Board tables short‑term rental request in Smithfield after ownership/transfer issue

The Oldham County Board of Adjustments on Nov. 20 voted to table application OC‑25‑049, a request to allow an owner‑occupied short‑term rental at 6000 South Highway 53 in Smithfield, after the board identified an ownership technicality and heard objections from nearby landowners.

Planner Sandy presented the application and said the property is in AG1/CO1 zoning, the unit has four bedrooms (a maximum occupancy of 12 under county rules) and requires five parking spaces. Sandy told the board the applicant had provided documentation intended to show owner occupancy but that a neighbor called to oppose the proposal and that staff had received one letter of support.

Attorney Mike Swansberg introduced the applicant, Timothy Bowman, and presented evidence the applicant uses the house as his residence (photograph, vehicle registration and utility bills included in the packet). Swansberg said the owners aim to rent the house on an occasional basis to generate supplemental income to help maintain a larger 145‑acre property and suggested the house could sometimes support nearby venues such as the Barn At Twin Lakes.

Neighbors, including Jeremiah and Dana Morgan, testified in opposition. Jeremiah Morgan told the board the property shares a privately owned driveway (Spring Hill Farm Drive) with several owners and expressed concern about safety for his daughter who walks to the school bus and liability when unfamiliar guests use the shared driveway: "Now we have people that are out walking around that we don't know who they are," he said. Dana Morgan said she was "gravely concerned about the safety of strangers always being around" and said recent rental activity had prompted neighbors to worry about people wandering onto private property.

Other neighbors raised concerns about large groups, ATVs and hunting; one speaker asked whether Bowman could demonstrate he would occupy the house at least six months a year, the minimum owner‑occupied threshold noted in county materials. Bowman and his attorney said they would not rent to hunters, that they have cameras and rulebooks for guests, and that they planned to continue dialogue with neighbors to address concerns.

During deliberations the board discovered a technical problem: the property title is held by 3105 Hunsinger LLC while the application was filed in Timothy Bowman’s name. Staff noted a standard condition the board has been using that a CUP "shall be automatically revoked upon transfer or sale of the property." The board discussed options (amending the application to the LLC name, permitting a limited one‑time transfer window, or tabling the case to allow paperwork to be corrected).

After a brief recess for conferring, the applicant agreed to table the request to allow transfer or amendment and to let staff draft precise condition language. A motion to table OC‑25‑049 until next month carried unanimously.

What happens next: The applicant may amend the application to reflect the owning LLC or complete a transfer so the permit request aligns with ownership; the board will consider the case at the December meeting with any revised conditions requested by staff or the board.

Sources: Staff presentation by Sandy (Planner 1); attorney Mike Swansberg and applicant Timothy Bowman; testimony from Jeremiah and Dana Morgan, Tim McGowan and Joe Farmer; public hearing record.