Board of Adjustment approves multiple short-term rentals, grants and denies variances; several items postponed to June

The Lexington City Board of Adjustment on May 12 approved a string of conditional-use permits for short-term rentals and voted on several variances and postponements after public testimony about setbacks, parking and neighborhood character.

Board business opened with procedural items and multiple requests to postpone hearings; the board moved two applications to the June 9 docket, including a daycare request and a residential project, after applicants and neighbors agreed to attempt neighborhood outreach.

The board approved a variance for David Tipton at 218 Chennault Road to reduce the side-yard setback from 8 feet to 1 foot 6 inches, subject to staff conditions. Tipton told the board he was rebuilding a garage after demolishing an earlier structure to repair a collapsed sewer lateral: “I’m simply building a garage,” he said during his presentation.

Neighbors opposed other variances. Barclay Hegerman, who said he lives behind the Tipton property, showed photographs to the board and objected to excavation and to what he described as encroachment near his lot line, saying the work already “extends under my property” and asking the board to deny the request. Planning staff responded that the accessory structure rules apply differently when an accessory structure projects in front of the principal structure and that the rear setback argument did not control in that case.

The board denied a variance for a front-yard paving request on Florence Avenue that would have allowed two driveways in the front yard; staff had recommended disapproval and several board members said alternatives such as rear parking should be pursued. The board also denied a variance by Carol Robertson for 410 Winfield Avenue because the applicant did not appear to rebut the staff report.

The board approved a variance allowing a lap pool in the side-street yard for property owner Cara Mead at 616 Autumn Lane. Planning staff had recommended disapproval; the applicant and her contractor argued that backyard grades, retaining walls and an underground electric line made moving the pool impracticable. The board approved the variance with conditions that construction comply with the submitted plans and that building permits and inspections be obtained.

On institutional uses, the board granted Lexington Catholic High School’s request to construct a small covered grotto and make minor parking-lot modifications at 2250 Clays Mill Road. Rory Koehle of EA Partners described the project as “a covered, meditation prayer area” and said the proposal involved removing a couple of parking spaces and adding landscaping; the board approved the conditional-use amendment with the conditions in the staff report.

Short-term rentals: the board approved several conditional-use permits for unhosted short-term rentals after staff presentations on the county’s December 2024 STR ordinance updates and public comment: - 3713 Lady Dye Lane (Angel Investments LLC) — approved subject to four staff conditions. Neighbors expressed concerns about yard maintenance and asked for a local contact; the applicant said maintenance plans and neighbor coordination would be implemented. - 533 Southridge Drive (Embry Property Management LLC) — approved with conditions after neighbors said prior long-term tenants had left the yard overgrown; the applicant said maintenance would resume immediately. - 1770 Yorktown Road (Compound Property LLC) — approved with conditions after neighbors raised parking and neighborhood-character concerns. Opponents said the street is largely owner-occupied and warned future approvals could alter the neighborhood’s character. The applicant said he lives nearby and would manage the property. - 3284 Paris Pike (Dr. Jitender Dutty) — approved as an unhosted short-term rental in an agricultural zone with occupancy greater than 10, subject to conditions including septic/health-department clearance. The applicant’s attorney said a health-designee inspection confirmed the septic can accommodate the requested occupancy. - 712 Grafton Mills Lane (BK Wholesome Homes, manager for owner Brian Garland) — approved for up to eight occupants; the manager described noise-monitoring and camera plans and said local teams would maintain the property.

Public commenters on STRs repeatedly raised parking, noise, safety and housing-supply concerns. Samuel Perry and other residents near Yorktown Road submitted signed opposition and asked the board to preserve single-family character and nearby park access. Catherine Perkins, a trainer at the nearby thoroughbred center, asked the board to consider animal- and agriculture-related safeguards, fencing and screening for the Paris Pike site because of proximity to training facilities.

Several items were postponed at the applicants’ request or to allow neighborhood outreach. The board postponed Cherish the Child Day Care (PLNBOA25-37) to June 9 after the applicant asked for time to meet neighbors about capacity, and it postponed a woodland/Willie's application (PLNBOA25-51) to the June 9 docket so counsel could attend and neighbors and applicant could exchange information.

The board closed with scheduling and reminders that successful applicants must obtain all required building and licensing permits and comply with the conditions listed in staff reports. Chair Raquel Carter said the board will reconvene on June 9 to hear postponed items.

Votes at a glance (actions taken) - PLNBOA25-37 Cherish the Child Day Care (474 Stone Road): Postponed to June 9, 2025 — motion passed. - PLNBOA25-42 Carol Robertson (410 Winfield Avenue): Variance disapproved — motion passed. - PLNBOA25-13 David Tipton (218 Chennault Road): Variance to reduce side-yard from 8 ft to 1 ft 6 in — approved (subject to staff conditions) — motion passed. - PLNBOA25-30 John Workman / Florence Ave driveway request: Variance to reduce front-yard setback to permit two driveways — disapproved — motion passed. - PLNBOA25-44 Cara Mead (616 Autumn Lane): Variance to reduce corner/side-street yard for an in-ground lap pool — approved with conditions — motion passed. - PLNBOA25-49 Roman Catholic Bishop / Lexington Catholic (2250 Clays Mill Road): Conditional-use amendment for grotto and parking changes — approved with conditions — motion passed. - PLNBOA25-51 2 Fissett Willie(s) / Woodland Avenue: Postponed to June 9, 2025 — motion passed. - PLNBOA25-43 Angel Investments LLC (3713 Lady Dye Lane): Conditional-use for unhosted STR — approved with conditions — motion passed. - PLNBOA25-45 Embry Property Management LLC (533 Southridge Drive): Conditional-use for unhosted STR — approved with conditions — motion passed. - PLNBOA25-46 Compound Property LLC (1770 Yorktown Road): Conditional-use for unhosted STR — approved with conditions — motion passed. - PLNBOA25-47 Dr. Jitender Dutty (3284 Paris Pike): Conditional-use for unhosted STR, occupancy >10, in agricultural zone — approved with conditions — motion passed. - PLNBOA25-50 BK Wholesome Homes (712 Grafton Mills Lane): Conditional-use for unhosted STR (up to 8 occupants) — approved with conditions — motion passed.

What it means: The board’s decisions allow several new short-term rental operations to proceed under the county’s updated STR rules and will allow a mix of property owners to proceed with renovations and additions after they obtain required building permits. Neighbors who testified asked the board to monitor compliance and to hold applicants to the conditions in staff reports; the board repeatedly noted that enforcement channels exist and that license or permit holders who violate conditions can face follow-up enforcement under the ordinance.

Key quotes “I'm simply building a garage,” said David Tipton, describing the replacement garage that prompted his variance request. Barclay Hegerman, a neighbor, urged denial of a garage variance, saying the applicant’s excavation “extends under my property” and describing a large hole seen from his backyard. Chloe Long, representing an STR applicant, told neighbors she planned to coordinate lawn care and local contacts and said, “we’re gonna get together with the neighborhood so they can communicate and they can give him their concerns.”

Next steps: Approved applicants must obtain building permits and, where applicable, a short-term rental license from the Division of Revenue and follow all conditions in the staff reports. Postponed items will be heard at the Board of Adjustment meeting on June 9, 2025.