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 board noted and the record shows that staff had placed conditions on STR approvals (business licensing, maximum occupancy, parking and a local contact for complaints).

The board approved a request from Gospel Collective Church to amend a conditional‑use permit to expand parking and add a children’s ministry wing at 2601 Clays Mill Road. The church’s executive pastor, Joey Fink, said the campus parking shortage had led congregants to park in residential streets. Neighbors expressed opposition citing stormwater, tree removal, playground removal and noise concerns; one neighbor said the proposed paving “will absolutely cause problems” with storm runoff. The board approved the church’s expansion with the staff’s four conditions plus a fifth: the applicant must provide a 6‑foot solid fence within the required 8‑foot landscape buffer along the residential lots on Yuma Court.

A conditional use permit for child care accessory to a religious assembly at 1891 Parkers Mill Road (the Diocese of Lexington / St. Raphael’s property) was debated at length. Planning staff recommended approval with a lesser capacity than the applicant requested; after testimony from the rector (Reverend Helen Van Coovering), a nearby licensed child‑care provider (Beth Scott), and elected representative Councilmember Dave Savigny, the board voted to approve the conditional use and to allow the applicant to enroll up to 52 children. Staff had recommended limits tied to site conditions and roadway capacity; the board revised that condition to reflect 52 children and required standard occupancy/inspection/operational conditions.

Short‑term rental enforcement and compliance were recurring issues in the meeting. Planning staff cited recent changes to STR regulations and noted staff used business licensing records and software tools to find unlicensed activity. The board denied one STR application under the (older) regulations at 316 Nelson Avenue (Renew Holdings/Philip Petrie). Staff recommended denial citing documented unlicensed stays earlier in 2024 and the area’s identification as a priority census block group in the Task Force on Neighborhoods in Transition report. The board also denied two other STR applications where the record showed recent citations for operating without a license (properties listed under the applicant "Grama Stars" at 2351 Harrods Point Trace and at 2009 Polk Lane). For other STR applications (Home2U, Wingspan, J&H Homes), staff recommended approval and the board granted permits subject to the standard conditions.

What matters: The board followed staff recommendations on enforcement‑related denials and placed conditions intended to limit neighborhood impacts where it approved expansions and new uses. Safety concerns (fencing) and stormwater/landscape tradeoffs (church parking) were central to discussion. The STR rulings underscore the current regulatory focus on operator compliance and on concentration and neighborhood vulnerability metrics adopted in the new STR rules.

Votes at a glance - Approved, variance: PLMBOA 205‑16 Gibson/Taylor/Thompson — reduce corner lot side‑street setback (conditions accepted). Motion and second recorded; motion passed. - Denied, variance: PLNBOA 204‑11 Oddjobs Fencing (Community Action/Winburn Center) — increase front‑yard fence height from 4' to 6'. Staff recommended disapproval; board vote left the variance unapproved (tie/no majority). - Denied, variances: PLNBOA 25‑14 Joe & Amanda Wingfield — reduced front yard setback to 0 and driveway width to 39' (staff recommended denial; motion passed to deny). - Approved, conditional use: PLNBOA 25‑8 Newtown Springs LLC — conditional use for drive‑through (conditions accepted; motion passed). - Approved, conditional use: PLNBOA 25‑1 Gospel Collective Church Inc. — amend existing conditional use to expand parking and add building wing; approved with staff conditions plus a required 6‑foot solid fence along residential buffer. - Approved, conditional use: PLNBOA 25‑4 Diocese of Lexington (St. Raphael’s) — child‑care accessory to religious assembly; approval limited to no more than 52 children (board amended staff condition and passed). - STR approvals (conditional uses): PLNBOA 25‑3 Home2U Properties, PLNBOA 205‑10 Wingspan Rentals, PLNBOA 25‑23 J & H Homes LLC — approved subject to the four standard STR conditions staff recommended (business license, occupancy limit, parking, local contact). - STR denials (compliance grounds): PLMBOA 23‑86 Renew Holdings/Philip Petrie (316 Nelson Avenue) — denied under the older STR regulations after staff found documented unlicensed stays in 2024; PLNBOA 25‑18 and PLNBOA 25‑20 (Grama Stars at 2351 Harrods Point Trace and 2009 Polk Lane) — denied where records showed recent citations for operating without a license.

Key quotes - “We are trying to keep the children safe... I have pictures of several times when there's been shootings on the property,” — John Catron, Community Action Council representative, on the Winburn Center fence request. - “For better or worse, the city council has made a policy decision that says 4‑foot fences are what we want in our front yards,” — board member (speaking during Oddjobs Fencing discussion). - “We'd love to comply with any code regulations on sound or use of our property,” — Joey Fink, executive pastor, Gospel Collective Church, in response to neighbors’ concerns about noise and outdoor events. - “The Site is in the same physical condition as it was when those 2 applications were disapproved previously,” — planning staff on Parkers Mill child care capacity and roadway limitations.

What’s next: Applicants denied on compliance grounds may reapply after addressing licensing and inspection deficiencies; parties approved with conditions must secure required building, stormwater and licensing approvals before implementation. The Board scheduled its next meeting for the Monday after Spring Break and staff said training on bylaws and procedures is being planned.

Speakers quoted or referenced in this report (selected) - Raquel Carter, Chair, Lexington Board of Adjustment - Daniel Crum, Planning staff - John Catron, Community Action Council (property owner for Winburn Center) - Dwight Brown, contractor (Oddjobs Fencing) - Joe Wingfield and Amanda Wingfield, applicants (Aldershot Drive) - Baron Gibson, applicant (Richmond Road variance) - Rory Cayley, representative, VA Partners (Newtown Springs) - Joey Fink, Executive Pastor, Gospel Collective Church - Rev. Helen Van Coovering, Rector, St. Raphael’s / Diocese of Lexington property - Beth Scott, childcare provider (Dreamcare Learning Center) - Philip Petrie, owner, Renew Holdings (316 Nelson) - Matthew Henderson, attorney for Renew Holdings - Several board members referenced during discussion: Ms. Tucker; Mr. Walker; Mr. Clark; Mr. Gross; Mr. Sturtevant

Authorities and references cited in meeting record - Lexington-Fayette Urban County Code of Ordinances, Chapter 13, Article 5 (Short‑Term Rentals) — referenced by Planning staff and enforcement divisions - Zoning Ordinance, Article 3 and Article 7 and related section 3.13(g) (criteria for conditional uses, including STRs) — referenced by Planning staff - Kentucky Revised Statutes, KRS 100.237 — referenced by Planning staff as statutory context for zoning actions - Urban County Council ordinance adopting STR updates (effective 2024‑12‑12) — referenced by staff when describing the revised STR rules

Clarifying details extracted from the hearing record - Oddjobs/Winburn Center: Applicant sought 6‑foot steel fencing around perimeter at 1169/11804 Winburn Drive and 1804 Gerald Drive to secure Head Start and community services; staff said 4‑foot front plane fencing would be allowed without a variance; applicant cited multiple shootings and bullet damage as justification; funding for the project includes an Office of Head Start grant and is to include bullet‑resistant film for windows. - Wingfield driveway: Work already completed before permit/variance application; applicant widened and paved front yard area to create more parking (current width 39 feet; code maximum 24 feet); staff noted on‑site storage of business equipment may exceed residential limits. - Gospel Collective Church: Site plan required detention and stormwater controls; neighbors opposed removal of mature trees and playground area and raised runoff concerns; board added requirement for a 6‑foot solid fence along Yuma Court buffer as a condition of approval. - Diocese/St. Raphael’s: Applicant initially requested capacity for 52 children; staff recommended a lower limit based on Parkers Mill roadway capacity and prior board denials in 1977 and 2010 for larger enrollments; the board approved operation up to 52 children subject to building inspection, fencing of the outdoor play area and Kentucky Cabinet for Health and Family Services requirements. - STR enforcement: Staff used division of revenue renewal records and host‑compliance software to identify unlicensed stays; licensing renewals are processed in January and several STR licenses in the vicinity did not renew before the staff analysis; the board repeatedly emphasized compliance history in deciding STR conditional uses.

Searchable tags: zoning, variance, fence, head start, child care, church parking, short‑term rental, enforcement, stormwater, Lexington