>> I will call to meeting of the lexington fayette county zoning board of adjustment SEPTEMBER 2026 to order. Time is 1:30 for the record. I see everyone has a seat. Please silence all your cell phones. If you need to take a call or answer a call, please step out into the hallway. If you are going to speak on behalf of or in opposition to an application, you need to sign in if you haven't done that. Please do that in the hallway. I would like to recognize our planning staff. If you are here for the first time, against the wall on the left is traci wade, daniel crum, ryell browning, patricia haley and our new planner, stephanie ducker. I would like to bell comher today. Our legal counsel is brittany smith. Our board members your left to right, james pursily, chad walker, linda tucker, I'm bob sturdivant I'm chairing the meeting today. On my left harry clark, ross boggess. Brandon gross is out today. I would like to recognize any active or retired military in the room today. If that's you, please stand up. You should have picked up an agenda in the hallway. We will move to the agenda now. First item is swearing in of witnesses. If you are going to speak on behalf of an application, please stand up. Raise your right hand. You promise to speak the truth, the whole truth and nothing but the truth. (Collective I do) Chair: please be seated. First item on the agenda is the approval of minutes. We have two. NOVEMBER 2025 and DECEMBER 2025. We'll take NOVEMBER minutes first. Has everyone read the minutes for NOVEMBER any further discussion on those, any questions? Could I have a motion? >> MR. Chair, I recommend approval of NOVEMBER minutes. >> I'll second. we have a motion from MR. Clark, second from MR. Boggess. Please cast your vote. Thank you. Motion has passed. Now we will consider the minutes for DECEMBER 2025. Has everyone reviewed those? Could I have a motion to approve please. >> MR. Chair, make a motion to approve the DECEMBER 2025 minutes. >> I have a second. >> second. motion from MR. Pursley, second from MR. Clark. Please cast your vote. Thank you. We have approval. You should have picked up a paper out there explaining our agenda sounding procedures. The reason we do this is to expedite this meeting. Our docket has two sections. Section a is for the variances and conditional use permits. And section b is for the short-term rentals. each section has two parts. The expedited cases and the heard cases. The criteria for the expedited cases is planning staff has recommended approval and we don't have any opposition. Expedited criteria is the planning department has recommended disapproval and we have opposition present. -- the expedited section are heard first. The same as the criteria is on the short-term rental side of the docket. Now we'll call each case up and put them in the appropriate place on the docket. Start is page 1 of your agenda item one under variance appeals pln-boa-26-51, nicholas wolter. Is the applicant here today? >> chair sturdivant? Staff received notice from the applicant that they would like to request a one-month postponement to the OCTOBER 12, 2026 meeting and the reason that they gave was that they did not realize they had received a disapproval recommendation until the thursday prior to this hearing so they were requesting additional time to prepare their statement that they would like to make at the hearing. are they postponing for a month? >> yes. could I have a motion for postponement? >> MR. Chair, I move to approve to postpone pln-boa-26-51 nicholas wolter until OCTOBER 12. >> I second. >> I have a motion and second. Our second was from MR. Boggess. any further discussion? Please cast your vote your case has been postponed until next month thank you. Next item on the agenda bottom of page 1, item 2, pln-boa-26-58 matthew gene lawson. Request a variance to reduce required front yard setback. Is the applicant here? Staff has recommended approval of this application. Is there anyone here in opposition? Do we have an opposition person? Yes. Thank you. It's not time to present just yet. We are just putting it on the docket right now. So pln-boa-26-58, matthew gene lawson will go first on the conditional uses and variances heard docket. Page 2 of the agenda. Pln-boa-26-67, kelley navarro. Request a variance to reduce the required side yard setback. Is the applicant here? >> yes. thank you. Staff has recommended approval of this application. Is there anyone here in opposition? Hearing none, we'll put pln-boa-26-67 as the first item on the conditional uses and variances expedited docket. Moving to the bottom of page 2, pln-boa-26-71, embrey property management llc. Is the applicant here? Thank you. Staff has recommended disapproval of this application so we will put you on the heard docket as our second item will be pln-boa-26-71. moving to page 3. Under conditional use appeals. Pln-boa-26-38 berea christian church. >> good afternoon, MR. CHAIRMAN, chris college deny on, representing the applicant berea christian church. We are asking for a one-month postponement until the OCTOBER 12 agenda. and the reason for the postponement? >> the reasons that we have revised our site plan. W've met with staff and gone over that. We have a meeting scheduled on SEPTEMBER 24 with the neighborhood association to address concerns that they have raised. Want do that and then we would like to be heard on the 12th of OCTOBER. okay. Thank you. >> MAY I ask why this has been postponed so many times? It looks like you have had time to do all this. >> I understand, MR. Clark. I think this is the fourth postponement. Candidly, I think it's the logistics and trying to schedule the meeting with the neighborhood association. We have had one with them before vacations in the summer got in the way, also, and then we took our time trying to put the plan together before we presented it to staff and that's the reason for the delay. I don't think we will be asking for another postponement if you are kind enough to give us one more until OCTOBER 12. >> let me ask you this quickly. Are you aware of the staff's recommendation to change from the 15 feet setback to -- I can't remember what it is, 30 or 35. >> it was 35, I think initially what was requested and or 15 or something like that and we have an issue with what was recommended by staff. We want to get that adjusted with regard to the parking and the flood plain we just want to go back and get the parking adjusted because it will facilitate the best use of the property at this point for the church's needs. If we don't do that, then it will have a very negative impact on what we are trying to do. And so we would like the opportunity to present that to you on the 12th. >> I guess my other comment would be, the form that we have been presented each time has been exactly the same without any alterations. >> we just recently met with staff, showed them what we are looking at doing now. There is some change, which they can confirm. >> thank you. any other questions? Could I have a motion for postponement? >> I'll make a motion for pln-boa-26-38 berea christian church for postponement to OCTOBER 12. >> second. motion from MISS Tucker, second from MR. Pursley. Please vote. We'll see you next month. >> all right, thank you, MR. CHAIRMAN. moving to page 4 of your agenda item 2, pln-boa-26-62, olive branch church. Is the applicant present? Thank you. Staff has recommended approval. Is there anyone here in opposition to this application? Seeing none, we will put pln-boa-26-62 as number 2 on the conditional uses and variances expedited docket. Moving down page number 4. Pln-boa-26-63, tnt kentucky estates llc. Conditional use permit for an unhosted short-term rental. Is the applicant here? Anyone here from tnt kentucky estates llc? Moving on to the next item. Page 5. Item 4, pln-boa-26-64 blama 2, llc, conditional use permit for an unhosted short-term rental. Is the applicant present? Thank you. Staff has recommended approval for this application. Is there any opposition? Thank you. Item pln-boa-26-64 will be the first item on the short-term rental heard docket: moving to the bottom of page 5, pln-boa-26 -65, tiffany krueger. Conditional use permit for a home-based business. Is the applicant here? Staff has recommended approval of this application. Is there any opposition here? Seeing none we will move pln-boa -- 26-65 to item 3 on our conditional uses and variance expedited docket. Moving to page 6 of your agenda pln-boa-26-66, john kevin baker. Is the applicant here? thank you. Staff has recommend add professional of this application. Is there any opposition to this application? Thank you. We will move pln-boa-26-66 to item number 2 on the short-term rental heard docket. Moving to the bottom of page 6, item 7, pln-boa-26-74 shilo baptist church. Is the applicant here? Thank you. Conditional use for permit to establish a child care center. Staff has recommended approval. Is there any opposition here? Seeing none, we'll move application 26-74 to item 4 on the conditional use and variance expedited docket. Page 7 on the agenda, item 8, pln pln-boa-26-76, shorn cook house and bar. Is the applicant here? Staff has recommend add application. Is there any opposition here? In the back opposition? Yes? We will move pln-boa-26-76 to item is conditional use and variance docket. That is all of the cases and we will consider them in order starting with our conditional uses and variances expedited docket. Item 26-67 kelley navarro. State your name and address for the record, please. >> kelley navarro. >> staff has recommend add professional of your application subject to two conditions. Have you read those conditions? >> yes. are you in agreement with those? yes: any of the board members have any questions? >> I was just curious because you've got a you build it sign out front. Have you already started building? >> no. We haven't done anything on the property yet. >> good enough. Thank you. any other questions for the applicant? >> MR. Chair I recommend approval of pln-boa-26-67, kelley navarro's have for a variance to reduce the required side yard set back twr 29 feet to 9 feet five inches for a non-conforming structure on property located at 3812 royster road based on the staff's recommendation and the two conditions as listed. >> second. a motion by MR. Clark. Second by MISS Tucker. Without any further discussion, please cast your vote. Thank you. You have been approved. Second item on the conditional use and variances expedited docket is pln-boa-26-62, olive branch church. Applicant please step up. Please state your name for the record. >> an descrai moffchin. staff has recommended approval of your application based on two conditions. Are you familiar with those? >> yes. and you are in agreement with those? >> yes, sir. board members, any questions for the applicant? >> do you think that will you have enough parking without interfering with anybody else. >> yes, we have already counted that. >> you have thought about that? >> yes. >> okay, thank you. can I have a motion please. >> move to approve pln-boa-26-62 olive branch church for religious assembly on a property of 2380 fortune drive. could I have a second? >> second. motion and second. Any further discussion? Please cast your vote. You have been approved. Thank you. >> thank you, GOD bless. third item on the conditional uses and variances expedited docket pln-boa-26-65, tiffany kruger. Applicant please step to the podium. state your name, please. >> tiffany kruger. Ailed aldrich way. >> staff has approved your application. Are you in agreement with the conditions. >> I am. any questions from the board? >> it always has to be me. I went by there and there is like no parking. There is no parking on your street and you mentioned that you were going to use one of the parking things 234 your driveway. When I went by there, there was a truck in your driveway and the truck was even hanging over the sidewalk and you can't have a truck hanging over the sidewalk. I was concerned about the parking situation. I'm assuming that will you just have one person at a time? >> that's correct, yes. >> I was made aware of the situation when I got the information back and that will be addressed absolutely. I will be parking on the cul-de-sac. The truck is my husband. He is a contractor. He should be gone during the days and have consolidated the days when people will be coming and going of three to four hours that fit within the school/work hours. >> I notice there is no parking on the cul-de-sac because of the driveway. >> I'm going park down the street to allow clients and patients to come and go easily and not be an obstruction to my neighbors. >> thank you very much. >> thank you. any further questions for the applicant? >> I move tore approve pln-boa-26-65 tiffany kruger request for conditional use permit for hem-based business in a single-family residential zone on pot located at 1104 aldrich way based on staff's recommendations and subject to the three conditions. >> second. motion from MR. Walker, second from MR. Clark. Any further discussion? Please cast your vote. thank you. You have been approved. item 4 on our conditional uses and variance expedited docket is pln-boa-26- 74 shilo baptist church. Please state your name. >> >> marvin king with shilo baptist church. staff has recommended approval of this application based on three conditions. Have you read the conditions? >> yes. >> and you are in agreement with those? >> yes. >> any questions for the applicant? >> I have a question about the expansion of the play area you have 25 square feet for each child and if have you 40, what you have now is not adequate. What are your plans to expand that? >> those children will not all be on the playground at the same time. This is an ehs center so it will be very small class size on the playground. >> that was my next question. Good. Thank you. >> I just wantedded to say that I think this is good. It is good for the neighborhood and for that area and good spot. >> thank you. We agree. any further questions? Could I have a motion, please? >> MR. Chair I recommend approval of pln-boa-26-74, shilo baptist church request for conditional use permit to establish a child care center within the infill and redevelopment area in a planned neighborhood residential zone on property located at 227-237 e. Fifth street and 238-246 engman avenue based on the staff's recommendation and the three conditions as listed. >> second. could I have a second? >> second. motion by MR. Clark, second by MR. Boggess. Without further discussion, please cast your vote. You have been approved. Thank you. >> thank you. >> now we are moving into our conditional uses and variances heard docket. Our first item is pln-boa-26-58 matthew gene lawson. Staff is going to present first. >> yes, sir. >> good afternoon everyone, daniel crum principal planner with planning services staff. The request we have today is a front yard setback variance that is designed in order to permit a driveway within the front yard, the applicant here today is matthew gene lawson, and just to orient everyone the subject property is the parcel shown in this light blue color here, contains single-family home, so here we have midland as we are heading out, schropshire turns into goodlow and the subject property once again is shown in the blue color here. Zooming in closer there is not sufficient space between the home and the home itself sits on the curb so this is topography slopes down with this lot and the adjacent lot so the access to the side of the home is accomplished through this patio system here. The applicant is wanting to along the right hand side of the property here, install a 10-foot wide driveway however, because it does not extent tend past the front wall plane of the house, it is considered parking within the front yard. The applicant has submitted this site plan that shows the dimensions. They meet the other requirements from the ordinance spacing from the side property lines they show, the maximum width is adequate. But the issue that they are arriving at is once again, the subject property does not have enough room to fit in a full vehicle past the front wall plane of the house. Staff's review of the site we found this area does have similar conditions these were homes developed well before these considerations were in place and so there is once again, some unique circumstances with respect to topography of the area and existing could be text that made staff comfoshtable with the recommendation of approval. We laid out in full detail in the report in front of you but found the driveway meets the ordinance requirements related to safety and public health, and is deep enough to accommodate a vehicle in that area without blocking the sidewalk or right of way. We note that it is not out of character with the general vicinity. I the topography of the property limits the ability on site to design a driveway that meets the full requirement but as it was able to accommodate the 18-foot width, staff was comfortable with the recommendation of approval. And with that, it is subject to the two standard conditions that the construction matches the site plan and that they obtain all necessary building permits before construction. With that, I'm happy to answer any questions you have of staff. >> could you help me understand, so I feel like we are getting multiples of these each month. Auto what was the original purpose of it? Of things like this? So past that it is on the property owner to operate within the bounds of the law. >> thank you. any other questions for the applicant or staff? All right. Thank you. We have one speaker in opposition. Please state your name and address for the record, please. >> hello, vivian hodge. And the address is 535 goodlow street. Before I address the zoning criteria, I must bring a critical error to the board's attention regarding the applicant's site plans. The plan submitted by the applicant show my vacant lot, which is adjacent to his, shows the width as 36 feet; however, I have my legal property deed here and I have present you had it to the clerk that explicitly states that my property width is 40 feet. There is an unresolved significant four foot discrepancy on the plan submitted by the petitioner. Because the applicant is requesting an absolute zero foot setback, an officer of this scale means their proposed driveway MAY physically encroach directly on to my legal land. I understand the board does not have the jurisdiction to resolve a boundary dispute, but because my legal deed of record contradicts their layout, I believe the board needs exact precision and I believe the board deserves correct information before they grant a variance so I respectfully ask the board to deny or immediately postpone this case until the applicant can provide a certified stamped boundary survey confirming the exact legal line. Thank you. any questions? >> for the applicant. Have they seen the survey pins? >> we'll get to you. >> do I have a copy of that that you can give to them so that we can make a copy, snrees. >> yes, ma'am, I gave it to the clerk and I can give her another one. I got two. >> well, just as long as we have one or something. thank you for your comments. Traci, does this change any of the recommendations for staff? Stephanie or tracey? >> I haven't seen the information, but I would be leery of approving a variance if it would impact adjoining property. I would encourage the two property owners to get together and see if they can resolve the issue. >> plath eugene lawson. >> yes, whether I went through this, I found a plat that detailed some of the measurements from the back of the properties and I feel pretty comfortable with the way that this is set up. In plat, it differentiates of four feet coming off of the front of the sidewalk and then has another measurement of 36.02 feet. That goes into the property lines. So I don't know how that gets resolved with legal descriptions and such, but I think that this is correct. >> have the property lines been established by a survey? >> by a survey, no. The plat is when they redid this goodlow street, I believe. So I don't think that there are iron pins. I don't think there is anything out there to off of for description wise. >> do you happen to have the plat? >> I do not have it with me. I know I sent it to planning at some point. >> the plat or the deed? >> the plat. >> do you remember if we got a plat? The deed is required with the application but often times we don't get plats. >> I don't recall having received the plat. I can confirm that but I don't recall receiving it. >> I can get that. I have a copy of that somewhere. would you agree to a postponement to OCTOBER maybe? >> yeah, that would be okay. so we probably need to settle this before we make a motion. MR. Chair, I will make a motion to postpone b-2 26-58, matthew gene lawson to the OCTOBER meeting. With the understanding that we will have additional information that will legally give us the plat and the lot size and line. >> second. >> I would like to repeat that maybe the two of y'all could get together, too, and discuss things. >> thank you. I have a question on just this motion. So in the future, is that -- we don't have jurisdiction about any sort of property lines. And if the ask is to go up to the property line, that would be up to them to have an adverse possession or a boundary dispute later down the road. We could theoretically still approve it to zero and then... So you are right there is a jurisdiction to decide the property dispute. We couldn't issue something that would say one way or the other that the four feet did or did not belong to MRS. Hodge's property or thage cant's property. However I echo MISS Wade's sentiment if you are granting a variance and have you to make the findings to associate with that variance, one being whether you are going to be adversely impacting other properties, then that might be something to take caution with is what I will leave it with that. the dispute that would affect the width of the variance that you could conceivably grant is a valid concern for the board to consider. I'm comfortable with the postponement. Could I have a second please? >> second. motion from MR. Clark, and second by MR. Pursley for postponement for one month for pln-boa-26-58. Postponement has been approved. Our second item on the conditional uses and variance heard docket is pln-boa-26-71, embrey property management llc, has been recommended for disapproval. So staff will present first. >> good afternoon. Pln-boa-26-71 embrey property management llc, requesting two variances to number 1 increase the allowable size of all buildings accessory to the dwelling unit from 731.5 square feet to 1,760 square feet or 120.3% of the existing residence and number 2: increase the maximum height of an accessory building from 1'9" to 1'2" within the infill and redevelopment area in a single-family residential r-1c zone on property located at 112 garrett avenue in council district 11. Here we see a view of the subject property outlined in blue. Versailles road on garrett avenue to the north of versailles road directly across from linwood drive, a small stub street in this location. The area is characterize I primarily by detached single-family residences. here we see a street view of the property. You can see the location of the accessory structure to the rear that is the subject of this request. The applicant is requesting variances in order to increase both the height and size of that accessory structure. A little closer street view property photo shows the height of the accessory structure to the rear. The residence itself is 18'9" and 1.5 stories, while the accessory structure is 5 inches taller at 19'2". Site plan for the property. You can see principal structure and the accessory structure. It shows the single-family home which has a building footprint of 1034 square feet and the accessory structure which has a footprint of 1040 square feet. The addition of the full second story to the accessory structure would result in an increase in permitted accessry square footage to 120.3% of the existing residence. The accessory structure was constructed without permits sometime prior to 2007 based on aerial photography and is non-conforming. In terms of both height and square footage for the r-1c zone. Since the applicant purchases the subject property in MAY of 2023, they have proposed additions to both the principal structure and the accessory structure as well as an interior remodel of the principal structure. The division of building inspection responded to a code enforcement complaint about this property in 2024, noting the interior remodel work had begun without permits and a deck was added to the accessory structure also without permits. The applicant subsequently stopped work and sought the appropriate building permits. The applicant -- let me return to the site plan. The applicant states that their intent on this property is to use the principal structure as a hosted short-term rental and the garage as an accessory dwelling unit. That garage would be occupied by the short-term rental host while the principal structure is being prent rented to guests. Age cant was issued a zoning compliance permit about it division of planning for that hosted short-term rental in Planning staff recommends disapproval for the following reasons: applicant has not provided sufficient justification to meet the requirements of article 7 or krs There no 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 the same zone, to justify the need for the variances. The granting of the variances would allow an unreasonable circumvention of the requirements of the zoning ordinance as there is a clear intent of the ordinance for accessory structures to be subordinate in size to the principal structures and the variance is the result of work conducted without a permit subsequent to the adoption of the zoning ordinance regulation. And I'm happy to answer any questions you might have. Any questions for staff? >> thank you very much. thank you, stephanie. Will the applicant please step pored. >> riley isaacs. And emmy isaacs. you have heard the staff recommendations and comments but I want to hear your side. >> I think there was maybe a little misunderstanding. could you raise the microphone up a bit? Thank you. >> we are not looking to increase the height of the garage. It's actually only like I think she said five or six inches taller than the house. Our intent was to finish the upstairs of the garage and maybe an apartment, not the entire structure. Not the bottom would just be an unfinished garage. It's my understanding that the square footage of the top of the building would be counted as living space. So that, I think, would change a lot as far as that goes. As far as work without the permit. We were doing -- we hired a contractor that was just tearing out drywall to see because we hadn't gotten a firm price yet because we didn't know exactly what needed to be done to the house. So we just demoed. we didn't actually start reconstruction of anything. We just tore out some drywall. As far as the decks go, those did go up unintentionally, let's say, because it was a miscommunication between us and the contractor. So we were trying to hide anything or do work without permits. It was a miscommunication and inexperience. This is our first remodel in the fayette county area. >> I want to mention that both structures were existing. We haven't changed the square footage, the size, the height of any of the structures and we are not looking to do that, either. We are just looking to refinish the intear interior of both and changed the access of the garage to be separated. We did acquire the short-term rental permit for this in 2024 for it to be hosted and in order for us to continue forward with that, we need the apartment to be able to be hosted. It would be lived in by me personally as part of owner and manager of this company so we would be able to oversee it very well. It would have its own parking. Guests have the one designated street parking. I would have the interior of the garage parking as well as the driveway which can fit two vehicles. It has separate access to the back and complete privacy fences so it should not be any trouble to other people around us. board questions from the applicant? Any rebuttal from staff on their comments? >> I have some questions for staff. Maybe traci or legal. So 2k 0 0 7 when we switched from the mid gable height or accessory buildings to the full height? >> it's always been that way for measuring an accessory structure has always been to the tallest part of the building. >> interesting. I found different. >> the issue is that the square footage by remodeling the second floor and making it useable space becomes square footage and that is what increases the size of the accessory structure larger than the single-family residence. >> there was a livable space up there before. They were using it as like a workshop area. They had already previously renovated it. It was already a loft. It just had stairs from the interior opposed to the exterior, so I do want to make mention that was already existing. We are just finishing it and adding drywall a little better. >> and a bathroom and kitchen. That's what makes it a separate dwelling unit. >> the actual finish space would be 744 square feet. >> but the total square footage of the accessory structure counts and you have two floor. >> the bottom counts as living space? >> not as living space but it is square footage. Of the building. >> we have some pictures what it is supposed to look like when it is done.& as you saw from the pictures, it sits back it's surrounded by trees. It's tucked away where it's not something you would even recognize as you driveway by. >> MAY I ask the staff quickly here. What exactly -- if we disapprove this and follow the staff's recommendation where does this leave the applicant? I'm not real sure exactly where that leaves them what can they do and what can they not do at this point? >> I'm not sure if I can fully answer that's. To me there is probably a lot of different options. But they MAY not suit the applicant's needs. They could convert it back to a single-family home and not do the short-term rentals and use, continue to use it as a workshop or garage space accessory to the single-family home. I think it seals like what is causing the change is the short-term rental and wanting to have a hosted short-term rental. So there is also an opportunity apply for a conditional use for unhosted short-term rental where the owner is not on site during rental. I guess those seem like the biggest changes. Sometimes we talk to people... What would do you with the non-conforming. >> increasing the size of the principal structure to so it kind of adjusts the ratio. That would be a pretty large addition though to get to the ratio that they need because they're a thousand square feet over. >> we were willing to raise the roof on the house and that would give us more squire nottage in the house because it's just a half story so it would give us a whole second floor if we raise the roof. So we are willing to do that if that would allow us to finish the garage out. >> according to what MS. White is saying in the justification letter, the detached garage exceeds 50% square footage of the primary residence and slightly taller than the primary residence so that's part of the issue. >> yeah, I think what she was saying is that we are willing to make the primary structure larger by adding on to the secondary floor to increase not only the height but also the square footage so that it doesn't exceed that 50%. >> and it would raise the roof so you are now taller than the garage. >> would they have to reapply for all of that. >> well, the board can approve a lesser variance than is existed but I think it's difficult to know what that number might be without plans. >> we uploaded the plans from an architect for both structures with the raised roof and what it& would look like and everything, so they're on there. >> can you meet the 50%? >> honestly, I don't know. I think so. >> then you don't need a variance. >> ing on. If you are increasing the principal residence, to I'm just going to do quick math here, to 3500 square feet, which is I think pretty big,. >> we would have to increase to it 3500 square feet. >> because your garage would then be 1760. Am I doing the math right? The principal residence would have to be twice as big as the accessory structure to meet the ordinance. If you can meet the ordinance, you don't need either variance if you are raising the roof and increasing the size of the principal structure. >> okay. >> I think it's the staff's main concern is the ratio here. We don't -- we do see increases from time to time, but they tend And this is 120% so it's a pretty big jump. >> so this structure has been built for 19 years. And if they get a disapproval today, it's going to remain standing in the exact same form, assuming it is going to be more dilapidated as time goes on. It is it just hope. >> I hope not. >> they don't have anything else they can do with it without adding a massive addition to the principal home. >> again, use it as a garage. >> yeah, and I'm also trying to figure out how -- council's sentiment has been to create density, make way for accessory dwelling units, get higher dwelling units per acre and this is in alignment with that with an existing structure that doesn't change anything that the neighbors are going to look at. It has been standing for 19 years. >> just changes the use though. When do you that and you are adding the secondary unit in the back so the use of the property, the deck added, so those things are changing. Again, I think the staff is fine with them using the property under a single-family residence, with the accessory structure per our typical regulations. It's the change of use associated with that. And that triggers this like larger square footage because they're finishing that full second floor with a bathroom and a kitchen to make it a dwelling unit; that that changes the situation obviously we are supportive of short-term rentals and also accessory dwelling units. Just need to be proportionate to the size of the building, too. >> on the roof height side of things, whether vanes, small bumpouts, things like that, I know in other cities, those count. How does lexington gauge height? Is the ridge line or. >> that's really a building inspection question the measurement for the roof is measure to mid gable for the principal structure. So I'm not sure what improvements they could do to change the number drastically. I'm sure there are some but I don't think I could answer that with the right terms. >> we've also considered putting a walk way in between the two structures and connecting them. Would that be a possibility? to make it considered one unit? >> again, I think there are a lot of options. I'm not sure at the microphone is best time for to us work through those solutions? >> that was something staff recommended to us probably about six months ago was to make a walk way in between. >> building inspection. >> building inspection did recommend that as an option. It's quite costly. So we were trying to find a different route as well well instead of making a full air conditioned walk way between the two structures but again that is something that we are open to. >> I'm seeing an impasse here. I think there are things that need to be worked out on your behalf so you can see your way they're to do some things that might be acceptable. If we disapprove this now, then you can't come back to us and say this is our plan, maybe this will work. It would be pointless to talk to the staff because we have already disapproved it. Do you think it would be appropriate to ask them to withdraw this and let them come back with a different plan? Would that be a better solution at this point. >> >> I have to check the bylaws. Give me a second. do we need a recess? >> a recess would be fine. I just need to check something in the bylaws to answer MR. Clark's question. If you want to take a five-minute recess so we can look into this further. would you all like to do a continuance? >> we'll do that. >> I think that's up to the board. And if the applicant has a preference or if you want to hear from staff on a timeframe. >> we would like to make progress as soon as possible so if there is one coming up... >> how much time do you think would you need to reconsider? >> a month or a couple of weeks. I don't know how often. >> would next month be soon enough? To the dwelling unit from 731.5 square feet to 1,760 square feet and to increase the maximum height of the ac accessory building from 18'9" within the infill and redevelopment of a single-family r-1c residential zone for continuum of one month. >> second. motion by MR. Pursley, second by MRS. Tucker for one month continuance. >> quick question. Kind of related to the motion. In the month, do they need to figure out something with their license needing to be activated within one year? Is that something stated that they had a short-term rental license? >> I think they've had their license for several years so I'm not sure that impacts that as long as they pay their fees. >> I don't think there is a shot clock on getting your license. But once you have it, have you to renew it every year so just make sure do you that. please cast your votes. thank you. We'll see you next month. >> thank you. next item on variances heard docket is number 3. Pln-76, southern cookhouse and bar. >> good afternoon everyone. I'm with planning staff and this is pln-boa-26-76 southern cook there the house and bar requesting a conditional use permit to establish live entertainment and a variance to reduce the minimum distance between a live entertainment use and residential zone from 100 feet to 24 feet in the community center zone on property located at 840 haze boulevard or aka 844 haze boulevard and they're located within council district 7 here is an aerial view of the subject property. You can see it outlined in blue. Here is a fairly large property specifically location of southern cookhouse and bar is here and the address is 844 haze boulevard. You can see it located west of the subject property and here is a street view of the subject property from haze boulevard. This property is split zone, community center or cc in expansion area residential or ear-2. So the cc zone portion of the property features the majority of the structure that is located at 844 haze boulevard. And parking for the resident and several apartment buildings are located in that zone as well and then the ear-2 portion of the property includes a smaller portion of the structure at 844 haze boulevard along with additional parking for the restaurant, townhomes and additional apartments. So the applicant is proposing two different locations for live entertainment. One is indoors and one is out outdoors. You can see them located here. So this star icon is located on the outdoor patio so that's the location of the outdoor live entertainment and then this is located just inside: this will put the nearest live entertainment area closest which is located just on the northern end of the building. The live entertainment would be located approximately here with one outdoor and one indoor location on property in the building split zone so the nearest zone is approximately 24 feet away, nearest residential zone that is. However the distance between the indoor live entertainment area and the nearest residential structure is approximately 150 feet so that's referring to this. The applicant is not proposing changes to the existing structure. And the performances would mainly take place on friday and saturday evenings from 7 P.M. To 11 P.M. And they indicated in their justification materials that there MAY be additional performances for private gatherings or special events. So staff recommends approval of the application for the following reasons: a: proposed live entertainment should not adversely affect the subject for surrounding properties as the live entertainment areas are positioned to be further away from the nearest residential zone. The live entertainment areas are separated from other surrounding residential uses by landscaping and hey hayes boulevard and separated from the other surrounding residential uses. And all necessary public facilities and services are available and adequate for property posed use. C: granting the requesting variance will not adversely affect the public health, safety or welfare and it not alter the character of the general vicinity and will not cause a hazard or nuisance to the public provided the hours of operation are limited to those listed in the submitted applications and provided that no outdoor amply indication is provided. No expansion of the existing building is required or proposed by the applicant to accommodate this use. Granting the requested variance will not result in an unreasonable circumvention of the zoning ordinance. Although a residential zone is closer to the proposed use than 100 feet, the shortest distance between a live entertainment area and the residential structure is approximately 150 feet. The recommendation of professional is made subject to the following conditions. The live entertainment shall be operated in accordance with the submitted application materials and site plan, the hours of operation shall occur in the cordance with submitted application materials. All necessary permits including zoning compliance permit shall be obtained from the divisions of planning and building inspection prior to initiation of the use. And no external amplification of the outdoor live entertainment shall be permitted. I'm happy to answer any questions MAY have. >> is there any situation that the 150 feet between the entertainment area and the nearest living unit is likely to be developed in any way? And added to that space. You probably can't answer that but I'm going to answer anyway. >> can you point to which direction the closest dwelling unit is? >> it's that one right there. >> it goes to the north? >> there's the live entertainment and then there is the nearest residential structure. >> so those apartments are already existing they're already there. Maybe 24 dwelling units in each building. applicant please step >> brian henderson, 4088 boon creek road. We are here today to apply for the permit we have been -- we are a new restaurant. There was an existing one there for eight years prior to us. We have been open less than a year. So I do want to apologize we weren't aware that we needed a permit so we have had live music performance there as well as the prior restaurant did before as well. So we have since, we found out, we ceased live music and went through the proper channels. We do -- we provide a service for this community that no one else provides in this area. We are the andover childs neighborhood. We provide a lot of private parties, large parties for the neighborhood that come in eat dinner and the live music is a big service for the community. They like to come on the weekends, eat dinner, listen to music. We, of course, contacted, once we found out, we contacted the property management. The property management said there have been zero complaints on the music and contrary, they said they have had several people renew their leases and move into the property because the tour, when they come to look at it, because of the live music and because of our services there with the food, dinner and the drinks. We close every night at 12. We are a sports -- we have some TVs so we stay open until 12 only because of games. We don't want to be a late night place. It's more family. Several kids ride their bikes and get ice cream. A great place for the community. This is a service that has been requested by several residents and I have some here today that would like to speak on it as well that have taken time out of their day, but we are happy to have the recommendation by the staff and I would like to either confirm or clarify the number 4 on the recommendation of the no external amplification for outdoor live music shall be permitted. I want to know what that is as far as most of the entertainers, and again we don't have bands. We have one or two people out there, one guy with a guitar, one guy singing, sitting on a stool. They're four feet from a table. So, they're right in amongst them outside. So there is no need to be very, very loud. But most of these entertainers do have a microphone with them so I did kind of want to confirm what that -- I do have speakers built into the patio through the system that we play music through regularly. So I did want to confirm clarify what that was with itself external amply kay -- amplification. >> intent is no amplification, no microphone or speaker or box that projects the music louder. Amplifier. >> so, I mean I just want to make sure because if anybody has been out even at a restaurant or whatever, there are people talk talking. This is not a spoken word or live music where everybody is sitting and paying attention. There are 10 ables out there with people, 25 feet away eating dinner, conversing so most of the entertains have a microphone with a small amplifier box that's kind of what I wanted to confirm as far as what that was because 50 people eating dinner. >> that was the staff's recommendation. I will leave it up to the board if they want to make a different recommendation. >> we do have one or two people. It's not a live band or anything like that and it is a great service to the community and we have had a lot of great feedback from the community for having this. We are happy for the recommendation and just want to `provide a service and we hope to be able to do that only opposition comments? Please state your name and address for the record. >> john kemper, 448 turtle creek way. you can raise the microphone up. >> can you hear me now? yeah. >> where that stawnt sits on the edge of hays boulevard. If you come past sporalling and you come across turtle creek and come to moon star court, our house sits on the corner of moon star court. I'm sitting in my living room and I've got dates in here if you want the dates and I they're amplified noise and I thought it's the neighbors having a get together it will go away soon. It continued up until 11:00 on a saturday night. I could still hear it inside my house so start doing a little exploring and it was clearly amplified. Could you hear a guy talking through a mic like this. You couldn't quite make out but could you hear it inside the house. Once I figured out where it was coming from, I called the city divisions, a couple of them. Nobody wanted to take charge of this. Chris in zoning and planning went over and said they were violating their cc zoning which clearly states no live music in the restaurant and the cc zoning was created -- I have developed two subdivisions this lexington and built numerous houses so I'm pretty good with the ordinances. It was developed to enhance the neighborhood not create a noise disturbance. Anything that crosses the property boundary is a noise disturbance regardless of the source. If I'm hearing that two 10ths of a mile away, there have to be people in the apartment buildings that are not happy on a saturday or friday night at 11:00 when it stops. I do believe I heard it later than that on the fourth of JULY. JULY 3. So there are several ordinances that deal with businesses that can have live music. And the fact that this is outside doesn't help any. I'm not an acoustics specialist but if you ever been out in the woods hunting or anywhere where it's really quiet and you hear a sound, it can be coming from a very far distance and yet be very loud. A b-1 zone it doesn't allow live entertainment. The b-6p doesn't allow it. If it does allow it, it has to be inside with maximum sound proofing. To prevent noise emissions. I don't see -- I have live there had since 2018. We never heard anything out of the other restaurant. I didn't go looking for this. I was sitting in my living room and I heard it. i didn't go out here picking on these guys. I've owned several businesses in town but you ought to be able to sit in your living room on a saturday night at 11:00 and not hear music from.2 of a mile away. Go inside, 2340 amplification might be a solution but there is opposition to it because I've talked to my neighbors and heard And once again, it's the middle of the afternoon and not many can come here. They do have violations for not following the zoning code in the cc to start with. They didn't stop until after somebody asked them to. Whether they knew it or not doesn't really matter so I am opposed to this conditional use and what already seems to be a can't use zones. The fact that it butts up against aneer that close that you had to go from 100 feet to 24 to get it through, regardless where the nearest structure is if that were in the center of that, it might be a different story but it's right on the border. It's crossing three streets and you can hear it from your house. thank you for your comments, if I remember. Any rebuttal. Are you in opposition? >> he said he is in support. >> my name is christopher kemp and I live in unit 5209, a building directly adjacent to the restaurant. I have lived there for approximately three years. And was there with the previous restaurant as well. i've attended the restaurant several times. Have not attended the restaurant and been in my residence while there has been live music and I cannot recall a time where could I hear it from my unit. You know, I can't speak as to how, you know, that gentleman would be able to hear it from a distance far greater than where I live, but I cannot recall a time where I have heard live music and it's been disturbing to, you know, going to sleep at night or whatever it might be at 11 or 11:30 at night. The complex itself, which is separate than southern cookhouse has taken it upon themselves to redo the curbs at night and I've is certainly raised complaints to them about creating noise which is significantly disturbing at night. But no issue whatsoever from southern cook there the house. thank you for your comments. Anything else? Board members, any questions? >> rebecca prater, 4141 star rush. And I'm in the neighborhood that is near the apartments and just want to kind of piggy back on what the applicant said about it being a family place where we have been able to have a graduation party for our kids and birthday parties and things like that, and we don't have any kind of facilities near us that provide that type of service, and so we have live there had for 13 years. Used to go to the other restaurant. They had live music several times outside and it was a huge boost to a draw for the community and for the families and so we really loved regular, being able to have regular music and we have really missed it last few weeks and so just wanted to say that we have really appreciated from our area, what they have done as a service to the community and so appreciate y'all hearing us. >> thank you. Any other comments for or against? Name and address for the record, please. >> mike gonzales 4173 star rush place. To piggy back on everybody else. I have small kids I'm in the residential area. I have small kids that come to us all the time to the southern cook there the house, it's a great source for us, great community enrichment for us, so fully support and live music is a big piece of that as well so fully support their existence there. Clerk: thank you. Board members, any comments? Discussion? >> I understand the concern about needing to strike the amplification side of stuff that every musician now comes with a bose tower and that's something that is just very standard. Chair: could I have a motion, please? >> I just wanted to make a quick comment if the applicant wants to come back up. We have three letters of opposition that were example mailed to the board. So, and dhoan we need and maybe this is for you all do we need to determine like were you talking about, y'all know more about amplification than I do. I'm too old, but what we need to decide concerning that. >> I'm not sure I heard everything you said. Concerning what? >> amplification. >> yes. >> with sound. >> what is the question? Do we need to determine that at all it sounds like he is going to have one or two guys out there, my son us used to use a box with a guitar and sing. >> it's the conditional that -- condition recommended by staff but ultimately it is up to you so if you think that's appropriate, you can leave it as is and make it subject to the conditions or alter it now. Now would be the time. >> wasn't that your question, the amplification that you wanted... >> yeah, we have, you know, we have a sound system that that we play music when there is not live music and the speakers on the patio. It's two zones so sometimes we will have a game on inside and music on on the patio and I wanted to clarify I realize there is a decibel. We don't have live bands and we have one or two people playing music someone without a microphone five tables back with people talking at dinner would make it difficult to enjoy the music as you have a conversation. >> sure. >> alright correct me if I'm wrong, it has it as no external amplification. That's condition 4. >> that's correct. >> that's his question. >> where I'm getting stuck, I'm having a hard time with this just because the conditional use , fine, but the variance normally when there is a variance, there is some sort of special condition that exists for a variance, you know. The yart is too high, you have to build the fence taller, whatever it happens to be. I don't see anything other than you just want to. >> correct. I think it was the residential area, as chris said, chris is actually, you know, building 5, he is the corner apartment, the closest residence to our restaurant. By far the closest residence, and they've never, like I said, the property manager has never had any complaints. On the contrary, we are renewing the lease because of this, we can come down and listen to live music and so, you know,and again we are in our first year so we are figuring things out as well. But we close at 12. We don't want music going past A lot of the times it ends at We schedule the music from 8 to 10 is usually our sell. And if the crowd says let them play another song or two, we let But really we are providing a servicer. The other restaurant went out. This is a big part of our business. We have seen, whatever the month or six weeks that we have not had music, we have seen a drop in traffic, a drop in for the restaurant, because of no entertainment. >> I would add to that discussion MR. Henderson I would add that amplification is amplification if we approve it without number 4, condition number 4, that means amplification in any case we don't have any way of saying you are a nice guy and we believe you but at the same time there is no limit. If you leave and somebody else comes and you know, we approve this, we have no control. It could be a band, it can be a very loud base which will go three or four miles. I would not vote for this without number 4. I think that's really important. I understand ma you are saying. I think have you great ideas and I absolutely agree with everything you are talking about but I agree also with the staff saying that this should be a a condition and I appreciate what you are doing I think you have great ideas but would I think that we would have to put limits on that. >> would this affect the music with the speakers that we play as well? >> the speaker system if you are just playing music, it's like a recorded song or something, it's not live. >> sure, sure. Amplified on the patio. >> so that's not live music. It's live music that is restricted by the conditional use. >> okay. So wouldn't restrict the level of music I could play with the speakers, only the guy with the guitar. >> understand think the idea is the fourth of JULY, I don't like fireworks. You know there is relief coming. If he is going to lose his mind and we are all back in the spot. There is no relief. I'm with MR. Clark at this point, having amplified music is a bad path to head toward and that's what staff recommended so I'm in support of the way it is rit en -- written. >> any other questions. We have also had this come up in front of the board many times and so we have been trying to be consistent about this and I feel like we have to do that regardless of your attitude toward it which we appreciate. >> the new amplified music is for outdoor, correct? >> so you are in agreement with all of the conditions except in 4 but I'm happy for the recommendation. >> and for the record, too, I picked on you if the back, but if it is amplified, this is a conditional use so it can be brought back and revoked. >> sure. >> so if you guys are okay with it, then I will head down the path with it of recommended approval of pln-boa-26-76 southern cook there the house & bar to establish live entertainment and variance to reduce the minimum distance between a live residential entertainment use and residential zone from 100 feet to 24 feet on hays boulevard based on staff's recommendations and subject to the four conditions which includes no external amplification or outdoor live entertainment and music permitted based on the staff report which includes friday, saturday from 7 to 11 P.M.: just wanted to make sure those are in the record. I know you can alter them from time to time. But those are the general parameters. >> it would not be later. It might be a private event earlier in the day but other than that. >> I'll second. >> motion from MR. Walker, second from MR. Clark, any further discussion before we vote. >> would I just say that this is a point that needs to be addressed at council at large is that our joyce zoning ordinance ordinance as a city is broken, absolutely broken and this is something that where I live, two blocks away, I hear ambient noise from a very similar operator to what you are doing and it's not a bother. It's hart of living in a lively city, and that's something that we need to get decibel readers on our police cars for enforcement or we need to have a more robust regulation as a Clerk: please cast your vote you have been approved. Thank you. Moving to our short-term rental docket. Our heard docket, pln-boa-26-64. >> chair... >> I don't believe we sounded the idea tnt kentucky estates llc. Number 3 on page 4. I don't know if the applicant was present when you first called the agenda. I don't know if they are now. Or if anyone is here in opposition? >> what is the number on that one? Pln-boa-26-63. Chair: christian church was the postponement? >> no. >> tnt kentucky estates number 3 on page 4 of the agenda. Conditional use permit. I don't believe the applicant was here when you first sounded the agenda. I don't know if they are here. >> are they aren't now. >> I don't know. is the applicant here now? I don't know if anyone is here in opposition. I don't know if you got otolaryngology record. >> 26-63. Applicant was not is is there someone present for tnt kentucky estates llc. I tried to email them after the meeting started and I haven't received a response, so my general recommendation is to postpone its until they can be present to accept the conditions. And if nobody is here in opposition, that's perfectly fine. >> so pln 26-63. >> I would suggest a motion to postpone that. >> I will make that motion. Pln-boa-26-63, tnt kentucky estates llc request for conditional use permit for unhosted short-term rental in a mixed low density residential zone on property located at 132 aqueduct drive. i move to postpone that. >> second. Second from MR. Pursley to postpone 26-63 to the OCTOBER docket. Any further discussion please cast your vote thank you. Back to pln-boa-26-64. Blama 2, llc. Ryell browning with planning staff with pln-boa-26-64, requesting a conditional use permit for unhosted short-term rental on property located at 1032 lake front drive which is in council district 8. So here is an aerial view and you can see the subject property outlined in blue located here and you can see that it is located on lake front drive which loops around here and then tates creek road is located here and then this is the ramp on to east new circle road here is a street view of the subject property and this is the townhouse that is in question and right here is there garage and driveway. Here is the site plan for the property so the subject property is approximately 0.04 acres in size and it contains a 2-story 1260 square foot townhouse and has a 380 square foot attached garage constructed in 198. The structure includes two bedrooms, one full embathe room, and the occupancy calculation for a two bedroom unit would allow for maximum occupancy of up to six individuals and that's what the applicant is requesting for this property. Parking for the use will be accommodated in existing driveway and garage which the applicant has indicated can accommodate up to four vehicles. here the str concentration map for the property so you can see that there are no short-term rentals within 600 feet of the subject property and the existing concentration of short-term rentals within 1,000 feet of the property is 0%. Here is a table that supplies displays that information as well located in census tract 34.04 block group 2 not identified as one of lexington's fayette county top 10 census groups in relation to vulnerability to involuntary displacement. So staff has recommended approval of the application for the following reasons. The proposed use should not have an adverse influence on the subject property or the surrounding neighborhood as the structure is large enough to accommodate the number of users. Proposed use should not have adverse impact on traffic as adequate parking is available. No short-term rentals in thary have been cited as a nuisance. D there are no other short-term rentals within the required 600-foot buffer and concentration of short-term rentals in 1,000 feet of the subject property is less than 2% e: there is no record of short-term rental compliance issues with the applicant and f: all necessary public services and are adequate for property posed uses. This recommendation of approval is made subject to the following conditions: short-term rental use shall be established in accordance with the submitted application materials and site plan. 2: occupancy of the short-term rental shall be mimented to no more than six individuals. 3: all necessary permits and/or approval shall be obtained from the division of revenue and planning prior to commencements. Use including a business license, special fees license and zoning compliance permit and 4: conditional use permit shall be null and void upon a change in ownership or if the special license fee as regulate willed by the division of revenue and section 13 of the code of ordinances lapses or is revoked and I'm happy to answer any questions you MAY have. any questions for staff? Thank you. >> thank you. Applicant please step up. Any additional comments? >> no other than they're meeting all city requirements as mentioned and she said six guests max. Off street parking they do not plan to use. Plenty of parking between the two car garage and two cars in the driveway. They're trying to make it, of course, to where it's not a nuisance to the community and, yeah, that's all ai've got. >> could you state your name for the record. >> mark musko and my address is 3605 hidden pond road, lexington. how do you put six people in two bedrooms? >> the ratio is typically two in each plus two. Opposition speakers? Would you like to come up? Please state your name and address for the record? Three minutes for dom scenario. >> per person I don't know if you want to see this close up. >> so a couple things I want to make sure and mention to the board big thing is parking and streets and roads that we have. What currently is most of our roads, you can kind of -- so I can get this thing to work. You can see on the roads here, all these roads are between 15 and 18 feet wide. So we can barely tbit number of cars that are already in there. So we actually have a problem with the fire department trying to get their areas through that area as well as the garbage trucks when we have parked cars. So especially where he is right up in here. We have a blind corner up in here and they have a tendency to park in here and that causes a problem with the garbage trucks with the emergency vehicles we have definitely had that big problem. Everybody says we got adequate parking. We really do not have adequate parking because of the restrictions of the developer. It was a private development first and annexed to the city and they accepted the roads the way they were so the other condition we have as well is as you can see on these roads, these are all one way roads because of the 18-foot restriction that we have on there every time we get something new hoo here, including amazon, ups, fedex. Uber, you can name it, grubhub. When they come in here they have a tendency to go this way because the way, they can't see the street signs. The street signs blend in with the whole entire landscape so we can't tell. They cannot tell that there is one way. It is not really properly spelled out as a one way. It says keep right. It doesn't say one way. So I've got a problem with streets and roads on that. But the problem is, when we get new people in here, they also want to have a tendency to go this way. This is a blind corner and this is a blinds corner and we have had several numerous possibilities of accidents that have occurred in there that I have actually witnessed in there myself because people drive too fast. This is a 25 miles per hour speed limit area but it needs to be demoded down to a 10 miles per hour speed limit just the way it is. So that's kind of my part with the parking and the situation. I think you want to cover the other parts? >> my name is lynn witson, apologize for my voice today. I live at 1036 lake front drive right flex door to the proposed airbnb. I know john touched on the parking. I wanted to talk about a couple of things. One concern is noise. There are five walls between the units but they are not sound proof at all,we have had issues with loud renter in the past. And don't really wish to repeat that I believe the application is for six people, six occupants in the dwelling. I believe I saw that there will be no parties. I'm not sure how that is going to be enforced if he is not on the property and there are parties, problems with parking, the residents are left with no recourse other than to use city resources like calling the police to have cars towed or to file noise complaints a waste of resources that we don't need to Secondly, I'm a little concerned about precedent. If this is approved, what is to say that other owners in the same neighborhood won't do the same thing and we turn into a bunch of transient airbnbs instead of the quiet neighborhood it is surprisingly quiet where we are and a lot of us have lived there for a long time. And we appreciate the quaintness of our community and I believe that the benefit of one owner is outweighed by the potential issues that could be caused for the other 40 plus residents and owners of the properties. Thank you for your time. thank you. >> good afternoon, I'm a resident of 3405 spring lake drive and current board member for about five years. I am the person in the group that takes care of our insurance and each year when we renew in talking with our carriers, that's one of the first things that they want to know is if our community has short-term rentals. Of course they review with me continually statistically speaking, short-term rentals have much higher rates of claim and more severity claims than long-term rentals. Since we are an hoa and our dues are passed down to all of the members in the community, an increase of rates is going to adversely affect them. One of my concerns, also is five to 10 years ago we had one small property damage claim and we were dropped by our carrier. A liability claim is considered much more severe. And so losing our insurance could be extremely detrimental to the members of the community. They are not going to want to pay increased rates due to the business ventures of another. So I would ask the board to possibly consider that on our behalf. Thank you so much. thank you. >> hello, good afternoon. My name is andrea hunt, and I live at 3425 spring lake drive and I am also in opposition of the short-term rental. I understand where they are coming from for the need and I know previously you spoke of this is something that is very important in the community for short-term and I do agree with that in certain instances just not in this neighborhood. As you can see on the map, our neighborhood is very small and it has been spoken about parking and I know it has been said that street parking will not be used do you to ample street parking and the drive driveway but if you notice on the driveway and garage, there is not a lot of room and a lot of those houses across that side have the same setup in terms of the garage and also the driveway and they still use on street parking and that is an issue for our neighborhood is the on street parking because we already, if you go to into our neighborhood around 5:00, when everyone is getting off work, you will notice that there is not a lot of room for vehicles to maneuver and also be able to park. So if you are saying that they're going to be at some point six people occupying this building, how do you control how many vehicles they are bringing. If they're bringing more than four vehicles where will those vehicles go because then everybody that is already living there permanently does not have a place to park and then also, how do the residents handle that issue when we have no where to park and we are permanent residents and we have nowhere to put our vehicles. I would love for the board to take into consideration of the setup of our neighborhood. Again, it is a one way and it is a very small community. It is a very tight knit community so adding in for lack of better word, strangers in on a regular basis, and also not having somebody on site to be able to regulate what is happening on site and leaving that to us, would be a detriment to our neighborhood. Thank you. thank you for your comments. Anyone else? Applicant, would you like to make a rebuttal? I also noticed on one of your letters that someone had mentioned access to the lake in the back could be a problem. Based on -- >> I am here representing the applicant. I don't know -- >> short-term rental applicants. Fimping in the lake in the back? >> would the people who are coming to the short-term rental be able to access the lake? >> access the lake? >> I don't honestly know. >> does it back up to the lake? Did it does not back up to the lake, no. The lake would be on the left side. This home is on the right side. >> the lake, when I went by there, it looked like the lake was in the front and the circle go goes around the lake. >> the sun would set over here, lake being right here. >> but you don't know if they would have access to it. You can raise the microphone up. >> as far as parking, all I can say is that they will definitely make it mandatory that the cars would be parked in the driveway or the garage and they can add guidelines that people need to be quiet, especially after And that the property manager does live locally. So he can force these, if that is needed. Enforce these. >> I have a couple of questions. >> please. >> so, is there a parking garage or is there a garage on this and it's double? >> it is a two-car garage attached to this. >> as well as the driveway? >> yes. the driveway is a -- yes, two-car driveway as well. >> presumably you could park four cars? >> yes. >> noise this isn't necessarily a question for you, but the airbnb does have a hot line through the city that you can call to offer relief through that. That is expressly for residents to have support through. Airbnb also has that there. Same with no parties. The precedent -- so are you the realtor or whew or how are you... >> I'm the realtor. I represented them in the purchase of this dwelling, yes. >> from was any -- was there any deed restrictions on this for the community to be able to say no short-term rentals? >> I do not believe so, you didn't ask but the frequency of when this is representatived they are not looking to rent this out a lot. This will be occupied at certain points in time. The owner is in healthcare and will also be living on the property from time to time. >> it would not be compatible for a long-term rental? >> what do you mean? >> I'm asking why short-term rental versus long-term rental. >> that is the intent the vacancies not being long making the most sense for them, yes. >> who is the property manager going to be? >> austin sogstad he is part of the llc applying. >> is he located in lexington? >> he works in lexington at U.K. But lives in louisville and is planning on moving to lexington. >> if he is unavailable who is his back-up? >> don't have an answer to that just yet. >> if you are in louisville it's hard to be responsive. >> I think they that is a great question and they would be willing to hire a property manager that is immediate and local. Or property management company, if you will. >> but there is none in place right now? >> okay. >> I would address one reimbursement concern about there's worthies is going to create precedent for others to There is a radius that by this one being here it blocks out everybody else in your neighborhood from being able to do one. >> any other questions? Discussion? >> my concern too is and I brought this up before, but that they are sharing walls on both sides of that unit. They are wall to wall like she was talking about earlier and there is no parking I had to stop for a second to figure out which way to go and what to do. So if they are only going to have six people I don't know could you limit maybe the cars that come like to two or something like that? That is the main issue here is that and they have a nice little lake, I guess, out in the front. So that would be I don't know what the neighborhood's rules are concerning whose that is or who gets to do what there. but it would look like a nice place to go down to and hangout for a bit. >> I think the applicant would be open to absolutely limiting the number of cars as well if you think four is too many. Yes. >> because that seems to be we have 14 letters in opposition and the one thing that sticks out more than anything is the parking issue. Yeah. I've had to watch I like to stop and look for a second and I had to watch what I was doing. >> I understand. >> thank you. >> I personally don't find a problem with the parking knowing there's four cars I host short-term rentals myself. Oftentimes when there's somebody I have a two bedroom, two bath as well, the max is a family of six that comes in one or two cars instead of six individuals. And I live in a -- comanage a condo that you can tell your owner you can only have x amount of cars and that is something comes to be an airbnb rule for your guests. >> perfect. >> further questions? I have a motion, please? >> I motion to approve pln-boa- 2656, blama 2llc request for a conditional use permit for a hosted shormt rental in a townhouse r-1 t zone at 1032 lakefront drive. Based off the 4 conditions. >> I have a second? >> second. >> I have a motion and a second. No further discussion? Cast your vote, please. Your motion passed 4-2. thank you. >> thank you. >> last item on our agenda today under str applications the heard docket, pln-boa-26-66. Jon kevin baker. Unhosted short-term had rental >> planning services and this is the application pln-boa, 26-66 a request for a conditional use permit for an unhosted short-term rental in a r-ic zone at 262 albany road, council district 3. The subject property is located here. It's outlined in this image in blue this is it albany road that it fronts along. And then heather way intersects with albany road here. Here is a street view of the subject property. This is the home and this is the driveway that leads to the garage where they will be providing parking for the occupants. Here is the site plan for the property. The subject property is 0.22 acres in size and contains a single-family residence and a 1356 square-foot finished basement. It features three bedrooms and three bathrooms and they might be installing an egress window in the basement to allow in the future for a fourth bedroom, if they would reapply for a conditional use permit and they indicated that they would do that at a later date. It would allow for a maximum occupancy of eight individuals and the applicant intends to utilize the subject property for eight individuals. the staff report that you have in front of you is correct but I believe there MAY have been a difference on the agenda that listed it as six occupants but it is eight what they are requesting and what the calculation would allow for for this three bedroom property. Parking will be accommodated in the existing driveway and garage which should be sufficient to accommodate the parking demand based on eight people. Here is the short-term rental concentration map with the 600 foot buffer so we can see there are no other short-term rentals within 600 feet of the subject property and this map does state the concentration of short-term rentals within 1,000 feet is 0.0% there is one short-term rental located just on the 1,000 foot buffer line at 215, and that address point wasn't crossing that 1,000 foot buffer so it did not population on the information that that was included it is within the 1,000 foot area it results in a concentration within 1,000 feet This table summarizes the information it's located in block group three and that is identified as one of the top 10 census block groups in relation to displacement in lexington fayette county. Staff is recommending approval. It should not have an adverse influence on the property or the neighborhood as the structure is large enough to accommodate the users. The proposed use should not have an adverse use on traffic as adequate parking is available. No short-term rentals have been cited as a nuance. There are no other short-term rentals within the 600 foot buffer and within 1,000 feet of the subject property. There is no issue with compliance with the applicant and all public services and facilities are adequate for the proposed use. In this recommendation of approval is made subject to the following conditions. One, the short-term rental use shall be established in accordance with the materils and site plan. Occupancy shall be limited to no more than eight individuals. All necessary permits and approvals shall be obtained from department of revenue, including a business license and a zoning compliance permit and the permit shall become null and void on change of ownership or as the license fee in section 13 of the code of ordinances lapses or is revoked. With that I can answer any questions that you MAY have. >> any questions for staff? The applicant come forward, please. >> thank you. >> state your name for the record. >> jon kevin baker, 262 albany road. >> and you are the owner of the property? >> yes, sir. >> staff has recommended approval and are you aware of the conditions? >> yes, sir. >> you're agreeable to those? >> say it again? >> you're agreeable to those? >> yes, sir. >> any comments that you wish to make on top of what staff has said on your application. >> yes, I have a presentation that I prepared. Before I dive in I want to mention that I do have more information to offer than what I have with me today I wanted to try to keep this as brief as possible while still doing it justice. I didn't know how much on signatures I would have. So I tried to strike a balance, I think I have this at 15 minutes. I have more information to offer including a lot of information that I know the board probably used when they the city made the decision about short-term rentals in general there is great research out there including peer reviewed research that supports the position that I'm going to take today. If anybody is interested in anymore information, everybody has my contact information, I'm talking about my maybes they have my contact information I would be happy to supply additional information and answer any questions. Last week, I delivered a letter of good faith to all 80 of the neighbors that received the notice letter from the board of adjustment. My letter was intended to give them reassurance and describe how I plan or prevent and address problems related to my short-term rental I did it to show I'm committed to being a responsible host with intent to keep the peace and quiet neighborhood. My neighbors concerns are legitimate in the sense that we should all be skeptical about something that doesn't look or feel right until we have done due research. I empathize with their fears. Because I was skeptical of short-term rentals myself 10 years ago when I first started doing my research. And I have been researching this for 10 years. As it turns out my neighbors with many or lexingtonnians are concerned about something that according to the data, rarely happens in real-life unless and this is important, unless the short-term rental host is not knowledgeable, not responsible, neglect jnt or uncaring. The facts simply don't support our worst fears. Today I hope to help everybody separate the fears from the facts. And I want to start dive in to this and like just stare into the heart of the beast because I want to use the win mere road incident of 2023 to cut into the heart what is on everybody's mind. It's also important because it's right off of our street. Windamere road comes off of albany road this is an important incident and everybody is thinking about this. This incident occurred on 10-22-23 in the house located at 3013 windamere road. Approximately 100 people squeezed into this inadequately small house, cars lined up and down the street. Things escalated the party started hopping and then at 3:00 A.M., a gun fight occurred. Over 50 shots were fired. three injured victims went to the hospital. There was a hollywood style car chase complete with more gunfire unand down our neighborhood streets. This was a bad time. But is this really normal for a short-term rental? That's the question that I want to ask today. The herald-leader report on this incident quoted neighbors as saying this is the first time things have ever gotten out of hand these are people that live next door and across the street. Neighbor rene buckles on that street said the home where the incident occurred has been a short-term rental for years and nothing like this had ever happened. News reprted neighbors said the short-term rental property has never caused a disturbance in the past. The mayor's office has a youth violence prevention program called one lexington. The director of one lexington is davyne karam ma. He told the herald-leader that the circumstances of the windamere shooting were rare and he wasn't saying rare for short-term rentals he was saying rare in general. And he tells residents not to be concerned about further threats. The takeaway from this is that incidents like this are extraordinarily rare even among hosts and this is important, even among hosts who are not taking proper precautions. Like the host on windamere road who obviously was not monitoring the property. I mean that host allowed a peaceful home to be turned into a 48 hour party house. So if there had never been any disturbances to the neighbors the an str property where the host isn't paying attention 40u67 more rare would it be if I do take proper precautions? Last week I adecided to talk to the people that know the answer to that question. I first decided to investigate the 4 strs that are closest to my house. I called the lexington police department who showed me the public records that list incidents at these four properties. I ran a query on the last two years on these properties. I could have gone back further and again I wasn't sure how much opposition I was going to get and two years is not a bad indicator. In the last two years of these properties 101, 103 green breyer road a duplex no reports in the last two years. 216 sandal drive no reports. 309 san cal drive no reports in the last two years. 24 heather way, no reports in the last two years. I drove to the properties and knocked on the doors of the neighbors living next door I found someone at home next door to three of the four houses I asked what it was like to have an str next door to them and were there any problems? For the property at 101 and 103 green breyer I speak with the owner at 102 said the str guests have always been quiet and no problems. For the property at 2044 health earth way I spoke with the homeowner and she estimated the str had been in operation next door to her for four to five years. I asked her how she felt having an str next door and she slugged and described indifferent. There have never been incidents she is at home most nights and goes to bed early because she has an early morning job. There have been a handful of times with guests in the backyard being noisy. When I probed for tales see said those were typically game day gatherings for U.K. Games and were not wild parties. Now, that is an important detail because it means that str was being rented out to locals which I have already decided not to I'm not going to have locals as a general rule. For my str. Most importantly she confirmed that these guests knew to quiet down after 10:00 P.M. I was careful to ask her twice to confirm that you are saying there was no noise after 10:00 And she confirmed that and said that they didn't require any prompting from her. They just quieted down at 10:00 P.M. Without her having to go knock on the door or do anything they calmed down at about 10:00 For the property at 309 sandale I spoke with the homeowner at 307 he estimated that the str next door has been in operation for about five years, with no problems even though his bedroom is located on the side of his house that is next to the str. Which so he can hear. he is in a position to monitor what is going on. He went on to say that the host checks in with him to confirm there have been no issues. Several years ago something important happened that many of my concerned neighbors were not aware of. A neighbor on our street operated an unhosted str right on our block on my brock on the 200 block of albany for over a year without incident there were no disturbances I'm thinking what better way to prove what I'm doing is safe than with the fact it's been done and successfully that few knew it was happening while it was happening. I didn't know it was happening though I can see that house from the picture window of my house. This person wants to remain anonymous so I will not share names but people in the room know who I'm talking about and my question is if my str is designed to cause -- if my str is destined to cause trouble for my neighbors why was this person able to run an str for over a year on my block without anybody noticing? I am a member of facebook group dedicated only to str hosts. This is a group where str hosts meet to talk about their business. I posted a survey question last week and direct to do only the hosts who do not live in or on the property that they are renting. I'm putting emphasis on that. So this is what we call unhosted strs the type that I will be operating. My question to these hosts was how many of your guests cause disturbances for your neighbors? I asked them to answer either numbers of incidents or in terms of percentages. I received 13 responses that qualified as an apples to apples comparison to my situation which includes again, they don't live there, they are off the property. So they can't be in the house watching what is going on. Here are the 13 responses I got. Zero. Never. One time in six years of hosting. Nearly zero. One guest out of 150 guests. Pretty much nil. Never had a complaint in 10 plus years. Twice in six years. One out of 30. None. One in hundreds. And finally only one in 250 guests over a five-year period and no neighbors complained because I had it resolved in 15 minutes. All of these hosts agree that the reason their guests do not disturbance their neighbors they know how to screen their guests. They know how to monitor and control guest behavior once the guests have are arrived and they know how to nip a problem in the bud when it does arrive. What are these hosts doing specifically that makes this work? >> MR. Baker, this is probably out of place for me I was hoping to hear more about your project. We'll sit and listen to you and advocate why you've been slated for approval. I will give you a pro tip the longer talk about advocating for short-term rentals the more of us fall asleep if you want to keep talking it's fine. I don't think it's going to help or hurt you. You ought to hear from opposition and they will give you a chance to rebut. I think we got it. >> okay. Yeah. Well, I'm not really trying to defend it to you I'm trying to be sensitive to the people on my street. I've lived here since I was eight years old people on the street were here when I was a child. I'm trying to calm their fears. Why don't I do this, I tell you what I have left and let me know whether you think it's something I should share. And I can I was getting ready to shift gears and talk about the precautions that str hosts can take to make sure things go well I have a section on that. If you don't think that is necessary, I can skip that. >> I personally don't think so. You are talking to a group that has seen dozens and dozens and dozens of short-term rentals. Like when you have kids we've seen. You are welcome to continue your discussion but personally I'd like to hear from opposition and we will give you a chance to rebut that. >> again, I'm offering this information to anybody who need it is at their request they have my contact information and how to get ahold of me. let me see if there's anything else that might be worth sharing. I'll just say cover one other section here rnghts and that is to set the expectation for how many incidents or disturbances should be tolerated. I just wanted to say I am putting a lot of money, effort and time, and so I'm not going to shut the operation down the first time anything goes wrong I will be looking for two years. Patterns of the same problem being repeated over and over again that I am able to determine are out of my control and have no solution and which cause a level of disturbance that most people agree would be unacceptable. Various unrelated problems that are not patterns of the same problem but frequent enough to lead me to brief that my str causes too many kinds of problems that are most disturbing that neighbors feel is acceptable in a neighborhood setting. It's probably important to set the expectation that I will make a couple of mistakes in the first year or so this is my first rodeo and I MAY have to learn lessons by experience f we have one or two incidents it doesn't mean this is the way things will be on a permanent basis. I'm certainly going to live and learn. And then I will just close. I want to ask everybody to bear in mind I'm not some millionaire mogul who used pocket change to scoop up a house to fatten his wallet. I have a reason to manage this str correctly that no faceless corporation or entrepreneur ever has and that is the fact this is my childhood home. No one is going to come in my home and abuse the privilege I have given them and disturbed my neighbors since I have known as a young boy and disturb the neighborhood I grew up. I know my rights I have been given assurances if someone is disturbing the peace or damaging my home or violating airbnb's restrictions on the written contract that we signed I can have them removed from my property in no more time than it takes them to pack their bags and leave. I care about my neighborhood and neighbors if I cannot run a short-term without causing ongoing problems I will shift to a different business models there are some things in life more important than money, love, healthy relationships, being a good neighbor and a good citizen and that is what I am. Thank you. >> thank you. >> I have a question. You indicated your address was the same as the str that you are requested. So I'm confused where you are living? >> I live in the house now. I live in the house now. >> now -- >> my plan is to move out of the house where I get to the point where I'm ready to do the unhosted short-term rental. Preparations need to be made in the home before. >> that was my point. >> thank you. You can sit down while opposition speaks. Opposition members, if you come up individually just state your name and address for the record and you will have three minutes. >> thank you I'm james todd porter I live across the street at 261 albany road. And let me begin by saying also my wife is here phyllis to the right. Let me say that we have lived at that location for 49 years. And I'd like to begin by saying albany road is not just another lexington street. Right now, it's become a cut through between two arthritises nicholasville and tates creek. So we have extensive amount of traffic at certain times of the day. Add to that that the glen over elementary school is one block away which means more bus traffic, also albany road is used for emergencies because the baptist hospital emergency room is nearby. Now, given this traffic, if you could imagine trying to back your car out of the driveway and having another car parked directly behind you. This is not something that MAY happen, it's something that's happened already with the two to three people who have been representing in the house you heard from. So I once went over to put a note on the window to ask them not to park in that position. I looked over in his driveway, no one was parked in his driveway. That has been his history. He explains to the people that come in that they must be out on the road and not in his driveway. So it's for his convenience that he puts them out on the road. So with two people and I think you saw the picture early that one car driveway explain to me how that can be reconfigured to hold six to eight vehicles? Impossible. Can't be done. If you will remember how narrow it was. Also, I will skip over a couple things. But the proposal that he is talking about is that going to benefit the neighborhood? It benefits one person, while damaging the property values of all the other homeowners there. Sorry. So we have on albany retirees, working families, new families, pushing carriages. We don't want that to be become a stranger hood and not a neighborhood. And the other concern we should address is proliferation and you maybe familiar already with kennewick neighborhood it has 41 legal short-term rentals and 11 illegal ones at least 11. That is not something we want on albany road. So obviously -- I'm sorry one other time. If you want to get an idea of what that looks like, kennewick with all of those short-term rentals, drive over some evening on alsoly avenue you will see traffic parked on both sides of the road and you hold your breath when you pass a car hoping you don't lose your rearview mirror it is a mess and that is something we do not want to happen on albany road. obviously I oppose. >> are you about to wrap up? >> I'm finished. #eud's like to assume this record is kept for a while should there be an appeal later. Okay. Thank you, I appreciate it. >> thank you. Next speaker, please. >> name and address for the record. >> hi. I'm jane any lancaster. Thank you. I'm here not with all this I'm here mainly for my mother-in-law. She lived next door and actually we have a history with kevin and his family. They live there a longtime and we lived next door at 258 albany road. Grandma died at 97 years old and when she died she said promise me one thing and I said okay I'll try. Keep my home. Keep my home. She loved her home. I said okay I'll try and I tried and still trying because [Inaudible] It's in process of being completed. I have absolutely no desire or want to at 81-year-old widow my husband's been gone 17 years to live I live alone. And I really am a little bit more anxious as I get older. And it concerns me that I'm going to be having people next door to me that I do not know. Like I don't know you all never met you before. Glad I did today. You don't know me. I will never see you all again and this short-term thing is the kind of way that is. And I know y'all are great people but I don't know what is coming and going. And it's close to my house. These houses are little ranches you start up at the top, the yards are bigger the lots are bigger and the houses are bigger. As you come down to where I am on albany they have lots are smaller. It's perfect for a grandma. But when she died she left to to me I'm trying to keep the house going and so far I'm doing pretty good. I just want to say that maybe look at it this way... If you have a daughter that works at central baptist, and she wants a house and are you looking for a home and I'm going to have to put my home up for sale in eight or 10 years because I will probably need assistance, I will probably be in a nursing home who knows. This is the only way I could sell my home I'm going to live there. As of right now, my house is right here. I live next door is going to be this airbnb. Which is fine if kevin is on the property. My concern is when kevin leaves the property and they are going to be there though I have his number and I can call him I don't like to at that timele tale. And the house next to me is a rental. Here I sit between a rental and an airbnb and I need money to go into a nursing home and people will come into my home am i going to be able to sell my house? The value of my home is going to go down big time because of this situation. I don't see this lady ever selling her home. And I'm thinking kevin will always hold on to his home it was his family home as my mother-in-law lived there for many, many years. If you come to my house, and you come in you like the house. This is perfect for my daughter. Perfect for my daughter. Could you tell me about your neighbors? Sure. I love my neighbors cross the street. I love my neighbors behind me. I love the neighbors sweet as they can be they help me shovel my driveway. Last year when it was that hot. They've helped me lift up my garage door when the electricity goes off frequently. I can't lift up the door it's too heavy and they've helped me three times now. And they've got little doggies that they walk the block all the time. It's just a nice quiet little neighborhood that I love. When I die I hope before I die I die in a peaceful area. I want to be safe. I feel safe right now because kevin is there. When kevin leaves, all these people I don't know them I will never see them again. If I have an issue am I going to go to them? No I'm not. I'm asking that you all think about me, 81 years old living by myself trying to keep a house going for my mother-in-law. And just wanting to a peaceful life. The parking is hideous. It's hideous is all I can say. I've had parking in front of my house I've had to ask them to leave and I talked to kevin about it and he did handle it. He moved them away they are not there now but they are still there every once in a while. >> could you wrap up your comments? >> I sure will. I'm sorry. >> your time is up. >> that's all I had to say. Think about me if you live next door or your mom, wife, or family member lived in this home and you have a rental on one side and an airbnb on the other side at 81 years old. Be 82 soon. Thank you for your time. >> next speaker, please. >> good afternoon I'm hk kinkade. I live at 277 albany. >> you can raise that microphone >> did you get that? >> I live at 277 albany. You heard from folks that lived there a longtime. We moved in six years ago, 2020. And you know it's like almost a little bit bike mayberry. It is a nice neighborhood. You understand there is a lot of senior adults that live there and a lot of young families moving in. There is a lot of walkers during the day. There's kids riding their bikes and scooters. Motorized scooters and e-bikes which are becoming an issue but it's that kind of place where you would want to live. I have a couple questions. One, so we live in a single familiar residential zone r-ic. If we allow a business an airbnb to come in does that change our zoning and if not why not? It is a business? >> I'm having a throat issue, too. The zoning can only be changed by the urban county council. The concil did amend our zoning ordinance to allow for short-term rentals to occur as a conditional use. So you have to go through this process though it is in some regards by some people termed commercial it's a person living there temporarily. So it is a dwelling unit. >> but if it is an unhosted airbnb and it will be. >> someone is living there, though, temporarily right for two days or eight days or 20 days. >> they are not living there they are visiting. We know airbnb's and what is that for? For people that want to come in on the weekends. We live close to kroger field I imagine we are going to get a lot of out of towners and out of town college students coming in for games and things like that. Folks that are with the other team coming in they are looking for airbnbs a mile-and-a-half away we are a great place but they are not living there. They are staying the night. And I think that is what you're hearing from the anxiety from the residents that live there is that we've got those kind of folks. I know the staff recommendations they seem to be kind of all the same all the airbnb recommendations that are listed today all have a-f and they are all the same. I think the traffic issue is more of an issue than they thought based on the weekends. We have a lot of lawn service folks that come like MR. Porter said we have fire department, ambulances and people parking on the street and even though you can tell them not to, the first or second car pulls into a one-car driveway and the second and third car come up they will have to park on the street. So you can hear the anxiety from MS. Lancaster she is living next door and more than just three people that have come here today worrying about this. I think I know you got some letters. I think in opposition. M. Tucker was on top of that ta she has left. So I don't know how many letters did you receive. But I hope you would take those into account. I will be honest I feel behind the eight ball with you you are an airbnb short-term rental person you will be in favor of this already it seems like. I don't know if you would recuse yourself from the vote. But I feel like we were already one vote for with you. I don't mean that in to be a slam or anything, I appreciate you talking about you do short-term rentals and so I feel like we're a little bit behind with you. Don't know how that works out. Thank you for your time. Sorry it's been a long afternoon thank you. >> thank you for your comments. In response to your comment about MS. Tucker we've all got copies of the letters and we have all read them it's across the board. Thank you. Next? >> thank you. Long day. I got a couple questions first. >> state your name and address for the record. >> I'm barbara walledman ward I live at 341 albany. And we've lived there we moved there in 2001. We have a neighbor not far from us who just moved four weeks ago on to albany. And they moved from atlanta and they moved there because of the atmosphere on albany which is a busy road. Do you use it as a cut through? Come on. Everybody does. But at any rate my questions were once the unconditional use owner changes, what happens to that unconditional use? >> it's conditional meaning it's only allowed if the board of adjustment approves it. And if the property is sold or transferred, then the new user would have to come if someone were to live there is fine but if someone wanted to run a short-term rental they would have to come back through the same process. >> another question is is when I looked up this short-term rental it had on there and I'm assuming this is what MAY have been discussed about finishing his basement was 10 people living there with eight vehicles. That's what I read on your all's board of adjustments website about this. And so I looked I mean I looked at that and I see today where you have six people right now unless he finishes his basement and then he wants to go up, right? How many vehicles was he asking for? >> I think this is a unique hearing this is a public comment not necessarily public inquisition and public questioning. I'm just wondering because even if he has four cars in that driveway, and he has borders already, those people park on the street already because just like if you go to a party who wants to park in the driveway? Nobody. These people are going in and out. That is also. And I guess I'd like to ask the owner if the short-term rental that he can see from his house if that is still operating? Because if it is then it's within that zoning. >> again, this is more public comment than questioning the applicant. This is for you to have your say, but not. >>. >> well I'm asking the questions because they are relevant to us. And I did even call this morning to the board of adjustments to see if this is a done deal was it worth me coming in to ask? Because a lot of these do get just approved with your all's recommendations. The only other thing I'd like to mention is it is an emergency route. We get plowed before everybody else. So we didn't have trouble when the ice came. But with the buses, with the ambulances, 10 to 12 ambulances going up and down and with people more people parking on that street. Also his house is in tront of a fire hydrant. And also in tront of a front of a that intersection is extremely busy especially when people are cutting through in the morning, going to school, and also in the evening. So it really his driveway is not appropriate for having more really than two vehicles. Thank you. >> I will address your question. We never know if it is a done deal until we vote on it. >> that is what the person told me on the phone. But, even my husband said you know, barbara this is probably a losing battle which, I guess, frustrates the neighbors. Is do we are we looked at as people? Or are we just looking at a piece of property but everybody's property affects everybody. >> I will help with that. It's not board of adjustments is simply here to carry out the wishes of accountable. They come up with the ideas and the ordinance and they pass it to us and say look short-term rentals has to check these boxes and those boxes are on the board. It's not that it is a deed restricted property or there's traffic or parking issue there is say safety you don't need your neighbors those are not things that the council said if you don't know your neighbors you can deny the short-term rental it's specifically these things. Right now the criteria says there is a density issue, a distance between properties have they had certain complaints or are they operating illegally and things like that we can deny for that. We can't deny because there's kids playing in the neighborhood or you don't know your neighbors. The best thing for you guys to do because we're bound we are put in a pigeonhole. The best thing for you to do is to become extremely close and familiar with your councilmembers and voice the concerns there. We are just not. >> we did. >> we like you so we're not going to do this. It's very specific criteria that we must follow. >> I know myself and other people that wrote letters here about write tom eblen our councilperson there were letters that went to him as well. We did do that as well. But I just don't want to be a box to click off. And that's all I'm asking. Is that you all just don't look at those and go check, check, check, check, and then here we are the people of lexington who are having to live there. >> thank you for your comments. >> thank you. >> I appreciate it. Any other speakers? Council any comments, discussion? >> well, I will do the same thing I did to the last application. There are 13 correspondences that were submitted to the file as linda would say for other folks. Public right-of-way is public right-of-way. That is owned by 323,000 people that is not owned by your neighborhood. If you want it to be owned by your neighborhood you need to own it. But that is public why you have city services that are there to plow the road if the ambulances need it. Anybody can park there that is not for your and your curb you own everything from the curb to the back of your property. And we have a discussion here quite often about how do we try to contain as much of this on-sites but that is public. That is the same way that you can't go to somebody in the park and say that is my bench get off. Damages to the property value. We often hear this raises property values in neighborhoods that is why we're sensitive about census tracts that those that is one of the qualifications that are saying that is why we have to be sensitive in these certain census tracts. Illegal if there are illegal airbnb's revenue has software to manage that. >> no. >> an airbnb verifies all with driver's license. This is the same way they do background checks something you can get banned from the thick. I will ask applicant the same question. Why are you doing this? Why do you want it? If you want it to be a long-term rental versus midterm rental? That serves people in central baptist 30 days and up. There are different business models you can take but it's heads and beds and that is why it qualifies as residential. >> all right. Our discussion period is over. >> I'd say I have some points if you don't mind. What I want you all to understand and this is important. If I were you, I'd be doing exactly the same thing. I understand. I understand your neighborhood. I understand my neighborhood. We don't make the ordinance. We take the ordinance and say all right this is what the ordinance says and this is the basis on which we have to make decisions. I can't remember ever in my old six or seven years, I don't know how long I have been on this board, a neighborhood saying oh, we love strs. Nobody loves strs. And so there was a point where we had no restrictions or -- few restrictions on saying to people no, we're going to approve this because but we went back to the council and said you have got to tighten this up. And they did that. and so now we have restrictions that we can use. But at the same time, what we can't do is say to a neighborhood you come to us and say we don't want an str in our neighborhood or our next door. I wouldn't either. But we are the board of adjustment and we take your comments very seriously because we do understand. We also take the law as being important and the council makes decisions about what is right for this city for whatever reasons. And then we take that and we use it we modify it if there are reasons we should and we try to make a decision that is right for the city and the responsibility they have asked us to assume. And that's where we are. And so you'll find the record to be such that most of the time if the application fits the law, we've almost always have to accept it. And that's where we are. And that's where you are. I said this once and probably I shouldn't say it again but if it was up to me we wouldn't have any strs in town. It's not up to me. But when I go to new york city and visit my son who lives there, what do I do? I do an str. Although I will say this... New york city has banned strs as of two years ago. So I shouldn't have said all that. Thank you. >> any other discussion, comments? >> I don't think it would be appropriate I don't think it's going to change anything. >> MAY I have a motion, please. >> I will make the motion I will be the bad guy. For I move for approval of pln-boa-26-66 jon kevin baker's request for a conditional use permit in an unhosted short-term rental at property located at 262 albany road, council district 3 based on the staff's recommendation and the four conditions as listed. >> to be clear, MR. Clark one of the conditions in there was a discrepancy between the agenda and the staff report on the number of occupants in one of those conditions. And the staff report had eight and the agenda had six. So your motion is for? I want to be clear when I take a vote that you are referring to that condition? >> these are the correct conditions. So this says eight on the overhead. Because they have three bedrooms plus two. >> but your agenda says six so I want to make it clear for your vote that is the condition you adroppedding. >> the motion is for eight residents? >> subject to the conditions specified for eight occupants. >> yes, thank you. >> can I have a second, please? >> second. >> I have a motion from MR. Clark second from MR. Pursely. Any further discussion. Please cast your vote. Thank you. you've been approved. Any staff items need to be presented at this time? >> I appreciate the minutes coming through. Thank you for that. >> with no further discussion or anything to be brought up our next meet something OCTOBER Council chambers. No further business, meeting's adjourned.