# Board of Adjustment Meeting - September 8, 2025 > Auto-transcribed civic record · Board · September 8, 2025 - **Permalink**: https://meetings.lexingtonky.news/meeting/6558 - **Source video**: https://lfucg.granicus.com/player/clip/6558?view_id=14&redirect=true - **Date**: 2025-09-08 - **Body**: Board - **Last revised**: February 15, 2026 - **Length**: 9,931 words - **Speakers**: Chair > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed by OpenAI Whisper-1, with speaker labels folded in from Granicus closed-captioning. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude Sonnet. Speaker labels and verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Board of Adjustment convened on September 8, 2025, at 1:30 p.m. in the Council Chambers at 200 East Main Street, Lexington, Kentucky. The board addressed three agenda items during the meeting, taking a total of 3 votes and hearing 1 public comment. The agenda included one variance appeal and two conditional use permit applications. Of the three items considered, two were approved — a variance appeal for Tom Sulkowski and a conditional use permit for Denali Towing LLC — while a conditional use permit for Barker Properties LLC was denied. ## Attendance The following Board members were present at the September 8, 2025 meeting: - Mr. Gross - Mrs. Tucker - Mr. Clark - Mr. Walker - Mr. Boggess No Board members were absent or late. ## Votes and Decisions Three items came to a vote during the September 8, 2025 Board meeting. - **PLN-BOA-25-00101** — Denali Towing LLC's request for a conditional use permit to establish a vehicle storage yard. Mr. Gross moved to approve, seconded by Mrs. Tucker. The motion **passed** by voice vote. [timestamp: 53:49] Approval was granted subject to the following conditions: the site shall conform to the submitted application materials and site plan; all necessary permits and approvals shall be obtained from the division of building inspection before any additional construction is performed; and the carport shall not be enclosed in order to ensure continued site visibility. - **PLN-BOA-25-00090** — Tom Sulkowski's request for variances for a carport. Mr. Gross moved to approve, seconded by Mr. Clark. The motion **passed** by voice vote. [timestamp: 1:13:40] Approval was granted subject to the following conditions: the site shall conform to the submitted application materials and site plan; all necessary permits and approvals shall be obtained from the division of building inspection before any additional construction is performed; and the carport shall not be enclosed in order to ensure continued site visibility. - **PLN-BOA-25-00087** — Barker Properties LLC's request for a conditional use permit for an un-hosted short-term rental. Mr. Tucker moved to approve, seconded by Mr. Walker. The motion **failed** on a roll call vote of 0–5. [timestamp: 1:30:20] All five voting members — Mr. Boggess, Mr. Walker, Mr. Tucker, Mr. Clark, and the Chair — voted against approval. ## Public Comment One member of the public addressed the Board during the public comment period at the September 8, 2025 meeting. - **Marie Strosser** [timestamp: 1:25:17] spoke on behalf of the Sanders Crossing homeowners association in opposition to a short-term rental under consideration. Strosser raised two specific concerns: the rental's non-compliance with HOA rules, and delinquent payments associated with the property. ## Contested Items - **Short-Term Rental Application — Barker Properties LLC:** The Board considered a request from Barker Properties LLC for approval of a short-term rental. The application drew opposition from the homeowners association, which raised two specific objections: the proposed rental was not in compliance with HOA rules, and Barker Properties LLC had outstanding delinquent payments. No outcome, vote result, or resolution is recorded in the available data for this item. ## Variance Appeal for Tom Sulkowski **Agenda Item:** PLN-BOA-25-00090 | [timestamp: 55:01] The Board took up a variance appeal filed by Tom Sulkowski, who requested reductions to the required front and side yard setbacks in order to construct a carport on his property. Sulkowski cited his son's disability as the basis for the request, indicating that the carport was needed to provide accessible covered parking. Key speakers in the discussion included Tom Sulkowski and Mr. Gross. The item was heard as a discussion matter before the Board, during which the circumstances surrounding the setback reductions and the disability-related need were presented. The Board ultimately **approved** the variance appeal. ## Conditional Use Permit for Denali Towing LLC [timestamp: 52:13] The Board took up agenda item PLN-BOA-25-00101, a request by Denali Towing LLC for a conditional use permit to establish a vehicle storage yard. Mr. Gross was the key speaker on this item, presenting the application to the Board. The structured record does not detail the specific arguments, conditions, or concerns raised during the discussion beyond the nature of the request itself. The Board ultimately **approved** the conditional use permit for Denali Towing LLC. ## Conditional Use Permit for Barker Properties LLC [timestamp: 1:18:12] The Board took up agenda item PLN-BOA-25-00087, a request by Barker Properties LLC for a conditional use permit to operate an un-hosted short-term rental. **Key Speakers:** - Jeremy Barker - Marie Strosser The discussion centered on Barker Properties LLC's application for a conditional use permit that would allow the operation of an un-hosted short-term rental at the subject property. The application drew opposition from the local homeowners association, whose concerns were raised during the meeting. Key points of debate included the un-hosted nature of the proposed rental, which was a central point of contention, as well as the objections brought forward by the homeowners association representing the surrounding community. **Outcome:** The Board **denied** the conditional use permit request for Barker Properties LLC. --- ## Decisions - **PLN-BOA-25-00101** — passed (0-0): Denali Towing LLC's request for a conditional use permit to establish a vehicle storage yard - **PLN-BOA-25-00090** — passed (0-0): Tom Sulkowski's request for variances for a carport - **PLN-BOA-25-00087** — failed (0-5): Barker Properties LLC's request for a conditional use permit for an un-hosted short-term rental --- ## Full transcript including the date that you make the request. So if you make that on a Monday, Monday doesn't count, you gotta wait Tuesday, Wednesday, you can dig on Thursday. So will they notify the person, yes, you're clear, or will they just not hear back, or what happens? Yes, there's something called positive response, which is required by all the utilities who are notified when you call 811, and they'll send you a notification saying, I've located my facility for you, I've marked it in paint, or there's something funny about it, I need to meet you there, but it's that communication back and forth, so you'll know, you'll hear from all the utilities that are required to do it, you'll know what the status of it is. That's great, that's really wonderful. What is a tolerance zone? Okay, perfect, good, good. So let's say that this list up, gas line is located in your yard. Yes. A tolerance zone in Kentucky is 24 inches on each side of that, that you can't use any kind of mechanized equipment, you have to use hand tools within that. Okay. And that's just a tolerance zone, because although this that I'm holding is pretty straight, think of this as a fiber or a piece of cable, it could be snaking like that in the ground, so there's a 24 inches on each side tolerance zone to allow for the movement of that line when it was installed in a ditch. Interesting, and you know, it's really dangerous to hit a gas line, so that's why we're emphasizing the importance of calling before you dig, so I just wanna re, re, re-emphasize that. Is there anything else, you know, is there a penalty for not making sure where the utilities are before you dig? Yes, there is a penalty, it's outlined in the law, and it's a tiered structure based on how many times you've done it. If you're a homeowner, you probably don't do it frequently, but if you're a contractor, you could be involved with it multiple times where it can get pretty expensive, the penalties that you have to pay for not calling 811, and it results in a damage. And I wanna say two more things about this. First one, we talked about 811 day, that's August the 11th, that's the 8th month, 11th day. Yeah! It's kind of our celebration day across the nation for all the 811 centers and for the utilities that we bring awareness to our 811 facilities, 811 processes. And the second thing is, if you cause a damage, don't try to fix it. Call the people who own that facility. I mean, heaven forbid that you hit this gas line, but if you do, don't try to fix it. Because that could just complicate the matter even more. Sure. So you need to step back, and if you hit a gas line, you need to call 911. But contact the owners of the facilities, whether it's a water line, cable, whatever it is, and let them come out and fix it the right way. That's a great word. So we can remember the 8th month, the 11th day, helps remind us the importance of contacting 811. So Lisa, tell me a little bit, when people mark their utility line, I know that Tim mentioned a little bit, the different colors, but can you help explain that a little bit more? Sure. So red is electric, blue is water, green is sewer. There's a lot of sewer projects going around the city right now. Orange is telecommunications, and then yellow is gas. Very good. So if somebody, do you see these cool little flags? A lot of times, my constituents will see flags, and they will contact me and say, what big project is going on in our yard, in the front of our yard, or whatever. Can you explain why these show up in some different circumstances? Right. So it could be that a landscaper is doing a project nearby, and they've called to have their underground utility lines marked. So we would come out and mark our lines. It doesn't necessarily mean it's a Columbia gas project that's gonna be. It could be a city sewer project that's getting ready to start. It could be a landscaping project. It could be any number of things. But the important thing is, if you see these flags, don't remove them. Keep them there, because they're there for a very important reason. So they might just be marked. Maybe the city is doing some sort of a project, and we need to know where the gas lines are, or any other utility line are, to do it. It could be your neighbor. It could be, you know, you're doing something. Right. So, but we don't wanna pull them out. Right. They're there for a reason. Yes. And it doesn't always mean they're gonna just start, someone's gonna start digging up your yard. Right. And on our website, we have a search function that they can go to and put in their address and pop it up, and they can see who's doing what in their area. Or they can call us at 811. And the life of a locate request in Kentucky is 21 calendar days. So don't remove those lines, or those flags. For 21 days. Leave them there, because it's, that means the work is gonna be done sometime within that 21 days. That's great. So I hope everyone heard that. You can contact 811 to find out what project, why utilities are being marked in your area. So, I think this is one of the most important things. Lisa, if you smell gas, what do you do? And the odor is added. Yes. So that people can be aware if there's a problem. Right. Actually, in its pure state, natural gas doesn't have an odor, but we add an odorant called mercaptan. And it gives it that very familiar sulfur-like. Yes. That kind of smell. That's very recognizable. So if you do smell that smell, it's important that you leave the premises immediately. Don't turn on lights. Don't use your cell phone. Don't do anything. Just leave. And then from a safe distance, call 911, as Tim said. And also call Columbia Gas. And we will come out. No charge at all. We will come out immediately and investigate that and find the source of that odor. But don't, don't assume that it'll go away. Don't try to ventilate the area. Don't do anything. Just get out and call us. And that's actually happened to me in my house. And then also being on other properties and then, you know, having that strong, strong scent. And so it's important to realize that that could be an emergency. And so please do call and get it checked out. And hopefully everything is okay. Is there anything else that you all would like to mention that you think is important? Yeah. So I want to make sure everybody understands that 811 is not for large contractors exclusively. It's for anybody. Right. For instance, let's just say that on a weekend project, you want to replace your mailbox. That's about a foot off the edge of the road. Guess what else is a foot off the edge of the road? Could be this gas line. Some utility is about a foot off the edge of the road. So you're out there digging on a Saturday morning to do a project and replace your mailbox. The next thing you know, you've got a big problem on your hands. Call us and it's free to use us. Absolutely free of charge to use the 811 system. Call us and we'll send people out that'll locate that so that you know where you're digging. That's really important reminder. And I don't know, Lisa, do you have something else you think is important for our viewers to know today? No, just again, you know, always call 811 or go online and request the utility lines be marked. And again, if you ever should smell gas, don't even hesitate to call. It doesn't cost a thing. We will come out 365 days a year. No problem. Very, very good. Thank you so much. It's a pretty day. It's not raining. You might want to do some yard work. So before you start digging around, dial 811. Thank you for joining us. Thank you. ♪ Can't find love because it's trapped inside ♪ ♪ Can't find freedom lurking with the light ♪ ♪ Make some room in the dark ♪ ♪ Can't find love because it's trapped inside ♪ ♪ Can't find freedom lurking with the light ♪ ♪ Make some room in the dark ♪ ♪ Can't find love because it's trapped inside ♪ ♪ Can't find freedom lurking with the light ♪ ♪ Make some room in this old part of mine ♪ ♪ So much pressure to keep holding on ♪ ♪ Pack my clothes up, baby, I'll be gone ♪ ♪ Stir it up, I've got to bring it up now ♪ ♪ When I think about tomorrow, I can't wait to ♪ ♪ Stir it up, I've got to shake it up now ♪ ♪ Got to shake it up now, if I have to beg or borrow ♪ ♪ I don't want to take it anymore ♪ ♪ Got to bring it up now, when I think about tomorrow ♪ ♪ I can't wait to stir it up, got to shake it up now ♪ ♪ If I have to beg or borrow ♪ ♪ I don't want to take it anymore ♪ ♪ Where did you go? ♪ ♪ I was searching on a one way street ♪ ♪ I was hoping for a chance to meet ♪ ♪ I was waiting for the operator on the line ♪ ♪ She's gone so long, what can I do? ♪ ♪ Where could she be? 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Slow down, slow down, slow down... ♪ Sweet talking woman, you got me running, you got me searching. Slow down, slow down, sweet talking woman... ♪ It's so sad that that's the way it's over... ♪ Slow down, slow down, sweet talking woman, you got me running, you got me searching. Slow down, slow down, sweet talking woman... ♪ It's so sad that that's the way it's over. Slow down, slow down, sweet talking woman, you got me running, you got me searching. ♪ Hold on, sweet talking lover, it's so sad that that's the way it's over. Slow down, slow down, sweet talking woman, you got me running, you got me searching. ♪ Hold on, sweet talking lover, it's so sad that that's the way it's over. Slow down, slow down, sweet talking woman, you got me running, you got me searching. ♪ ♪ Daytime turns me off and I don't mean maybe. Nine to five ain't taking me where I'm bound. When it's done, I run out to see my baby. We can prove it when the sun goes down. ♪ I thank the Lord for the nighttime, to forget the day. A day of up, up, tight time. Baby, chase it away. I get a relaxation, and it's time to groove. I thank the Lord for the nighttime, I thank the Lord for you. ♪ ♪ I don't talk about plans now, baby, I got credit. But nothing ever seems to turn out the way it should. Talk about money, girl, I ain't got any. Seems like just one time I'm feeling good. ♪ I thank the Lord for the nighttime, to forget the day. A day of up, up, tight time. Baby, chase it away. I get a relaxation, and it's time to groove. I thank the Lord for the nighttime, I thank the Lord for you. ♪ Seems like just one time I'm feeling good. I thank the Lord for the nighttime, to forget the day. A day of up, up, tight time. Baby, chase it away. I get a relaxation, and it's time to groove. I thank the Lord for the nighttime, I thank the Lord for you. ♪ Yeah, yeah. Thank the Lord for the nighttime. Thank the Lord for you. All right. Come on, now, girl. I went to work for her that summer. Teenage kid so far from home. She was a lonely widow woman helping to make it on her own. We were a thousand miles from nowhere. Wheat fields as far as I could see. Both needing something from each other. Not knowing yet what that might be. Till she came to me one evening. Hot cup of coffee and a smile. In a dress that I was certain. She hadn't worn in quite a while. There was a difference in her laughter. There was a softness in her eyes. And on the air there was a hunger. Even a boy could recognize. She had a need to feel the thunder. To chase the lightning from the sky. To watch the storm with all its wonder. Raging in her lover's eyes. She had to ride the beat of passion. Like a comet burning bright. Rushing it along in the wind. Out where only dreams make man. Burning both ends of the night. That summer wind was all around me. Nothing between us but the night. When I told her that I'd never. She softly whispered that's all right. And then I watched her hands of leather. Turn to velvet in a touch. There's never been another summer. When I have ever learned so much. We had a need to feel the thunder. To chase the lightning from the sky. To watch the storm with all its wonder. Raging in each other's eyes. We had to ride the beat of passion. Like a comet burning bright. Rushing it along in the wind. Out where only dreams have been. Burning both ends of the night. I often think about that summer. The sweat, the moonlight and the lace. I have rarely held another when I haven't seen her face. Every time I pass a wheat field. Watch her dancing with the wind. Although I know it isn't real. I just can't help but feel her hungry arms again. She had a need to feel the thunder. To chase the lightning from the sky. To watch the storm with all its wonder. Raging in her lover's eyes. She had to ride the beat of passion. Like a comet burning bright. Rushing it along in the wind. 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Yeah, ultimately, we have a number of, especially in this area, a number of older industrial sites. Mr. Walker is very much aware of what it takes sometimes to convert a grandfather claw site into a new use. And so in that instance, sometimes you get caught up in regulations. I understand that this is essentially kind of a like use. But on the flip side, we've got potential for hazardous materials to leak into the ground. And that's why we have that regulation. I'm comfortable with approval. At this time, without more information, I would not be comfortable with striking condition six. I would support the staff's position on it, given that sometimes you're the first person that gets out the grandfathering of a piece of property. And so I would probably not remove that number six. Well, hopefully the other five of you say yay. I don't know if it's a vote system or how it works. Any other questions for the applicant? Any other comments from staff? We're good? Could I have a motion for approval? A motion to approve. As is, with conditions intact, as approved, recommended by staff. Did Ross make that? A motion for it. Do you want me to read it? Yeah, normally we read it for the record and go through. And then we normally will read what's on to, and then we'll say based upon staff's recommendation and their report. So that gets put in as part of the record officially. And then we'll say the conditions. And all of that is, as Brittany will tell us later if we have time, when we get sued, that way everything's properly in the record. And that way the court, they have to look at it. They have everything. Got it. I will let somebody else motion so I don't mess it up. Well, I don't mind making the motion. So I will move for approval of PLM BOA 25-101 Denali Towing LLC's request for a conditional use permit to establish a vehicle storage yard in an I-1 zone on property located at 682, 684, and 686 Montgomery Avenue. Based upon the staff's recommendation and the report and subject to the conditions as set forth in that report. So that would mean you would need to pave it. OK. So moved. I'll second it. I have a motion by Mr. Gross, second by Mrs. Tucker. Any other comments or questions? Would you please have a vote? Thank you. It's been approved. That'll work. Appreciate it. Thank you. Appreciate it. Our next case is PLM BOA 25-90 Tom Salkowski. This has been recommended for disapproval. Would staff please present first? Oh, sorry. Dalton Belcher on behalf of planning staff. So this, excuse me, the applicant is requesting variances to reduce the required front yard setback from 20 feet to 4 inches. And to reduce the required side yard setback from 3 feet to 4 inches. In a townhouse residential R1T zone on property located at 1368 Deer Lake Circle, Council District 8. You can see on the screen, and I'm highlighting it a little bit better here, in orange is the subject property here on Deer Lake Circle. Here's just a street view of the property. I've got a couple better pictures that I'll show, but this was before the carport was put on the property. Here's the applicant's site plan, so you can see it's maybe a little bit faded, but this blue-ish square probably looks white on the screen, is the home. And then in yellow, kind of a faded yellow here, is the carport that has been put on the property. The applicant, and I'll let them explain in a little bit more detail, but they put this carport up as a result of a medical concern with their child. There was a tree that had fallen on a nearby structure, and there's some concerns about sounds and noise. And I'll let them address that in a little bit more detail. But what you have on the screen is some pictures the applicant had provided. On the left is the tree falling, and then on the right is a doctor's note, which like I said, I'll let them get a little bit more detail on. Here is the carport that was placed on the property. So you can see it's got a post here on the applicant's side of the driveway, if you will. This is another property here. There are no posts on the applicant's property, or excuse me, on the neighbor's property. And here's the carport, it's kind of a unique design. Here are some other pictures that the applicant has provided, just some other views of the carport. So staff is recommending disapproval for the following reasons. First, that the applicant has not provided sufficient justification to meet the requirements of Article 7 of the Zoning Ordinance, or KRS 100.243. There do not appear to be special circumstances that are unique to the subject property that do not generally apply to land in the general vicinity, or in the same zone that justify the need for the variance. This property is similar in size, shape, and composition as other homes in the area. Next, that the applicant has not provided sufficient justification to demonstrate that the prohibition of locating the carport in the front yard is depriving the applicant of the reasonable use of the land. Next, that the granting of this variance could allow in a reasonable circumvention of the requirements of the zoning ordinance as the applicant constructed the carport without the necessary permits or approvals. And then finally, that the granting of this variance would alter the character of the general vicinity as no other property on Deer Lake Circle features a carport in the front yard. And the prohibition on constructing accessory structures within the required front yard is consistent across residential zones. And I'll note that this case, we had suggested maybe pushing the carport back a little bit. And because the zone does have a ten foot requirement and changing the platted building line to try to work that out. I think the applicant decided that was not the best course to move forward with them after speaking with a contractor or somebody who had worked on the carport. I'll let them again address that, but that's all for your staff's presentation. If you have any questions for me. I have a question. You said moving the carport would have to be moved back behind the front of this house, would it not? Actually, what we were suggesting here would be that they moved it back to the zone requires a ten foot. The zoning ordinance requires ten feet from the property line. So we would be saying to move it back to ten feet back from the property line. That was a suggestion. Now again, that did not move forward. The applicant decided not to go through that. So there would still be the side yard variance to have to consider. That would just have removed the need for the front yard variance at that point. They would also have had to have gone through and I believe it would be a revised plat. Tracy, correct. They have to revise the plat to the ten. Yeah. They would have to have gone through a process with the planning commission to revise the plat. So that would have been a separate thing and I don't know if they're going to pursue that at this point. They want to move forward with their request as is. Good, thank you. Any other questions? Thank you Dalton. You're welcome. Would you please state your name for the record? Good afternoon. Tom Sulkowski. I live at 1368 Deer Lake Circle. I'm here as a father of two sons. I'm a single father of two sons. One of my sons is severely autistic. I'm here to request your approval of the variance that I submitted to, for my existing car port. I was working with my physician on alleviating some of the issues that I have with my son. Like I said, he's almost 21 and he has a severe irrational fears of sensitivity to light, certain sounds, heat. And I was thinking about, and then we had this big incident in 2023 where a tree fell on our house. We were there and ever since he has the irrational fear of trees and there's a huge, well any tree, but there's a huge tree right in front of our house. And getting him in and out of the car, and getting him to school in the morning, getting various therapies that I have to take and be there on time. It's very difficult. Sometimes I get him in the car, he runs back to the house. I need to, sometimes it takes half an hour to just get out of the house. And when I thought about this, maybe putting a car port there would help with the car not getting too hot. And then also alleviating some of that irrational fear that he has with those trees by putting that car port. Well, I don't really have a choice. It's right next to the house. When we leave the house, we're almost right under that car port and I can get him in that car much quicker. So I decided to do this and I've been saving money for some time. Then I found out because of the unique, I wanted to make sure that it's not ugly and it just kind of doesn't really stand out. It required also to replace the driveway because there's only two posts. So I've saved the money and I decided to do it. Removing it, it definitely will be a huge financial burden. I don't know if I can bear that. And given that, again, first thing I want to say, I deeply apologize for putting this up without asking for permission. I had no idea that that was necessary. I was just really thinking of fixing the problem that I had on my hands for a long, long time. So I didn't even think about that for a second. And when I hired the contractor to do the work, he didn't say anything. And so I just assumed it was fine. And we've used it now for over two months. It seems it works. It helps. The car is not that hot. I think the main thing is the shelter that shows to my sons, like I can get in there and just get in a car and no problem. And that helps me a lot, it really helps me a lot. And it helps him to get wherever he needs to go on time. So the staff report recommends disapproval. I would like to address maybe some of those things that I think the approval is justified. So first, the unique circumstances. I mean, the plot is very small. It's very narrow, a very short drive. There are some actually, the few plots right next to me are very similar. However, if you look at the neighborhood, there are much bigger plots where you could put a carport on a side. It wouldn't be a problem. As a matter of fact, I think there are carports on the side of the house, at least two in my neighborhood that I see. There are more on the side, not in front, but there's space for it. So I think that is very unique. Also, my son's disability, I think that makes it somehow unique. The second thing is, though, this doesn't deprive me of reasonable use. I think it does. And especially now that I had a chance to use it for two months, it really helps. I cannot see now trying to remove this and going back to what we had before. I have noticed and I've spent some time researching this. I know that, I think under section of 15-5, ordinance allows wheelchair ramps to extend into front setbacks. It's not the same thing, but for my son, it really is kind of the same thing. It serves the same purpose. I think the staff mentioned looking into amending the plot line from 20 to 10 feet. And when I heard that, I jumped on it immediately just to see if that can be done so we can amend the plot line and then move the carport back. So I had the contractor come in and look into that. And unfortunately, that just cannot be done. The space between the two houses, my house and the neighbor's house, it's nine, eight, and the roof of the carport is over ten feet. It's a smidge over ten feet. And then also, the post, the only two posts that hold the roof that would not be able to go in the ground. I would have to attach the roof simply by not using the carport. I will have to just put a roof there. But that's not enough even to fit the car between those two houses. So, and I attached that document from the contractor that that cannot be done. So now I'm back to just the original variance and asking for that approval. The third, I definitely did that without asking for permission. So I apologize for doing that. I really was driven by trying to fix the problem for my son, and I didn't want to evade the rules. So again, I apologize for doing that. But the two months of using it, I definitely see it works, and to me, that justifies the approval. And finally, the last one alters the character of the neighborhood. The carport, I spent some time looking for something that would just not be really standing out, something that would be a clean, and I think I found it. It has a very small footprint. There's really just two posts that hold the roof. It's almost like a floating roof. Some of the pictures that I provided show, if you look from the side, it almost like blends in. You don't even see it. So I feel like that didn't really change the character. I had impact letters from my neighbors, Jason on both sides of my house and some others. And they don't have a problem. They like it. They think it makes their neighborhood look better. So with that, I would say, knowing also with the ramps that are allowed in setbacks, and that kind of enhances livability without discord for me. In closing, I think I would like you guys to approve it. I'm not asking for a handout, just a little help with this situation. Thank you. I'm ready for questions. Any questions for the applicant? Comments? I think that having known people on the spectrum and with sensory issues, those things are very hard to get them to do things when they need to. And while it's not as obvious as other disabilities, it is still an issue. And so I think, given the fact that we have approved people to have extended driveways and other things in the front yard for ambulatory issues related to wheelchairs and other things, I would be comfortable with supporting this application based upon reasonable conditions. I would agree with that. I think there's a, sometimes we just have to look at the situation. We look at the law and we compare the needs for sticking with the law or looking at the issues that are impressed upon us. And I think that this is one of those times that we can make an exception. Everyone in agreement with that? Mr. Gross, would you like to take a recess and change the language on that? Yes, let's take five minutes. That's what legal tells me they need to help me prepare that, and then we'll be back. Thank you. We'll take a recess for five minutes. One two three four five six seven eight nine ten eleven twelve thirteen fourteen fourteen fifteen Mr. Gross said we are you ready for our motion guys back into session Thank you, sir, if you want to come back up real quickly We're in order, I still have Denali towing on my screen Oh, yeah, it's on our screen too So while you're fixing that sir, I'll talk with you So I'm gonna make a motion for approval and it's gonna be subject to three conditions The first one is the site shall conform to the submitted application materials in the site plan That'd be the materials you gave to playing staff already The second one would be all necessary permits and approvals shall be attained by the division of building inspection before any additional construction is performed So don't do anything else unless you go see them first And then the third one is the carport shall not be enclosed in order to ensure can Continued site visibility those sound fair to you. Yes. Can I ask you but the middle part with the permits? Well, I know what I need to ask for. Oh On the permit side It says for any additional construction So as long as you don't do anything, I think you'll be okay, okay Yes, if they're just saying okay from now on go to the building inspection before you do something. Yeah 100% this was a learning experience. Yes. So, um, yeah in Lexington when in doubt you need a permit So that it'll keep you in straight and narrow. Yeah, I Promise I will not build anything. Yeah. Yeah. So with that being said I'm gonna proceed with Some findings before I make my motion so with respect to peel and be away 25-90 I move for approval of their quest for two variances for the front yard setback from 20 feet to 4 inches in The side yard setback from 3 feet to 4 inches based upon the following findings The variance will not adversely affect the essential character of the neighborhood or negatively impact the public Health safety or welfare or create a nuisance for the residents Because it has an adequate distance from neighboring structures and has adequate buffering from the adjoining tree canopy The very number two the variances are justified by the special circumstances of the land Because the configuration and location of the driveway on the side of the house covered by tree canopy limits the feasible locations for carports number three lastly the variance Went too far The variance will not unreasonably circumvent the zoning requirements the requests do not require a fundamental alteration of the zoning ordinance because the special circumstances Justify the variance further the board has heard sufficient evidence To demonstrate why the requested front yard setback is necessary as a reasonable accommodation The owners have expressed have requested a front yard setback from 20 feet to 4 inches in Order to construct a carport that blocks their disabled child from exposure to the sunlight and falling branches in the owner has explained that he Cannot locate the carport within the rear yard or any closer to the property line without having the carport roof encroached on neighboring property owners This owner cannot use the driveway to the equal enjoyment as others without adequate shielding from sunlight The approval is made subject to the following conditions number one The site shall conform to the submitted application materials and site plan Number two all necessary permits and approval shall be obtained by the division of building inspection before any Additional construction is performed and number three the carport shall not be enclosed in order to ensure the continued site visibility so Second we have a motion for mr. Gross We have a second for mr. Clark Any additional comments or discussion Please vote Thank you, sir, you've been approved. All right. Thank you very much appreciate. Thank you Our last case is a conditional use Or short-term rental PLN BOA 25-87 Barker properties LLC This has been recommended for disapproval Would staff please make their presentation Okay Okay, so this is a request for a conditional use permit for an unhosted short-term rental in a planned neighborhood residential r3 zone on property located at 527 Estrella Drive Council District 2 The subject property is highlighted in orange here and I'm hovering over with the zoom Here is a street view of the property Here's the applicant site plan showing that they're gonna have For you got two parking spaces in the garage and then two in the driveway and then Here is the short-term rental map showing the short term rentals in the vicinity There are zero within 600 feet and we did not find any in a thousand foot buffer. There's one Over here, but it's just outside of the buffer. So they have a 0% concentration within a thousand feet This is just showing that information again that there's a zero within a thousand feet none within 600 feet So staffs reason for disapproval is based off compliance and here's a timeline I have some of the documents there in your packet as well But on December 9th, the Division of Revenue sent out renewal notices December 9th of 2024 on March 17 2025 the notice of violation for non-renewal was sent by the Division of Revenue in March there were and in April Division of Revenue track to unlicensed stays at the short-term rental in those months and then in May May 16th 2025 there was a citation issued by the Division of Revenue because the short-term rental listing was still active in Six days later on May 22nd The applicant sent an appeal of citation and pulled their listing from online and then July 15th There was an appeal hearing but the applicant did not appear at the hearing so I have these on the screen, but that's basically the these are the Letters and the citation and the appeal notice that was sent back and forth between revenue and the applicant So Staff does recommend disapproval for the following reasons first that the four factors listed in article 313 G That's owning ordinance been evaluated in addition to the requirements of article 7 of the zoning ordinance and KRS 100 point two three seven And that the applicant has demonstrated a history of non-compliance as they have repeatedly violated the rules and regulations set forth in the Code of Ordinances chapter 13 article 5 and its subsections you have any That's all for stats presentation if you have any questions for me Any questions for mr. Belcher All right, thank you sir, thank you Will the applicant please step up state your name for the record, please My name is Jeremy Barker with Parker properties and by that list I would say I'm completely non-compliant as well I agree with that bad actor. It looks like So I I reside in Utah, I have a couple companies here in Kentucky So I own Murphy door their own fortune and then I just bought the Xerox corporate building on Yorkshire Could you move my phone up? Absolutely So been participating in Lexington for about 10 years, but we run all operations out of Utah at the end of last year We moved our corporate office from 2380 south over to 1400 West a different building and all a lot of the mail Which was Lexington part of this particular entity We have 11 entities total did not get the mail forwarding over to the main corporate office So it ended up in a manufacturing facility. We didn't see some of these notices But I want to read wind a little bit There was we've been in that as a short-term rental for a couple years So we had a grandfather issue or we were grandfathered in initially without the permitting stuff So at the end I would say it was the third or fourth quarter of 24 that we finally got our permit We did the paperwork. So we got the grandfather permitting in place. I in Utah our permits are 12-month cycles They don't end at the new year So it wasn't something that we were familiar with needing to renew at the start of a new year So it didn't ring a bell for us Nor did we have emails on you from your side, which would be fine if it's by mail But we just weren't getting the right mail I didn't think of needing another permit for another several months after our last permit as far as this the We did get the letters or we didn't weren't aware of those letters So we kept the listing up didn't think anything of it till finally We ended up getting one and I'm not sure if it came by email or what I'd have to talk to my manager Spencer Bowen that manages that stuff for me and I didn't know of a hearing either. So I'm not sure I know we've got our addresses corrected with your offices now with all our entities here in Kentucky But as far as the rest, yeah, that list was pretty embarrassing when I'm sitting in my chair. I can tell you that So I can agree with a hundred percent of your team and what kind of notices they've sent it looks rough But ultimately we run a lot of different companies and we're really successful at it in Lexington's been a very important part of our Our entities and we want to make sure we save good face because we've got a lot of forward motion Working with different teams here locally to try to build and make Lexington graders as it is already So I can appreciate it. All I'm asking is a little forgiveness and understanding and got all our ducks in a row this process isn't easy especially from over, you know, the other side sending all the letters to all the locals and Coming in and doing them personally That was there were submissions and some dedication that we came out to fly out to make sure this meeting occurs I did it myself and Mike Spencer. I'll come out. It's my name on the knee on the deal I'll I'll do this and take whatever bullet I have to take to make sure I stay clear and Move forward because I plan on a long Prosperous relationship with Kentucky not just in Barker properties But with Murphy door and vision Kentucky and a couple other entities that we're buying here locally So this is just a small piece Initially, we bought this to be one of our housing pieces for Utah people to come over to help house And as we build up the new facility We just invested another five million on fortune Drive in adding a bunch of additional jobs We were we did a different a couple different shows with that But it was a place to put my people initially and I'm like this place is sitting empty quite frequently Let's put it on a short-term rental basis. So that's what we initially did So never it's not really the super important piece as far as an income stream But it is help offset the cost of managing a property that's that's occupied three or four weeks a year. Excuse me Anyway, that's my that's my only thing other than yeah, I'm embarrassed about that list for sure Any questions for the applicant Are you familiar that the deed restrictions prohibit short-term rentals in the neighborhood? I was not. Uh-uh. I'm sorry Is there anyone here and speak in opposition to this You please step up State your name for the record and you will have Three minutes. My name is Marie Strosser and I represent the Sanders Crossing homeowners association The reason why there aren't any short-term rentals within close proximity to his home is because they're not allowed You stated that Barker properties have a non-compliance issue with city ordinances Well, they also have one with the homeowners association and the fact that the homeowners association Does not allow for short-term rentals We I understand You know the history there The fact is that letters have gone out. There is a letter. We had a problem with a short-term rental in 24 and a letter had gone out from a previous board Stating explicitly that there's no short-term rentals allowed In addition to the non-compliance Barker properties is delinquent in paying their homeowners Association annual assessments they were delinquent in 23 and 24 and didn't pay until they had a fine placed upon them the 25 Assessment was due at the end of May. They still haven't paid. I Have sent them to the address we had on file and I I've also been in email contact with Sandra Jensen Right, and she hasn't paid So Barker properties also was Non-compliant and having the signage Maintained in front of the home. It was put up on the 21st, but then Have to go back Well, it was taken down it was put back out up after I had called But as far as just the community impact as well the parking they say that there's They can house ten people in that home If you look I had sent and I brought copies in case you didn't get the emails There's those homes are very close together. There is only parking on one side of the street on Estrella because there's a firehouse at the end and Because of the fire hydrants and that right away You know Conceivably you could have much many more cars that need to park than what? there is even space available, but Mainly it was just the the non-compliance and it's against our rules, which I know you don't enforce but Those are the rules so thank you very much for your time Thank you for your comments Any questions discussion Brandon, no, the only thing I would say is that and this is For the the neighbors while I understand you may have a private covenant of record that's for Two private parties in the courts not for necessarily this body But we do appreciate you come in and bringing that to our attention But historically this body has not Taken that as a reason to deny an application so But that's all I have to say just to let people know that fact Any other questions comments It's been recommended for disapproval could I have a motion, please? I Make a motion for PLM BOA 2587 Barker properties LLC requesting a conditional use permit for an unhosted short-term rental I'm in the planned neighborhood residential zone on the property located at 527 Estrella Drive And I agree with the disapproval of the staff based on the conditions that they've listed here We have a motion could we have a second We have a second The motion from mr. Tucker a second from mr. Walker any other comments or discussion We please have a vote And Waiting for this I'm going to ask our legal counsel if we can have a voice vote You can have a roll call vote if you want to I think they're trying to figure that out You In lieu of technical difficulties, I'm going to ask for a roll call vote. Mr. Boggess Yes Mr. Walker, yeah, mr. Tucker. Yeah, mr. Clark And chair votes yes Motion this motion is passed for disapproval Thank you Are we still looking for a Technical vote No Let's move on to our staff items staff wish to present anything at this time Board items Yeah, this is real quick and Staff may know have we scheduled or we When are we going to schedule for miss Carter to come back and for us to sign the thing and take the photo We haven't scheduled those yet. I need to reach out to her and see when she's available. Okay. Yeah. Thank you I'd also like to ask where we are on minutes. I lost track where we are. We're behind on minutes We still have April and May outstanding for you and then I think I have a copy of June that's been reviewed by the staff but not by me I Will let entertain a motion to move into closed session to discuss pending litigation Did we have that motion, please I'll make that motion council or you I I drafted the motion for someone. Mrs. Tucker has it. Okay, then Linda can do it. Yes I moved to go on to closed session for the purpose of discussing pending litigation Pursuant to KRS 61 point eight one zero that one see I have a second You We need a vote Everyone vote affirmative. Yeah closed session unanimous You You Do So So So So So So So So Foreign