Board of Adjustment Meeting

Summary

Meeting Overview

The Board of Adjustment convened on May 12, 2025, at 1:30 PM in the Council Chambers at 200 East Main Street, Lexington, Kentucky, with Raquel Carter presiding. The board worked through 9 agenda items consisting of variance requests and conditional use permit applications from a range of individual and organizational applicants. Of the items heard, 8 were approved and 1 was denied — a variance request by John Workman — while approved items included requests by David Tipton, Cara Meade, Roman Catholic Bishop Diocese of Lexington, Angel Investments LLC, Embry Property Management LLC, Compound Property LLC, Dr. Jitender Dudee, and BK Wholesome Homes. Over the course of the meeting, the board heard 13 public comments and took 13 votes.

Attendance

All seven board members were present at the May 12, 2025 meeting. No members were absent or late.

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

Votes and Decisions

The Board took action on 13 items during the May 12, 2025 meeting. No transcript timestamps are available for any of the votes below.

Postponements and Withdrawals

• PLN-BOA-25-00037 — Motion by Branden Gross, seconded by Harry Clarke, to postpone the Cherish the Child Daycare conditional use permit request. Approved unanimously, 7–0.
• PLN-BOA-25-00051 — Motion by Branden Gross, seconded by Bob Sturdivant, to postpone the Two Fisted Willies conditional use permit request. Approved unanimously, 7–0.
• PLN-BOA-25-00041 — Motion by Harry Clarke, seconded by Linda Tucker, to postpone Chad Walker's conditional use permit request. Approved 6–0 with 1 abstention. Voting in favor: Raquel Carter, Linda Tucker, Harry Clarke, James Persley, Branden Gross, and Bob Sturdivant.
• PLN-BOA-25-00042 — Motion by Branden Gross, seconded by Bob Sturdivant, to withdraw Carol Robinson's variance request. Approved unanimously, 7–0.

Variance Requests

• PLN-BOA-25-00013 — Motion by Branden Gross, seconded by James Persley, to approve David Tipton's variance request. Approved unanimously, 7–0. Subject to three conditions: construction in accordance with application materials and site plan, conformance with Chevy Chase Neighborhood Design Standards, and obtaining necessary permits.
• PLN-BOA-25-00038 — Motion by Branden Gross, seconded by James Persley, to disapprove John Workman's variance request. The motion to disapprove carried unanimously, 7–0.
• PLN-BOA-25-00044 — Motion by Harry Clarke, seconded by Bob Sturdivant, to approve Cara Meade's variance request. Approved unanimously, 7–0. Subject to two conditions: construction in accordance with application materials and site plan, and obtaining necessary permits.

Conditional Use Permits

• PLN-BOA-25-00049 — Motion by Harry Clarke, seconded by James Persley, to approve the Roman Catholic Bishop Diocese of Lexington's conditional use permit. Approved unanimously, 7–0. Subject to three conditions, including maintaining existing vegetation.
• PLN-BOA-25-00043 — Motion by Branden Gross, seconded by James Persley, to approve Angel Investments LLC's conditional use permit. Approved unanimously, 7–0. Subject to four conditions, including occupancy limited to six individuals.
• PLN-BOA-25-00045 — Motion by Raquel Carter, seconded by Chad Walker, to approve Embry Property Management LLC's conditional use permit. Approved unanimously, 7–0. Subject to four conditions, including occupancy limited to six individuals.
• PLN-BOA-25-00046 — Motion by Branden Gross, seconded by James Persley, to approve Compound Property LLC's conditional use permit. Approved unanimously, 7–0. Subject to four conditions, including occupancy limited to six individuals.
• PLN-BOA-25-00047 — Motion by Raquel Carter, seconded by Chad Walker, to approve Dr. Jitender Dudee's conditional use permit. Approved 6–0 with 1 abstention. Voting in favor: Raquel Carter, Linda Tucker, Chad Walker, Harry Clarke, James Persley, and Bob Sturdivant. Subject to seven conditions, including occupancy limited to sixteen individuals.
• PLN-BOA-25-00050 — Motion by Raquel Carter, seconded by James Persley, to approve BK Wholesome Homes' conditional use permit. Approved unanimously, 7–0. Subject to four conditions, including occupancy limited to eight individuals.

Public Comment

Thirteen members of the public addressed the Board during the May 12, 2025 meeting. No transcript timestamps were available for any of the comments.

The majority of speakers voiced opposition to one or more short-term rental applications under consideration. Key concerns raised included:

• Property maintenance and condition: Wayne Stevenson described specific maintenance issues and concerns about the condition of the property at 533 Southridge Drive. Janie Griggs and Fran Hardaway similarly cited property upkeep and neighborhood ambiance as reasons for their opposition.
• Safety: Fran Hardaway, Sharon Gill, and Jay Morgan Schaffo each raised safety concerns, with Schaffo specifically noting the impact of transient guests on community familiarity and neighborhood cohesion.
• Noise and parking: Jean Barnet expressed concern about potential increased noise and its impact on the neighborhood. Samuel Perry opposed the short-term rental at 1770 Yorktown Road, citing parking, noise, and neighborhood character. Dylan Adams raised similar concerns about traffic, noise, and neighborhood character regarding the short-term rental at 712 Grafton Mills Lane.
• Neighborhood character and housing: Virginia McKee emphasized the need for family homes in the neighborhood, while Patricia Hall raised concerns about the broader impact of short-term rentals on community resources and neighborhood character. Michael Rogers spoke to concerns about maintenance and the challenges posed by an unhosted short-term rental in his neighborhood.
• Agricultural and nuisance concerns: Catherine Perkins raised concerns about agricultural uses and potential nuisances related to a short-term rental on Paris Pike.

Outside of the short-term rental discussion, Bartley Hagerman spoke in opposition to David Tipton's variance request, sharing pictures and citing concerns about property impact and trespassing. Jean Barnet's noise concerns also appeared related to a specific use under review rather than a short-term rental application.

Contested Items

• Short-Term Rental Approvals

During the May 12, 2025 Board meeting, short-term rental approvals emerged as a point of community opposition. Several community members raised concerns about the effects of short-term rentals on their neighborhoods, citing impacts on neighborhood character, safety, and housing availability. The opposition came from members of the public participating in the meeting. No outcome, vote result, or Board resolution on this item is recorded in the available meeting data.

Variance Request by David Tipton (PLN-BOA-25-00013)

The Board considered a variance request submitted by David Tipton for a property located at 218 Chenault Road. Tipton sought to reduce the required side yard setback from ten feet to five feet. Key speakers on this item included David Tipton and Bartley Hagerman.

Staff recommended approval of the variance with conditions. The Board ultimately approved the request.

Variance Request by John Workman (PLN-BOA-25-00038)

The Board considered a variance request submitted by John Workman seeking to reduce the required front yard setback from five feet to zero feet in order to pave two driveways at 732 Florence Avenue.

Key speakers on this item included John Workman, the applicant, and Chris Oney. Staff had recommended disapproval of the request prior to the Board's consideration.

The Board ultimately denied the variance request.

Variance Request by Cara Meade

Case No. PLN-BOA-25-00044

The Board considered a variance request submitted by Cara Meade to reduce the required front yard setback for a corner lot in order to construct a swimming pool at 616 Autumn Lane.

Key speakers on this item included Cara Meade, the applicant, and Joseph Fields. Staff had recommended disapproval of the variance request ahead of the meeting, raising concerns about the proposed reduction to the front yard setback requirements applicable to the corner lot configuration at the property.

Despite the staff recommendation against approval, the Board ultimately voted to approve the variance request, allowing Meade to proceed with plans to construct the swimming pool under the reduced front yard setback.

*No transcript timestamp is available for this agenda item.*

Conditional use permit request by Roman Catholic Bishop Diocese of Lexington

Case No. PLN-BOA-25-00049

The Board considered a conditional use permit request submitted by the Roman Catholic Bishop Diocese of Lexington to amend an existing use for a school in order to construct an accessory structure at 2250 Clays Mill Road. Key speakers on this item included Rory Cayley and Rob Rumke.

Staff recommended approval of the request. The Board voted to approve the conditional use permit.

Conditional use permit request by Angel Investments LLC

Case No. PLN-BOA-25-00043

The Board considered a conditional use permit request submitted by Angel Investments LLC for an un-hosted short-term rental located at 3713 Lady Di Lane. Key speakers on this item included Chloe Long and Michael Rogers.

Staff recommended approval of the conditional use permit. The Board reviewed the request and, following presentation and discussion, voted to approve the permit as recommended by staff.

Conditional use permit request by Embry Property Management LLC

The Board considered agenda item PLN-BOA-25-00045, a conditional use permit request submitted by Embry Property Management LLC for an un-hosted short-term rental located at 533 Southridge Drive.

Staff presented the application and recommended approval of the conditional use permit. Key speakers on this item included Wayne Stevenson and Fran Hardaway.

The Board ultimately approved the conditional use permit request.

Conditional use permit request by Compound Property LLC

The Board considered case PLN-BOA-25-00046, a conditional use permit request submitted by Compound Property LLC for an un-hosted short-term rental located at 1770 Yorktown Road.

Key speakers on this item included Samuel Perry and Jay Morgan Schaffo. Staff presented the request and recommended approval of the conditional use permit.

The Board ultimately approved the conditional use permit request.

Conditional use permit request by Dr. Jitender Dudee

Case No. PLN-BOA-25-00047

The Board considered a conditional use permit request submitted by Dr. Jitender Dudee for an un-hosted short-term rental with an occupancy greater than 10 at 3284 Paris Pike. Key speakers on this item included Lauren Nichols and Catherine Perkins.

Staff recommended approval of the permit request. The Board voted to approve the conditional use permit.

*Note: Transcript timestamps are not available for this agenda item.*

Conditional use permit request by BK Wholesome Homes

Case No. PLN-BOA-25-00050

The Board considered a conditional use permit request submitted by BK Wholesome Homes for an un-hosted short-term rental located at 712 Grafton Mills Lane. Key speakers on this item included Brandon Whitehead and Dylan Adams.

Staff presented the request and recommended approval of the conditional use permit. The Board considered the application as presented.

The permit was ultimately approved.