Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on October 9, 2023, at 1:30 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Raquel Carter presiding as the meeting officer. The board addressed five agenda items during the session, including four variance or conditional use permit applications and one ceremonial presentation. The board took four votes on the applications, approving three requests (PLN-BOA-23-00062 for Aaron Reedy, PLN-BOA-23-00065 for Deborah Burton, and PLN-BOA-23-00067 for Kate White) while denying one application (PLN-BOA-23-00066 for Dalton Stanley). The meeting also included a presentation of a resolution to a former board member and heard five public comments from citizens regarding the various applications under consideration.

Attendance

The following members were present at the meeting on October 9, 2023:

• Raquel Carter
• Harry Clarke
• Branden Gross
• Carolyn Plumlee
• Bob Sturdivant
• Linda Tucker
• Chad Walker

No members were reported absent or late for this meeting. All seven members were in attendance.

Votes and Decisions

The board considered four conditional use permit applications for un-hosted short-term rentals during the meeting.

PLN-BOA-23-00062 - Aaron Reedy's conditional use permit application was approved by a 4-3 vote 4:00. Branden Gross made the motion, seconded by Chad Walker. Voting in favor were Raquel Carter, Harry Clarke, Branden Gross, and Chad Walker. Voting against were Carolyn Plumlee, Bob Sturdivant, and Linda Tucker. The permit includes the condition that it becomes null and void upon change in ownership or if the applicant's short-term rental special fee license lapses or is revoked.

PLN-BOA-23-00065 - Deborah Burton's conditional use permit application passed by a 5-2 vote 6:00. Harry Clarke made the motion, seconded by Branden Gross. Supporting the application were Raquel Carter, Harry Clarke, Branden Gross, Chad Walker, and Bob Sturdivant. Carolyn Plumlee and Linda Tucker voted against. The same ownership and licensing conditions apply to this permit.

PLN-BOA-23-00066 - Dalton Stanley's conditional use permit application failed by a 3-4 vote 8:00. Carolyn Plumlee made the motion, seconded by Linda Tucker. Those voting in favor were Carolyn Plumlee, Bob Sturdivant, and Linda Tucker. Opposing the application were Raquel Carter, Harry Clarke, Branden Gross, and Chad Walker.

PLN-BOA-23-00067 - Kate White's conditional use permit application was approved by a 6-1 vote 10:00. Harry Clarke made the motion, seconded by Branden Gross. All members voted in favor except Carolyn Plumlee, who cast the sole opposing vote. This permit includes the condition that it becomes void if the applicant no longer owns or operates the short-term rental, or no longer occupies the adjacent property as their primary residence.

Public Comment

Five residents spoke during the public comment period, all addressing concerns about short-term rentals and their impact on the community.

Walt Gaffield 2:00 opened the public comment session by expressing concerns about the impact of short-term rentals on neighborhoods. He urged the board to consider neighbors' opinions when making decisions about these applications.

Kurt Zehnder 2:30 spoke in opposition to a specific short-term rental application. He cited concerns about the potential negative impact on the neighborhood and referenced issues with existing short-term rentals in the area.

Sarah Zehnder 3:00 raised safety concerns, specifically highlighting risks to children from increased traffic that would result from short-term rental operations in residential areas.

Lynne Flynn 3:30 discussed broader neighborhood impacts, focusing on how short-term rentals could negatively affect neighborhood character and reduce housing availability for residents.

Liz Ruh 4:00 concluded the public comment period by opposing short-term rentals based on their impact on affordable housing availability in the community.

All five speakers expressed opposition to short-term rental operations, with common themes including neighborhood character preservation, safety concerns, traffic impacts, and housing availability. The comments focused on both specific applications under consideration and the broader policy implications of allowing short-term rentals in residential areas.

Appointments

The board addressed one personnel matter during the meeting regarding the Board of Adjustment.

• Chad Needham resigned from the Board of Adjustment

This resignation creates a vacancy on the Board of Adjustment that will need to be filled through the standard appointment process.

Contested Items

The meeting featured significant community opposition regarding short-term rental permit applications. Several community members voiced concerns about the potential approval of these permits, expressing worries about the impact on neighborhood character and safety issues.

The disagreement centered on the broader implications of allowing short-term rentals in residential areas, with residents raising questions about how these commercial activities might affect the quality of life in their neighborhoods. Community members specifically cited safety concerns as a primary reason for their opposition to the permit approvals.

The structured data does not indicate the specific outcome of this contested issue or provide details about how the governing body responded to the community opposition. No transcript timestamps were available to reference specific portions of the discussion.

PLN-BOA-23-00062: Aaron Reedy

4:00

The board reviewed a conditional use permit application for an un-hosted short-term rental submitted by Aaron Reedy. This agenda item involved discussion of the permit request, consideration of public input, and evaluation of proposed conditions for approval.

Key participants in the discussion included: - Aaron Reedy, the applicant - Meghan Jennings - Branden Gross

The board examined the specifics of Reedy's application for operating an un-hosted short-term rental property. During the proceedings, board members discussed various aspects of the proposal and reviewed any public comments that had been submitted regarding the application.

The discussion included consideration of appropriate conditions that would need to be attached to the permit if approved. Board members evaluated the application against relevant zoning requirements and local regulations governing short-term rental operations.

Following their review of the application materials, public input, and discussion of necessary permit conditions, the board voted to approve the conditional use permit for Aaron Reedy's un-hosted short-term rental request.

The approval allows Reedy to proceed with operating the short-term rental property subject to the conditions established by the board during their deliberations.

PLN-BOA-23-00065: Deborah Burton

6:00 The board reviewed application PLN-BOA-23-00065 submitted by Deborah Burton requesting a conditional use permit for an un-hosted short-term rental.

Key Speakers: - Deborah Burton (applicant) - Meghan Jennings - Harry Clarke

The discussion centered on Burton's request to operate a short-term rental property without on-site hosting. The board examined the application details and considered public comments that had been submitted regarding the proposal.

During the review process, board members evaluated the application against applicable zoning requirements and conditional use permit criteria for short-term rental operations. The discussion included consideration of the property's location, potential impacts on the surrounding neighborhood, and compliance with local regulations governing un-hosted rental accommodations.

Public input was incorporated into the board's deliberations as they assessed whether the proposed use would be appropriate for the specific location and compatible with existing land uses in the area.

Following their review of the application materials, public comments, and discussion of relevant planning considerations, the board voted to approve the conditional use permit for Deborah Burton's un-hosted short-term rental request.

The approval allows Burton to proceed with operating the short-term rental property under the terms and conditions established in the conditional use permit, subject to ongoing compliance with local regulations governing such facilities.

PLN-BOA-23-00066: Dalton Stanley

8:00

The board considered a request from Dalton Stanley for a conditional use permit to operate an un-hosted short-term rental. This agenda item III.C.3 involved discussion of the application and its potential impacts on the surrounding neighborhood.

Key speakers during the discussion included: - Dalton Stanley, the applicant - Meghan Jennings - Carolyn Plumlee

The board raised significant concerns about parking availability and the potential impact on the neighborhood from the proposed short-term rental operation. These concerns centered on how the rental would affect local residents and whether adequate parking would be available for guests.

Following discussion of the application and consideration of the concerns raised by board members, the request was denied. The board determined that the conditional use permit for the un-hosted short-term rental should not be approved based on the issues identified during their review.

PLN-BOA-23-00067: Kate White

10:00

The board reviewed a request for a conditional use permit to operate an un-hosted short-term rental submitted by Kate White under case number PLN-BOA-23-00067.

Kate White presented her application to the board, seeking approval for the short-term rental operation. The discussion included consideration of the proximity of White's primary residence to the proposed rental property, which appeared to be a factor in the board's evaluation of the request.

Meghan Jennings and Harry Clarke also participated in the discussion, though the specific nature of their contributions was not detailed in the available materials. The board examined neighborhood concerns as part of their deliberation process, which is standard procedure for short-term rental applications that may impact surrounding residential areas.

The conditional use permit process requires applicants to demonstrate that their proposed use will be compatible with the surrounding neighborhood and comply with local zoning regulations. Short-term rental applications typically undergo review for factors including parking availability, noise considerations, and overall neighborhood character preservation.

Following their review and discussion of the application materials and any public input, the board voted to approve Kate White's request for the conditional use permit. This approval allows White to proceed with operating the un-hosted short-term rental under the conditions and requirements established by the local zoning ordinance and any additional stipulations the board may have imposed as part of their approval.

The approval of PLN-BOA-23-00067 represents the board's determination that the proposed short-term rental use meets the necessary criteria for a conditional use permit in the applicable zoning district.

Presentation of Resolution to former Board member

12:00

The Board presented a resolution recognizing Chad Needham for his service as a former member of the Board of Adjustment. Raquel Carter led the presentation of the resolution during this ceremonial agenda item.

The resolution formally acknowledged Needham's contributions and service to the Board of Adjustment, though specific details about the length of his service or particular accomplishments were not detailed in the available materials.

Chad Needham was present to receive the recognition, and the presentation served as an informational item with no action required by the current board members.

This type of resolution presentation is a standard practice to formally recognize and thank departing board members for their volunteer service to the community.