# Board of Adjustment Meeting - February 9, 2026 > Auto-transcribed civic record · Board · February 9, 2026 - **Permalink**: https://meetings.lexingtonky.news/meeting/6684 - **Source video**: https://lfucg.granicus.com/player/clip/6684?view_id=14&redirect=true - **Date**: 2026-02-09 - **Body**: Board - **Last revised**: February 13, 2026 - **Length**: 11,514 words - **Speakers**: Chair, Clerk > ⚠️ **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 Lexington Fayette County Zoning Board of Adjustment convened on February 9, 2026, at 1:30 PM in Council Chambers at 200 East Main Street, Lexington, Kentucky, with Bob Sturdivant presiding. The board worked through a full agenda of 9 items, consisting of 3 variance requests and 6 conditional use permit requests. Over the course of the meeting, 9 motions and votes were taken and 3 public comments were heard. Of the 9 items considered, 8 were approved and 1 — the variance request by Melissa Robinson — was denied. ## Attendance The following board members were present at the February 9, 2026 meeting: - Bob Sturdivant - Chad Walker - Harry Clark - Ross Bogus - Brandon Gross All five members were in attendance. No members were recorded as absent or late. ## Votes and Decisions The Board took action on nine items during the February 9, 2026 meeting. - **PLN-BOA-25-00148** — Theta of Kappa Alpha Housing Corporation's request for a variance to reduce the required perimeter landscape buffer from 15 feet to 0 feet passed unanimously, 5–0, subject to two listed conditions. [timestamp: 0:48:55] - **PLN-BOA-25-00153** — James Monroe's request for a variance to reduce the required side yard setback from 5 feet to 3 feet passed unanimously, 5–0, subject to two listed conditions. [timestamp: 0:50:54] - **PLN-BOA-25-00142** — Melissa Robinson's request for a variance to reduce the required side street side yard setback for a corner lot from 30 feet to 9 feet 5 inches failed on a roll call vote, 0–5. Voting against: Bob Sturdivant, Chad Walker, Harry Clark, Ross Bogus, and Brandon Gross. The motion was seconded by Harry Clark. [timestamp: 1:07:14] - **PLN-BOA-25-00107** — Thida Yi Yi's request for a conditional use permit for an un-hosted short term rental passed unanimously, 5–0, subject to four conditions. The motion was made by Chad Walker. [timestamp: 1:13:04] - **PLN-BOA-25-00150** — Cool Places II LLC's request for a conditional use permit for an un-hosted short term rental passed unanimously, 5–0, subject to four conditions. [timestamp: 1:15:33] - **PLN-BOA-25-00152** — Lexington Garden Properties LLC's request for a conditional use permit for an un-hosted short term rental passed unanimously, 5–0, subject to four conditions. [timestamp: 1:17:45] - **PLN-BOA-25-00139** — Five Star Renovations LLC's request for a conditional use permit for an un-hosted short term rental passed on a roll call vote, 5–0, subject to four conditions. Motion by Chad Walker, seconded by Harry Clark. All five members — Bob Sturdivant, Chad Walker, Harry Clark, Ross Bogus, and Brandon Gross — voted in favor. [timestamp: 1:26:45] - **PLN-BOA-25-00144** — Jesse Thomas's request for a conditional use permit for an un-hosted short term rental passed on a roll call vote, 5–0, subject to four conditions. All five members voted in favor. [timestamp: 1:36:53] - **PLN-BOA-25-00151** — The DeRossett Group LLC's request for a conditional use permit for an un-hosted short term rental passed on a roll call vote, 5–0, subject to four conditions, with occupancy limited to six individuals. All five members voted in favor. [timestamp: 1:47:03] ## Public Comment Three members of the public addressed the Board during the February 9, 2026 meeting, with all three comments centered on concerns related to short-term rental properties. - **Patty Drouse** [timestamp: 1:22:28] spoke broadly about the relationship between short-term rentals and affordable housing availability in Lexington. Drouse expressed concern that the proliferation of short-term rentals is negatively impacting the supply of affordable housing units in the community. - **Aaron Adkins** [timestamp: 1:30:23] spoke in opposition to a specific short-term rental application involving a property on Whiteberry Drive. Adkins raised concerns about potential community disruption and argued that the application conflicts with HOA policy. - **Colin Allen** [timestamp: 1:44:15] addressed concerns about a short-term rental on St. Teresa Drive, focusing specifically on parking issues and the number of occupants the rental would accommodate. All three speakers raised distinct but related concerns — ranging from broad housing policy implications to neighborhood-level impacts — reflecting community interest in how the Board approaches short-term rental applications. ## Contested Items Three items on the February 9, 2026 Board meeting agenda drew notable opposition from the community. - **Variance Request by Melissa Robinson:** This request faced community opposition centered on concerns about its impact on neighborhood character. The Board ultimately denied the request, citing both insufficient justification from the applicant and the opposition raised by community members. - **Conditional Use Permit Request by Five Star Renovations LLC:** Concerns were raised regarding the potential effects of short-term rentals on affordable housing availability and neighborhood character. Community members voiced opposition to the permit, reflecting broader anxieties about how short-term rental activity can alter the composition and accessibility of residential neighborhoods. - **Conditional Use Permit Request by Jesse Thomas:** This request also drew opposition, with community members expressing concerns about potential violations of HOA policy and the broader impact on the neighborhood community. The opposition highlighted tensions between individual property use requests and existing community governance structures. All three items generated pushback rooted in concerns about preserving neighborhood character and community standards, though the specific issues varied — ranging from affordable housing impacts in the Five Star Renovations LLC matter to HOA policy compliance in the Jesse Thomas request. The Melissa Robinson variance was explicitly denied; outcome details for the two conditional use permit requests were not specified in the available record. ## Variance Request by Melissa Robinson **Agenda Item:** PLN-BOA-25-00142 [timestamp: 1:07:14] The Board considered a variance request submitted by Melissa Robinson seeking to reduce the required side street side yard setback for a corner lot from 30 feet to 9 feet 5 inches — a reduction of more than 20 feet from the standard requirement. Key speakers on this item included Melissa Robinson and Dalton Belcher. Staff recommended disapproval of the request, citing a lack of sufficient justification for granting the variance from the established setback standard. The Board ultimately **denied** the variance request. ## Variance Request by Theta of Kappa Alpha Housing Corporation **Case No. PLN-BOA-25-00148** [timestamp: 48:55] The Board considered a variance request submitted by Theta of Kappa Alpha Housing Corporation seeking to reduce the required perimeter landscape buffer from 15 feet to 0 feet. - **Presenter:** Nick Nicholson presented the item to the Board. - **Request:** The applicant sought a complete elimination of the standard 15-foot perimeter landscape buffer requirement, reducing it to 0 feet. - **Staff Recommendation:** Staff recommended approval of the variance as submitted. The Board approved the variance request. ## Variance Request by James Monroe [timestamp: 50:54] The Board considered agenda item PLN-BOA-25-00153, a variance request submitted by James Monroe. Monroe requested a reduction in the required side yard setback from 5 feet to 3 feet. Staff recommended approval of the variance request. The Board took up the item for discussion with James Monroe identified as a key speaker. The Board approved the variance request. ## Conditional Use Permit Request by Thida Yi Yi [timestamp: 1:13:04] The Board considered agenda item PLN-BOA-25-00107, a request by Thida Yi Yi for a conditional use permit for an un-hosted short-term rental. Staff presented a recommendation of approval for the permit request. Thida Yi Yi was identified as a key speaker during the discussion of this item. The Board ultimately approved the conditional use permit request. ## Conditional Use Permit Request by Cool Places II LLC [timestamp: 1:15:33] The Board considered agenda item PLN-BOA-25-00150, a conditional use permit request submitted by Cool Places II LLC for an un-hosted short term rental. - **Presenter:** Tyler Back presented the item to the Board. - **Staff Recommendation:** Staff recommended approval of the conditional use permit request. - **Outcome:** The Board approved the conditional use permit request. No additional details regarding specific concerns raised, conditions attached to the approval, or further debate are available from the provided record. ## Conditional Use Permit Request by Lexington Garden Properties LLC [timestamp: 1:17:45] The Board considered agenda item PLN-BOA-25-00152, a conditional use permit request submitted by Lexington Garden Properties LLC for an un-hosted short-term rental. Staff presented a recommendation of approval for the permit. The applicant was present and participated in the discussion. The Board ultimately **approved** the conditional use permit request. ## Conditional Use Permit Request by Five Star Renovations LLC [timestamp: 1:26:45] The Board considered agenda item PLN-BOA-25-00139, a conditional use permit request submitted by Five Star Renovations LLC for an un-hosted short-term rental. **Presenter:** Nick Markovich presented this item to the Board. **Staff Recommendation:** Staff recommended approval of the conditional use permit as submitted. **Outcome:** The Board approved the conditional use permit request by Five Star Renovations LLC. *Note: The available data for this agenda item is limited. Additional details regarding specific conditions of approval, property location, public comment, or Board deliberation are not reflected in the provided source materials.* ## Conditional Use Permit Request by Jesse Thomas [timestamp: 1:36:53] The Board considered agenda item PLN-BOA-25-00144, a request by Jesse Thomas for a conditional use permit for an un-hosted short-term rental. - **Applicant:** Jesse Thomas - **Request:** Conditional use permit for an un-hosted short-term rental - **Staff Recommendation:** Approval Staff presented the item and recommended that the Board approve the conditional use permit. The extracted record does not detail specific concerns raised during deliberations or additional debate on the matter. The Board ultimately **approved** the conditional use permit request. ## Conditional Use Permit Request by The DeRossett Group LLC [timestamp: 1:47:03] The Board took up agenda item PLN-BOA-25-00151, a request by The DeRossett Group LLC for a conditional use permit to operate an un-hosted short-term rental. Staff presented a recommendation of approval for the permit. The applicant participated in the discussion as a key speaker during consideration of the item. The Board ultimately **approved** the conditional use permit request. --- ## Decisions - **PLN-BOA-25-00142** — failed (0-5): Melissa Robinson's request for a variance to reduce the required side street side yard setback for a corner lot from 30 feet to 9 feet 5 inches - **PLN-BOA-25-00148** — passed (5-0): Theta of Kappa Alpha Housing Corporation's request for a variance to reduce the required perimeter landscape buffer requirement from 15 feet to 0 feet - **PLN-BOA-25-00153** — passed (5-0): James Monroe's request for a variance to reduce the required side yard setback from 5 feet to 3 feet - **PLN-BOA-25-00107** — passed (5-0): Thida Yi Yi's request for a conditional use permit for an un-hosted short term rental - **PLN-BOA-25-00150** — passed (5-0): Cool Places II LLC's request for a conditional use permit for an un-hosted short term rental - **PLN-BOA-25-00152** — passed (5-0): Lexington Garden Properties LLC's request for a conditional use permit for an un-hosted short term rental - **PLN-BOA-25-00139** — passed (5-0): Five Star Renovations LLC's request for a conditional use permit for an un-hosted short term rental - **PLN-BOA-25-00144** — passed (5-0): Jesse Thomas's request for a conditional use permit for an un-hosted short term rental - **PLN-BOA-25-00151** — passed (5-0): The DeRossett Group LLC's request for a conditional use permit for an un-hosted short term rental --- ## Full transcript Splashin' children cry California posers with their worn-out lines Tied new money, dressed to the nines The lowlife dealers with their bad designs And the dilettantes with their open minds They're out on the town, seeking the crowns Ready to go for the ride Searching the eyes Looking for clues there's nowhere you can hide You're a fire inside Where you've been to the clubs and the discotheques Where they deal one another from the bottom of a deck of promises Where the cautious loners and emotional wrecks Do an acting stretch as a way to hide the ideas And the lights go down and they dance real close For one brief instant they pretend they're safe and warm And the beat gets louder and the mood is dull The darkness scatters as the lights flash on They owe one another just a little too long And they move apart and then move on On to the street, on to the next Saving the knowledge that they tried Making a smile, hiding the pain Never satisfied You're a fire inside Fire inside Guitar solo Guitar solo Guitar solo Now the hour is late and he thinks you're asleep You put on a warm dress and you listen to him leave Like he really was You hear his car pull away in the street Then you move to the door and you lock it When he's gone for good Then you walk to the window and stare at the moon Riding high and lonesome through a starlit sky Guitar solo Piano solo Guitar solo Hi, I'm Liz Sheehan, and I'm the council member for the 5th District here in Lexington. And we're going to talk to you today about the Her Story project that's going on in 2026 for Lexington. And I have Liza Holland here from the League of Women Voters of Lexington And Mandy Higgins, the executive director of the Lexington History Museum. So thank you both for being here with me today to talk over this new and exciting project. Thank you so much for having us. Yeah. Liza, can you tell me a little bit about the project? Just kind of a general overview. Absolutely. Stand With Her Story is an initiative based upon the fact that women historically have been very underrepresented in history. And so we thought doing something that might overrepresent us a little bit might be a really neat idea. So this is an all-call for stories about how women are making our society work. It could be everything from a six-year-old saying my mom is the best to someone who has an employee that just always lifts the morale all the way up to Isabel Yates is an icon and everything in between. So it's a quantity versus quality type of an initiative. And all of the people who are submitted, their stories will live in a display here at the Lexington History Museum. So you can come and visit and type in the name and be able to see the impact that those women have made. Thank you. And so this started with the League of Women Voters of Lexington, but you are now partnering with the History Museum, and we're in the Lexington History Museum right now. Mandy, tell us a little bit about this partnership, how it has evolved, and what the History Museum's role is going to be. Yeah. So Liza kind of cold-called me, which was great. Instead, I have this idea, and I think the museum would be a great partner. And so we met at Martine's. You know, if someone wants to nominate Martine's, that might be a great one. And had a conversation about the importance of what the work that we can do in uplifting women's stories. So the Lexington History Museum tells everybody in Lexington stories, and we were immediately really intrigued with this idea of being a place where you could come to learn a little bit more about everyday Lexingtonians, as well as our most well-known folks. So we started talking about how we could do that, how we could honor women. It came to the conclusion that a permanent kiosk of nominated and self-nominated stories would allow us to do that. And then what's so exciting for us and for history lovers is that we're going to get stories we never had before to understand Lexington. So we're really excited to see who people nominate and what kind of stories we can tell that tell us a lot about the larger Fayette County over the course of its 250 years, and how we're thinking about ourselves today. Yeah, and we're standing next to some great women of Lexington's history. We've got Isabel Yates here and Pam Miller here, among some other women that are highlighted. But this is a broader call, right? So we oftentimes think about, like, award winners, or you have to do something grand, you know, to be nominated for an award. But this is broader than that. So it's not an award, but it's like a recognition of, like you said, all the everyday people. So tell me a little bit more about the stories you'd like to share or some examples of who to nominate. You mentioned a couple before. Yeah, I mean, so for me, history is made by all of us, right? So any one of us are impacting the people around us every day. Those are the stories we want. The person who made sure that kids went to school with shoes every day, but we didn't know their name. Or the Fortune 500 banker who made sure that a small business got a loan, which led to the next thing, and we didn't know the banker's name, right? We only know about that business that took off. We want those stories because that tells us so much about who we are and who this community is and who it could be if we all knew all of these sorts of things. And we also want for individuals to realize their own power in this, right, that you every day are interacting with people that you are making a difference when you're doing that, and you may not know it. So this is a chance for me to nominate a friend or a colleague who I see doing really incredible work, and for that to be recorded in history, and it doesn't just stop with me knowing they did it. Everybody has a chance to know they did it. Yeah, and I think the stories can not only recognize someone whose work might have not gotten recognized in the past, but also can inspire others to do something that they might see as like a simple task but really has an impact on someone else's life and the growth of Lexington overall. So tell me a little bit about how to nominate someone. We try to make it as easy as possible. We do have flyers that we're kind of placing around town with little QR codes, but you can go to the League's website, which is lwvlexington.com, and slash her story will get you right there. And so it's a short chat form that it'll ask for your name, the name of your nominee, a little bit, about 250 words, up to 250 words, doesn't have to be that long, about the person. We're also asking when this impact happened, because maybe it was a grandmother that, you know, from several generations ago that made some sort of an impact. And then you can upload pictures or a little video or whatever you'd like to, to be able to contribute to your story. Then we're excited that in March, we're going to do a reading of all the names that have been submitted down at the stand. So everybody will be able to have their name publicly brought forward. And then we're real excited about the opportunity to maybe get more people into the museum, so that they could come in, type in Lee Sheehan, and see the wonderful impact that you've made. Well, maybe. So tell us where the stand is, too, because not everyone might be familiar with that, because that is also an achievement for our community. It really is. Very few monuments are made for women. And Breaking the Bronze Ceiling was an organization really designed to make that happen here in Lexington. And so there is this gorgeous, like super tall statue of suffragettes that is on the backside of the blue building. So I believe that's on High Street. Yeah, so you can see that monument downtown, but that's where the reading of the names for all of those in this project will be. So the call to action here is for you to think of one, two, three, five, ten women whose stories that you want to recognize, and then go to the League of Women Voters of Lexington's website and submit those stories, so they can be preserved and everyone can know about all of the great things going on in Lexington. Thank you, everyone. Thank you. Thank you. When I die, well, you give me all your lovin' and your dirtin' lovin' All your hugs and kisses and your money too Well, you know you love me, baby Still you tell me maybe that someday, well, I'll be through Well, that'll be the day when you say goodbye Yes, that'll be the day when you make me cry You say you're gonna leave You know it's a lie, cause that'll be the day when I die That's gonna be the day when you say goodbye That'll be the day when you make me cryy Well, that'll be the day when you say goodbye Yes, that'll be the day when you make me cry You say you're gonna leave, you know it's a lie Cause that'll be the day when I die Well, when Cupid shot his dart, he shot it at your heart So if we're ever parted, then I'll leave you You said you'd hold me and you'd tell me boldly That someday, well, I'll be through Well, that'll be the day when you say goodbye Yes, that'll be the day when you make me cry You say you're gonna leave, you know it's a lie Cause that'll be the day when I die Well, that'll be the day, that'll be the day That'll be the day, that'll be the day Let's take a walk together near the ocean shore Hand in hand, you and I Let's cherish every moment we have been given When time is passing by I often pray before I lay down by your side If you receive your calling before I awake Could I make it through the night? Cherish the love we have We should cherish the life we live Cherish the love, cherish the life Cherish the love Cherish the love we have For as long as we all shall live Cherish the life, cherish the life Cherish the love . . . Cherish the love we have We should cherish the life we live Cherish the love, cherish the life Cherish the love Cherish the love we have For as long as we all shall live Cherish the love, cherish the life Cherish the love The world is always changing Nothing stays the same But love will stand the test of time The next life that we live in Remains to be seen Will you be by my side? I often pray before I lay down by your side And if you receive your calling before I awake Could I make it through the night? Cherish the love we have We should cherish the life we live Cherish the love, cherish the life Cherish the love Cherish the love we have For as long as we all shall live Cherish the love, cherish the life Cherish the love Cherish the love we have We should cherish the life we live Cherish the love, cherish the life Cherish the love Cherish the love we have For as long as we all shall live Cherish the love, cherish the life Cherish the love Cherish the love Cherish every moment we have together Cherish the life Cherish the life Rockabye Baby Rockabye Baby Well I was raised on country classics Like Roy Eccard, Mantors, Jones Lord I loved to hear them Old time country songs But I really got excited By the time I turned 15 That's the first time I heard Waylon And old Bo Seaver sing They put some drive in their country That really turned me on Yeah put some drive in your country Keep country driving on When the music gets you moving You know that can't be wrong Every time I hear that outlaw stuff On my car radio It makes me wanna drive it Just as fast as it'll go Put some drive in your country Just keep country driving on We played some shows in Atlanta On Sunday afternoons The gigs were packed and I was nervous I wanted folks to like my tunes The crowds were full of younger people They were all about my age So I turned and told the band Just before we walked on stage Put some drive in your country fellas We turned those people on Oh yes we did Put some drive in your country Keep country driving on When the music gets you dancing You know that can't be wrong See I made myself a promise When I was just a kid I'd make southern rock and country That's just what I did Put some drive in the country Keep country driving on Yeah Oh Yeah Oh yeah Put some drive in your country Fellas keep country driving on When the music gets you moving You know that can't be wrong I still love old country I ain't trying to put it down Damn I miss Dwayne Allman I wish he was still around Put some drive in the country Keep country driving on Put some drive in the country Fellas keep country driving on Yeah Oh yeah Alright Little China Girl I could escape this feeling With my China girl I feel the wreck Without my little China girl I hear her heart beating Loud as thunder Soul it starts crushing I'm a mess I'm a mess Without my little China girl Wake up in the morning With my little China girl I hear her heart beating Loud as thunder Soul it starts crushing down I feel tragic Like I'm Marlon Brando When I look at my China girl I could pretend That nothing really matters too much When I look at my China girl Oh yeah I stumble into town Just like a sacred cow Visions of swastikas in my head It's for everyone It's in the way of my eyes My little China girl You shouldn't mess with me I'll ruin everything you are You know I'll give you television I'll give you eyes of blue I'll give you a man Who wants to rule the world And when I get excited My little China girl says Oh baby just you shut your mouth She says She says She says She says She says She says Oh oh oh oh Little China girl Oh oh oh oh Little China girl Little China girl 詞曲 李宗盛 演唱 李宗盛 演唱 李宗盛 演唱 李宗盛 演唱 李宗盛 演唱 李宗盛 演唱 李宗盛 演唱 李宗盛 演唱 李宗盛 演唱 李宗盛 I Call this meeting to order please Thank you all for being here today This is the Lexington Fayette County zoning Board of Adjustment meeting for February 2026 Time is 130 Please silence all your cell phones If you need to take a call for an emergency just step out in the hallway, please Speakers need to sign in If you haven't done that, please step out in the hall and sign in If you're going to speak in favor of or in opposition to an application today Like to recognize our planning staff they do all the hard work here prior to the meeting get everything together Sitting to your left Tracy Wade Daniel crumb Dalton Belcher Raelle Browning and Patricia Haley Also like to recognize our legal counsel Brittany Smith We have a couple people absent today, but the people that are here today on your left Chad Walker, I'm Bob Sturtevant. I'll be chairing the meeting today to my right Harry Clark Ross bogus and last but not least Brandon gross If there's any active or retired military in the room today, would you please stand up? Thank you for your service appreciate it Like to move on to our agenda now if you picked up a copy of that out in the hallway First Item is the approval of the minutes of July 2025 Have all board members read that familiar with it Motion to approve I have a motion to approve. I have a second I'm a second for mr. Clark. Please cast your vote You Harry you on You Thank you, we have approval unanimously We're Going to swear in our speakers now if you plan to speak Would you please stand up Raise your right hand you swear to tell truth the whole truth and nothing but the truth. Thank you. Please be seated Do we have anyone requesting a withdrawal or postponement of their application today Seeing none Let's move on to sounding the agenda if you all Picked up your Board of Adjustment meeting order paper tells you a little bit about sounding the agenda We do this to expedite the meeting and take the easier cases first This is how the process works we take each one of the cases and we put it in a in The order where we think it is best to expedite the meeting Our docket has two sections section a is the variances and the conditional use permits and section B is the short-term rentals Each section has two parts the expedited cases and the cases that are heard The Criteria for the expedited cases is the planning department has recommended approval and we have no opposition The planning criteria for the herd portion of the agenda is the planning department recommends disapproval or we have opposition So we read each case and put them in the correct order And we will start going through the cases and putting them on our list If You pick up your agendas on page 1 Our first case is PLN BOA 25 142 Melissa Robinson is the applicant here. Thank you Staff has recommended disapproval of this so we will put it under Conditional uses and variances number one on the herd docket That'll be PLN BOA 25 dash 142 At the bottom of page 1 of your agenda PLN BOA 25 dash 148 Theta of Kappa Alpha housing corporation is applicant here Thank you This one is recommended for approval do we have any opposition here for this case Seeing none, we're going to put this one on Conditional uses and variances number one on the expedited docket Will be PLN BOA 25 dash 148 Moving to page 2 on your agenda Case number three variants PLN BOA 25 dash 153 James Monroe. Are you here? Thank you Staff has recommended approval for this. Is there anyone here in opposition? Seeing none, we will put this Number two on the expedited docket PLN BOA 25 dash 153 Moving to page 3 of your agenda. We're now Conditional uses and these are the short-term rentals First case is PLN BOA 25 107 Theta EE applicant. Thank you This has been recommended for approval we have any opposition to this For the record we have six opposition letters for that, but if no one is here We're going to put this on the Short-term rental expedited docket number one PLN BOA 25 dash 107 Moving down on page 3 item 2 PLN BOA 25 dash 139 5-star renovations LLC is the applicant here. Thank you Staff recommends approval of this application. Is there anyone here speaking opposition? Have one That will be later we just want to put it on the docket. Thank you. Did the applicant swear in earlier? Yes Okay PLN BOA 25 dash 139 We'll go number one on the STR herd docket Moving to page 4 of your agenda PLN BOA 25 dash 144 Jesse Thomas is the applicant here Thank you Staff recommends approval of this application Is anyone here to speak in opposition Thank you This will be PLN BOA 25 dash 144 And it will be number two on the herd docket for short-term rentals Moving down page 4 PLN BOA 25 dash 150 cool places to LLC Thank you Staff has recommended approval of this application. Is there anyone here to speak in opposition? For the record we have two opposition letters here We are going to put this one number two on the expedited docket for short-term rentals PLN BOA 25 Dash 150 Moving to page 5 on your agenda PLN BOA 25 dash 151 The de Rosset group LLC is the applicant here Thank you Staff has recommended approval of this. We have a couple of letters of opposition. Is there anyone here to speak in? Opposition. Thank you PLN BOA 25 Dash 151 will be third on the herd docket The bottom of page 5 we have PLN BOA 25 dash 152 Lexington Garden Properties LLC is applicant here. Thank you This has been recommended for approval is anyone here to speak in opposition to this application I Seeing none for the record we have two letters of opposition on this no one here to speak We will put this one on number three On the expedited docket for short-term rentals PLN BOA 25 25 dash 152 Thank you, we call our first case PLN BOA 25 142 Melissa Robinson Staff will present first for This is a herd case approval Are you gonna call this the expedited docket first? Are you gonna call the expedited docket first? Yes Okay, so she's on the herd docket Melissa Robinson you want to speak first? Chair she has opposition. She's not on the expedited. She's a disapproval. So she's on the herd docket You've got to yeah, I got you. Okay. Yes. Sorry Got ahead of myself on that Our first case will be 25 Nick has the fraternity 148 Yes, first case expedited which will be Kappa alpha housing corporation. Yes, sir. Nick Nicholson here on behalf of the applicant We've had a time to review the staff report and are in complete agreement with the conditions recommended by staff So everyone's good with the conditions we are indeed any board members have questions discussion That being said could I have a motion please mr. Chair, I recommend approval of PLN BOA 25 148 theta of kappa alpha housing corporation request for a variance to reduce the required perimeter landscape buffer requirement from 15 to 0 feet within the defined infill and redevelopment area in a medium distance density residential zone on property located at 235 Stone Avenue based on the staff's recommendation and Subject Subject to the two conditions as listed. Do I have a second second? Please cast your vote Thank you, thank you Item number two Conditioner uses and variances expedited docket Okay Item number two PLN BOA 25-153 James Monroe Thank you, sir, this has been recommended for approval Have you read the conditions I have and we agree to those you familiar with them and you're good with them. Yes Board members any questions for the applicant? Could I have a motion, please? Mr. Chair recommend approval of PLN BOA 25 153 James Monroe's request for a variance to reduce the required side yard setback from 5 feet to 3 feet Within the infill and redevelopment area and a medium density residential zone on property located at 5 to 9 Patterson Street based on the staff's recommendation and the two conditions as listed Do I hear a second I have a motion in a second Please cast your vote Thank you, you've been approved, thank you Our next case is PLN BOA 25-142 Melissa Robinson this has been recommended for disapproval would staff like to present first What ma'am you can stay seated and then the staff will present and then you'll have your opportunity you're welcome Dalton Belcher on behalf of planning staff So this is a request for a variance to reduce the required side street side yard setback for a corner lot from 30 feet To 9 feet 5 inches and a single-family residential r1d zone on property located 1163 Oakwood Drive Council District 1 You can see maybe a little difficult to see with the lighting, but I'm gonna It's this orange circled property right here on Oakwood Drive Is the and then this is a little bit better view zoom again, so it's sort of a weird little bulb out here, but this is the This is the property Here's a street view of the property as well this from Oakwood Drive, and here's another view the the accessory structure That's in question here. It's not shown in this picture, but it's approximately where my mouse is hovering right now And roundabout in that location So this site plan provided by the applicant shows so you can see the the shed was already built But it so you can see where it is right here on the property This was the driveway that I was showing, but here's the shed It's about it's 9 feet 5 inches away from the property line here because this is a corner lot They have to meet the front yard setbacks. That's why it's a 30-foot setback for both Here on this property line as well as on this property line for these frontages and Then here's just a zoomed in version of that give you a little bit clearer view of the shed and some of the measurements So staff recommends disapproval for the following reasons first 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 variances Similar similar lots in the general vicinity have a typically shaped lots and do not have accessory structures in the front or side street side yard Second the applicant has not provided sufficient justification to Demonstrate that the prohibition on locating the shed in the front yard is depriving the applicant of the reasonable use of the land The applicant currently has an accessory structure in the rear yard and could use their rear yard to place a storage shed or similar accessory structure to accommodate their storage needs third the granting of the variance could allow an unreasonable circumvention of the requirements of zoning ordinance as the applicant placed the shed without the necessary permits or approvals and Finally the granting of this variance would alter the character of the general vicinity as no other property on Oakwood Drive Features a shed in their front yard and the prohibition on constructing accessory structures within the required front and side street side yards is the consistent across all residential zones That's all I have for stats presentation. If you have any questions for me Okay Brandon you have a question All right, sir Applicant Have you been sworn in? Yes, sir. Okay You can adjust that microphone so it's comfortable. Thank you My printer decided to take it for it, so I only have a couple. But there is a skewed out scale map that shows the entire neighborhood. And then one that was similar to his that kind of shows the surrounding properties that he listed and the reason for decline. I'm going to go ahead and show you the map. Dalton, are you going to project those? I guess I could do that, but maybe. Back to the printer. Chair. So what I did is I gave staff the ones that had duplicates that were images that they could show, and then they also kept duplicates so we could pass them around, along with the three neighbors that signed a letter in support. Thank you. Could you tell us a little bit more about the shed? The shed is an accessory building that we put because our daughter, her boyfriend, and our grandson recently moved back home and with us. And the reason that we didn't originally put it back into the backyard is on both sides of our home, we have neighboring fences that would have to be removed in order to place it into the backyard. And the storage shed came fully assembled. And the accessory that they're speaking of in our backyard was a gazebo that we had built on site. If you look at our backyard, it's much smaller than the other properties that they have mentioned. And reasoning of putting it back there, it would take up most all of our reasonable space that we currently have. And I looked up the ordinances and the permits, and I didn't see anywhere that it wasn't allowed to be into a side yard. So I knew that it had to be under 200 square feet, and that's why we didn't file for any permits. That was the first thing that I found was it had to be under 200 square feet. So we got it at 192, and we put it in the most feasible place that we could find that we thought would be cohesive with the neighborhood. We tried to match it to our home so that it wouldn't be kind of something that stood out or eyesore in the neighborhood. So it's permanently affixed onto the ground, or is it- It was, so we had it planed, and then it's on concrete blocks, but it's also underneath. I don't really know. There was a professional company that came in and put it, but it was leveled out and put down. And then we went around and we put something to make it look like it's permanent to kind of hide the underneath structuring part. Are the neighbor's fences that you mentioned that need to be moved, are they technically on your property? I don't know. So when the neighbors bought the house behind us, there was an offense. And when they moved in, the first thing they did was put up a fence, and that was prior to us purchasing the shed. So it kind of limited our space. Additionally, the back part of our house is an addition that was put on before we moved there. And that took up a lot of the usable space of the backyard. So I think the area that you can move anything back is like eight foot, nine foot, that hits up against their fence. And I think the dimensions of the shed are 12 by, so unless we take out their fence or request them to remove them and be able to drive something onto their property. It wasn't feasible for us to get it back there. Does the shed sit on a concrete pad or anything? Is it like a permanent structure? It's not permanent, so it could be moved had it needed to be. I just don't know where else we would be able to put it, but we are open. But yes, it's on concrete, so it could be moved if it needed to be. But if we needed to put concrete down or something like that, we would. What was the pad used for before you put the structure on there? It was just our open area. It was just yard prior to us putting the shed. Thank you. Any other questions. Anything else from staff? Nothing else from us necessarily. You might want to see if there's anyone here to speak on behalf of the case, one way or another. I just asked that, but nothing else from staff at this point. Was there anyone here in opposition? No, no. Wait, there we go. Let me check my notes. Is there anyone else here in opposition to this application? All right, sir, if you want to come up to the, do you want to speak today? Okay, perfect. Please state your name and address, sir. Yes, sir. My name is Leon Slatter. I live at 1190 Oakwood Drive. I'm the president of the Oakwood Neighborhood Association. I know Mrs. Robinson. It bothers me to have to be in opposition of it. The bottom line is this, even though Oakwood does not have a historical overlay, Oakwood is a very historical neighborhood. It is the second neighborhood that was built for African Americans to live in. Now, we have everybody live there now, no problem. But it's historical from that perspective, because African Americans could not go to other neighborhoods to live. And the bottom line is we appreciate the character and the makeup of the neighborhood. We're endeavoring as an association to encourage people to take care of their property. And this is in complete opposition of the character of the neighborhood. And because of that, we stand in opposition of it. There are several corner lots in Oakwood, which is Oakwood, off of Oakwood, having Oakwood Drive and Briarwood Drive. And if you approve this, even though there are no buildings of any kinds in those lots, if you approve this, it's gonna open up the possibility. Maybe not for the people that live there now, but people that move into the neighborhood to take advantage of this. And that is gonna completely destroy the character and makeup of the neighborhood. Again, it bothers me to have to do that, but as the president of the Neighborhood Association, I've been chosen to come speak on behalf of the association. Thank you, sir. Thank you for your comments. Any rebuttal from the applicant? As far as a rebuttal, it wasn't. I guess my whole standard is that we're trying to maintain the beauty of the neighborhood, but also modernizing it and matching it to our home. What meanwhile, suiting it to our needs. It's not that we want to take away from the neighborhood. We're trying to find something that was nice and suitable and paid extra to make sure that it would kind of maintain and look nice in the neighborhood, so we're not trying to take away from. We're just trying to make a home usable for us as first time property owners. We didn't know of all the rules, so we were trying to do our best in making it nice. Any further questions for the applicant? I have a question for staff on classifying real property and improvements that are in footers or attached to structures versus personal property that is on the ground. I know there's a differentiation in real estate that they teach you through all the license law stuff, but does our planning say that sheds are classified as structures? Are they considered personal property? What goes from having a rubbermaid shed to having a tough shed? To my knowledge, we don't have a distinction. I mean, it's a structure. I think we somewhat looked at building inspection and what they would determine to be a structure. But if it's a structure, then we apply the setback rules. And I think we would consider a shed to be a structure. The structure's defined in the zoning ordinance. And a shed would fall within the definition of structure. And this would be an accessory, since it's not the primary building. Any other questions for the applicant? Thank you. Thank you. May I have a motion, please? Well, I'm going to move to disapprove PLM BOA 25-142, Melissa Robinson's request for a variance to reduce the required side street yard setback for a corner lot from 30 feet to 9 feet 5 inches in a single family R1D zone, a property at 1163 Oakwood Drive, based upon the staff's report, the testimony that was given, and the testimony that was given, the testimony that was given here today, so moved. We have a motion and a second by Mr. Clark. Please cast your vote. Thank you. Moving to our short-term rental docket. We have three expedited cases. The first case is PLM BOA 25-107, Theta Yee Yee. Chair, this was continued from our October meeting. So staff can get up and give us a little bit of an update before we speak to the applicant, if that's okay with you? Okay. Okay, so we already had this presentation in October, but it was continued because there was a couple questions the board wanted answered. Just wanted to give us a summary of those and remind us. I'm happy to go back through the presentation if you'd like, or I can just do these, kind of remind us of what the questions were at the time. The questions that I believe Mr. Walker and some of the other board members had was that they wanted the applicant to provide more information about an emergency contact, and then to provide more detail on a noise barrier, and then clarifying who the emergency contact would be. So that's what I had in my notes. I don't know of any other information we were looking for at the time, but happy to answer any questions or anything else you need. Was there a question about the management of the property? Yes, it was a question about the emergency contact slash who's going to be running the property, what would be the contact if there was an issue, so kind of a general emergency contact who's running the property question. And you feel you've been supplied that information, you're satisfied? To this point, we have not been provided that information, though the applicant may have that, may be able to answer that for you all. But after requesting, we have not received that information at this point. And then, I can't recall, was anyone here in opposition? I know you have letters of opposition, and then you're speaking about- Is anyone here today, I mean? Okay. I don't think there's anyone here today. Yeah, I think this was Linda and Chad's concern, so I'm going to turn it over to them, because I was comfortable with the application in October. Yeah, I think that was, yeah, both Linda and I were questioning. I thought there was a couple people that showed up in opposition, I may be wrong. But I know normally short term rental applications don't necessarily provide that, but that's one of the criteria before you get approved, or before you get your license. So maybe the applicant can speak to that, but I think that was a bit of a stumbling block at the time. Just to be clear, Mr. Walker, you were saying was there someone here in October? The question I asked was if there was someone here today. Right, right. In October, let me go back through my notes. I don't see that we had anybody here. We had the four letters of opposition. I don't know that we had anybody here in person at that time. Maybe that's what it was. Thank you. Any other questions? All right. Thank you. Will the applicant please come forward? Hi, my name's Tida Yee. And the last time that I have the case, sometime around October. Could you speak up just a little bit? Adjust your microphone. Yes, so I have my case was on sometime October 2025. And I think I have the letter of both left and right side of my neighbor. They'll be okay for me to host the house. And I also have their sign, if you guys would want me to. And another request of emergency contact. I have a person that will host and take care of everything while the house will be on hosting. The thing is I was waiting for the case to approve in order for me to find a host will run through my house. But if any further that you guys want me to have their number, exactly their number and their name, I could find it. because right now I'm contacting with them right now. So. Yeah, that contact will be necessary for the licensing part. But thank you for the assurance that you have somebody. No problem, no problem. Thank you guys. Did I answer your question, Chad? I think so. Any other questions for the applicant? Since they're picking on me, so you see they're picking on me today, right? All right. Mr. Chair, I move to approve PLMB 0825-107-30EE. Request a conditional use permit for a unhosted short term rental. Single family residential zone on property located at 2111 Stonewood Lane. Based on staff's recommendations and subject to the four conditions. Do I hear a second? A second. I have a motion and a second. Please cast your vote. You've been approved. Thank you. Thank you so much. Ma'am, before you leave, there were just two letters. Yes, that's it. From, yeah, from my left. Okay, I just want to make sure so I get it to staff for the record. We didn't lose one. Okay, thanks. Thank you. Thank you. Our next case on the expedited docket for short term rentals is PLNBO 825-150. Cool Places 2, LLC. Yes, I'm Tyler Back, I'm the applicant. And yeah, we're good with all the conditions and everything. This has been recommended by the staff for approval. And we have two letters of opposition. No one here today speak in opposition to this application. Have you read the conditions for approval? Yep. And you're in agreement with those? Yes, in agreement. Board members, any questions for applicant? So the two letters, one is in support. It's not both in opposition. Thank you. Could I hear a motion? Mr. Chair, I recommend approval PLNBO 825-150. Cool Places 2 requests for conditional use permit for an unhosted short term rental in a single family residential zone on property located at 366 Hummingbird Lane. Based on the staff's recommendation and the four conditions as listed. Can I hear a second? I'll second. I have a motion and a second. Please cast your vote. You've been approved. Thank you. Thanks. Somebody didn't vote. He's gone. Mr. Grossman has recused himself on this one for the record. Okay. Okay. The last application on our expedited STR docket is PLNBO 825-152. Lexington Garden Properties LLC. This has been recommended for approval. Hello. Is there anyone here in opposition to that, this application? No. If anyone came in late, staff recommends approval of this. Are you familiar with the following conditions that have been requested? Yes, sir. And you're in agreement with those? Yes, I am. Board members, any questions, comments? Have you been operating this before today? I was, and then I got a letter that said I wasn't supposed to, and so then I ceased. Any other questions? Can I have a motion, please? Mr. Chair, I move to approve PLNBO 825-152, Lexington Garden Property LLC's request for a conditional use permit for an unhosted short-term rental in a single family residential zone on property located at 3077 Shady No Rest, based on staff recommendations and subject to the four conditions. Can I have a second? Second. I have a motion and a second. Please cast your vote. You've been approved, thank you. Thank you. Moving on to our HERD docket for our STR applications. First case is PLNBO 825-139, Five Star Renovations, LLC. Have you been sworn in? I don't have to do it right now. Please raise your right hand. You promise to tell the truth, the whole truth, and nothing but the truth? Yes. Thank you. Please state your name. My name is Nick Markovich. I'm the owner of Five Star Renovations, and I read the conditions, so I'm good with it all. This has been recommended for approval. Opposition to this application? Thank you. If you'd tell us a little bit about this, and then we'll get some comments from our opposition. Yeah, absolutely. So we bought it and renovated the building and then rented it out for a little while, and then looking to make it into a short-term rental. I don't know what to tell about it. That's pretty much it. Any questions for the applicant? Yeah, I'd like to just say that I have a problem with the fact that you're asking for approval of, what, ten people and one bathroom? Sorry, no, it's got two full bathrooms. It's got two bathrooms in it. It does, it has two bathrooms. So it's four bedroom and two bathroom home. Our information says one bathroom, so that's why I'm questioning it. So no, it's a four bedroom, two bathroom home. Yeah, I don't know what the application says, one. Staff, do we have any information? Yeah, we typically get that information from the PVA. So if the house has been remodeled to add a bathroom, it maybe is not reflected in the PVA information, so. Okay, because the previous people that I bought it for, it was an off-market deal, and they had four bedrooms, two bathrooms in it, before I bought it. So then we just refurbished it. I didn't know the PVA only said one bathroom. I mean, if the owner says there's two bathrooms, I would believe him. As opposed to the PVA information could be outdated. I guess that was my question. All right, thanks, Harry. Any other questions for the applicant? We'll entertain the opposition. You can adjust that microphone and state your name and address, please. Or grow a little, right? All right, good afternoon, board chair and members. I'm Patty Drouse, and I live at 608 Allen Court in Joyland. I'm on the north side of town. I'm here to talk about the property at 2333 Shannon Drive in Joyland. Your packet of information has a Google map of this property and the nearest short term rental at 2308 Cabot Drive. As I am not technologically inclined, you've got it on paper. The distance between them is 0.1 miles or 528 feet, which is less than the 600 foot distance required for short term rentals. Affordable and lower middle class housing is an important issue in Lexington. On January 29th, 2026, the mayor highlighted 231 affordable housing units under construction to make a total of 3826 housing units so far in her state of the city county address. On October 9th, 2025, the council updated the industrial revenue bond policy to include using these bonds for workforce housing developments within the urban service boundary. On January 27th, 2025, the mayor was at a grand opening of Davis Park Station, which adds 72 affordable housing units to Lexington. This is just a sampling of things that are going on. October 9th, 2024, the mayor was at the grand opening of Gleaning's Housing Triplex, which adds three affordable housing units. Two studies were completed and reported on in 2024. The first is the report from the Kentucky Housing Corporation, which said Fayette County needs 30,823 housing units by 2029. The largest gap within the state is for low income housing. It also said 40% of state non-resident commuters said they would move to the same county they work in if housing was available and affordable. Second study is the urban county council commissioned an affordable housing needs analysis for $188,000 in 2023. This analysis was reported to council in 2024. It stated that Lexington needs 22,549 more housing units for current demand. Of this, 17,005 housing units were needed for households with incomes at 80% or lower of the area median income. It also states the most affordable areas of Lexington for non-subsidized housing are concentrated in the north side of Lexington. Meaning that Lexington residents have few geographic options for where to live if they have limited budgets. All of this energy and resources are being focused on affordable and working class housing. It just doesn't seem responsible to make exceptions to remove affordable workforce housing from the supply, while the rest of the city government does the heavy lifting to create more affordable housing. In closing, before you approve this conditional use permit, please think about the broader picture in Lexington and how it applies to this property. And thank you for this opportunity to speak. Thank you for your input. Would the applicant like to, any rebuttal? You can adjust that mic. That sounds good. I mean, I guess I could sell the property, honestly. I have a lot of horse people from Paris that typically need a place to stay. So I mean, that's who a lot of the people from my other property on the other side of town usually rent from. So I think I'm providing housing when it comes to three, six month stays for the horse people and so on. So that's one of the main reasons I wanted to make this into a short term rental. That's all I have to say. Any other questions for the applicant? Thank you. Could I have a motion, please? I'll make a motion, but I did want to address the comments, just because I think it's pertinent. We're not the board that decides necessarily on affordable housing, we hear you. And I think that gets crisscrossed sometimes where when people come in to present to us that we're the, yeah, we are the board of adjustments. However, we also have criteria that we must follow. And the very people that you're talking about that are in the news articles and things like that are also the folks that give us our direction on what we, direction we need to head, I guess I should say. So, if you'd like to chat with me afterwards, that's fine. But you've said your piece, and I'm saying mine. Can I just respond though, this property- If you'd like to, if you want to comment, come on up. Sorry, Mr. Chair, if you'd like, this is, yeah. You're doing a good job. This property is 528 feet from the other short term rental on Cabot Drive. And all I am saying is, when you decide whether to grant an exception, because it's under 600 feet. So, think about this other factor. I know it doesn't, it's not in your rules or anything, but it is a component of the decision-making process. Does staff have a comment about that distance she mentioned? So, the 600 feet, we do typically say one within 600 feet. Then that can rule them out, but there are relief provisions built in. And staff determined that based off the way the buffer sets on the line within the 600 feet, that this met the relief provision. Ultimately, it's up to you all, but we did see that it met the relief provision by being within, the property was bisected by that 600 foot line. Thank you. I started rolling the snowball, so I'll keep on. Based on that, then I'd still move to approve PLMBOA 25-1395, star renovation LSC's request for a conditional use permit on an unhosted short term rental, single family residential zone on property located at 2333, was that Shandon Drive? Shandon Drive. Based on staff's recommendations and subject to the four conditions. I have a motion by Mr. Walker and a second by Mr. Clark. Any further discussion? Please cast your vote. Thank you, you've been approved. Our next case on the STR, Herd Docket, PLNBOA 25-144, Jesse Thomas. Good afternoon, board, I'm present. Do you have any comments on your- I agree with all the rules and regulations that's provided. Is there opposition to this? Okay. If you'd like no more comments. Opposition, please step up. State your name and address. Hi, my name's Aaron Adkins. How are you all today? Good. Could you put this on the projector? Just with the highlighted item there, please. Yes, sorry. My name is Aaron Adkins. I am at 2749 Whiteberry Drive, Lexington, Kentucky, 40511. My wife and I live at 2749 Whiteberry. We bought this house at the end of last year, and we had just moved from around the corner at 2625 Whiteberry. Prior to that, I lived at 2627 Whiteberry. So I say all this to paint the picture that we are dedicated to the community. We have a seven year old that attends the local elementary school nearby. We are committed to knowing our neighbors. We want neighbors. We don't want strangers. We believe that having a house as a STR in the neighborhood completely defeats the purpose of community. It turns this neighborhood into a hotel district with new people coming in and out weekly. My wife and I didn't purchase this house to live next to a hotel. We feel that this house is zoned as an STR will disrupt the peace that we find in our home. Also, having this property as an STR is a violation of our HOA policy, which is highlighted upon the screen. The Spicewood HOA agreement lists that properties are to only be used as private single family residential purposes. The following is a direct quote taken from the first paragraph of the HOA agreement, which is on the screen. Primary restrictions, no lot in the subdivision shall be used except for the private single family residential purposes. Remember residential, it'll come up here in a minute. No structure shall be erected, placed, or altered and permanent to remain on any jot except the single family dwelling designed for the occupancy of one family, including any domestic servants living on the premises. Not to exceed two and a half stories height which shall be attached private garage. In the court case Hensley versus Gad in 2018, the Kentucky Supreme Court found that the use of real estate as short term rental through a platform such as Airbnb or VRBO is commercial, it's not residential. In nature, and barred that property's owner from short term rental business. With continued disagreements among the courts in the US, Kentucky Supreme Court has weighed in on the side of finding that short term rentals to be more like hotels than home ownership of residential leasing, so it does not qualify as residential. We have a seven year old son, and frankly, having a rotating door next to us of people we don't know, that we won't know, it affects the way that we want to let our son outside to play. And also I'll close with this, saying that Lexington has a housing crisis right now for affordable homes. Having this house as an STR just removes that house availability from the potential long term renter and long term neighbor. Thank you. Thank you for your comments. Brittany, do you have any comments about his? Regarding the deed restrictions, is that what you wanted me to address? So, deed restrictions with prohibitions against use of property as short term rentals are private matters. Now, the HOA may have the ability to enforce the deed restrictions against homeowners of property within that neighborhood, but this board does not have the ability to weigh in on that. So, just making sure that's clear. We're not a party to any deed restrictions. We can't enforce them. That would be up to the HOA. Any additional comments from the applicant? I'll try to address the concerns that I can remember. So, part of our neighborhood, we do have HOA. And I've read everything that he's shown. I can see his concerns. But I will say there's also other short term rentals in the neighborhood already within our HOA. There's probably short term rentals in every neighborhood in Lexington. And I've lived in that house for probably the last ten years minus the last two to three years, which has been a rental since then. So, I've operated it as a rental for the last, I would say, to be safe somewhere between two and three years, and I know exactly who he is. I actually get some of his mail sometimes because of our addresses being so close. So, I know he's been in the neighborhood a while, and I do understand the young kids. I've had young kids, and I know he's got a fence up around his yard. Part of this, if it does go into approval, I could put a fence up. I'll work with him on anything like that, but the majority of my rentals are at least three months long. So, basically from March through November, it's rented full with working class people, just like the last gentleman. They come in to work at the horse farms from the surrounding areas, and they stay for months at a time. The season that would probably affect them the most would be November through basically February, where if this short term rental is approved, that's when I'll use it. It won't be like one to two day rentals. It'll be capped at a week or more, five days at the very minimum, depending on what Airbnb's policies are. But basically, I see his frustration. He just moved there literally within the last few months, and so I'll do what I can to accommodate. But I mean, as far as the parties and stuff, Airbnb's has their rules. They try to mitigate that, and the owners also do the same. Is there another point that I missed? And this is not affordable housing, by the way. This house, if I were to list it today and try to sell it, it would be well over 300. So, it's not affecting that stock. Any further questions? We'll entertain a motion, please. Move to approve PLN-BOA-25-00144, Jesse Thompson's request for conditional use permit for an unhosted short term rental in a planned neighborhood residential R3 zone. At the property located 2757 Whiteberry Drive, based off of the staff's recommendation for approval and the testimony heard today. Do I hear a second? I'll second. We have a motion and a second. Any further questions or discussion? Please cast your votes. Thank you, you've been approved. Our last case today on our STR docket, is PLN-BOA-25-151, the DeRosset Group, LLC. Hey folks, how are you all doing today? This is a house my wife calls the Arbitross House. We purchased it in May of 25 off of a wholesaler. I'll get the exact dates here, in May of 25 for about 200,000. And I've been buying and selling houses in Lexington for 20 years. I've successfully done over 50 flips. And I have never had anybody hide defects like this particular seller did. It's a 1,300 square foot house over at Idle Hour. And I'm right now into it for over 100,000 in repairs. It's basically a brand new house. I can show you all the before and afters if you want to see them. Would you all like to see them? No, you don't want to see them? It's not. Well, the issue is that they have to be given to staff to be put in the record. But we'll note that you put a lot of money into it in your testimony. And my intention was to sell the house and flip it, like we always do. So we get them done pretty quick. I put it on the market on the, God, there's been so many price reductions, on the 7th. So on the 7-24-05, took about 60 days. That's about twice as long as it normally takes, cuz it had so many repairs. And then I got an offer on it, my God, on 10-09, three months later. But anybody that's been dealing with the real estate market knows we've had more backouts in the past year than ever in history. And the buyer backed out, and then we listed it again. We started out at 315, dropped it to 309, dropped it to 299, dropped it to 285, to 275, to 265. And that's kind of where we were at with it, and that's a $30,000 loss. So we've tried to sell it for six, seven months. Now it's gonna have to be rented because we can't take a $70,000 loss on the house. We looked at the guidelines for the Airbnb to possibly go that route, and this property meets every guideline. It's zoned R2 for two-family residential. There's not another one within 500 yards. It's just something that we're having to do, not because we wanted to do it. It's because we don't have any choice but to try to get some kind of revenue stream from this property. So it's either an Airbnb or a monthly rental. That's the only two options. And we're gonna try an Airbnb where, like this gentleman says, where it's a long-term, I don't want a nightly tenant. I want a monthly, or two-month, or three-month. I want a tenant that's gonna be there for a little while, if possible. And we're doing this out of necessity, not out of trying to put another Airbnb out there. We've tried everything else. And we've improved the neighborhood greatly. This was the Arky Dog. I don't know if you know what that is, but that's something that Chevy Chaser used to put out a long time ago of basically the worst-looking house in the neighborhood. And we've made it one of the best-looking houses in the neighborhood. So we have greatly improved the neighborhood. There's no, it's unquestionable. We took the house that was just a wreck and made it awesome. We way over-improved it. But it meets every qualification for a short-term rental. We've tried other things, and this is where we're at with it. That's it. Any other questions? As I mentioned in a previous case, I'm a little concerned that there's one bathroom for eight people. And I wonder if you'd be interested in reducing that number. Yeah, no, we go six people, that's fine. Yeah. That would help, that would, I don't know how the rest of the board feels about that. The number, I mean, I wouldn't want to have eight people in there anyway. We just had four bedrooms, and we were going two people a bedroom. I understand. We never even thought about the. Well, you're absolutely right. You're qualified for eight, but I would say that it would be hard for me to vote for it, knowing I only have one bathroom, but six would certainly help. Okay, yeah, that's no problem. And just to make sure, because your application said ten, and staff said eight, and now we're down to six. Six total. Yeah. Okay. All right. Any other questions? Thank you. Opposition speaker, please step up to the microphone. State your name and address, please. My name is Colin Allen. I live at 2120 St. Teresa Drive. It is adjacent across the street from the property in question. In light of what the gentleman has just said, is there any way to oversee how long the rentals could be? If it's not a nightly thing, if it's monthly, as you're saying it could be, I would have much less problem. All of my neighbors, except for the ones that are directly next door to the property, are retired. I'm a lifelong resident. It was my grandmother's house before. He has done a lot to the house, I'll say that. I'm not much for the white paint, but it's been fixed up. There's a lot of foundation issues within the, so I'm hearing this from him. I'm sure he's probably lost a lot. I had to pay a lot when I renovated mine. If there's any way to oversee how many people are in there, because it's one bathroom, just the same as just about all the houses on the block. As long as there's a decent driveway, if you lower it to six folks, say there's six vehicles, that does interfere with our little area. If it's only three, it's not a problem. I'm here for my board, from Idle Hour, I'm a member. It's just not something we'd prefer. We don't have any real direct complaints, other than we've all been there kind of forever. Having new people is never a problem, but monthly, it could be. That's it, thank you. Thank you, any questions for? I would just mention that monthly isn't even considered short term by definition. If the street has public parking, they can park on the street. And the city does have a hotline, so if you see that there's way too many vehicles or whatever, you can always, but short term rental is the one zone that does have that, or one use that does have its own hotline to report that stuff, but yeah. Any additional questions for the applicant? They're being done. May I have a motion, please? Madam, Mr. Chair, I recommend approval of PLN BOA 25151, the Rossi Group LLC request for a conditional use permit for an unhosted short term rental in a mixed low distance residential zone on property located at 2113 St. Teresa Drive, based on the staff's recommendation and the understanding that condition number two will be changed from eight individuals to six. So move. May I have a second, please? I'll second. I have a motion and a second. Any further discussion? Please cast your vote. You've been approved. One comment. Has your LLC been registered with the Secretary of State? Yes. I was able to find it after you mentioned that. You did. I'm looking at it right now. Thank you. You're good. That being all of our business. Planning staff, any items to discuss? No? Any discussion? Board members, anything else to discuss? I would mention, so I got to speak with, or after my training on Friday, got to talk with one of the analysts from the police department. And they have the capabilities of overlaying all of the license addresses with any call-ins from 911 or things that have led into a report. I'd just be curious, since we hear a lot of things saying it's going to introduce crime into neighborhoods to seek data over the next couple months, over if that's actually been an issue. Sorry, you cut out in the microphone. I can't really hear what you're saying. Sorry. The police have a way to see where dispatch numbers or the addresses are and where all the files, when a police report's been filed. I'd be curious to overlay that with the license data. I know we go back in time to see if anything's been there before they approach here. But just as an education point, since people seem to feel like it introduces crime into their neighborhoods, I'd like to understand the data that's actually been- Well, just a couple things I would say about that. Are you talking about at a work session, looking at that issue? Or are you talking about for a specific application when you decide whether or not to approve it? Because I would have concerns about the latter for due process reasons. If you're just wanting to see an overlay of that for the next discussion about short term rentals, I don't know if that's necessarily problematic. But a call is just a call. There may not be any citations or anything that happens as a result of that. And so it may not be fair to hold someone who's an applicant to explain why there are calls in the area when they're coming here, if that makes sense. That would be my concern. Gotcha, okay. I will say that we do reach out to police and ask them if there have been any calls for a specific property that has a short term rental. So we are asking for that information each month. We send them a list of all of our cases and see if they have any compliance issues at those addresses. Any other comments? Can we do that for board members, too, because I'd like to see a couple of them on there in particular. Anything else? Next meeting will be March 9th, 2026 at 1.30 PM. If no further business, meeting is adjourned.