Board declines short‑term rental permit at Riverside Drive, citing owner absence during rentals

The Oldham County Board of Adjustments voted on March 20 to deny a conditional use permit requested for an owner‑occupied short‑term rental at 1724 Riverside Drive in Prospect (docket OC25010).

Planner John Hein explained the application and the county's short‑term rental regulations. "This is an application that has been filed requesting a conditional use permit for an owner occupied short term rental property permit located at 1724 Riverside Drive in Prospect," he told the board, describing zone classifications and occupancy calculations used to set parking requirements.

The applicant's power of attorney, Angela Zachman, said the owner, David Zachman, is an airline pilot who was airborne and unavailable to attend the hearing. Zachman said the owner intended to rent the property when he was away. Board members questioned whether that arrangement met the intent of the county's owner‑occupied STRP rules, which were adopted to ensure an on‑site resident or nearby manager can address problems should they arise.

Planning staff said the application included two documents intended to demonstrate residency but flagged them as insufficient to remove doubt. Staff noted that under county rules an owner occupied host must provide proof of primary residence; planning also flagged a separate change in state law that limits some local regulation of very short postings but does not alter documentation requirements for owner‑occupied designations.

During discussion several board members said the application appeared to be an attempt to advertise the property while the homeowner would often be away. "I'll make a motion to decline, docket o c 25010, due to the fact that, the resident is not on location at time of rental," a board member said on the record. The board carried the motion in a roll‑call style affirmation and the chair announced the motion carried and the application was declined.

The denial was based on the board's determination that the owner's frequent absences (he is an active pilot) meant the application did not meet the intent of the county's owner‑occupied STRP rules, which are intended to ensure someone with a residence interest is present or available to manage issues such as unauthorized parties, noise, or other neighborhood impacts.

Ending: The county's STRP ordinance (Oldham County Zoning Ordinance section 250‑050) remains in force; applicants who claim owner‑occupied status should be prepared to provide clear, locally accepted proof of primary residency and a named local manager for any periods they will be absent.