Board of Adjustment Meeting

Summary

Meeting Overview

The Lexington Board of Adjustment convened on February 10, 2025, at 1:34 PM in the Council Chambers at 200 East Main Street, Lexington, Kentucky, with Raquel Carter presiding. The meeting addressed 8 agenda items, all of which were conditional use permit applications submitted by various applicants. Outcomes varied across the cases: three permits were approved (Red Draw Liberty LLC, MB Construction LLC, and Goodpaster Property Group L.L.C. for 139 Garrett Avenue), two were denied (185 Walton Ave LLC and Goodpaster Property Group L.L.C. for 137 Garrett Avenue), one was withdrawn (Mazuna LLC), one was postponed (Newtown Springs LLC), and one was continued (Diocese of Lexington TR). Over the course of the meeting, the Board took 5 votes and heard 2 public comments.

Attendance

All seven board members were present at the February 10, 2025 meeting. No members were absent or late.

Present: - Raquel Carter - Harry Clarke - Branden Gross - Bob Sturdivant - James Persley - Linda Tucker - Chad Walker

Votes and Decisions

The Board took action on five items during the February 10, 2025 meeting.

• PLN-BOA-25-00008 – Newtown Springs LLC (Postponement): Harry Clarke moved, and Linda Tucker seconded, to postpone this application to the March 10, 2025 meeting. The motion passed 5–0 with 1 abstention via roll call vote. Voting in favor: Raquel Carter, Harry Clarke, Bob Sturdivant, James Persley, and Linda Tucker.

• PLN-BOA-25-00009 – MB Construction LLC (Conditional Use Permit): Chad Walker moved, and Bob Sturdivant seconded, to approve a conditional use permit for an un-hosted short term rental. The motion passed unanimously 7–0, subject to 4 conditions recommended by Staff. All members voted in favor: Raquel Carter, Harry Clarke, Branden Gross, Bob Sturdivant, James Persley, Linda Tucker, and Chad Walker.

• PLN-BOA-24-00209 – 185 Walton Ave LLC (Conditional Use Permit): Branden Gross moved, and Linda Tucker seconded, to disapprove a conditional use permit for an un-hosted short term rental. The motion to disapprove failed unanimously 0–7, with all seven members voting against disapproval: Raquel Carter, Harry Clarke, Branden Gross, Bob Sturdivant, James Persley, Linda Tucker, and Chad Walker.

• PLN-BOA-25-00005 – Goodpaster Property Group L.L.C., 139 Garrett Avenue (Conditional Use Permit): Branden Gross moved, and James Persley seconded, to approve a conditional use permit for an un-hosted short term rental at 139 Garrett Avenue. The motion passed unanimously 7–0, subject to 4 conditions recommended by Staff. All members voted in favor: Raquel Carter, Harry Clarke, Branden Gross, Bob Sturdivant, James Persley, Linda Tucker, and Chad Walker.

• PLN-BOA-25-00006 – Goodpaster Property Group L.L.C., 137 Garrett Avenue (Conditional Use Permit): Chad Walker moved, and Bob Sturdivant seconded, to disapprove a conditional use permit for an un-hosted short term rental at 137 Garrett Avenue. The motion to disapprove failed unanimously 0–7, with all seven members voting against disapproval: Raquel Carter, Harry Clarke, Branden Gross, Bob Sturdivant, James Persley, Linda Tucker, and Chad Walker.

No transcript timestamps were available for any of the votes recorded above.

Public Comment

Two members of the public provided comment at the February 10, 2025 Board meeting, both addressing the same agenda item.

• Zachary O'Connor spoke in opposition to the conditional use permit application submitted by 185 Walton Ave LLC. O'Connor raised concerns about the property's proximity to another unhosted short-term rental in the area, arguing that approving the application could result in non-compliance with applicable zoning regulations.

• Lauren Clem Murphy also spoke in opposition to the 185 Walton Ave LLC application. Murphy's concerns centered on parking, traffic, and what she characterized as an undue concentration of short-term rentals in the surrounding area.

No timestamps were available for these comments. Both speakers were unified in their opposition to the 185 Walton Ave LLC application, with their concerns collectively spanning zoning compliance, neighborhood parking and traffic impacts, and the density of short-term rental properties in the vicinity.

Contested Items

Two items on the February 10, 2025 Board agenda drew notable dispute during the meeting.

185 Walton Ave LLC Conditional Use Permit

This application for a conditional use permit faced significant opposition from community members. The concerns raised centered on two issues: the concentration of short-term rentals in the area and potential traffic impacts associated with the proposed use. Community members voiced their objections during the proceedings. The structured data does not specify the final outcome of this application.

Goodpaster Property Group L.L.C. Conditional Use Permits

This item involved a procedural dispute arising from the nature of the application itself. The Goodpaster Property Group L.L.C. had submitted conditional use permit requests related to two adjacent properties for short-term rental use. Due to zoning restrictions, the Board was required to choose between the two properties rather than approve both — only one of the adjacent parcels could be permitted for short-term rental use. The Board deliberated on which of the two properties to approve. The structured data does not specify which property was ultimately selected or whether either permit was granted.

Both contested items shared a common subject matter — short-term rental use — suggesting that short-term rental policy and its effects on surrounding neighborhoods was a recurring point of tension at this meeting. [timestamp: not available]

Mazuna LLC Conditional Use Permit

Case No. PLN-BOA-24-00219

This agenda item concerned a conditional use permit application submitted by Mazuna LLC for an un-hosted short-term rental. Raquel Carter was identified as a key speaker associated with this item.

The application did not proceed to full discussion or deliberation before the Board, as the applicant withdrew the request prior to action being taken. No presentation, debate, or formal concerns were recorded on the merits of the conditional use permit itself.

• Applicant: Mazuna LLC
• Request: Conditional use permit for an un-hosted short-term rental
• Outcome: Application withdrawn by the applicant

No further details regarding the reasons for withdrawal or any conditions that may have prompted it are reflected in the available record.

Newtown Springs LLC Conditional Use Permit

Case No. PLN-BOA-25-00008

The Board took up a request from Newtown Springs LLC for a conditional use permit related to drive-through facilities. Raquel Carter was identified as a key speaker on this item.

The application was not fully heard at the February 10, 2025 meeting. No detailed discussion, presentation, or debate is recorded for this agenda item at this session. The matter was postponed and will be taken up at the March 10, 2025 Board meeting.

Red Draw Liberty LLC Conditional Use Permit

Agenda Item: PLN-BOA-25-00002

The Board considered a request from Red Draw Liberty LLC for a conditional use permit to operate assisted living facilities and a medical clinic. Raquel Carter was a key speaker on this item.

Staff recommended approval of the conditional use permit, and the Board ultimately voted to approve the request.

*Note: Transcript timestamps were not available for this agenda item. Additional details regarding the specific discussion, any concerns raised during deliberation, and the full scope of the presentation were not captured in the available data.*

Diocese of Lexington TR Conditional Use Permit

Case No. PLN-BOA-25-00004

The Board took up a request from the Diocese of Lexington TR for a conditional use permit to operate a childcare center as an accessory use to a place of religious assembly. The item was presented as a discussion item, with key speakers Raquel Carter and Traci Wade participating in the review.

The application prompted further deliberation among Board members, particularly regarding enrollment limits for the proposed childcare center. Rather than reaching a final decision, the Board determined that additional discussion was needed to adequately address questions surrounding the scope of the permitted use — specifically, how many children would be enrolled at the facility.

As a result of the unresolved questions around enrollment limits, the item was continued to a future meeting to allow time for further review and discussion before a final determination is made.

MB Construction LLC Conditional Use Permit

Agenda Item: PLN-BOA-25-00009

MB Construction LLC came before the Board requesting a conditional use permit for an un-hosted short-term rental. Maria Alfonso was a key speaker on this item.

Staff recommended approval of the conditional use permit, subject to conditions. The Board considered the request and ultimately voted to approve it.

*Note: No transcript timestamp is available for this agenda item, and detailed information about the specific conditions attached to the approval, the property location, or any concerns raised during discussion was not captured in the available meeting data.*

185 Walton Ave LLC Conditional Use Permit

Case No. PLN-BOA-24-00209

The Board took up a request from 185 Walton Ave LLC for a conditional use permit to operate an un-hosted short-term rental (STR) at the subject property.

• Presenter: James Mills presented the case before the Board.
• Staff Recommendation: Staff recommended disapproval of the permit application, citing a high concentration of existing short-term rentals in the surrounding area as the basis for the recommendation.
• Outcome: The Board denied the conditional use permit request, consistent with the staff recommendation.

No additional speakers, debate details, or conditions were noted in the record for this item.

Goodpaster Property Group L.L.C Conditional Use Permit for 139 Garrett Avenue

Agenda Item: PLN-BOA-25-00005

The Board considered a request from Goodpaster Property Group L.L.C for a conditional use permit to operate an un-hosted short-term rental at 139 Garrett Avenue. Dalton Belcher presented the item on behalf of staff, who recommended approval of the permit subject to conditions.

The Board ultimately approved the conditional use permit for the un-hosted short-term rental at 139 Garrett Avenue.

Goodpaster Property Group L.L.C Conditional Use Permit for 137 Garrett Avenue

Case No. PLN-BOA-25-00006

The Board considered a conditional use permit application submitted by Goodpaster Property Group L.L.C. for an un-hosted short-term rental (STR) at 137 Garrett Avenue. Dalton Belcher was a key speaker during the discussion of this item.

Staff recommended disapproval of the application, citing the property's proximity to another existing short-term rental. This proximity issue appears to have been the central concern driving the staff recommendation against approval, as local regulations governing short-term rentals typically include distance or density requirements intended to limit the concentration of STRs within a given area.

The Board ultimately denied the conditional use permit request, consistent with the staff recommendation.