Board of Zoning Appeals - Regular Meeting

Good evening, everyone. I'd like to call to order the Fisher's Board of Zoning Appeals meeting for Thursday, June 25th, 2026. I ask you to please rise if you're able and join me in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Secretary, would you call the roll, please?

Yes. Mr. Ferrucci?

Here.

Mr. Stevenson? Here. Mr. Grinslate?

Here.

Mr. Silvey?

Here.

And Mr. Leon, it's not with us tonight, but we do have quorum.

We do have a quorum to conduct tonight's business. The first order of business is approval of our previous minutes from May 27th, 2026. Members of the board are there any modifications, revisions, suggestions for revising the minutes? Do we have a motion to approve the minutes? Move to approve the minutes. All in favor? Aye. Motion passes. Our next order of business is the opening of the public hearings. Our first public hearing is Mission Christian Academy Temporary Classrooms. Case number VA-26-4. The address is 13095 Pulvishers Drive. It's a request for consideration of a development standards variance from sections 5.6.2.B.3 of the city's unified development ordinance to allow four portable classrooms for two years for the use of additional classroom space at Mission Christian Academy. Our petitioner is Jerry Ackerman. Mr. Ackerman, would you please approach the podium? State your name, your address, and proceed with your petition.

Thank you for having me. My name is Jerry Ackerman. Our address is 13095 Publishers Drive in Fishers, Indiana. Again, thank you for having us. Just wanted to share a couple notes about Mission Christian Academy. We have been there at that location now going into our fifth year on Publishers Drive. Looking at the slide here, I just wanted to share, going into our fifth year here, we've created 40 full-time jobs, 20 part-time jobs, serving about 400 families within the Fishers community. Before we arrived there, I believe it was a Topics paper building. We've kind of brought some life to that with having some kids there and in the building, also serving some of the establishments across the street, CVS, Starbucks, Dairy Queen. We also are partnering with Fishers Police this coming school year to direct our morning and afternoon traffic. Working with Jason Peasley on getting those details in place. We've also Staggering our pickup and drop-off just to relieve more congestion off of Parkside and publishers and We're investing obviously in local families education and the community development there on publishers Drive We do currently have on the property to Portables they are this right here The other two that we're looking to get are the same company, the same design, exactly as you see here. They would be right up against these two on the actually parkside side of the property. And currently the ones up here on the yellow colored are the existing portables and then the new portables would be where the red ones are. Kind of out of the sight line of 131st, even Parkside, the tree lines kind of blocked them. It allows us just to grow. We've had some pretty good growth, and knowing these would be temporary, we are even now contemplating how we can redesign the interior space that we have to create more classrooms within the existing structure. So we are... Going to be diligently looking at what we can do, possibly expanding the building as well to bring the students from these portables inside over the course of the next two years. Thank you.

Good evening. Grace Wiley, senior planner for the City of Fishers. Item before you today is a request for the development standards variance from section 5.6.2.B.3 of the City's Unified Development Ordinance to allow for four portable classrooms for two years for the use of additional classroom space at Mission Christian Academy. Portable classrooms are permitted for a maximum of two years according to the Fisher's UDO. The petitioner sought and received a temporary use permit to allow two portable classrooms for two years in August of 2024. This permit expires in 2026 and cannot be renewed without a variance. The petitioner wishes to add an additional two temporary classrooms as part of their permit extension request for a total of four portable classrooms. 13095 Publishers Drive is located at the southeast corner of 131st Street and Parkside Drive. Property is zoned PUDC and regulated by the Parkside PUD as well as the city's UDO where applicable. The property has a special exception allowing a school use. Surrounding area as shown here is zoned PUDC as well to the southeast and west and PUDM to the north. Fisher's 2040 Comprehensive Plan designates this site as both Employment Node and Flex Employment Center slash R&D. The proposed site plan is shown above. Temporary classrooms one and two are existing. Photos of the existing conditions of these temporary classrooms taken by staff are shown as well. The petitioner has affirmed that within the next two years they will expand their existing building, either internally or externally, or purchase additional or alternative space to accommodate their student body without portable classrooms. Preliminary expansion site plan is shown above. No public comments have been received on this item. Staff has no recommendation to the PZA for this request. Should the board approve this petition, staff recommends it is done with the following conditions. The approval letter and related documentation be recorded on the property with the Hamilton County Recorder's Office. Portable classrooms must be kept in good condition for the duration of their installation, including replacement of damaged skirting, paint touch-ups, and other maintenance as needed. Mission Christian Academy understands that no continuation of temporary space will be allowed after July of 2028, and the board will entertain no further requests for temporary space on the subject property after July of 2028. And Mission Christian Academy must expand the current building on the subject property to adequately accommodate a student population of 700 to be completed by July of 2028, or must acquire adequate and additional and permanent space at a separate location by July of 2028. Staff is available for questions.

I have a question for Mr. Ackerman. On the prior slide, we saw kind of your preliminary expansion plan. Can you comment on that? What's going on with it?

Yeah, we actually, I think in the packet, there was a rendering, too, of potential expansion here. We're either looking, that's the front side of the building. We're also looking at the back side. Actually, it might even be more advantageous, kind of off the sight line of 131st. We've been working with George Small, who's an architect in the area. He's done several projects with us internally in the building, and we will be using him to start going forward. And we will look at doing that pretty quickly, even getting on it right now, so we have some ample time to make sure this is all done within the two-year timeline.

You saw the commitments that the city's asking for. This is approved. Do you have any objection to any of those? No, not at all. Members of the board, any questions for Mr. Ackerman or staff?

To answer the question I was going to ask, that was a great question. I guess I have one question. Sure. proposed portables are, one and two that are currently there, then three and four. I presume that was parking area previously?

No, no, it's actually part of a kind of a wide driveway on the back side of that. It used to be a dock for trucks, so it's a very wide area there, which still allows us to bring in traffic through Parkside even by having those additional portables. Like I said, we've We're staggering traffic next year as well. So instead of having all the kids show up at one time, they're staggered by 20 minutes to half hour just to allow half of them to come and then the other half to come just so we don't snake out on the park side or publishers in any direction. And of course, the police are going to take over that traffic. So we're glad they are. Welcome them to help us do that. Thank you.

I have a question. Regarding the classroom number four, it does seem to be not encroaching necessarily, but up against that drive. What is the plan to, I guess, protect the pedestrian traffic to and from the classroom, keep them out of the driveway?

Yeah, the truth is there's no pedestrian traffic back there. To the right, as you look at the screen, to the right of building number four is where we have two lanes of traffic. And they come in and snake around the building to the front of the building. We try to use the whole entire parking lot so as not to have any traffic along the park side. So there's really no pedestrian traffic there. There's no parking spaces. Nobody parks back there. It's all done. on the top of the screen there on 131st. So we have 140 spots, I believe, that are available on our property, including the 20 that are on the left side of that screen as well. So we will fence it off once we would get them there. I mean, they're fenced now, but when we would add two more, we would do fencing around it just to make sure that safety is paramount there. Understood.

Any other questions for the petitioner or staff? At this time, I'm going to open the public hearing. Thank you, Mr. Ackerman. Thank you. Open the public hearing. If anyone's here from the public to speak to this petition, please raise your hand.

Mr. Ferrucci, can you confirm that your microphone is on? Thank you.

I'll repeat that. At this time, I'll open the public hearing. If anyone is here from the public to speak to this petition, please raise your hand. Seeing no one from the public, I'm going to close the public hearing. And members of the board, do we have a motion?

I'll make a motion. I make a motion that we approve VA 106-4 with the conditions that the approval letter and relative documentations be recorded on the property with the Hamilton County Reporter's Office. And the conditions 2, 3, and 4 we adhere to. And I'm going to add another condition. that you just alluded to is fencing off the area. Are you okay with that?

Do we have a motion? Do we have a second? I'll second that motion.

We have a motion and a second. Secretary?

Mr. Silvey?

Yes.

Mr. Grinslight? Yes. Mr. Stevenson? Yes. Mr. Ferrucci.

Yes, motion passes. Good luck to you gentlemen. Thank you. Our next order of business is VA-26-5. It's a request for consideration of a development standard variance from section 3.2.10.B.2D of the city's unified development ordinance to allow a rear setback of 15 feet rather than the required 20 feet for the construction of an attached three seasons rooms. Our petitioner is Mr. Mark Garinger at 8523 Legacy Court. Mr. Garinger? Did I say your name right, sir?

Hi, I'm Mark Geringer, 8523 Legacy Court here in Fishers. And we have the diagram here from the drawing that shows the three-season room getting added onto the back of the house. And apparently it runs slightly afoul of the rear in order to get this construction started.

I'm going to ask you to speak up, sir, if you would.

Sure. Thank you. Sorry. Thank you. I'm not sure what else, if there's any questions or...

So you're here asking for a setback from 15 feet as opposed to 20 feet.

Correct.

Correct? And you're building a three seasons room?

Yes.

And that's the reason for it?

Correct.

Okay. We understand what your petition's about, sir. Thank you. Thank you. We'll go ahead and ask staff to present.

Good evening. Grace Wiley, senior planner for the city of Fishers. The item before you today is a request for a development standards variance from section 3.2.10.B.2D of the city's UDO to allow a rear setback of 15 feet rather than the required 20 feet for the construction of an attached three seasons room. 8523 Legacy Court is located in the Heritage Meadows subdivision near Fishers Point Boulevard and Lantern Road. The property is zoned TCR, Town Center Residential, and regulated by the city's UDO. The surrounding area, as shown here, is zoned TCR as well. Fishers 2040 Comprehensive Plan designates this site as core residential. The proposed site plan is shown here with the proposed three seasons room highlighted in yellow. The proposed three seasons room will be located approximately 15 feet from the rear property line. There is a 10 foot drainage easement at the rear of the property which the proposed project will not encroach into. One public comment was received on this item expressing support for the request. That comment and the commenter's location are shown above. Staff has no recommendation to the BZA on this request. Should the board approve this petition, staff recommends it is done with the following condition. The approval letter and related documentation be recorded on the property with the Hamilton County Recorder's Office. Staff is available for questions.

Thank you, Grace. Members of the board, do we have any questions for petitioner or staff?

I have a question for the staff. As relates to this petition request, do you know if we have any Other requests that have been approved in this subdivision regarding the reduction of the rear setback?

I do not know. I'm sorry. Okay.

At this time, I'm going to open the public hearing. If anyone is here from the public to speak to this petition, please raise your hand. Anyone for this petition? Seeing none, I'll close the public hearing and entertain a motion.

I'll make a motion again. I make a motion that we approve VA-26-5 with the condition that the approval letter and related documentations be recorded with the property at the Hamilton County Reporter's Office.

Very good. We have a motion. Do we have a second? Second. Secretary?

Mr. Silvey?

Yes.

Mr. Grinslake? Yes. Mr. Stevenson? Yes. Mr. Ferrucci.

Yes, motion passes. Good luck to you, sir. Our last order of business on the hearing this evening is Pendleton Short-Term Rental, address of 13962 Wakefield Place, case number SE-26-2. It's consideration of a special exception to allow for a short-term rental use on a property zoned R5 residential. Our petitioner is Linda Pendleton.

Good evening members of the board. My name is Linda Pendleton and my husband and I live at 8750 Harrison Parkway in Harrison Lakes, less than a half a mile from the property 13962 Wakefield Place in Harrison Green. I'm here today to respectfully request a special exception that would allow our property to continue operating as a short-term rental. My mother purchased this home in 2000 and lived there for more than 20 years before moving to assisted living at Allisonville Meadows in 2022. Having her so close for more than 20 years was a tremendous blessing for our family. Our sons grew up walking and biking to Mimi's house and we always appreciated the safety and sense of community that Fishers provides. When my mother moved, our family chose to retain her home and operate it as a short-term rental. Our primary goals were to maintain the property in excellent condition and generate income to support her care expenses. The home successfully fulfilled those purposes. Sadly, my mother passed away this March and ownership of the property is now mine and my sister Robin's. Robin and her husband are also Fishers residents living in Brindenshire. Over the past three and a half years, we four, including my husband and brother-in-law, have genuinely enjoyed hosting visitors and sharing our community with them, and we hope to continue doing so. Earlier this year, while correcting a previously overlooked homestead exemption issue, we received notice that our property was not in compliance with the city's short-term rental ordinance. Upon contacting the city, we learned that long-term rentals are permitted for us, but running our property as a short-term rental would require a special exception. That brings us to today. A common question we often get is, why do we not simply convert the property to a long-term rental? The answer is simply accountability and property stewardship. With a short-term rental, either we or our cleaning team are in the home every few days. We identify and address maintenance issues immediately rather than discovering them months later. As a result, the property remains in exceptional condition, and even as we have had short-term rentals, our reviews are excellent. The same is true outside. We personally oversee the landscaping, exterior maintenance, and curb appeal. Because we live just minutes away and are actively marketing the property, we have a strong incentive to keep it looking its best. We believe the home contributes positively to the neighborhood and reflects well on Harrison Green. Safety is our highest priority for our guests, our neighbors, the neighborhood, and quite frankly, our house. Unlike a traditional lease, the Airbnb platform allows us to review and vet every reservation request before accepting it. Airbnb is just the platform that we use, so I might use Airbnb and short-term rental interchangeably. For our short-term renting, our practices include holding a strict no parties policy, screening guest inquiries before approval, declining reservations that appear inconsistent with our house rules, regular monitoring of the property because we live only minutes away. We have turned away potential guests who wanted to host large gatherings, birthday parties, or events that exceeded our occupancy limits. We are willing to lose business if it means protecting the neighborhood. In addition, Airbnb itself maintains a no party policy and provides support to hosts and neighbors when violations are reported. We have personally experienced Airbnb's enforcement of those standards. On this screen, I've displayed the Airbnb website where it acknowledges that they prohibit parties and events and support hosts in the event of guests who do not comply. Most importantly, our own track record demonstrates responsible operation In more than three and a half years of hosting, we've maintained a safe, quiet environment and have not experienced the types of issues often associated with poorly managed short-term rentals. I believe a police report history was requested for this meeting. Is that right?

Staff did not receive a request for that.

Okay. We've never had the police called on our property. I thought that that was being done. But yeah, we have not had the police ever called. From the beginning, we believed transparency was essential. Before we began operating the rental in 2022, we went door to door, introducing ourselves, explaining our plans, meeting with the HOA president and inviting neighbors to an open house at my mom's home, which at the time then we furnished completely to update for guests. As a result, many of our closest neighbors have become our strongest partners. They have our direct contact information and they know they can reach out to us immediately if they ever have any concerns. Several have even used the property themselves for visiting family members. Following receipt of the city's notice this spring, we again visited neighbors throughout the area to ensure we had not overlooked any concerns or frustrations. We went door to door, the next slide, we went door to door and asked our neighbors about any challenges with our property. The check marks on this map indicate the neighbors we spoke to who live nearby, and the next slide shows, we focused on the neighbors closest to the house. Some weren't home and didn't answer the door, but we tried everyone nearby. The response was overwhelmingly positive. Neighbors consistently reported that the property is well maintained, guests have been respectful and friendly, our neighbors have not experienced disruptions, and they support our continued operation. The neighbors also participated in a survey for us, signed a petition of support, or submitted an email regarding their experiences. I'll share some of their emails in a bit, but you do have in your packet copies of some of the surveys and petition that our neighbors completed. Two neighbors who had recently moved into the neighborhood chose not to participate because they felt they had not lived there long enough to form an opinion. Beyond that, the feedback was 100% supportive. I want to share an anecdote. One guest experience had many cars arrive at our house one morning. Our neighbor called us and asked if we were aware that there were a lot of vehicles at the property. This was a while back. It might have been in 2024. She was not reporting a problem. She just wanted to verify that we were aware of the situation. We thanked her for calling and immediately contacted the guest to ask what was going on. The guest informed us that their bridal party was gathering at the house before their wedding, and within an hour, all the vehicles were gone. but that interaction illustrates the relationship we've built with our neighbors, open communication, trust, and responsiveness. Short-term rentals serve a practical need for many visitors, particularly larger families and groups for whom hotel accommodations may be difficult or cost prohibitive. Our guests visit Fishers for many reasons, including family gatherings, weddings, business travel, youth sports, and concerts at Ruoff Music Center. During their stay, we encourage them to visit local restaurants, shops, and attractions, helping support Fisher's businesses and contribute to the local economy. In addition, our property generates occupancy tax revenue. Over the past three and a half years, more than $18,000 in occupancy taxes have been collected and remitted through Airbnb on behalf of our guests. When we review our account for our short-term rental online, our Airbnb platform provides the running total of our occupancy tax payments. You can see on the screen that this month, and this month is May, last month, $426.61 in occupancy taxes were collected from our guests and remitted to taxing authorities on our behalf. I've also included a spreadsheet of occupancy tax amounts that have been paid on our behalf over the last three and a half years. During 2022, we rented to guests for only two months, but here's a breakdown of each year's occupancy taxes to date. Now, more than $18,000. I suppose this goes without saying, but occupancy taxes are not paid in long-term rental scenarios. I just thought I would throw that in. Today, I stand before you not as an absentee property owner, but as a Fishers resident with deep roots in the community. My family lives nearby, we maintain the property personally, we communicate with our neighbors, we carefully screen guests, and we have demonstrated through more than three and a half years of operation that this home can function as a successful short-term rental while remaining a positive part of the neighborhood. Other than the safety of the community, I haven't been given a rubric for the elements needed for approval for continuing our house as a short-term rental. We've tried to figure out what you're looking for and are presenting it here. Our house is an asset to our neighborhood and we respectfully ask the board to grant a special exception that will allow us to continue operating this property as a short-term rental. If what I've presented so far doesn't satisfy exactly what you're looking for to grant us an exception, My hope is that you will ask questions so we can present you the information you need. I added our surveys to the packet that you have. I'd also like to share emails that four of our neighbors sent in support of our continuing to run our property as an Airbnb. The first neighbor, to whom it may concern, my name is Patricia and my husband and I own a home three houses down from the Airbnb. We actually used the rental during our daughter's graduation last June and had a wonderful experience. It was so helpful to have our family near us but still have their own space. We would not hesitate to use this rental again in the future. And then I highlighted, there have never been any concerns or issues with it being an Airbnb. It is well maintained and never a disturbance. I work from home and have never noticed anything but normal activity, thank you. The next email we received from our next door neighbor, good morning, I wanted to take a minute to express how much we have loved having an Airbnb next door to us. We've been able to meet so many wonderful, friendly people over the last few years. The yard is always well maintained and the exterior of the home continues to look pristine. In the last three and a half years, we truly have never had a negative experience with the Airbnb. In fact, I'm more concerned about the potential of a long-term rental being next door to us. With having frequent short-term stays, the owners are able to be diligent in consistent upkeep of the property, maintaining wonderful curb appeal. We appreciate the positives this Airbnb have brought to our neighborhood and hope to see it continue to thrive for many years. A third neighbor opinion. Hi, David and Linda. Happy to share our experience as a neighbor of your Airbnb who has lived here for over a decade.

We've appreciated your transparency and communication over the years. We've felt informed of what's going on and appreciate the opportunity to provide input.

No other rental owner, property manager in the neighborhood has done that. Having an owner we personally know gives us peace of mind and a local point of contact. The larger venture capital firms, investment groups that own long-term rental properties nearby do not provide this. We have appreciated how your Airbnb has been run and have never had any issues with guests, noise, et cetera. The property is meticulously maintained. I see landscape work and upkeep being done multiple times a week. Again, all this contrasts venture capital investors that own multiple properties, have no vested interest in the community, do not communicate at all with the neighbors, neglect maintenance and upkeep, and poorly vet tenants. Whereas with you and your Airbnb, we know you personally and have an open line of communication and have had a great experience. Feel free to reach out. The last one. I'm almost done.

We have it in the packet.

I'm sorry?

We have it in the packet. Excellent. Okay, so I don't, if you'd like to read it, you're welcome to, but I think we've all seen it.

That's great. I wasn't honestly sure if everyone had the time to read the whole packet. But I do appreciate your time and consideration. I and my family hope we can adequately answer any questions and address any concerns that you would have.

We appreciate the thoroughness of what you've made your petition. Thank you. We're going to open up to staff now. Thank you.

Good evening. Grace Wiley, senior planner for the city of Fishers. Item before you tonight is a request for a special exception to allow for short-term rental use on a property zoned R5 residential. The state of Indiana does not allow municipalities that are owner-occupied, meaning the homeowner lives at the residence, to be regulated. to regulate short-term rentals. This property is not owner-occupied and therefore requires a special exception to be operated as a short-term rental. 13962 Wakefield Place is located in the Harrison Green subdivision near Allisonville Road and 141st Street. Property is zoned R5 residential and regulated by the city's UDO. The surrounding area, as shown here, is zoned R5 as well. Fisher's 2040 Comprehensive Plan designates this site as suburban residential. The purpose of suburban residential is to provide single family residential at a density of two to four dwelling units per acre. The home is currently listed on Airbnb with immediate availability. The listing is for the entire home and up to 10 guests with three bedrooms, five beds, and two bathrooms. The listing appears to have been active since November of 2022. A screenshot from the listing is shown above. The noncompliant use came to the attention of staff as part of a routine enforcement of the city's rental registration policy in April of 2026. In addition to the letter submitted by the petitioner, one public comment was received expressing support for the request. That comment and the commenter's property are shown above. Staff has no recommendation to the BZA for this request. Should the board approve this petition, staff recommends that it's done with the following conditions. The approval letter and related documentation be recorded on the property with the Hamilton County Recorder's Office, and that the special exception is tied to the user and specific use. If the current property owner were to sell or vacate the property, the special exception would be void, and the property could no longer be operated as a short-term rental. Staff is available for questions.

Members of the board, do we have any questions for the petitioner or staff?

Yeah, I have one. For the petitioner, on one of your slides that you had that was showing the house and the lots around it, I noticed that there was about four, maybe five other houses that you had marked as rental. Yes, I was when we were going to rentals in the neighborhood. Do you know if they're long term or short term?

They're long term. Well, I believe there is a short term renter in the neighborhood. And I only know that from. from conversations with the neighbors. So I would go and say, oh, we're going door to door, and I haven't reached this person. And they'll say, oh, they're long-term renters. They don't own that property. And the individual at 13943, down on the lower side of the slide, told me that the house there was a short-term rental. And I told her, You know, if you care, if this is difficult, I want to know if I have any challenges for my property. But the city cares about what you think. And she indicated to me that she had not had any issues, but I've not met the owner of that property. I don't know them. I just have been told that that was a short-term rental.

Thank you.

Members of the board, any other questions for petitioner or staff?

Not at this time.

At this time, I'm going. Thank you, ma'am. You may sit back down. At this time, I'd like to open the public hearing. If anyone is here from the public to speak to this petition, could you raise your hand? Let me know how many folks might be here to speak to the petition. We have one. Ma'am, could you approach the podium, please? We have two. Very good. Go ahead, ma'am, if you would state your name and your address.

Rosemary Lannery 13963 Wakefield Place. Are you two together?

Are you together or separate?

I'm just coming up here with her. Oh, okay. I do live, I live, I'm Kendra Lamba and I live at 13972 Whittier Drive. So I'm just, if you look at the diagram, we're just behind their property, but just around the corner.

Very good. So ma'am, to my left, why don't you go first and go ahead and state what you'd like to say.

Okay. Well, we built our house on Lakeville Place 30 years ago. and had the privilege of living across the street from Lois. But I just want to say that we have no issues with the Airbnb. I mean, it's actually everything that Lois said is true about the experiences people have. There's no issues or anything like that. We have rentals, long-term rentals, and I really wish that those people took care of the property the way that the Pendletons do. So just saying that we've lived there for 30 years and we're supportive of this.

Very good. Thank you, ma'am.

Ma'am? Hi. Again, I live just behind the property. And so there's a... little porch area and the sunroom on the back. And so, I would think if there were any disturbances or anything, we would, you know, it's right there by our home. We have not experienced any disturbances from this property. In fact, we're, we're very much in support of this short-term rental just because of the fact that we feel that they, they maintain their property so well. And they do keep control. They have provided us with their phone numbers. So if we do have any issues, we have the opportunity to call them and they will address it immediately. And we know we have full confidence that they will. Again, as some of the other letters stated, our concerns with some of the long-term rentals in the neighborhood. their prop, the properties are not maintained well. Often we find that the lawns are not mowed. They're, um, and there, there are some issues with some repair issues, things that are not being repaired on the homes. So I feel like this property in question here is really helping to maintain our property values in our neighborhood with the way they've maintained this property and they are running their, the short-term rental.

Thank you. Anyone else from the public? Seeing none. I'll close the public hearing. Before we actually entertain a motion, please bear with me. The city's UDO section 10.2.19d talks about or sets out a number of factors that our board has to consider when we either move to approve or deny a short term rental. I'd like to state those for members of the public and for our board to consider as we go through. toward taking a motion. So the first is the establishment, maintenance or operation of the special exception will not be detrimental or to endanger the public health, safety, morals or general welfare. The second, the special exception will or will not be designed, constructed, operated or maintained to be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted substantially diminish and impair property value within the neighborhood, be harmonious and appropriate in appearance with the existing or intended character of the immediate vicinity, and change the essential character of the area. Our third, the establishment of the special exception will or will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district. Adequate Public safety facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools have been or are being provided and the special exception will or will not result in excessive additional requirements at public expense for such public facilities and services. The fifth, adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion and have vehicular approaches are designed so as not to create an interference with traffic on surrounding rights of way. Number six, the special exception will or will not be harmonious with and in accordance with the objectives of the comprehensive plan. And finally, the special exception will be in a zoning district where such use is permitted and that all other requirements of the zoning district in this ordinance, as may be applicable to such use, will be met. So those are the seven characteristics that we consider as we take a motion to either approve or deny a special exception.

And with that, members of the board, do we have a motion? Well, I'll just want to make comments, if I may, Mr. Chairman. Sure. Yeah. First of all, thanks for your presentation. And I guess for me as an individual, I was amazed and impressed by the comments that you received from your neighbors. And I wrote a few of those down, where the first one was said that this is an asset to the neighborhood. Secondly, we love having an Airbnb next to us. The property is meticulously maintained. So as I consider my vote here, in addition to the factors that we will have to consider for the special exception, I'll take those into consideration as well.

Thank you. Any other comments or questions? Members of the board, do you have a motion?

I'll make a motion. I'll make a motion that we approve SC-26-2. With the conditions that the approval letter and related documentations be recorded on the property with the Hamilton County Recorder's Office and the special exemption is tied to this user, this specific use, this specific current property owner are to sell it or vacate the property, the special exemption would be void.

We have a motion. Do we have a second? I'll second that motion. Secretary?

Mr. Grinsley?

Yes.

Mr. Silvey? Yes. Mr. Stevenson? Yes. Mr. Ferrucci?

Yes, and I'd like to add the comment that we've never had a special exception where every single piece of evidence we've considered has been positive. We've had many special exceptions where there have been a number of elements that led us to determine that it wasn't good to do a special exception because it was negative testimony and negative characteristics, things that did not meet the elements that I provided. I commend you for how you're handling this. I encourage you to consider doing that going forward, and thank you for a very thorough petition. Motion approved. Thank you. Getting back to our agenda, do we have any old business? No old business. Any new business? No new business. No new business. Staff communication? We will be back on Wednesday nights, July 22nd. Very good. With that, I'm going to adjourn the meeting this evening at 6.43.