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Board gives short-term rental owner partial relief after expired-permit finding
Summary
The Metro Board of Zoning Appeals found 4029 Aberdeen Road had been operated with an expired short-term rental permit but granted the owner limited relief, allowing reapplication three months after the hearing if conditions are met.
The Board of Zoning Appeals on June 24, 2025, found that the short-term rental at 4029 Aberdeen Road had been operated while its permit was expired but voted to grant the owner limited relief and allow reapplication three months from the hearing date.
The decision stems from enforcement actions after inspectors confirmed online listings and recent stays while the property's short-term rental permit had lapsed. Bonnie L. McBroom III, short-term rental property chief, presented the case and said inspectors found the advertisement remained posted and that a stop work order had been placed on the door after site visits.
The board discussed mitigating facts, including multiple letters of neighbor support and the appellant's statement that the lapse was an oversight. Appellant Keith Madden told the board, “it was honestly just a mistake. I...forgot about this renewal,” and described the unit as a small, owner-operated one-bedroom that he said hosts traveling nurses and family members of patients. Board members said those neighbor letters weighed in favor of some relief but noted the listing remained posted, which kept the property in violation.
Board members debated the appropriate waiting period under the Metro ordinance that permits a waiting period of up to one year when a property is found to have operated without a permit. Several members distinguished advertising from active operation, noting that operating causes greater neighbor impact than simply leaving an ad up. Ultimately the board moved to find that the zoning administrator did not err in determining the property had operated with an expired permit but to grant partial relief: Madden may reapply for an STRP three months from the hearing date.
The motion to grant partial relief and allow a reapplication in three months carried unanimously among voting members. The board directed staff to follow up with codes enforcement and Host Compliance to verify that the advertisement is either removed or the calendar is set to the required longer-minimum stays during the waiting period.
The case record shows inspection notes, the notice of violation and photos of the posted stop work order; McBroom told the board the original permit was issued February 6, 2019, and renewed annually through 2024 before expiring in February 2025. The ordinance cited by staff governing penalties and waiting periods was BL 2017-608 and the board’s discretion statute BL 2023-136 (as referenced in the staff summary).
The board closed the public hearing after the vote. Madden was told he must obtain a new permit and comply with any verification steps codes staff requires during the three-month period before reapplying.
