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Zoning board denies shed setback variance, approves multiple variances and short-term rentals
Summary
At its February 2026 meeting the Lexington Fayette County Zoning Board of Adjustment denied a homeowner’s variance to leave a 192-square-foot shed 9 feet 5 inches from the side‑street property line, and approved several variances and short‑term rental conditional‑use permits after public comment and staff recommendations.
The Lexington Fayette County Zoning Board of Adjustment met in February 2026 and denied a variance request from homeowner Melissa Robinson to keep a 192-square-foot shed 9 feet 5 inches from a side-street property line at 1163 Oakwood Drive, while approving several other variances and multiple conditional-use permits for unhosted short-term rentals.
Planning staff recommended disapproval of Robinson’s request, citing Article 7 of the zoning ordinance and KRS 100.243 and saying the applicant had not shown special circumstances or that denial deprived reasonable use of the land. Staff also noted the shed had been placed without the required permits.
"The applicant has not provided sufficient justification to meet the requirements of article 7 of the zoning ordinance or KRS 100.243," a staff presenter told the board during the case presentation. The board voted to disapprove the variance following public testimony.
Neighbors and the Oakwood Neighborhood Association spoke in opposition. Leon Swatter, president of the Oakwood Neighborhood Association, said the decision to locate the shed where it is would alter the character of the historically African American Oakwood neighborhood and could set a precedent.
The board approved two variances earlier in the meeting: PLNBOA25-148 (Theta of Kappa Alpha Housing Corporation) to reduce a required perimeter landscape buffer on property at 235 Stone Avenue, and PLNBOA25-153 (James Monroe) to reduce a side-yard setback at 529 Patterson Street. Motions to approve both items were made and seconded on staff recommendation.
The board also considered a slate of short-term rental (STR) conditional-use permit requests. PLNBOA25-107 (2111 Stonewood Lane, applicant Tita Yi) was approved after the applicant said she has a local host and neighbor support and would supply emergency contact details for licensing. PLNBOA25-150 (Cool Places 2 LLC), PLNBOA25-152 (Lexington Garden Properties LLC) and PLNVOA25-144 (Jesse Thomas) were all approved on staff recommendations and applicant agreement to conditions.
Owners and neighbors raised recurring concerns during STR hearings. Patty Drowse, speaking about PLNBOA2039 (5 Star Renovations LLC at 2333 Shandon Drive), urged the board to consider the city’s broader affordable-housing needs and noted that the property in question sits 528 feet from another STR, under the 600-foot buffer that sometimes factors into staff recommendations. Drowse cited local housing-need studies and argued exceptions to residential use can reduce workforce housing supply.
Counsel for the board, Britney Smith, clarified that deed restrictions and HOA covenants are private matters enforceable by HOAs and are not within the board’s authority to enforce.
One applicant, 5 Star Renovations’ owner Nick Markovich, said he has renovated the property and plans to rent mostly multi-month stays for seasonal workers; the board and neighbors discussed occupancy limits and parking. For PLNBOA25-151 (DeRosa Group LLC), the board agreed to change a condition reducing maximum occupancy from eight people to six before approving the permit.
Board members discussed seeking data from police dispatch overlays to better understand whether STRs correlate with calls for service; staff said they request police checks for compliance each month. The board set its next meeting for March 9, 2026, at 1:30 p.m. and adjourned.
Votes at a glance
- PLNBOA25-148 (Theta of Kappa Alpha Housing Corporation): Motion to approve made and seconded; approved (motion based on staff recommendation). - PLNBOA25-153 (James Monroe): Motion to approve made and seconded; approved. - PLNBOA25-142 (Melissa Robinson): Motion to disapprove made (based on staff report and testimony); variance denied. - PLNBOA25-107 (Tita Yi): Conditional-use permit for unhosted STR approved (subject to 4 conditions). - PLNBOA25-150 (Cool Places 2 LLC): Approved. - PLNBOA25-152 (Lexington Garden Properties LLC): Approved. - PLNBOA2039 (5 Star Renovations LLC): Approved (applicant agreed to lower occupancy as discussed). - PLNVOA25-144 (Jesse Thomas): Approved. - PLNBOA25-151 (DeRosa Group LLC): Approved with condition number 2 changed from 8 individuals to 6.
The meeting record shows board votes took place after motions and seconds; the transcript did not include roll‑call tallies published to the record for each item.
