Board of Adjustment Hearing

Summary

Meeting Overview

The Division of Planning Planning Services Section Board of Adjustment convened on January 13, 2025, at 1:34 PM in the Council Chambers at 200 East Main Street, Lexington, Kentucky, with Vice Chair Branden Gross presiding. The board worked through 10 agenda items consisting of one variance request and nine conditional use permit applications. Of the 10 items heard, nine were approved and one — the conditional use permit application from Crestwood Rental Property 4, LLC — was denied. Over the course of the meeting, the board conducted 13 motions and votes and heard 6 public comments.

Attendance

Seven board members were present at the January 13, 2025 meeting:

• Raquel Carter *(arrived late)*
• Harry Clarke
• Branden Gross
• Bob Sturdivant
• James Persley
• Linda Tucker
• Chad Walker

No members were absent. All seven members were in attendance, with Raquel Carter joining after the meeting had begun.

Votes and Decisions

The Board took the following actions at its January 13, 2025 meeting:

• Minutes Approval – Bob Sturdivant moved, Harry Clarke seconded, to approve the minutes from September 9, 2024 and October 14, 2024. Passed unanimously, 6–0. 19:42

• PLN-BOA-24-00209 – 185 Walton Ave LLC (Postponement) – Harry Clarke moved, Chad Walker seconded, to postpone this application. Passed unanimously, 6–0. 22:22

• PLN-BOA-24-00208 – Hoop Dreamers (Conditional Use Permit, Childcare Center) – Branden Gross moved, Linda Tucker seconded. Passed unanimously, 7–0. Condition: days and hours of operation limited to Monday through Friday, no earlier than 7 a.m. and no later than 6:30 p.m. 40:03

• PLN-BOA-24-00218 – Austin Brashear (Conditional Use Permit, Indoor Live Entertainment) – Harry Clarke moved, Chad Walker seconded. Passed unanimously, 7–0. 42:47

• PLN-BOA-24-00186 – Kim Bragg (Variance, Front Yard Setback Reduction) – Harry Clarke moved, Linda Tucker seconded. Passed unanimously, 7–0. Condition: construction shall conform to submitted application materials and the revised site plan depicting the alternate driveway design presented at the January 13th meeting. 52:42

• PLN-BOA-24-00127 – Lola's Lovely Rentals (Conditional Use Permit, Un-Hosted Short-Term Rental) – Harry Clarke moved, James Persley seconded. Passed unanimously, 7–0. 1:07:52

• PLN-BOA-24-00193 – Elizabeth Otis (Conditional Use Permit, Un-Hosted Short-Term Rental) – Harry Clarke moved, Branden Gross seconded. Passed unanimously, 7–0. 1:16:26

• PLN-BOA-24-00221 – Anne E. Rouse (Conditional Use Permit, Un-Hosted Short-Term Rental) – Harry Clarke moved, Bob Sturdivant seconded. Passed 5–1–1. Voting in favor: Raquel Carter, Harry Clarke, Bob Sturdivant, James Persley, Chad Walker. Voting against: Linda Tucker. Branden Gross abstained. 1:23:43

• PLN-BOA-24-00196 – Jamie Day (Conditional Use Permit, Un-Hosted Short-Term Rental) – Branden Gross moved, Harry Clarke seconded. Passed 4–3. Voting in favor: Raquel Carter, Harry Clarke, Branden Gross, James Persley. Voting against: Bob Sturdivant, Linda Tucker, Chad Walker. 2:09:38

• PLN-BOA-24-00213 – Stephen Gordon (Conditional Use Permit, Un-Hosted Short-Term Rental) – Harry Clarke moved, Chad Walker seconded. Passed 5–2. Voting in favor: Raquel Carter, Harry Clarke, Branden Gross, James Persley, Chad Walker. Voting against: Bob Sturdivant, Linda Tucker. 3:14:10

• PLN-BOA-24-00216 – Albert Kurtz Jr. (Conditional Use Permit, Un-Hosted Short-Term Rental) – Harry Clarke moved, James Persley seconded. Passed 5–2. Voting in favor: Raquel Carter, Harry Clarke, Branden Gross, James Persley, Chad Walker. Voting against: Bob Sturdivant, Linda Tucker. 3:29:35

• PLN-BOA-24-00220 – Crestwood Rental Property 4, LLC (Conditional Use Permit, Un-Hosted Short-Term Rental) – Harry Clarke moved, Bob Sturdivant seconded a motion to disapprove. The motion failed 4–3. Voting in favor of disapproval: Raquel Carter, Harry Clarke, Bob Sturdivant, Linda Tucker. Voting against: Branden Gross, James Persley, Chad Walker. 4:00:39

• PLN-BOA-24-00219 – Mazuna LLC (Postponement) – Harry Clarke moved, Bob Sturdivant seconded. Passed unanimously, 7–0. 4:01:11

Public Comment

Six members of the public addressed the Board during the January 13, 2025 meeting, with comments focused on two separate short-term rental requests.

Alex Naramore's Short-Term Rental

Four speakers commented on this item:

• Daniel Albertson spoke in support of the request, pointing to the property's strategic location and arguing it would have minimal impact on parking. 1:34:04
• Faith Harters opposed the rental, raising concerns about traffic and noting that nearby group homes already contribute to existing parking problems in the area. 1:36:49
• Evelyn Knight also opposed the request, expressing concern that short-term rentals bring a transient population that undermines community building. 1:39:35
• Mark Klar opposed the rental on the grounds that a concentration of Airbnb-style properties negatively affects neighborhood character. 1:41:39

Albert Kurtz Jr.'s Short-Term Rental

Two speakers commented on this item:

• Roxanne Lacks, representing the North Point HOA, opposed the request, citing deed restrictions that she stated prohibit both commercial properties and short-term rentals within the community. 3:19:58
• Karen O'Hare spoke in support of the rental, noting that tenants have behaved well and that parking at the property is adequate. 3:22:04

Overall, opposition comments centered on concerns about parking, traffic, neighborhood character, community cohesion, and deed restriction compliance, while supporters emphasized minimal neighborhood impact and positive tenant conduct.

Appointments

The Board made the following appointments during the January 13, 2025 meeting:

• Raquel Carter was appointed as Chair.
• Branden Gross was appointed as Vice Chair.
• Linda Tucker was reappointed as Secretary.

Contested Items

Several short-term rental (STR) applications generated disagreement at the January 13, 2025 Board meeting, with votes split and community members raising objections across multiple cases.

• Jamie Day's Short-Term Rental: This application was among the most closely contested of the meeting, passing on a narrow 4-3 vote. Notably, the Board approved the request despite staff's formal recommendation for disapproval, indicating a significant divergence of opinion between Board members and staff on the merits of the application.

• Stephen Gordon's Short-Term Rental: The Board approved this application by a 5-2 vote. While the outcome was less close than the Day application, the two dissenting votes reflect that community opposition to the request was a factor in the deliberations.

• Albert Kurtz Jr.'s Short-Term Rental: The Board approved this application over the objections of the local HOA, which raised concerns about deed restrictions it argued would prohibit the short-term rental use. The Board's decision to approve despite those objections made this item a point of contention between the applicant and the surrounding community's organized representation.

• Crestwood Rental Property 4, LLC's Short-Term Rental: This was the one contested application that resulted in disapproval. The Board denied the request citing a high concentration of existing STRs in the area, as well as community concerns about housing affordability. This outcome reflected the Board's willingness, in at least some circumstances, to weigh neighborhood-level impacts and affordability considerations when evaluating STR applications.

Taken together, these four items illustrate an active debate at the Board level over how to balance property owners' interests in operating short-term rentals against staff recommendations, HOA deed restrictions, neighborhood density concerns, and broader housing affordability issues.

Kim Bragg variance request

Case No. PLN-BOA-24-00186 52:42

Kim Bragg appeared before the Board to request a variance that would reduce the required front yard setback in order to pave a circular driveway on her property.

Bragg presented her case to the Board, seeking relief from the standard front yard setback requirement. The specific reduction she originally requested would have allowed the circular driveway to encroach closer to the front property line than current regulations permit.

After discussion of the request, the Board opted not to grant the full variance as submitted. Instead, the Board approved a lesser variance, reducing the required front yard setback to 18 feet — a compromise that accommodated the driveway project while maintaining a greater setback distance than Bragg's original request would have allowed.

The variance was approved.

Hoop Dreamers Conditional Use Permit

40:03

The board took up agenda item PLN-BOA-24-00208, a request by Hoop Dreamers for a conditional use permit to establish a childcare center.

Mike Scott was identified as a key speaker during this item. The board discussed the request and considered conditions related to the proposed operation.

The board ultimately approved the conditional use permit, with conditions placed on the facility's operating hours.

*Note: Additional details regarding the specific operating hour conditions, any concerns raised during deliberation, and the full scope of the presentation are not available in the source data for this item.*

Austin Brashear Conditional Use permit

42:47

The board took up agenda item PLN-BOA-24-00218, a request by Austin Brashear for a conditional use permit for indoor live entertainment.

Austin Brashear appeared as the key speaker on this item. The structured data available for this agenda item does not detail the specific arguments presented, concerns raised, or conditions debated during the discussion beyond the nature of the request itself.

The board approved the conditional use permit with conditions.

> Note: The source materials for this item contain limited detail about the substance of the discussion, including what specific conditions were attached to the approval, what concerns — if any — were raised by board members or the public, and what supporting information Brashear presented. Readers seeking the full record of this item are encouraged to consult the meeting transcript or recording beginning at approximately the 42:47 mark.

Lola's Lovely Rentals Conditional Use Permit

1:07:52

The Board took up agenda item PLN-BOA-24-00127, a request by Lola's Lovely Rentals for a conditional use permit to operate an un-hosted short-term rental.

Stephanie Proffitt was identified as a key speaker during this item's discussion.

The Board approved the conditional use permit request, with conditions attached to the approval.

*Note: The available structured data for this item does not include details on the specific conditions imposed, the arguments or concerns raised during deliberation, or the particulars of what was presented. A fuller summary would require additional source materials from the meeting record.*

Elizabeth Otis Conditional Use Permit

1:16:26

The Board took up agenda item PLN-BOA-24-00193, a request by Elizabeth Otis for a conditional use permit to operate an un-hosted short-term rental. Elizabeth Brooke Mullins was identified as a key speaker during the discussion of this item.

The extracted data does not include details on the specific arguments presented, any concerns raised by board members, or the particular conditions attached to the approval. Readers seeking the full substance of the debate and the specific conditions imposed are encouraged to consult the meeting transcript beginning at approximately 1:16:26.

The Board ultimately approved the conditional use permit request, with conditions.

Jamie Day Conditional Use permit

2:09:38

The board took up agenda item PLN-BOA-24-00196, a request by Jamie Day for a conditional use permit to operate an un-hosted short-term rental.

Staff had recommended disapproval of the request, setting up a point of contention for the board's deliberation. Jamie Day was identified as a key speaker during the discussion.

Despite the staff recommendation against approval, the board ultimately voted to approve the conditional use permit, doing so with conditions attached. The record does not detail the specific conditions imposed, the precise concerns raised during debate, or the vote tally, but the outcome represented a departure from staff's guidance on the matter.

Notes on Available Information

The source data for this item is limited. Specific details about the arguments presented for or against the permit, the nature of staff's objections, the conditions attached to the approval, and the substance of any board member comments are not available in the provided record. Readers seeking the full discussion are encouraged to view the meeting video beginning at approximately the 2:09:38 mark.

Anne E. Rouse Conditional Use Permit

1:23:43

The Board took up case PLN-BOA-24-00221, a request by Anne E. Rouse for a conditional use permit to operate an un-hosted short-term rental.

Anne Rouse appeared as the key speaker before the Board, presenting her request for the permit. The Board discussed the application, including the conditions under which the permit would be granted. During deliberations, the Board determined that one of the proposed conditions should be removed, and it was struck from the approval.

Ultimately, the Board approved the conditional use permit with the remaining conditions in place, minus the stricken provision.

Stephen Gordon Conditional Use permit

3:14:10

The Board took up agenda item PLN-BOA-24-00213, a request by Stephen Gordon for a conditional use permit to operate an un-hosted short-term rental.

Stephen Gordon appeared as the key speaker presenting the request. The Board considered the application and heard discussion on the matter, which included some opposition to the permit.

Despite the opposition raised during the discussion, the Board ultimately approved the conditional use permit request, subject to conditions.

*Note: Additional details regarding the specific conditions attached to the approval, the nature of the opposition, and the full substance of the debate are not available in the provided record.*

Albert Kurtz Jr. Conditional Use permit

3:29:35

The board took up agenda item PLN-BOA-24-00216, a request by Albert Kurtz Jr. for a conditional use permit to operate an un-hosted short-term rental.

Albert Kurtz Jr. presented his request to the board. The application drew opposition from the property's homeowners association (HOA), which raised concerns about the proposed short-term rental use.

Despite the HOA's opposition, the board ultimately voted to approve the conditional use permit, subject to conditions.

*Note: Additional details regarding the specific conditions attached to the approval, the nature of the HOA's objections, and the full substance of the board's deliberations are not available in the provided source materials.*

Crestwood Rental Property 4, LLC Conditional Use Permit

Case No. PLN-BOA-24-00220 4:00:39

The Board considered a request from Crestwood Rental Property 4, LLC for a conditional use permit to operate an un-hosted short-term rental. A representative for the applicant appeared before the Board to present the request.

Following discussion, the Board disapproved the conditional use permit application. The primary basis for denial was the high concentration of short-term rentals already present in the area, which the Board determined made approval of an additional un-hosted short-term rental inappropriate under the applicable standards for conditional use permits.

The request was ultimately denied.