, they're not easy to run, but it's been, so that's that part of it. The easement part, our neighbors that we share the driveway with, we have an email from her saying that we've not had any problems with their tenants and our renters, that we have two parking spots and also a two-car garage too that everybody can park in. So if they pull in, they have two spots immediately to the left, they have another spot on the other side because they rent that as a duplex. And then in front of our garage, we have parking for two full-size vehicles inside the garage and then right outside the garage in the rare event that it's ever needed, parking for two full-size vehicles outside that garage and a turnaround spot to be able to exit pointing forward before you exit onto the busy street. I will also point out that when we bought the home in 2017, there were three parking spots directly in front of our home, which were taken from us when they decided to widen the road. So we did lose some parking there, unfortunately, but we do have a copy of the letter from our neighbor who's been a wonderful person to share this easement with and we've had no problems whatsoever. And then, I guess is there anything else that you'd want to add? And finally, I mean, I know this type of stuff doesn't matter, but this is since 2017. This is over 140 reviews of our property, how we run the property at 4.95 stars. And again, we're four blocks away from it. We also employ a full-time cleaning team. We employ property management for outdoor maintenance on the back and the front of our home. And we, again, I regret and we apologize for the noncompliance piece. That was not our intention whatsoever. And as soon as it was brought to our attention, we did act on it immediately. So I hope that will be taken into consideration because obviously this is very important to us. So thank you. Are we able to see some of the documents? Sure. I have copies for everyone if you'd like. Just make sure staff has a copy as well. Here, I'll give you this. But they'll back it over. Excuse me. This is where we started with the closing statement of dates and things and they kind of froze up. Thank you. Thank you, sir. Thank you. Thank you. Can I make one other comment? So on the ‑‑ we are on West Main Street. So there are businesses to the left and right of us as well. So I know that that's ‑‑ and we're not in any neighborhood. We do have one ‑‑ renters on one side and then businesses on the other side. Design business on the other side. Yeah. So your neighbors at 715 that you have a letter from? Yes, sir. Are they full‑time? Yes, sir. Okay. So your neighbors at 715 that you have a letter from? Yes, sir. Are they fully aware that it's not going to be your primary residence and it's going to be a short‑term rental? Yes. Absolutely, yes, sir. Okay. It was the only ‑‑ just because as you well know, the housing here was difficult to find. We were looking for. That's what took five or six months for us while we moved in, just while we were looking for another home. But they knew previously, again, since 2017, they've been our neighbor. We originally purchased the property. And they still are today. Yeah. And that's the Russells here? Yes. Okay. I'm not sure if everybody got this one. I have multiple. Did you get one of these? I have multiple of them. Okay. Thank you. Did you get a copy of the email from the neighbor? Yes. Okay. Yes. Thank you. I have a few extras if anybody is missing something from my bundle there. Okay. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Okay. Okay. Okay. Okay. Okay. Everyone a moment to review? Sure. What did she say? I'm sorry. I didn't hear you. I'm sorry. Okay. Okay. Okay. Okay. Okay. Okay. Okay. So you guys purchased the property in 2017? Yes, sir. Did you start off using short-term rental right out of the gate? That's what I thought you said. I can't read my writing here. Is it still being used as a STR? Correct. We're still opening it back up for rentals. In July of this year? This year, yes. You said we stopped when we received notice, correct? Yes. We did? Well, yes. I didn't receive those notices. That was the June and July. It went to Brentwood. I never received those notices to stop renting. So, not until we found out, we were able to in violation. Did we stop and block everything? Block everything? How did you ultimately find out? How were you? From the email that they sent me with the disapproval and stating the reasons why. I had no idea that I was in violation of any type of... Oh, you had applied for approval? Yes, I'd already applied. We'd already gone through all of the... I thought I had everything done. Then I realized from them that the violation was... I think, yeah, one of the issues is the PVA, you have not updated your tax address at the PVA. No, and I did not. It still shows Brentwood, Tennessee. Correct. Even right now, today, I just looked it up. I just paid my property tax paper. If you don't tell Mr. O'Neill that you've changed addresses, they don't know you've moved. Right. I need to do that, yes. Where do you currently reside? 414 Fayette Park. We just paid those property taxes as soon as we received that bill as well. I thought we were updated. I'm sorry. I didn't know. 719 is not updated? The PVA. I have to go where we currently live so that mail can come to us. I see. Okay. Thank you. Thank you. So the staff has recommended disapproval. So a motion would be for disapproval as it's written. If there's a motion for approval, we would need to take a brief recess and someone would need to request some findings. I don't know what everyone's leaning towards or appetite . We're working really hard to monitor this. The operating since 2017 gives me a little pause as well if you operate at that time without issue. So I don't know. Someone will have to decide what type of motion they would like to make. Thank you. Thank you. Madam chair. I make a motion to agree with staff for the property at PLM BOA 24 154 Parsons and Plummer to disapprove the request for conditional use permit of unhosted short term rental within the defined infill redevelopment area located at 7.19 West Main Street. And I'm going to ask if there's a motion to approve the request for conditional use permit of unhosted short term rental within the defined infill redevelopment area located at 7.19 West Main Street. Motion is passed . There is an appeal process through Fayette Circuit Court by statute. I can't advise you as not being your attorney how to do that, but a process does exist. The next item is LNBOA 24-162 201 Tobacco Road. Is the applicant present? I'm Cortland Atkinson. We own the property at Kearney Creek. 2861 Kearney Creek Lane is the address. It looks like it has been recommended for approval. There are six conditions that have been listed. Have you had an opportunity to review those conditions? Yes, ma'am. We're comfortable with all of those conditions. There are additional STRs in the area. That's just above one percentage point. Do you want to tell us a little bit about it? Yes. We've owned this home for eight years. Six years it has been listed on Airbnb with no concern. Primarily it is our secondary residence. We use this home at holidays for Keeneland, for UK events. We frequently use the home ourselves. It's three bedrooms, two baths. We started it on Airbnb at the request of a horse park exhibitor. Since we are four miles from the Kentucky horse park and that primarily is the reason most of our guests are exhibitors at the Kentucky horse park. We do screen the people that request to stay and we require at least three nights rental. Average group is four. There is parking for in the garage, two cars. The driveway has an additional space for two cars and traditionally most of our guests are in one vehicle. We are very concerned about the care of this home because it is our second residence. We are very careful about how it is used. We have a landlord that has been there the entire eight years who keeps a very close eye on the property for us. I would be glad to answer any questions. There was a specific notation about a basement apartment that had not either been approved. Yes, ma'am. Poor choice of terms on my part. It is locked off for our personal belongings and we store Christmas decorations and there is another full bath in the basement and a bedroom but it is never used for rental. That is for our private use when we are at the house with our family. Thank you. Thank you. Do we have any questions of the applicant before I allow for public comment? Okay. We will take a seat just a moment. I believe we did have some public comment on this particular item. Thank you. We will take a seat. My name is lim wood gray. I own the house two doors down from it. This was news to me it was an Airbnb. I am concerned about the parking. I have contacted the Lexington news to address parking and ingress and egress to the neighborhood . I will tell you straight up in their defense I have not noticed any issues with that property other than there have been trucks and horse trailers parked out front. That in and of itself is not necessarily a problem. The more problem is the people that live there who are parking two and three automobiles who don't use their driveways and garages who are creating the parking lots in the mornings and evenings. That is the number one concern. Second to that, it always concerns me that we are allowing a commercial operation in an otherwise residential neighborhood of families. While I can certainly see the need for the horse park because I frequented the horse park many years myself and can see that being a genuine business opportunity, I am more concerned about the density of the neighborhood. I don't think beyond the density because I don't think the density speaks to the changing character of the neighborhood. Thank you for your time. Thank you. Good afternoon. My name is Brandi Keeney. We just moved to the neighborhood from northern Michigan, so I'm not familiar with how many Airbnbs are in the area. One of the reasons we were restricted to residential only and no commercial businesses was because we had had previous experiences with Airbnbs. We've had people that have partied and been drunk or used drugs and come knocking on our windows at 1 a.m. Do not agree with that being in the middle of a residential neighborhood where there are I don't even know how many children but at least on our street I've seen people that have been out playing basketball and that particular corner, as the previous person was speaking to, you can't get through there. They park everywhere. You're not supposed to leave any vehicles on the street, so if there's been horse trailers on the street, that is not supposed to happen for RVs, boats, things like that, trailer vehicles are not supposed to be on the street. But the corner right there, I'll be on this side and one will be on this side and I've gotten almost hit at least three times since I've moved there, which again has not been that long, maybe a month and a half that I've lived there, and I have to go all the way around just to avoid being hit. There's no traffic control turning left out onto Georgetown Road. There's no traffic light or anything else, so if you have more people in that area speeding up, it's cause for concern for parents who have children going to bus stops and things like that, and I know that Airbnbs historically, I've used them, people have parties. That's the whole point. You rent an Airbnb for vacation, whether it's to a horse park, which I haven't been yet, but sounds lovely, or for something else. You're going there for vacation. You're going there to do something fun. You're going there for family and parties. Again, parties and children, you have a lot of people, they don't care about the home. They're just renting it, so they don't care. They don't care if they throw trash in the yard or they break a window or they disturb the neighbors. They're there to have fun, and that's one of the really big concerns that I have. It's not just about it only being rented to one family at a time. Who's going to enforce that? The residents that are there, are we going to have to call and enforce that, just like the parking, or are we going to have to call and enforce it? It shouldn't be put on the people in the neighborhood to have to enforce these conditions, so that's another concern that I have. Okay. Thanks. Interestingly enough, as far as the horse trailer, potentially, not trying to throw my neighbor under the bus, but she actually is the director of the National Horse Council, and they do rescue horses, so on rare occasion, she will park her horse trailer for an hour or two in the stretch that there are no homes. There's an empty lot across the street from us, so basically, occasionally, there'll be a horse trailer there because of the neighbor, not because of the people staying at our property. Totally agree with the neighbors that this corner has some parking issues, not based on our property, but there are two properties, actually, three properties that are rental, not permanent residents on that corner. They do not use their driveway. They park in the street, and it does truly make it very tight to come around that corner, but it's not because of the people that are in our house. Us, we always park in the garage, our family and friends. We have outdoor cameras, so we're very conscientious about events and who we rent to, because again, we want to maintain the integrity of the neighborhood and appreciate it. That's why we bought the house when we did, and again, we don't have any other Airbnbs. We're not trying to go in the business, but basically, we truly want to keep the integrity of the neighborhood. Thank you. Do we have other questions of the applicant? All right. If not, I will entertain a motion. It has been recommended for approval. I will make a motion, and I'd like to say to those folks who are objecting to this, I understand absolutely your concerns, and we hear basically the same objections for most STRs, because most people do not want STRs in their neighborhood, which I completely understand. We try to follow the ordinance as has been projected by our City Council, and so consequently, I'm going to make a motion for approval of PLNBOA 24-162 for 201 Tobacco Roads request for conditional use permit for an unhosted short-term rental in a planned neighborhood residential zone on property located at 2861 Kearney Creek Lane based on the staff's recommendation and the four conditions as listed. So moved. Second. Thank you. Seeing none, Mr. Clark and Mr. Gross has offered a second. We'll open for vote, please. I'm sorry. There are six conditions. Oh, six conditions. Sorry. Okay. Thank you. Looks like the motion is passed. Thank you. Thank you. I'm sorry. I'm sorry. These have been operational and are trying to come into compliance, so if it's any reassurance, these have been operating for several years without a negative influence on some of the neighbors, so I do note that when we have these conversations. So thank you, guys. And . I'm sorry. I'm sorry. I'm sorry. We're going to go to public comment on item 169. That's Jack Thomas. We've already heard the applicant, so we will allow time now for public comment. I think we had a few people wanted to speak. Okay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . because that's what they do every day is short-term rentals. And it wasn't something that we wanted to manage or take over, even though we have the capability of doing it. We wanted the extra screening that we'd done. We wanted the additional host screening as well. So Emily's company is wonderful and has a different level. I don't know if it's fair for me to say some of the people that potentially could stay there or not. There's been an NFL player and a country music singer that's asked to stay. So all that being said, I feel like we've gone above and beyond to try and really secure a good property management company for us when we're not there, because this is our primary residence. And we lived on Vaughn List for eight years. And in 2020, we purchased this home on Manor. So we love the neighborhood. We appreciate the neighborhood. We understand the concerns. And we have tried to take every step possible. You want to speak on those every step possible. So there was a mistake in the initial application process. I'm sure you guys are fully aware that when the amendment was passed, there was a lot of movement, a lot of applications. And so we sought some advice. We hadn't done it before, but it was right on the cusp. I think we started in September or right around September time frame of 23. And so there was a lot of moving around. We sought some advice from other people. And they said, oh, yeah, so just get a hosted license, because we have a host, right? So we made that mistake. And we were notified just this past, was it October? I think it was the beginning, or end of September, beginning of October, that we had the actual wrong permit. Right, so we acted on that immediately. Our intent is not to bypass it. Our intent is to make sure that we're doing this the right way. We have had two instances where our team, our screenings, we've told people, look, we'll give you your money back. This isn't the place for you. That's happened twice. And so I feel that we are being as respectful and as responsible and professional as possible. And we want to continue to do so. There have been questions of the applicant before I allow for public comment. Thank you. Thank you. Good afternoon. And before my time begins, I have a position statement with some accompanying documentation to hand out to the board members, and also make sure that it's there for the record. I'll be passing out, like I said, a position statement, 20 letters for the mayors in opposition, and 56 signatures on petitions in opposition. Also some proposed findings in support of disapproval. Sorry. Thank you. And I didn't submit this in advance about today's meeting. I did provide the applicant with the same position statement materials that I just handed to you. We have certainly informed them that we, as the neighbors in the neighborhood, are willing to open a dialogue. But there was a decision made by the applicant to go forward today, rather than postponing to allow that to occur. And so we're here to present our opposition. I did want to say before my time began that I had emailed in advance to seek additional time, rather than the three minutes, just on the basis that I was speaking on behalf of 20 folks who would otherwise take three minutes each, and it would be an hour. But I was told that just to keep everything fair, that everyone, including legal representation, would be limited to three minutes. And that would include my presentation being limited to three minutes. That's where I was informed. And so I constructed a presentation that is in six three-minute segments that will be presented by myself for the first three-minute segment, and then other neighbors, so that we don't run afoul of the board's three-minute limitation. Is there a way for those other six neighbors just to yield their three minutes, and let Ms. Winters just go through the slideshow? We had decided to stay consistent. OK, that's fine. And we understand that, too, and we understand the burden on the board to hear all these applications. And we are prepared to comply. And just in particular for the public comment section, we do allow differently for the applicants, but for the public comment section. And we also don't want to make people think that they need to hire representation to have an advantage, even on public comment. So we want to keep that portion of it fair across the board. Right, and that makes perfect sense to me. So we appreciate it. OK, well, good afternoon, board members. My name is Jessica Winters. I'm speaking on behalf of the residents of Manor Drive and Norborn Drive, who oppose the conditional use permit sought by Crystal and Eddie Tao, seeking to operate an unhosted short-term rental at 2059 Manor Drive. I've provided you with a written position statement and given the clerk also a copy of the PowerPoint, which should both be made a part of the official administrative record. And I've distributed proposed findings of fact in support of denial of the request. The subject property is zoned R1B, which means that an unhosted short-term rental is only allowable as a conditional use. Article 7-6 of the ordinance states that conditional uses are only appropriate when they do not have an adverse influence on existing or future development of the subject property of the surrounding neighborhood. And I understand that our ordinance in section 13 sets out some things that the board has to consider in making that determination. I've watched the recorded proceedings of this board relative to consideration of applications seeking approval for STRs. And I know that undertaking to process almost 1,000 applications since the beginning of the year requires a monumental commitment of time from you. And I thank you for your time. I understand from my prior experience here that you've applied somewhat of a formula to these requests. But I've also seen instances in which you've taken the input of neighboring property owners into account and have weighed objections in making the adverse impact determination relating to the requested conditional use. In this case, I urge you to take this more nuanced approach. While the statistical information presented may seem to support the request, it is the nearly uniform opposition of the neighborhood and the statements of the impact of property owners that should guide you in making your determination. A density percentage number does not speak to a change in a character in a neighborhood always. While the members of this board might be familiar with the Lakeshore neighborhood, it's not possible to fully understand the impact of an unhosted short-term rental of this size on the particular area without listening closely to the folks who live on these streets. As you can see from this graphic, which shows Manor Drive and Norbourne Drive there, the property at issue is the red. And all of the green properties are those who oppose this application. All but one on Manor Drive on the cul-de-sac portion of Manor Drive, and all but one on the cul-de-sac portion of neighboring Norbourne. There are a total of 56 houses on Manor and Norbourne drives, if you consider the further down parts of that as well. Owners of 43 of these homes oppose this request. This is a 75% rate of opposition, and that's reflected in the signed petitions that you have and in the 20 letters of opposition. I'm not sure whether you've seen this level of opposition or organization in any other case that you've had so far. The neighbors have invested a significant amount of time in organizing their opposition. And as attached to my letter, there's 20 letters of opposition and the 56 resident petition. So we'll go to the next speaker. And before we do so, if I just may, for the board, if you're here in opposition, can you please stand? I believe it's everyone who's left. You may not hear from all of these folks today, so just so you have a visual idea. How do I get to the slide? This is just the next button. Is that my slide? Yeah, so you're starting on slide six. Yeah. There you go. Good afternoon. I appreciate everyone's time here today. My name is Steve Burchett. My wife and I, Jennifer, live at 2083 Norbourne Drive. Could you speak into the microphone a little? I'm sorry, I'm so short that. But to address some concerns by Mr. Clark, Board Member Clark and Board Member Gross, this is a singularly different issue here today. This property is actively marketed in the Airbnb materials as a party house. I will even comment, quote from the Airbnb source, Experience Stays, the entity they have helping them market this, Experience Stays is partnered with a travel company that offers sprinter vans and party buses for your daily excursions. The description of the property goes so far as to say, if you are looking to entertain your friends and family without having to leave the house, you have found the perfect spot. Guests will be able to play ping pong, shuffleboard and foosball in the basement. For pretty days, you can enjoy bocce ball and can jam in the backyard. The opportunities here are endless. One user comment from 2023, October of 2023, and I quote, congratulated the owners, and I quote, the basement is so fun with ping pong, foosball, shuffleboard, chess, tons of games, a keg, and I can tell you from 40 years ago, how many beers are in a keg, a keg and another beautiful kitchen. So what makes this property different than the properties you hear about from the other property owners where they are worried about the children and they're worried about the corruption of their neighborhood is that this house is actively marketed as a party house. Board member Gross, I'll address your concerns. 75 days is half of the long weekends in Lexington. So that's every Kingland weekend, every football game weekend, every basketball weekend, and probably most of the summer wedding season. Neighbors have observed groups renting this property with large party buses that see 20 guests pulled into the drive. My wife and I have observed parking all the way around to our residence on Norborn Drive. The property has been run as an unhosted short-term rental for more than a year. The applicants even have an unlicensed, unregistered golf cart in the neighborhood, which is a safety concern for all of us. There are certainly areas in Lexington which a modulated level of short-term rentals makes sense and does not adversely interfere with the quality of life for full-time residents. Folks who live in places where arts, entertainment, sporting events, and tourist attractions are concentrated already. I will add, and I will conclude with this, that I'm here today, and I took off the afternoon largely because I'm concerned about the welfare of the many children who play on the street. I cannot let my conscience, if any of those children are hurt, at least I have spoken up here today and voiced my concerns, and I'm sure you all share in those concerns. Thank you. Hello. My name is Mark Holcomb, and my wife, Kim Holcomb, we live at 2076 Norborne Drive. I'm here to provide additional information about the character of our neighborhood and the types of uses present in the vicinity. Our neighborhood is not located in an infill or redevelopment area. As you can see from, well, the image is gone, but it's zoned as a R1B, and it's surrounded on all sides by an R1B. It's not a mixed use. Its purpose is a single-family residence. More intensive zones do appear when you reach Lakeshore Drive, which is right at the border and across the border of the 1,000-foot circle to the application. There's two Airbnbs already operating in the neighborhood, and they're adjacent to the R2 and R3 zone properties. The short-term rentals were not opposed in the neighborhood and have not adversely impacted the neighborhood because they're hosted. Adjacent to the R2 and R3 is the R4 high-density zone. Our neighborhood currently, as a whole, including the R4 zone, has a greater than 50% total rental density, which is situated, as I said, in the 1,000-foot application. Allowing unhosted short-term rentals of this size in a quite cul-de-sac allows parties to take place without the owner's awareness. Neighbors do not want to see a new set of car roll up to the property and worry about the group will behave, we shouldn't have to. One of the benefits of being in the neighborhood is knowing your neighbors. Neighbors of the subject property have witnessed daytime, nighttime parties as the property where the maximum occupancy rate was clearly not being honored. Guests at these events have parked their cars up and down the street in front of my neighbor's homes. Myself and others purchased and renovated our homes here with the expectation that we would be living in a quiet neighborhood with neighbors who would become our friends. If we wanted to live in a place where random people come and go, we could live somewhere else. Thanks for your time today. Thank you. Hi, I'm Beth Hilliard. I live at 2056 Norborn Drive. My grandson and his parents, my daughter and son-in-law, live at 2068 Manor Drive. I would like to speak to you about the unique nature of Norborn and Manor Drive and the impact of an unhosted short-term rental of this size on our small, quiet neighborhood. You can see from these images that the houses on these streets are close to one another, which fosters a really strong sense of community. The homes are well cared for and the houses are on average around 50 years old. The subject property, 2059 Manor Drive, is an example of the high cost of housing here. The applicants purchased the property in 2020 for $490,000. It's now valued at $714,000. People buy homes in this area because they are seeking quiet, safe place to raise children. The property prices in the neighborhood demonstrate that the owners pay a premium for this peace and quiet and neighbors have worked hard to foster a sense of security in the area. It's a neighborhood in which homeowners buy and stay. Children are raised here and Manor Drive alone is home to 16 residents under the age of 18, many of whom play in the cul-de-sac area on a regular basis. On any given day on Manor Drive, you will see children riding bikes, playing in the cul-de-sac area only a few yards away from the subject property. A short-term rental that sleeps 10 and is used as a place to hold gatherings will bring an increase in traffic and unknown transient population to this area. Residents will likely no longer feel safe allowing their children to play together in this cul-de-sac. Anything that threatens a safe place for children to play will severely diminish the neighborhood's unique attractiveness to families with young children. The added traffic of cars driven by customers of the applicant, people who are certainly unfamiliar with the neighborhood, presents a very real threat to children playing in the area. The applicant's customers will be unacquainted with the neighborhood families, young and old, who live there and could potentially be dangerous to the residents. The added noise, traffic, parking issues, and the associated rental parties will also be very detrimental to our neighborhood and pose a real concern about access to the road by emergency vehicles. Yes, hi, my name is Augie Hilliard, and that's my wife. I live at 2056 Norborn Drive, and you've heard about our unique character of our established neighborhood, which will be adversely impacted by this short-term rental if it is approved. Approving this request will allow the applicants to turn our community, the peaceful, quiet, beautiful oasis we have all invested in so significantly over the years, into their commodity. The staff reports for this property indicates that the applicants propose to rent the property 60 to 70 days per year at a rate of $1,200 per night. The applicants will be operating an $84,000 per year business turning a beautiful home into what amounts to a hotel in the middle of our neighborhood. The applicants have shown that they are slow to acknowledge and comply with governing regulations. The short-term rental ordinance was passed in the summer of 2023, and property owners had until January of 2024 to apply for and obtain their zoning compliance permit and pay their occupational license fee and hotel taxes. The applicants here operated an unhosted short-term rental from October 2023 through the end of the year before finally obtaining a zoning compliance permit in January of 2024 for a hosted short-term rental, thus misrepresenting the nature of their activities to the city officials. While the applicants may not have been issued any formal violations, they have demonstrated less than diligent response to and understanding of the regulations. This is surprising because the applicants are real estate professionals and are therefore presumed to be fully aware of changes in our city's rules regarding the same. Applicant Crystal Toe is the CEO of Kentucky Rental Homes. And while the applicants claim the subject property is their primary residence, they have never stayed at the property while it was being rented. The applicants have never operated a hosted short-term rental. They have therefore been operating an unhosted short-term rental for the last 10 months in violation of our city's rules and regulations. This is significant noncompliance that must be considered by the board. The applicants knew they were out of compliance and filed their application for approval of an unhosted short-term rental in September 24, but they apparently did not believe they needed to worry about getting this board's approval. They have been renting out the property consistently throughout September and October to large groups while this application has been pending. The lack of respect that this shows for our ordinance and this board's authority are concerning. The applicants... The applicants have been knowingly violating the rules since they began operating more than a year ago and misrepresented the nature of their operation in connection with their initial request for a zoning compliance permit. Hi, good afternoon. My name is Nick Altweese. My wife, Stacey, allows me to live with her at 2075 Norborn Drive. I'm here to talk a little bit about the impact of short-term rentals, and in this case, on manor with safety and crime. Now, there's a study... There's been two studies recently that I've found, one from Northeastern University in Boston that talks about increases in all levels of crime, burglary, violence, robberies, et cetera. Also, just a few weeks ago, the University of Pennsylvania published a study that, again, documented these same findings, as much as 3% of an increase in crime where Airbnbs are present. Now, the owners, they don't have any intent for this. They don't want this. I'm not saying that. They wanna have something that might provide them some revenue. They don't want the crime. The problem is, and Mr. Tao referred to this, it's not in their control. These are things that lurk, that can happen. They don't have any control over it. Even if they have monitoring devices, they can't control the incidence of crime. And in fact, the authors of the Penn study cited that, to be fair, Airbnb has taken concerted steps to reduce criminal activity resulting from Airbnb lettings, including background checks on guests and requiring minimum nights of rental on occasions when one-night parties may be tempting to hold. The fact that we still find an increase in crime despite Airbnb's efforts reveals the severity of the predicament induced by home sharing. Now, background checks are fine. Other things are fine, but it's that unknown instance. It takes one time for a child to be hit by a car coming down the street. It takes one time for a drunken disorderly person to possibly assault somebody. And that one time is too much of a tragedy to take the risk on. It's been said that a chain is only as strong as its weakest link. And when I look at my neighborhood and I leave for a week to go on business travel, I know that my neighbors to the right, the brewers, my neighbors to the left, the birches, the neighbors across the street, the Holcombs, the neighbors behind me, the Barnes, are all people I trust and have known for years. Allowing this situation with a short-term rental creates instability and a weak link that I have no control over and can increase potentially harm and less safety in our neighborhood. Thank you. I am not part of the presentation. I'm speaking. Sorry. Good afternoon. My name is Marissa Campbell and I live at 2048 Manor Drive. I'm in the cul-de-sac diagonally situated from the Tows Manor House, as it's called on Airbnb and Vrbo. I'm here today representing my husband and me as well as my fellow neighbors on Manor Drive. We have many parents with kids, activities, jobs, and elderly people who couldn't be here today. And I'm speaking to let you all know that we strongly oppose the short-term rental on our street. When asked, all of the Manor Drive residents cited safety and desirability of the neighborhood as being important to them. We have 19 kids under the age of 18 who live there. Many of the kids play in the street and in the cul-de-sac. We're concerned about the impact of the extra vehicles and party buses that are now present. We, the residents, watch out for the kids and behave accordingly. But with an extra 600 to 700 random lodgers coming to the neighborhood, we have to be extra vigilant. We don't know what the vetting process is for overnight lodgers. And to believe that the $1,000 a night price tag will deter guests, undesirable guests, is both naive and ridiculous. When the Tows started their short-term rental over a year ago, no one was notified. And we're not happy with our experience thus far. Late-night revelers have shown up talking outside the house, and it's been disruptive to the surrounding neighbors. People sit in the hot tub watching TV so loudly that the immediate neighbors can hear. No one in their own home wants to go to sleep listening to a group of random women in the manor house hot tub discussing their breast implants, yet it's happened. Vans of young people have shown up, and there were more than 10 that they list as maximum occupancy. You cannot have 10 people in a house and not expect a party or event. They've had several. One bachelorette party took up all of the street parking down manor, and it extended onto Seeley and Norborn Drive. Another group of people had a child that was found climbing the neighbor's fence into their yard. No one at the manor house was paying attention. Have we contacted the police? No. Have we reported them for each and every infraction? No, we haven't. We hoped it would stop. I also mentioned desirability as being important to the residents of manor. This is one of the most desirable places to live in Lexington. It's quiet and established. A residential hotel on our street is not desirable. We, the residents, have made an investment in our homes and use them as such. We prefer to live in a neighborhood of homes, not hotels. The Towles have no commitment to manor drive. They are using the environment that we provide to make money. They are taking advantage of us. Finally, if you all are not moved by our efforts, I appeal to the Tows. Your neighbors are asking you to look into your hearts and do what's best for the safety and well-being of your neighbors, their families, and their kids. If you have no intention of building a home here, give someone else the chance to do so. Thank you. Any additional comment? Okay. If the applicant would like to come and respond. Thank you, Council. Clearly, this is an emotional issue. Just for the record, we're not council people. Oh, council people. Clearly, this is an emotional issue. There's a lot of notes that I have here from a lot of the responses. First is games in basement being advertised. I play games in the basement. I'm a game guy, so I do have my friends over. We entertain in the basement. I have two nephews that come over and they love that basement. So I hope that's not being held against us just for the type of fun that we like to have in our basement. There was a comment about the keg. Our professional company did advertise that. That is a kegerator. It wasn't advertised for them. It was on a BRBO post. I see, I see. But there is a fixture in the basement that can hold a keg that's empty. It's locked and it's disabled. And any type of alcohol is removed from the home and put in owner storage to make sure that nobody has access to that. As far as the golf cart, I do have a golf cart. We do take it to Charleston, South Carolina because it's a golf cart community. It's where a lot of people have their golf carts and it's electric and so it's green and it allows us to save some cash on fuel and not burden the climate anymore that we're already burdened in it. So we do have a golf cart, but we do load that onto the trailer and take that to South Carolina for our enjoyment and our family whenever they come and visit with us. As far as the security concerns, again, I understand, I understand. I'm trying to remove a motion out of our position and try to, yes, we have operated as a unhosted Airbnb or a short-term rental or a hosted and we've already addressed that that was a clerical mistake. But I also think that that speaks to some of the validation of some of the security concerns that we've had thus far. I heard that we had multiple parties. We've not heard any of that. In fact, I mean, I know there's comments of, hey, we're not caring about the community. We're certainly caring about the community. Other than I think maybe one or two people here, we've not met any of them. The first of this that we've heard, any of these that we've heard thus far after being operated for a year, sounds like that everybody knows about it, we were never approached. We're certainly at home much more than we're gone. I'm sure that the neighbors know what cars we drive and they know what businesses that we run. We just, we've heard nothing about it. And certainly we wanna be, if we're going to be a part of a community, let's be a part of that community. We wanna listen to feedback and we wanna take action that will help mitigate some of these concerns. But we've been operating for well over a year now with no concerns, no documented breaches or violations. And so if we don't have an opportunity to fix it, I don't know how we can take any further steps than we've taken thus far to make sure that we act as a professional short-term rental as compared to other successful short-term rentals in the city of Lexington. I think that there's some, I think during the safety and crime comments, of course we don't want children to be endangered by cars. Of course we don't. Personally, there's a couple of girls halfway down Manor and they have this little car with the princess thing on it. They're as cute as they can be. Sometimes the ball rolls out in the street. And yeah, we stop, I'll get out and I get the ball and make sure I roll it. And they say, thank you. We do have this type of community. Do I have any of my neighbors over to my house? I've not been invited over to theirs. And so I think there's limits to the togetherness of the community that our neighbors is trying to present today. I would certainly enjoy that. I would welcome an invitation over to dinner or whatever. I would love to get to know my neighbors a little bit more. Like I said, nobody has approached us about any sort of issues we have. As far as having people over, I don't think that I can control the type of people that my neighbors have over to entertain. And I don't think that the risks are eliminated between me having a well-screened and well-documented guest that stays over at our short-term rental versus our neighbors. And I don't think that the concern of traffic and the danger of children in the street, I don't think that that goes away just from the fact that I have individuals at our house versus other people having guests at their house. I don't think that that risk is quantified from one another. I take issue with saying that we don't have a commitment to our community. My wife and I, we made a massive investment in that home. When we got it, it needed a lot of work. We gutted it all the way down to the studs. And this house took a lot of time. It took some toll on our marriage. And we developed the home that we wanna call home. So the suggestion that we are not committed to our community, I will stop short by saying that that's hurtful. We certainly don't wanna have parties in our home that we have invested so much renovation cost in for us to come back and live in it. Like the gentleman earlier today, of course I'm invested in this community. This is the place that we're going to live. So of course we don't wanna have a negative impact. And I'm certainly not gonna allow guests to come in and tear a house apart that we're gonna have to even invest more money in to bring it back. You. Yeah, and just real quick, there was just to address one of the slides that it was our vehicles was the black Tahoe and the white SUV in the driveway. That picture that's being referenced as a party was actually our neighbor's children's birthday party. And if I'm not mistaken, it was probably taken from Saturday. Those are our cars in the vehicle, we're home. There's ample parties and we don't care. We have no issue with you having birthday parties or whatever. So just to address one of those slides, and then of course we've already addressed the golf cart. The cars on the street, to be clear, those cars on the street during that picture wasn't ours. Yep, and they're parked in front of our home, but we don't mind. No, and then let's the party bus comment. I can't speak for him experience days and I'm gonna let her do that. But in the past two years, I have rented three of those buses. And when we say buses, they are, I think they hold up to 12 to 15 passengers from Gold Shield. And I had them come to our house to pick up our family, to take them on a family trip. And to take us to the airport. It's more cost efficient for us. And we leave some of our vehicles there and we have taken family vacations. To my knowledge, and I'm gonna let her speak on it, is that there has been no party buses at our house. Maybe there was one and I didn't see it, but I have had three personally, because I've rented them to take people back and forth. And just to be clear, I think party buses is a term that is marketed by the limo companies, right? This is just moving a group of people. Yes, we're allowed to have 10 people in our listing. It's not, oh, you can only have 10 people sleep here. We don't allow 10 people to be present as an occupant in the residence period. So yeah, if you have 10 people, it's a whole lot easier to pay someone. You're talking about the drunk driving. I would much rather have my guests who've maybe had a drink or two or more or whatever. I would certainly rather them use a responsible method of transportation and use a local business here to transport them to wherever they need to go and come back so that we lessen the risk to our community and our children. I don't know. Again, this is Emily Sharp with Experience Days. Just to go back on the whole party bus comment, we definitely don't encourage parties. The second that I even hear, there might be a birthday party. I cut it off. I let the guests know immediately. And this goes for all of our houses. Anytime someone says anything about a party, it is not allowed whatsoever. But we do offer sprinter buses, party buses to pick our guests up, to go to Keeneland, to go to the Bourbon Trail, to do all kinds of things like that. Because one, it's safer. Two, who wants to take five cars to Keeneland or two cars to Bardstown for the Bourbon Trails? We partner with Griffin Executive here in Lexington and it's a huge security company that does work for Kentucky Basketball, Football, then Manchester, Manchester Music Hall. So they are very experienced in what they do. And we only rent these out to people to let them have a better experience here in Lexington while visiting local businesses. Other questions of the applicant? This is probably just clarification. Is it four bedrooms or four beds? It's technically a five bedroom house, but we only market it, I believe, as three bedrooms. Yeah, there's two beds in one of the bedrooms. There's two queen beds. And then there's one king in the primary and there's another king in the guest. And then we have a movie theater set up that if somebody wanted to sleep on that extended sofa bed, they could, and that's where we're coming up with 10. And then the fifth bedroom to us is just a fitness center. And again, it's our primary house. We didn't rip all that fitness equipment out and try and shove more beds in there. We leave it as a three bedroom. Only other question is, is it being marketed right now? No, we withdrew it. So it's not online at all? Not that I'm aware of. What Experience says, our management company informed us and we pulled it and sent me unlisted screenshots of everything that I had. The reason I'm asking is because I'm looking at it. Is it Airbnb? Yes. Yeah, because I pulled it off last night. It appears as though you have reservations. Well, that's actually blocked off for us, because we're there. So we're there for the whole thing. I can show you the calendar. It's blocked off. Us as the owners are the one who blocked it off. Yeah. So, then we sent in the screenshots. I emailed over the screenshots of it showing unlisted. So if it is that it should not be. Yeah, it should not be. But I did email that over to staff. I know that there's no bookings as of right now period. There is no future bookings, the reservations at all. And so, I mean, if it's. And I've got our app that I even have here where it's me personally blocked it off. I'm just trying to put all the parts and pieces together from what I recall, somebody said you guys have been operating since October, 2023, but it's saying that you've been a super host for three years. Well, so yeah. So it's not matching her. Okay. So it's my personal account or business account experience. So we've been in business for three years. All right. Specifically on the comment, to make sure that we're clear, we started, I think, listing the property in September of 23. And we applied and were granted the unhosted, right? Oh, the hosted, I'm sorry. See? And so we went for the full year and then we were notified, hey, you've got the wrong permit. It's actually unhosted. And so that's when we went through the process recently to be here today. Okay. Thanks. Thank you. Just for clarity, there's events and parties are not allowed in any short-term rental at all. The ordinance does not allow it, so. That's right. Correct. Yes, ma'am. Correct. Yes, ma'am. And I would encourage, I think I've heard someone today say, if you do see any of this kind of thing going on, if there is a noise ordinance or anything, please contact the proper authority so that we can verify that. I would be willing to provide, it isn't hard to find our management team's contact information. And so if any of this was going on over the past year, certainly we would want to know about this, right? We don't want to have a issue in our community that goes unchecked, but is also uncommunicated. And so from our perspective, from our monitoring, we haven't seen anything from our screening. We haven't seen anything. We have that documentation that we can certainly provide, but we would encourage anyone, in fact, we believe that this is how you should do Airbnb in Lexington, not just meet the minimum requirements, but also push monitoring for video, push monitoring and active monitoring for audio. If there's a sound issue, that nuisance is immediately pushed to us and we can quantify those concerns. And that's where I really struggle with quantifying some of the statements today. So we would welcome that, certainly. And I buy lemonade from the kids next door. I bought a bracelet on Saturday. Like we genuinely care about the kids in the neighborhood. Like, and back to Mr. Gross's comment, like I don't even think it was rented more than 75 days last year. It's got that higher price point. It's really not. And plus we want to live in our home most of the time. But there are times when we go out of town or we have another business that this is a source of income for us. So not opposed to Mr. Gross's suggestion earlier. Thank you. I just want to make a comment. This is the highest percentage of neighbors opposing an application that I've seen since I've been on the board. No, not true. Kenwood comes out and we have overflow. No, but this is 75%. We put out overflow since every time Kenwood comes. In percentage, this is the highest that I've seen of neighbors concentrated around a property. And we have overflow. I mean, there have been more, but they were scattered out further. This is a focused group. It is a good neighborhood. And again, I would welcome, I think that the turnout that you have today speaks to how much that we do care about our neighborhood. And so I think this level of attendance could also provide the level of oversight to make sure that this is a success, both for our neighbors and for us. And if I may, I had Ms. Sharp check. I know we had some cell phones referenced earlier, checking that. From her perspective, it says it's not active. I just like that in there for the record. And that may be something on Airbnb's end, but from the host perspective, I certainly understand that. But there were cell phones referenced earlier in the record. So I wanted to make sure that was in there. Do we have other questions of the applicant? I want to be sure I understand. This is your primary residence? Yes, sir. It wasn't clear on the application, but I'm assuming that that's the case. This is our primary residence, yes, sir. When we were not there, we're on vacation or traveling for business, yes, sir. Thank you. And this is similar to the one on Blairmoor that we did. Did we approve that one? Remember that one? The Hill and Meyers? Because they lived there primarily. You guys remember that one? I think that was the Hill and Meyer. Talking about the Hill and Meyer project. Oh, you don't memorize everything? What? It was the one, yeah, that one was approved on Blairmoor. No, no, I just remember it was their primary residence. And we put some limitations on. If I recall correctly, we did approve that one and we did put limitations on that one as well. The applicant asked to remove them, but you all did not. Yeah, I remember that. How are the neighbors that provide rebuttal on the issue of parties at the SHL residence? We don't normally do parties, but if parties are happening, they should be reported. They're not allowable by the ordinance, so it has nothing to do, I mean, the host in particular, they have to be reported. They're not allowed by the ordinance under any STR property. And just to clarify, it's a maximum occupancy established for a particular unit, and that doesn't matter if it's during the day or the night. If you're allowed 10 people, it's 10 people max. It's not 10 people and all our guests. That's right. We have removed, well, we've told people, people who have asked, and our kids from college come over to see us while we're here, and I've told them, 10 people max. Even if it's a two-year-old, 10 people max, nobody else. So we're very strict on that. And then just to follow up with Mr. Gross, you had mentioned the 75 limit earlier. I spoke with my clients, and I think they're amenable to that. If that's something that you'd like to add in. Of course. Yes, Ms. Tucker. I just wanted to say thank you to the neighbors who came down. I feel bad, though, there was a comment made about that you had to hire a lawyer to feel important or understood, or so that you didn't get punished, or some statement like that. And I'm sorry that you felt that way. Other questions, commentary? Not if anyone's prepared to make a motion. Okay. I'll let them do the work. Let me just make some comments. I'm sorry that I've been thinking through all your comments, trying to read at the same time while listening. Without question, I understand exactly your concerns. And I don't think anybody has worked harder to try to get the Council and the Planning Commission to revise the ordinance as it currently exists. And frankly, your comments mirror the comments that we've had, we've heard from so many neighborhoods that justifiably speak in behalf of their neighborhood and your concerns for it. And I've said before, it's really hard, it's very difficult as a member of the board to say to people like you, who are just like me, it would be exactly the way I would feel, that I wouldn't want this in my neighborhood. But I'm on this board to follow the rules, the ordinances that the Council has presented. Fortunately, as some people have made in the previous application, the ordinance is being revised, but it will have some changes, even from the suggested or proposed amendments, I suspect, I don't know that for a fact. But from what I've heard, there may be some adjustments even to that. So who knows what we're going to have. But I suspect we're going to find it much easier to decline applications such as this one, based on some of the adjustments to the ordinance as exists. If the board feels strongly that this shouldn't be approved, then I'm going to make a motion to approve it. And I have no bad feelings at all if the board votes it down. So I'll do that to get it off a square one. But I want you to know, understand your concerns. We've heard the same from people like you, good people who love their neighborhoods and worry about the idea of an SDR coming into their neighborhoods. I find that many of our concerns are probably misplaced because we find very, very little difficulties, but at the same time, that doesn't relieve your concerns. So I'm going to make a motion. Are we ready to make a motion? All right. So I move to approve PLN-BOA 24-171, Crystal and Edie Towle request for a conditional use permit for an unhosted short term rental in a single family residential zone on properly located at 2059 Manor Drive, based on the staff's recommendation and the four conditions as listed. All right, we have a first, do have a second. Mr. Clark, I'd like to make a motion to amend your motion. I'd like it to be considered a friendly amendment. I would want to add in a fifth condition that states that the property shall be rented on a short term basis for a maximum of 75 days per calendar year. Okay, and then in that instance, I will second your motion with my additional condition. Thank you, we have a first and a second. Any further discussion? Not, we'll put it up for vote. As amended. Thank you. The motion has passed. Thank you all for your time. Thank you. Thank you for your time. So the next item on the agenda, actually, we had been presented last week. We were presented last week. I'm sorry, you guys, we still have some meetings, so if you could take that. Last month, with the calendar for 2025, have you guys had an opportunity to take a look? Madam Chair, I looked at that and staff would, it's more or less the same calendar as this year. So next November will be a week early for Veterans Day. Same thing happened for Veterans Day in 2025, a week early. Yeah, the calendar for 2025 is more or less identical to 2024, like the same Tuesday, same Monday. So for example, next November, we'll do a week possibly earlier as a Veterans Day. Oh, okay, nevermind then. Either way, I'm okay with the calendar. I was just curious. I looked at it and I couldn't figure out. I just wanted to mentally make sure because I almost didn't show up today until Donna reminded me that it's today and not next week. So I just wanted to make sure that I could tell my calendar enter that make sure. Linda's new job is also to make sure that we're on the right calendar, cookies and calendar is yours. Just a note, I will be here next November to remind you to show up. Oh, you get to retire? Yes, Ms. Donna will be retiring at the end of December. You get her one more meeting. You need the permission of the board to do that, you know? There was no motion. So December 31, you're done? So we have one more meeting with you. And bless her heart. Don't bless her heart, bless our hearts. She gets to be on, you know. You run, look, you run everybody off, Brandon. To not allow Donna to, yes. I will say this, there has been a correlation when I joined the board. There's been a lot of retirements in the planning office since that time period. I will say, I'm not saying it's, it may be coincidental, but that has occurred. It is not coincidental. I think we still need a motion to adopt the meeting in violation. So moved. Okay, thanks. Mr. Clark, second. Gross, then Clark. Can we also take a vote? I think I just threw Donna off. Yeah, I think it's still on the last case. She's just trying to stretch out as long as possible to stay with us. We'll move forward. No, but this is for the, that vote was for the calendar, but it may be on the towels. I would like the record to reflect. It's 515. That was a lot of cases. Y'all are good. Y'all are getting really good. That was over 20 cases. That was over 20 cases. It's 515. Yeah, we've got to still make, we still have to vote. I'm judging. I'm judging. No, I'm not. I understand, but I'm judging. Yeah, let's do that. Hey, Chad, we're voting for the calendar. Raise your hand if the dates, right. Now we can adjourn. Okay. There we go. All right. All right. All right. All right. All right. All right.