After hearing a neighboring property owner’s concern about a proposed short-term rental (STR) near a public park in Midway at a hearing on Monday, the Board of Adjustments (BOA) took no action. Instead, applicant Cameron Miller agreed to explore adding an enhanced background check to their application process to address concerns related to the dangers of a sex offender renting the property at 421 Elkton Place for up to 30 days.
“This decision is about … whether transient lodging belongs within 5 feet of their neighbors, 35 feet from the university athletic field, and steps away from the public park,” Mark Perkins told the BOA. He identified himself and his wife as the owners of a neighboring house on Gratz Street where their daughter and her family with three young daughters live. He urged the BOA to make “a reasonable decision that helps protect our children and preserves the character of our neighborhood.”
The BOA agreed to take no action on the application for a conditional use permit (CUP) until Miller can provide them with information about adding an enhanced background check to his application process for the property. It was unclear if a BOA decision will come next month because three of the five BOA members may not be present, so the body may not have a legally- required quorum to take action.
Miller whose company operates other STRs, told the BOA that no one has asked him to add an enhanced background check before, “so this is a new question for me…,” when ask if he has used enhanced background check software in the past.
No provision exists in the zoning ordinance regulating STRs that directly addresses the concern raised during the hearing about sex offenders renting STRs; although state law does require general language with an approval that protects the public health, safety and welfare.
During a BOA discussion about the application, it was noted a sex offender registry list exists for Kentucky residents and residents of Kentucky are sent alerts when a registered sex offender moves into their neighborhood.
Perkins told the BOA that the public park was 168 feet away from the property proposed for an STR, and noted that state law prohibits registered sex offenders from residing within 1,000 feet of a school, playground and daycare facility.
The applicant submitted eight conditions to operate a STR in the three-bedroom home, including a maximum occupancy of six people, quiet hours (from 9 p.m. to 7 p.m.) and off-street parking for up to three vehicles in a driveway and garage. His is zoned R-3 (medium density residential), a district eligible for a CUP to operate a short-term rental.
The applicant informed the BOA that they have provided neighbors with contact information if issues arise related to the STR, but Wendy Perkins said she and her husband were unsuccessful in their efforts to contact the applicant about a fence they were installing at their Gratz Street property.
Zoning regulations
Planning Director Steve Hunter updated the BOA on changes to the zoning ordinance, including revisions to conditional use permits.
The changes include in-family land conveyance applications that will now be coming to the BOA for an approval of a CUP before moving to the Planning Commission, which will approve the plat subdividing the property. “We’re not sure how this is going to work. We’re not sure exactly what the role of this board will really be,” told the BOA. However, he said if issues related to health and safety issues (such as the need for a fire hydrant or a road being too narrow) are raised during a public hearing, those issues “are right in the realm of what you all have historically looked at.”
Hunter said zoning ordinance revisions also add standards for a campground as a conditional use in the conservation district, while limiting RV parks to industrial zones.