Oldham County board declines to revoke short-term rental permit after hearing on December shooting and permit issues

The Oldham County Board of Adjustments on March 6 voted to dismiss a staff request to revoke a conditional use permit for a non‑owner‑occupied short‑term rental at 1706 Riverside Drive, following testimony about a Dec. 15, 2024 incident in which a renter fired a pistol and about subsequent code enforcement findings.

The conditional use permit (CUP) in question was granted April 20, 2023. Ryan Fisher, director of Oldham County Planning and Development, told the board staff’s request to revoke was based on the December shooting captured on video, follow‑up neighbor complaints and evidence of construction at the property for which no building or electrical permits were on file. “We are requesting that you all as the Board of Adjustments revoke this conditional use permit for that property, located at 1706 Riverside Drive,” Fisher said during the staff presentation.

Why it matters: the board’s action keeps the CUP — and the property’s short‑term rental permit — in effect. Board members said they were troubled by the shooting and by unpermitted work but concluded the record at the hearing did not provide a legal basis to revoke the permit under the conditions the board placed on the CUP in 2023.

What staff presented

Fisher told the board the CUP had been approved in 2023 and that condition No. 5 required the property “shall be monitored for security and noise and regulated by the property owner during any short term rentals.” Staff submitted Oldham County dispatch logs, a police report and video from the property showing an occupant firing a pistol into the air; one man was arrested after the incident. Fisher also said code enforcement documented a new deck, an electric‑vehicle charging station and interior work that did not have corresponding building or electrical permits. A notice of violation for work without permits was mailed March 4, 2025, Fisher said.

Fisher summarized: the record included the December 15 dispatch, two subsequent neighbor complaints and photos of unpermitted work; staff asked the board to revoke the CUP based on the incident and the property owner’s alleged failure to comply with the CUP’s conditions.

Applicant testimony

Ahmed Fadil, identified at the hearing as the property owner, said he monitors the property using cameras and that he watched the incident live on his phone. “I have cameras outside the building,” Fadil told the board, describing two exterior cameras plus a doorbell camera that send motion alerts to his phone. He said he called the authorities and provided the recording to police; he said his footage helped officers identify and arrest a suspect.

Fadil said the renter who reserved the listing was a female and that multiple people were present at the time of the incident; he said Airbnb and VRBO are the listing platforms he uses and that Airbnb had banned the problematic guest after Fadil provided the video. Fadil testified he has other short‑term rentals in Jefferson County and that he manages them himself.

Neighbor testimony and concerns

Several neighbors testified in opposition to keeping the CUP. Cindy Harbin, who lives at 1220 Riverside Drive, said she has walked the neighborhood for decades and that the incident left her “very nervous about walking in my community right now.” Joyce Ben said neighbors were alarmed about bullets being fired and about renting in a flood‑prone location; Donald Barker, a nearby property co‑owner, described dogs from renters coming into his yard and said a rear light from the rental draws insects onto his property.

Code enforcement and permit issues

Adam Baer, Oldham County code enforcement officer, inspected the site and issued a notice of violation for construction without permits, Fisher said. Staff displayed photos showing an added deck and an EV charging station; the building inspectors noted apparent deficiencies in the deck and the property’s location in a regulated floodplain added oversight requirements.

Legal and procedural arguments

The applicant’s attorney objected when staff raised the recently mailed notice of violation, arguing the owner had not had time to receive or respond to it. The board agreed the factual details in the building‑permit notice could not be used as the sole basis for revocation at the hearing because the owner had not had reasonable opportunity to see and respond to that notice; members said the December shooting and related evidence were the central matters before them.

The applicant’s counsel and Fadil argued the owner had complied with the CUP’s monitoring condition by operating cameras, notifying police and providing evidence; counsel said there was no factual or legal basis in the hearing record to support revocation. Staff and several neighbors said the shooting and earlier complaints demonstrated the owner had not adequately regulated activity at the rental.

Board decision

After discussion, the board moved to dismiss the revocation request. The motion carried; members responded “aye” and the chair declared the motion sustained. The board did not vote to revoke the CUP at the March 6 hearing, so the conditional use permit and the short‑term rental permit remain in effect pending further action by staff or any future proceedings.

What happens next

Fisher told the board staff retains enforcement options outside of immediate revocation, including legal action related to code violations. The mailed notice of violation for unpermitted work remains in the record; staff indicated building and electrical inspectors will continue to follow floodplain and permitting protocols and that additional enforcement could follow if permit violations are confirmed.

Ending

The board’s action preserves the CUP for 1706 Riverside Drive for now while leaving unaddressed the outstanding building‑permit questions staff raised. Staff and neighbors said they may pursue further enforcement; the record at the administrative hearing will govern any future revocation effort.