The Lexington Board of Adjustments on Jan. 13 approved a number of zoning actions — including a front‑yard setback variance to allow an on‑property turnabout, several conditional‑use permits for short‑term rentals and a childcare conditional use — and denied other short‑term‑rental requests where staff and neighbors cited high concentrations of rentals or limited parking.

The board’s decisions came after staff presentations, applicant testimony and public comment. Planning staff repeatedly pointed to Article 3‑13 of the city zoning code and to state guidance (KRS 100.237) when recommending denials for short‑term rentals in areas where the zoning office’s mapping shows above‑average concentrations and occupancy rates.

Why it matters: The meeting illustrated how the board is balancing neighborhood impacts — parking, pedestrian safety and housing availability — against property owners’ investment and economic arguments. Several denials were explicitly grounded in staff analysis of short‑term‑rental concentrations, average occupancy rates and proximity to areas the city’s task force has flagged as vulnerable to displacement.

Votes at a glance

- PLN BOA 24‑217 (Gibson/Taylor/Thompson) — Variance approved (reduce side yard setback to 7 feet). Motion moved and the board approved the variance subject to staff conditions.
- PLN BOA 24‑208 (Hoop Dreamers) — Conditional use permit approved for a childcare center at 892 Nandino Boulevard; board amended condition on hours to Monday‑Friday, no earlier than 7:00 a.m. and no later than 6:30 p.m.
- PLN BOA 24‑218 (Austin Brashear) — Conditional use permit approved for indoor live entertainment at 384 Woodland Avenue (subject to four conditions).
- PLN BOA 24‑186 (Kim Bragg) — Variance approved to reduce front‑yard setback from 30 to 18 feet to allow a paved turnabout at 804 Mount Vernon Drive; approval included two conditions tied to the revised site plan and building permits.
- PLN BOA 24‑127 (Lola’s Lovely Rentals, 118 Woodford Dr.) — Unhosted short‑term rental approved (conditions listed by staff).
- PLN BOA 24‑193 (Brook & The Bluegrass LLC / 624 Sheridan Dr.) — Unhosted short‑term rental approved (applicant corrected deed/ownership to LLC during hearing).
- PLN BOA 24‑198 (Dustin & Robert Caldwell / 261 Mockingbird Ln.) — Unhosted short‑term rental approved.
- PLN BOA 24‑212 (Laura Coleman / 428 White Oak Trace) — Unhosted short‑term rental approved.
- PLN BOA 24‑221 (Anne Rouse / 726 E. High St.) — Conditional use approved after board removed proposed condition #2 (as requested by applicant); remaining conditions retained.
- PLN BOA 24‑187 (Mischief Maker / 528 W. Third St.) — Conditional use permit denied after public comment raising parking and neighborhood concentration concerns.
- PLN BOA 24‑196 (Jamie Day / 113 Whitland Ln.) — Conditional use permit approved despite staff recommendation for disapproval; approval limited to six occupants and tied to required permits and licensing.
- PLN BOA 24‑206 (Skyler Lanham / 203 E. Sixth St.) — Conditional use permit denied (staff cited high local concentration, occupancy and proximity to priority census blocks vulnerable to displacement).
- PLN BOA 24‑207 (Hubert & Angie McGaughy / 1625 Nicholasville Rd., Unit 603) — Conditional use permit denied; staff cited limited parking and concentration in the townhouse development.
- PLN BOA 24‑213 (Steven Gordon / 415 Chenowee/Shenoway area) — Unhosted short‑term rental approved (conditions applied).
- PLN BOA 24‑216 (Albert Kurtz Jr. / 321 Santa Anita Ct.) — Unhosted short‑term rental approved with an occupancy limit at 6 individuals.
- PLN BOA 24‑220 (Crestwood Rental Property 4 LLC / 716 W. Maxwell, Unit 202) — Conditional use permit denied; staff emphasized a very high concentration of short‑term rentals in the 1,000‑foot radius and the area’s vulnerability to displacement.
- PLN BOA 24‑219 (Mazzuna LLC / 147 Londonderry) — Applicant not present; matter postponed to Feb. 10, 2025.
- Several items were withdrawn on the record, including PLN BOA 24‑00164 (Emerald Shinobi LLC / 2745 Woodland Way) and PLN BOA 24‑00188 (Black Diamond Farm LLC / 3591 Paris Pike).

What the board debated in detail

Kim Bragg — front‑yard turnabout (PLN BOA 24‑186)

The board approved a variance allowing the applicant to pave a turnabout in the front yard at 804 Mount Vernon Drive. The applicant’s representative, Kim Bragg, identified herself as the owner’s representative and architect and said the property owner had mobility problems after a medical incident and sought an on‑site turnaround to avoid backing into traffic near an elementary school. Planning staff confirmed Traffic Engineering reviewed dimensions and had no objections, but staff’s written recommendation originally favored disapproval of front‑yard driveways at other locations. The board’s approval included two conditions: construction in accordance with the revised site plan presented at the hearing and obtaining all required Division of Building Inspection permits prior to paving.

Applicant quote: “The owner of the property is an older gentleman who had a medical incident a little over a year ago… He has asked to have some sort of on property turnaround so that he does not back out into traffic,” Kim Bragg, owner’s representative and architect.

Why it mattered: The vote demonstrates the board’s willingness to grant a lesser variance (from 30 feet to 18 feet) when the applicant presented a revised site plan, Traffic Engineering clearance, and an accessibility/security rationale.

Mischief Maker short‑term rental (PLN BOA 24‑187)

The board denied a conditional use permit for an unhosted short‑term rental at 528 W. Third Street after significant public comment. Applicant Alex Naramore said he planned to rent the house two times a year (Keeneland) to cover mortgage costs and proposed a six‑person capacity. Supporters who operate nearby short‑term rentals described the location as suitable; opponents cited nearby group homes, frequent paramedic calls, heavy pedestrian traffic and limited on‑street parking.

Public comment included longtime neighbors who described the block as a mixed use corridor with residential group homes and limited street parking. After public comment, a board member moved to uphold staff’s disapproval citing parking limitations and the neighborhood’s existing short‑term rental concentration.

Jamie Day — Whitland Lane (PLN BOA 24‑196)

Jamie Day, who described family ties to the area and said the property had operated earlier as a short‑term rental but paperwork had not been timely filed by a property manager, won board approval despite staff recommending denial. The board’s motion listed findings of fact — structure size, lack of nuisance citations and proximity to amenities — and placed conditions on occupancy (six people) and licensing requirements. The applicant said the unit was used at times by medical visitors, families and Keeneland visitors.

Crestwood Rental Property 4 LLC — 716 W. Maxwell (PLN BOA 24‑220)

A developer and co‑applicant described a major renovation of a four‑unit property and said the smallest unit (370 sq. ft.) would be difficult to lease long‑term; they argued an unhosted short‑term permit would allow them to finish investment and then free a larger unit for long‑term housing. Planning staff and multiple board members countered that the block already has a high short‑term‑rental concentration (staff reported 42 STRs in the 1,000‑foot buffer and a calculated concentration of roughly 13.33%), and the property sits close to a census block the city has flagged as vulnerable to involuntary displacement, which tilted the board toward disapproval.

Applicant quote: “We installed a parking lot in the back… the property is in walking proximity to Rep Arena, the new Central Bank Center downtown, the distillery district and other amenities,” applicant’s representative (developer).

Staff comment: Planning staff repeatedly cited Article 3‑13 considerations (noise, traffic, parking, compatibility and demonstrated compliance records), use of ArcGIS concentration mapping and occupancy data (AirDNA) as the basis for many disapproval recommendations.

Process notes and next steps

- Applicants approved for short‑term rentals were reminded by staff to obtain business licenses and zoning‑compliance permits through Division of Revenue and Division of Planning before operating.
- Several matters were postponed or withdrawn; the board noted a February 10, 2025 date for some postponed items. The board also handled routine administrative items, including election of officers and acceptance of minutes.

Speakers (selected)

James Mills — Planning staff (presented multiple staff reports)
Dalton Belcher — Planning staff (STR presentations)
Kim Bragg — Applicant representative / architect (PLN BOA 24‑186)
Alex Naramore — Applicant (PLN BOA 24‑187, Mischief Maker)
Daniel Albertson — Public commenter (supported Mischief Maker)
Faith Arters — Public commenter (opposed Mischief Maker; described group homes and high pedestrian use)
Jamie Day — Applicant (PLN BOA 24‑196)
Steven Gordon — Applicant (PLN BOA 24‑213)
Albert Kurtz Jr. — Applicant (PLN BOA 24‑216)
Angie McGaughy / Hubert McGaughy — Applicants (PLN BOA 24‑207)

Authorities and references

- City zoning ordinance citations discussed by staff: Article 1‑11 (definitions, short‑term rental definitions), Article 3‑13 (conditional use considerations), Article 7 (other zoning requirements).
- State statute referenced in staff reports: KRS 100.237.
- City Code reference for business licensing and fees: Section 13 (short‑term rental licensing and permitting).

Clarifying details and evidence cited at hearing

- Staff used an ArcGIS concentration mapping tool and occupancy data (AirDNA) to compute local short‑term‑rental concentrations and average occupancy rates; staff reported concentration figures including 3.04% (one area) up to 13.33% for certain Maxwell Street locations and occupancy averages above the citywide 50% mark in some buffers.
- Several applicants said they had been operating prior to adoption of the 2023 ordinance but did not complete the grandfathering paperwork in the 6‑month window; that history was material to some decisions.
- Traffic Engineering clearance was specifically cited in the Kim Bragg case for the turnabout dimensions.

Community relevance

The meeting demonstrates tension between two policy threads: limiting concentration of short‑term rentals to protect nearby housing stock and neighborhood character, and allowing property owners flexibility to recover rehabilitation costs or provide services (childcare, live entertainment) tied to local economic activity. The board’s mix of approvals and denials shows case‑by‑case application of zoning factors rather than a single policy direction.

Ending

Applicants approved for conditional uses were reminded to secure all Division of Revenue and Division of Planning permits before operating. Postponed and withdrawn matters were rescheduled or removed; the board set a Feb. 10, 2025 date for at least one postponed item. Several decisions were resolved by roll call or voice vote with motions recorded in the meeting minutes.