Board of Adjustments denies short-term rental permit for 140 St. Mildred's Court after neighbor opposition

The Boyle County Board of Adjustments voted 4–1 Oct. 21 to deny a conditional use permit for a short-term rental at 140 St. Mildred's Court in downtown Danville following staff concerns and neighborhood opposition.

Planning staff presented the application and told the board the property is zoned RM-2 and the applicant sought a CUP to operate a short-term rental aimed at serving Center College visitors. Staff reported the property already appeared listed on Airbnb and said that, under section 5.2.4 of the municipal specific-use standards, a change-of-use zoning permit is required before commencing a short-term rental and all advertisements must display the facility zoning permit. Staff also noted the application did not include a written business plan showing measurable strategies to deliver the claimed economic benefits.

Neighbors objected in force. Heather Pennington, who lives next door at 146 St. Mildred's Court, presented a petition she said contained more than 40 signatures and argued the street is a long-term residential neighborhood and is listed on the National Register of Historic Places. Pennington and other residents raised concerns about on-street parking, a narrow two-way street with a sharp curve, and an incident where a vehicle associated with 140 St. Mildred's Court parked in a no-parking zone.

Applicant David Walterhouse told the board the property had been advertised for 30-day or longer stays to remain in compliance with the city's definitions and that recent occupants had stayed roughly 32–35 days. Walterhouse said he operates another Airbnb on Grant Street with more than 100 five-star reviews and that most guests are Center College parents. He said hosts provide local brochures and recommendations to guests and that increased demand for visits (including events at the college pool) motivated the request to allow stays of 29 days or fewer.

Board members questioned the applicant about how the rental would benefit local businesses and about screening and occupancy limits. The applicant said platform vetting on Airbnb/VRBO, ID verification and platform background checks are used; he stated the property has a six-person overnight capacity and house rules prohibiting parties, and that quiet hours end at 10 p.m.

One board member initially moved to approve the CUP with conditions, including limits on vehicles and screening; that motion received no second and died. A subsequent motion to deny the CUP carried 4–1. During deliberations members cited the RM-2 zone intent, neighbor testimony that the neighborhood is long-term residential, and concerns that the applicant had commenced advertising or operation prior to receiving zoning approval.

The board did not record roll-call votes by name in the transcript; the official tally announced in open session was 4 in favor of denying the permit and 1 opposed. The denial means the applicant will not receive a conditional use permit to operate the short-term rental at 140 St. Mildred's Court as proposed.