Board of Adjustment denies fence and driveway variances, approves church parking expansion and a childcare use; mixed short‑term rental rulings

The Lexington Board of Adjustment met at 1:30 p.m. and acted on a range of zoning requests including fence and driveway variance appeals, conditional‑use applications for church parking and a child care center, and several unhosted short‑term rental (STR) permit requests. The board denied two variances after staff recommended disapproval and approved a number of conditional uses with conditions.

Staff presented the first contested item, a variance request from Oddjobs Fencing and Handyman Services (property operated by Community Action Council at the Winburn Center), to increase allowed front‑yard fence height from 4 feet to 6 feet. Planning staff recommended denial, saying the applicant had not shown a unique circumstance and that a 4‑foot fence would provide security without the adverse impact on pedestrian experience near the nearby school. Applicant John Catron of Community Action Council described repeated break‑ins, “bullet holes coming from the guns” on the property and said the work is partly funded by an Office of Head Start grant. Contractor Dwight Brown and property representative John Catron told the board the 6‑foot steel fence and after‑hours gates were being pursued to protect a Head Start program and a community service center on site.

Board members said they sympathized with safety concerns but said the council’s policy and prior studies indicated little security benefit from a 6‑foot versus a 4‑foot front‑yard fence. The motion to deny carried (tie procedure left the variance unapproved), so the requested increase to 6 feet was not granted.

The board next considered a request from Joe and Amanda Wingfield to reduce the required front yard setback to 0 and widen a driveway from 24 to 39 feet at 3493 Aldershot Drive. Planning staff recommended denial, noting the paving had already been installed without a permit and staff found no special circumstances that would justify the variances. The applicants and neighbors described heavy street parking, safety concerns and prior damage to the property; applicants said they had engaged an asphalt contractor and had installed a retaining wall and rock base. Board members weighed concerns about commercial use of the paved area and enforcement of parking/storage limitations in residential zones; the board denied the variances.

On an expedited matter, the board approved a variance for Gibson, Taylor & Thompson to reduce the required side‑street setback for a corner lot at 1501 Richmond Road (the applicant confirmed acceptance of two listed conditions). The mover’s motion and a second were recorded and the motion passed.

Several conditional‑use and short‑term rental items received action as well. The board approved a conditional‑use permit for Newtown Springs LLC (drive‑through sales in a neighborhood business zone at 1425 Newtown Center Way) and approved three staff‑recommended unhosted short‑term rental conditional permits where no public opposition or code conflicts were recorded (Home2U Properties at 3441 Laredo Drive; Wingspan Rentals at 3502 Willowwood Road; and J&H Homes LLC at 1216 Telluride Circle). The…