Board of Zoning Appeals - Regular Meeting

I'd like to call to order the Fischer Board of Zoning Appeals meeting for September 24th, 2025. I'd ask everyone, if you're able, to please rise and join me in the pledge of allegiance. I pledge algiance 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. Thank you. Secretary, would you call the role, please? Yes. Mr. Fui, here. Mr. Ginslade, here. Mr. Sylvie

here. Mr. Stevenson here. Mr. Landon's not with us tonight, but we do have quorum. We do have a core. Very good. Our first order of business is approval of our previous minutes from August 27th, 2025. Do any of the board members have any modifications, revisions, amendments to the me to the minutes? I'll just I don't have any amendments. Um but I was not present for that meeting, so I'll abstain from voting. Okay. So, uh, all of the folks that were here last month in favor of minutes say I I minutes are adopted. Thank you. Can I confirm that everyone's mic is on?

I'm sorry. Can I just confirm that your microphones are on? Mine is on. Uh, Jeff's is on and Tom's. Is your microphone on? Yes, they're all on. All right. Thank you. Thank you. Our first order of Uh public hearing this evening is case DA25-10 King Jug Outdoor Seating Address 11110 Lantern Road is a request from consideration of a development standard variance from section one figure 1.3 development standards of the nickelplate district code NPDC to allow for outdoor dining. Our petitioner is Mike Finnegan. Mr. Finan.

Sure.

Mr. Finnegan, can you turn on the microphone? Sorry. Thank you. Can you guys hear me? Just hit push.

Push. All right. Um, we're just down the street about about six blocks from here. Took me about three minutes to get over here. Um, we're right off of Lantern Road, right as it turns to go into the neighborhood there. Um, we're kid familyfriendly restaurant. Uh, our hours are kid and family friendly. Uh, we do play live music, but for the, uh, mayors. Um, I guess advice, we move to acoustic this year. So, and then they've also, since the last time we were here, the reason why we had a continuence last time was because we were looking to get parking installed and and permitting in there. So, the parking has been, as far as we're concerned, widely effective. Um, and just to remind you, we did help fund the lot that is off the Chain Creek uh trail to actually expand parking in that area and more access to the park. So, we use it in the evening. The city uses it all day. So, uh, our capacity indoors is about 120. Uh, then we do flex about another I think 150 or so um, in the summer. Uh, so what this continues about was not necessarily the inside of the area, but just the ability to use the area around it. And kind of how we got here was um, quite frankly, at the time we filed the variance for the patio extension. We didn't realize there was a limit just to the boundaries of where we put the roof. So, we thought we could expand in there and that's kind of how we've been operating for the last three years. To give you a quick um synopsis of who we are, um I'm Mike Finnegan. I'm one of the owners and Randy is our managing partner. So, he's there every day. Uh we have about 50 employees in the Fisers area. Uh because of our expansion, so if we weren't able to get this variance, we would have to cut down on staff quite a bit. Most of those people do live and work in And I think we even have a few in the audience today. Um, as far as the entertainment stuff goes, um, like I said, I think when we opened originally, there wasn't a variance around music. So, we've taken a lot of recommendations from the city to lower that volume and affecting neighbors. And this summer, we've only been operating as an acoustic with no um, uh, I guess you could say percussion

instruments or or drums, if you will. Um, and we really haven't had a whole lot of issues. Um, when we did open, we ran into some of those issues just because being off the highway there, some of the sound was bouncing back in the neighborhood. We didn't really know, but since we made those adjustments, uh, it has been pretty smooth, at least according to the, um, folks at the police department. Anything to add?

Yeah, I just, if you just give me a second, just I really want to paint the picture of King because we're just getting such bad press and this is what King Brew is about. I just want you to understand taking for a second. You know, the last time the last time we were here, of course, there were several people that came up and and said that, you know, we're a bar, a pub, people get drunk, throw trash through the neighborhood, speed down the street, almost round kids over. I've heard that several times. um peeing in neighbors bushes. That's not us by any at all. That is what we are. This is what happens at King Jug Daily. It's a kid and dog friendly place. It the age is 35 to 65. We're not a bar. You can't you can't even order a shot in our in our place. We don't make Vegas bombs or anything like that. Um it's a scratch kitchen. It's not pub food. The only thing frozen in our in our store is French fries. We make everything in-house. We put $2 million into this building. Um, when we when we decided to open up a restaurant here, we wanted it to look like Fisers in a sense. What's going on in Fisers? It's a beautiful place. We have Aster turf at $44 a square foot. We put it We have oriental rugs. I probably got $10,000 worth of oriental rugs. We have custommade mahogany oak tables, um, umbrellas, beautiful chairs. This is a restaurant for families and we take a lot of pride in what it looks like and that's why it looks like that. We take a lot of pride in the our customers as

well. Um, you know, we call it the plus one. What can we do one step and above for the customer? And I think that's why we have lines out the door on Friday and Saturday. Just just to say again, we are not a bar. We close at 10:00, too. Our music stops at 9:30. There's nobody in that building after 10:00 most of the time. We might have a few stragglers that get out of there at 10, 10:30, but we close our place at 10:00 at night. We could have stayed open till 11:00. We or even 12. And I think by law, if I'm not, maybe you can correct me, but we could have played live music till 11:00 p.m. We did the 9:30 thing because we didn't want to piss a bunch of people around us off, you know. We we want our neighbors to be happy, you know. Um, that's why we cut the music at 9:30. I heard many a times through some of the people that we got up and spoke last time, you know, that uh, you know, there's trash everywhere and they speed down the street. Um, I saw some people in here that live right down the street from us and hopefully they can get up and say something as well on that same street that everybody complains that their cars are parked everywhere. It's really not the case. Now, on the other side where the circle goes around in the back, we can get some traffic, some cars there, which you know, and I'm so glad that the city finally put up some signs because I used to control the traffic and I don't have time, you know, and we spent thousands. Yeah, we've spent thousands of dollars on parking attendants, shuttles, you know, uh to help out with the parking before the signs got up. On Fridays and Saturdays, I I would have two guys in yellow vests down on the corner at Cheney Creek parking lot letting people know, hey, don't park in that neighborhood there. Try not to park here. Try not to park here. You know, we spent that just to help this the neighbors out so they're not complaining

and unhappy. As far as the sound goes, you know, I've heard so many times that that picture frames are rattling off and hitting the floor. We have 132 pictures on our wall. I wish I would have had a picture of the inside because we have frames of all of our customers everywhere. There's never been a frame ever fall off the wall. I have neighbors that live on Morgan Road that are here now that um you know that live right down. They can't even hear the music. We've had the police come out and I'm saying maybe three dozen tw 20 times over the summer we'll get calls to the police to come out to our restaurant for noise. Not one time. Not one has a has an officer said, "Hey, you got to turn the music down." Not once. I would also add to that we're one of the few places actually monitor it actively. So, we do have our own monitor sitting on the edge of our property to make sure we don't get the noise violation, which is why we don't have a noise violation at this point on our record. Um, and and I know Randy put up a picture of the kids. I'm I'm a 42-y old data free. We created this restaurant for something I would want to do, right? If I'm a resident of the neighborhood, what do what do I want to do? I want to go to a place where I can watch a game. It's awesome if they have a little bit of live music over dinner and I'm getting out of there by 9:00 because I got I got soccer practice, right? and and that's that was our focus at the very beginning and and I think that we very much embrace that. I think you'll hear from other people there, but we're just hoping to be a lot right outside because we do have a lot of people that work for us whose livelihoods depend on that. We flex a lot in the summer. A lot of those are college students that come in, but we do have a lot about 35 full-time employees that we would unfortunately have to lower that number, especially our kitchen staff, if we weren't able to operate because we do see our revenues go from almost upwards of $200 or $300,000 in the summer to about $100,000 in the winter. So, when we do flex down to that space, there's a big financial impact to to not only us, but also just our tax dollars that go back into the

community because we are on pace to be north of $3 million this year and county tax and and city taxes are attached to every single one of those dollars. So, the impact has grown over the years. The partnership with the city has been great to this point and we just like to be able to continue to operate where we're at. So, thank you both, gentlemen.

And just one more quick thing and I'll close. The other, you know, about the like you said, I mean, we we put a lot of time and money in our place. The bands since we've quit the live music, we used to have full bands. We had had music on Thursday, Saturday, and Sunday, three days a week. Right now, we're operating one day, maybe two days. Um, we don't even have live music three days away because it was tough for me to find bands after we decided not to do them anymore. It was too late. You have to book these bands months in in advance. But the band it's with not having live music, full bands, it's cost us almost 10% of our sales on on on some weekends. And I'm okay. We're okay with that. We're okay of losing that revenue to keep the city, our neighbors from complaining. And I mean there, you know, I mean, just, yeah, keep everybody happy. I've been spit on. I've had I've had neighbors yell and scream at me. I've had my employees assaulted. You know what I mean? And we're doing everything we can as owners. I mean, we both I've lived here 20 years. My partners have lived here their whole life. This We love Fishers. We love what's going on. We love the growth and and and and what's going on. I'm a huge we're a huge supporter of the city. You know, like he said, we we've given $30,000 for the the uh parking lot. Um we've given $15,000 for the lounge chairs for the beach. We've give we we support every high school softball teams, baseball teams. That's what that is. Look, they're in uniform right now. They came to our store cuz we we sponsor their teams.

When the event center opened up, we said, "Hey, we want to be the beer sponsor expansion team." Now we are an official beer fuel this year. We're invested in this community. We're echo. Absolutely. But like I said, as far as the music, again, the acoustic was fine. I'm happy with it. As long as the c is our neighbors are happy and they're they're they're getting some relief now from the music, but taking tables away from us or anything like that would highly highly affect us. Um and again, that's what it is. There's what you're looking at. Thank you. So, thank you guys for all your Thank you, gentlemen. We'll we'll hear from staff and if we have any questions for you, we'll bring you back up. All right. I appreciate it. Thank you,

Staff. Uh, good evening. Uh, my name is Lucas Smith, zoning administrator for the city of Fisers. Uh tonight petitioner is seeking a variance from section one figure 1.3 of the nickelplate district code to allow for outdoor dining at 11110 Lantern Road. The board heard this petition at the June BZA meeting and the matter was continued in order to provide time for clarity on the parking program that has since went into effect on September 2nd. Tonight's hearing is strictly concerning the variance for outdoor seating. Nothing related to the parking program is being voted on this evening. Um on the screen you will see the property is located within the nickel plate district and is zoned village center as shown in yellow on the screen. Adjacent properties are residential zoned as village center in yellow and town center residential zone in blue. Uh the Fiser's 2040 comprehensive plan designates the land for neighborhood mixed use which is defined as a district of neighborhoodsized nodes of services, amenities, and gathering spaces set in a pedestrian-friendly environment. In March of 2023, King Jug received a variance for outdoor seating that only included the covered patio shown on the screen in blue. Today's proposal is to include two additional areas shown in orange and purple respectively. For context, as derived by the city's fire marshal and building commissioner in accordance with state regulations, the occup occupancy limits are as follows. 84 for the covered patio shown in blue, 265 for the standing area shown in orange, and 126 for the seated area shown in purple. Additionally, the

standing and seating areas could be reconfigured to allow for a standing only area with a maximum occupancy of 320 people. Also of note, the applicant has worked closely with the city ahead of the June meeting in order to craft other limitations on the use of the space, including the equipment, instruments, and size of entertainment acts that they have at their restaurant. The city has received six public comments on this matter. The first three you heard in the June meeting. Um, since we've received three additional public comments, however, they are all related to the parking program being applied to Morgan Drive, which you can see on the north of the image there. Um, all at that corner of Morgan and Lantern. Their concern is that the parking pass may not apply to that area. However, that is not relevant to what is being put on this evening. Since the previous hearing on this matter in June, the parking program went into effect on September 2nd. Police after speaking to the chief police has not issued any parking citations and has not received any additional noise complaints about King Jug since the June meeting. Um, additionally, petitioner and staff have agreed to terms on the right ofway encroachment agreement which will now go to the board of works meeting next month for approval. With all that said, staff recommends approval with the following conditions. The approval letter and relative documentation be recorded on the property with the Hamilton County Recorders Office. That King Jug has acoustic music only. That will not include drum lots or sets or percussion, bass guitars, electronic keyboards, and/or playover tracks cannot be plugged into an amplifier TPA system. No more than three instruments can be used at the same time. All other instruments, microphones, or other sounds will remain at or below the decel level as prescribed in city code. Occupancy limits set by the fire

marshall and building commissioner are to be followed. Those are 332 for standing room only, standing and seated, 265 standing, 120 for the 126 for the seated area, and 84 for the covered patio area. Lastly, the applicant has worked with the Fischer Engineering Department Corporation Council in order to define the agreement of the public rightway encroachment agreement and that again is to go to public works next month. Um, I am here to answer any of your questions as well as the petitioner. Members of the board, do we have questions for staff or petitioner? No.

No. Okay. We have no questions for staff or petitioner. At this time, I'm going to open the public hearing. And for members of the public who wish to speak, the Board of Zoning Appeals rules, uh, limit your speaking to three minutes. And I also ask that if you're approaching the podium and someone before you has said something that you're going to say that we don't have you repeat what they had to say, you can say, I echo the comments of the person before me to keep everyone's time uh uh valued. So to get a show of hands, how many folks are here to speak to this petition? How many do we have? One. We have some folks in the back and and the gentleman over there. Okay. So sir, I'm going to ask you to come up first. State your name and address. Approach the podium. Come up to the podium, sir.

State your name and address. And my name is Daniel. And where do you live, sir? I live in Lagassin Court. Can you the address? 8543. Thank you. Go ahead, sir.

That is the second block from that restaurant. Okay. It's called John King. I don't like we still against my all many people in my community. We we always discuss about this restaurant. We are feeling very strange. Why this restaurant open in our community residential community? You look around the whole entire future city. We never see that in other communities. Residential. I visited my many friends, their community or their residential area is so quiet, so safe. But I look at my development and community, it's so noisy, not safe. A lot of people walk around treat that area like a state park. Is it here? Is not a state park, not a national park. Here is a very quiet national uh residential community. We need a quiet and safe but that restaurant over there noisy be my neighbor walked away last year just because of this restaurant. His little daughter was almost run over by the visitor's truck. That's why you he's very mad. He walked away. Now this new successor bought this house. He also said, "Oh, too many people walk around. Just look inside of his fence. Look just just like just like Zoom, you know, look inside. What inside or what is cat or what is dog?" It's just many people just order that quiet area. So all the dog dining against

Thank you. We just need to quiet. Thank you for your Thank you for uh over here. The next person, please raise your hand so I can Who who would like to speak next? Sir,

who you state your name and address? Uh Rich Brunt, 8468 Manship Drive. Live in the Heritage that's adjacent to the Thank you. the King Jug. Um I actually enjoy King Jug a lot. The adjustments they have made. Can't hear the music from my house. I live I know all my neighbors we we've all lived there for a long time. Um King Jug did have some growing pains in the beginning trying to find their way out but the parking and everything is fine I think and the you know the hours I think it's alleviated most of the complaints from the neighborhood obviously a neighbor that just spoke that feels different but just thought I'd

thank you for your time sir appreciate it. Next person who'd like to speak. Anyone else? Sir, please step forward. State your name and address.

Yeah, Wayne Bach. If you so uh 9515 Pine Creek Drive, Indianapolis. Um, you know, it's it's a fine establishment. It is a welcoming establishment. It is something that was really needed in the area. It's a friendly place. always greetings, get wonderful greetings, great staff, everybody's involved. It's it's fun. Um, and the accommodations that the owners and and management have done to accommodate makes you know that they're not it's not about the world revolving around them. They are taking account that I just wonder about all the other complaints that we have to live with each other and account for each other and you're going to have to have business. small businesses should be able to thrive in one in these kind of areas. I think it's a great example for how Fisers should be and continuing to grow. It's it's a great friendly open spot. Wonderful especially with great when great weather is out here and they do accommodations even in the winter. It's just a wonderful spot to go and I'm frequent visitor. My family's a frequent visitor. were all very comfortable and they just have a wonderful um reproachment of everyone and I just I'm just a very very happy patron of that place and I would I'm glad and hopefully that you know these accommodations will be appropriate and it will continue to thrive. It's a wonderful business. Thank you.

Thank you Mr. Bagenfus.

Anyone else here to speak to this petition? Hello, my name is Joe Nixon. I'm a resident at 7611 St. George Boulevard in Fischers. Um, so I fully support King Jug. I love what they're doing. I think it's a great business. I said that last time. Uh, the issue that I have is, you know, you dis discontin or you continued this a couple months to figure out noise and parking. I think noise has been taken care of with the noise restraints that were put in place. Parking was supposed to be addressed by the parking permit program and unfortunately in that process, Morgan Drive got included into that program and Morgan Drive really should not be in that program. It's a unique type of street. It's a mixeduse street. The parking on Morgan Drive serves six other small businesses on Lantern Road. So now that permit is restricting that parking from the small business uses and that was all the master plan. This this was put in place in 2018. It was all planned that way. So because of fears of King Jug parking, you know, now our small businesses are being uh detrimentally impacted. And I think it's an overblown fear. I think as you've heard, King Jug maybe went through a few growing pains early on. maybe they were, you know, got a little too big for their britches with their live music. Uh bands were a little too big, bringing in too many people, more than the parking down there could accommodate. So, there's some issues with that. I think they've addressed those issues. I think they've scaled that down. So, now I really don't think you're going to see King Jug patrons parking all the way up on Morgan Drive. It's far away. It's 600 yards away. Um so, I think the better approach would be let's wait and see. See if there actually is a problem on Morgan Drive. Then we can address that. You know, I don't want the residents on Morgan Drive to have any problems with King Junk parking. I want them to be happy. But I really think there there really isn't a problem to address, but we're restricting the small business parking, which that's a problem right there. So, I think it'd be much better to wait and see if there is a problem, then we can talk about solutions at that time. I have a lot of other solutions other than the parking permit program that I think would help. We don't need to get into that now. Um, I would be happy to

discuss that with anybody uh interested in that. Sir, we appreciate you coming forward and sharing your thoughts and your ideas with us. As a board, the Board of Zoning Appeals has no jurisdiction over the parking. So, we we have no say in whatever parking permits have been issued, whatever parking plan is put in place by the city of Fisers.

I understand that. But the point of this expansion is related to parking and per the nicolate district code. If a company is looking to do a project and whether it's office space or restaurant seating or whatever, it has to be analyzed per the code and see if they have the parking to to meet that. And so you guys continued this for 60 days to figure that out. And I'm telling you the solution has caused another problem. So I would just request that um as one of the conditions if you could put on the next board of works meeting an opportunity to discuss Morgan Drive and then the Lantern Road business owners can can speak to the board of public works because we never got that chance. We never got notice. Morgan Drive was never included in the program. It was added last minute at the board of public works and we didn't know that was going to happen. We saw the list of streets. Morgan Drive wasn't on there. We thought we were good. So we never really had a chance. No one's ever had a rational conversation about Warren Drive and we would just like that opportunity.

Thank you Tom. Thank you sir. I think staff has noted the comments of the or the romonstrator. Thank you. Anyone else here to speak to this? Okay. Step forward to state your name and address please.

My name is Kyle H. Appreciate uh the opportunity to speak. Uh much of what Joe said I would echo. I'm a business owner. My name, as I said, Kyle Hay. It's Total Health Chiropractic. I'm at 11401 Lantern Road and um parking in our area is a a big concern. Um, particularly with my business, I treat a lot of elderly and handicapped people that come in uh for pain relief. And uh any kind of parking restrictions along Morgan Drive could potentially um affect patients that are are coming to see me for treatment in addition to all the other businesses in that area. And uh as Joe mentioned, I don't think a lot of consideration was uh given to any parking restrictions along Morgan Drive. And um uh so I don't I don't want to speak any more on that. I think Joe covered that very well. Uh but I did want to uh also bring to the board's attention there is an opportunity with the the massive construction along the school at the school across the street. there's a potential to u create a win-win situation parking wise if we can um access uh several parking spots from say 8 to 5 during the day uh that would help slow traffic in the area and keep it safer for the kids uh benefiting all the businesses including mine and so I would like to at least put that in uh in all of your your ear if you will so that um that's maybe something at another board meeting that we could look into further with more of the uh more of the business owners uh present. So,

thank you, sir. Thank you. Thank you, sir.

Hi. Uh my name is Brent Gutswiller. I'm at 11329 Meadows Drive. Um I'm one of the newer houses that's kind of in the middle of that street. Um, I actually ditto what both of those said about the parking and I would actually include Meadows Drive on that as well. Um, King Jug is not the parking problem on Meadows or Morgan. So, that's turned out to be a big inconvenience for any of the residents living there. I know that's not what this is about, but if you're going to consider Morgan, I think we need to look at Meadows, too. Um, you know, Joe mentioned the master plan, right? and he mentioned, you know, the whole idea of this area, South Village, is an urban downtown area where you can walk to restaurants, walk to wherever you want to go. There's there's apartments, town houses, houses. Um, it's just a bustling downtown community like downtown Karma is. That's why I made a major investment in downtown Fischers was because I wanted that type of community. and the restrictions that are starting to put on on this area are starting to make me double or I guess reconsider why I made that investment. So, I understand why some of the neighbors are upset that have lived there a long time because they don't like it. Well, that's not what this neighborhood is and that's not what the city's master plan says. So, when those when residents say that, I do respect their opinion. That's not what this area is anymore. And so I think there's a minority that's very loud in um contesting King Jug and what they're going on. And I think that's part of the issue here. Um I love King Jug. I've got a 10 and 12-year-old daughter. They want to go there almost every night of the week. Um they love playing basketball. They love running around with their friends. They love doing all these things. So all this stuff that's said about King Jug is not at all the case. I do think like a couple people said, there are some growing pains. They figured that out with some of the loud music and stuff like that. But this really is a community gathering center. Uh when we have sporting events at school, we all go to King Jug. That's

our spot. Um I've got friends in Caramel that want to come to King Jug. I you know, people from everywhere. It's not just people that live in this neighborhood. So I would hate to see us limit any of the things they're doing because it's already crowded enough the way it is because it's so popular and people love it. Um so I would hope that you guys would consider those recommendations and and uh follow through with them. Thank you. Thank you for your time, sir. Anyone else?

Good evening. Roy Ward, 11321 Meadows Drive. I would echo Joe Kyle and Brent on the parking and I would be inclusive of Meadows in that as well. Um, this is an interesting meeting for me. It's my first one. It's a great great form. So, thank you guys. I always find it interesting um when people get uncomfortable with new things and then make claims. I'm just curious and maybe it's for a different meeting how we corroborate those claims, right? Because I live 200 yards from King Jud even when I propose we do more than acoustic music because my family loves it. But that that's beside the point and I was never able to hear music ever. So those apartments for sure they can hear it. So that's one thing that should be considered. um maybe the two houses across the street, but I'm on a walk six days a week if I'm not traveling. He plays music on Sundays. I can tell you as I turn the corner past the trail into the woods and walk towards his parking lot into that neighborhood, you can barely hear the music. So, I think one important thing that hasn't been brought up is is making sure that we're based in facts and what's actually going on, right? Because, you know, when you're doing something great like Randy, and I apologize. I mean, we had a partner. I forget his name. He did a good job up here. when you're doing something great, there's always going to be people who are against you. Um, and and I don't usually come to things like this. Um, but I felt compelled to do that because I've got a 12, I've got a 17, I've got a 19-year-old daughter. Not only do they like the food and the atmosphere, but it's become a part of our ethos and our culture, and it's become part of Fiser's culture as well. Um, we need more of that, not less of that, right? There's a couple other places in town that are not like that. That potentially people might be walking out of there after too many shots and doing things we don't want them to do. That's not what King Jug is. Um so so that's that it's just crazy to me even that Randy told me that this was going on tonight, but it's the appropriate cadence and process. Um, I just hope that that due process is

served out and and these guys can continue to contribute to the community from a philanthropic perspective, from a cultural perspective, from a food and entertainment perspective, um, and do more of it and and the people that are are making the claims. I would encourage Randy and your partner to figure out how to maybe be more inclusive, right? Because there's no way you go to that establishment and it's owner operated, right? You guys have all gone to restaurants, right? Chains versus owner operated places. I mean, they I mean, there's it is a great great place and I think more people should experience what they're about. Um, and I would I would contend that people who haven't are the ones that maybe have a problem with it. So, I really appreciate your time. Appreciate the opportunity to get up and chat and uh maybe I'll be back. Thanks, guys.

Thank you, sir. Anyone else? Seeing no one else, I'm going to close the public hearing. Members of the board, do we have any questions for staff before we entertain a motion? I don't know.

Okay, I will entertain a motion. Um, ladies and gentlemen, the factors that we consider in whether to grant or deny a petition uh are are essentially three-fold. Whether our approval will or will not be injurious to the public health, safety, morals, and general welfare of the community. whether the use and value of the area adjacent to the property included in the variance will be affected in a substantially adverse manner and the strict application of the terms of the zoning ordinance will not result or will result in practical difficulties in the use of the property. So those are the factors that we we consider. We consider your public comment. we consider staff's recommendation and we weigh all of those factors in making a motion and then voting on the motion. So with those factors in mind and with all the comments that you've had and staff's u staff's recommendation, I'll ask members of the board if there is a motion to approve the petition.

I'll make a motion. I make a motion that we approve VA25-10 with the conditions that the approval letter and related documentations including items 2, three, and four on the staff recommendation list be recorded on the property with the Hamilton County Recorders Office. We have a motion. Do we have a second for that motion? I'll second that. We have a second. Secretary, you call the role, please. Mr. Ginslade. Yes. Mr. Sylvie, yes. Mr. Stevenson, yes. And Mr. Fucci,

yes. Motion passes. I'd like to thank everyone for your careful consideration and thank you. I wish King Jucks luck and thank you for those that have spoken in opposition to this too. We appreciate your comments very much. Our next order of business is case VA25-14. It's a request for consideration of a development standard variance from sections 3.2.3b of the city's unified development ordinance to allow an increase in the maximum height of a proposed home from 35 to 39 ft. Our petitioner is David Duke. Mr. Duke

Oh, I'm sorry. My apologies, Mr. Williams. My apologies. I'm out of order. Good evening, members of the board. I'm attorney John Cross here on behalf of petitioner and the owner here who's here in person. This is McAll of Homes who's going to be home. He'll speak first. My address is 13 North State Street, Indiana. You're good. Thank you. Hello, I'm Nick Gallagher with Carrington Homes. Our office is uh 10418 Hay Road in Fisers. Thank you. Go ahead, sir. Is there a way I can uh access the slide presentation?

Yes. Um Rob, can you bring the PowerPoint back up?

Um well, anyway, um we just wanted to uh I wanted to be able to give a little bit of a commentary regarding our request. We are contracted by uh Mr. and Mrs. Boyd to build here. Now, how do I You can use the keyboard arrows to click through

keyboard. Okay. Um so, this is a color rendering of what the home is proposed to look like front um in the street from Haven Cove. And this is uh the view from the rear from the gist. Um we wanted to point out that uh this elevation view you can see here is what we had originally proposed uh which was 39 ft tall at a certain portion of the home. That area is shown here in red. This would be the area that's over the 35 ft. Um, and so we would like to also show you if we were to make it in compliance, how that changed the exterior appearance. And I just wanted to comment from a practical point of view that the Gistster Reservoir, the 100year flood, we is 787.96 sea level elevation and our basement floor of the home is exactly that 787.96. We brought it down as far as possible. Uh the basement is only 10 foot high and the main floor is 12 as is every other home we've built in that neighborhood is 12 and the second floor is 9 foot 7. So not excessively tall. Um and with the classic styling of the home, the main roof pitch is actually only 812 is what's creating that height. um which for a classic traditional design as this that's actually not excessive uh at all. So um just wanted to point out in context that we're we made the efforts we could with the home placement and such to comply as much as

possible uh with with the requirement and you can see what area we're being concerned with here. Um so anyway in the interest of beautiful architecture we would we would hope the variance could be here. Thank you sir.

Uh just a little more background. Um briefly the void bought this lot back in October 2024. Uh the area has other homes that are either being constructed or have been constructed um with height variances that have gone up to 42 feet. From our research uh the boys here they have used Emily Hanky Design to design their home and they want to and hope to build consistent with the other uh houses in the area. Uh you saw the proposed elevations. It's going to be a nice leisure design uh project uh on the street. Uh for the things that are of typical concern to you, approval here won't have any sort of injurous impact uh on the area. Uh the variance height of 39 ft is 4T over the 35 ft requirement. Uh this is consistent with other homes in the area and less than other ones uh that have been granted as well. uh for the same reasons. This is not going to have any sort of substantial adverse impact on the use or value of the of the properties. It will in fact make it consistent in align with the other homes uh and make it consistent with the enhanced property values with these other luxury designed homes uh in the area as well. And uh finally, it is common for this area particularly to have the luxury designed homes in the area and in order to build to the the size and the height uh to be compared to them, this variance is needed. Uh, and again, this is a a minimal deviation as shown by the uh the screenshot that we have. This is only going to be not the entire roof line because this lot is a little bit longer. It's a little bit wider. So, the house appears wider than probably other ones on the street that aren't as wide, but the actual roof line that will be over the 35 ft is not substantial compared to the length of the house. Uh, besides that, this project uh does meet all the other Marina, PUB, and R2 development standards and we are not aware of any remmonstrance that we've heard and so we would respectfully request approval of the same and we'd be happy to answer any questions if there'll be any.

Thank you. We're going to hold our questions until after we hear from the staff.

Thank you. Good evening. Grace Wy, planner for the city of Fisers. The item before you today is request for consideration of a development standards variance from section 3.2.3B of the city's unified development ordinance to allow an increase in the maximum height of a proposed home from 35 ft to 39 ft. 10732 Haven Cove Lane is located along Gist Reservoir off of Olio Road. It is zoned PUDM and is surrounded by residential uses. The Fischer 2040 plan identifies this area as suburban residential. The variance request aligns with the comprehensive plan. The property is zoned PUDM and regulated by the Marina PUD. The surrounding area as shown here is zoned under the Marina PUB as well. Fischer's 2040 comprehensive plan designates the site as suburban residential. The purpose of suburban residential is to include single family dwelling units at 2 to four dwelling units per acre. The proposed elevations are shown here. No public comments have been received on this item. Staff has no recommendation to the board of zoning appeals for 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 Reporters Office. Staff is available for questions.

Thank you. Members of the board, do we have any questions for petition or staff? No. 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 here to speak to this petition? Seeing none, I'll close the public hearing. Ask the board uh for a recommendation or a motion. I'll make a motion. Go ahead, Mr. Green. I'll make a motion that we approve VA25-14 with the condition that the approval letter and rated related documentation be recorded on the property with the Hamilton County Recorders Office. We have a motion. Do we have a second? I'll second that motion. Thank you, Secretary. Mr. Gins, yes. Mr. Sylvie,

yes. Mr. Stevenson, yes. Mr. Fucci,

yes. Motion passes. Thank you. Our next order of business is KCDA25-15, consideration of a development standard variance from section 6.3.4B4A, [Music] residential automobile storage standards of the city's unified development ordinance to allow the front loaded garage to extend 12 feet in front of the front facade. Our petitioner is Mr. David Duke. Thank you for your patience. I'm sorry I mis miscalled you last time, but go ahead, sir. Good evening everyone. So I'm going to skip forward to give you a little context. Uh this is the the front elevation for the home and the top level um design which shows uh actually to the front of the porch a 10 foot uh set back of the front porch from the front of the garage. This home is on 131st Street next to San Creek Intermediate School where my wife works. She's going to love that commute. Um and across the High School. It's set back over 600 ft away from 131st Street um along this Treeline Drive. There's currently a mobile home there. Um and due to a variety of factors, we have selected this shape of the um the build. Because of the elevation, we want to be up at a higher elevation. There's a substantial drainage on the top left portion of the property. So, we would want to be up away from that. Um the regular property shape. We want to stay a little bit away from our neighbors there. Um accessibility, trying to have the home where front and rear injury are minimal stepwise. Had 16 surgeries. I see what's coming. Trying to prep for that in the future and have this be our home for the next 25 years. Um be as close as we can to city water since running that is substantially a substantial cost. Uh there's mature trees on both sides of

the the primary build location which we would really like to keep aesthetically. It really adds to the uh the feel of the property that we love. There's a treeine drive uh as you come up. We like that visual of driving straight with the trees on the side and we've got a great wide open green spot which we really want to keep. Um we've reviewed a variety of other options. Um, if we go with a side entry garage, we we need to push the home to either side, cutting down some trees, reducing that green space, and also adding to the cost and pushing us over our build budget. And overall, because it's um 600 feet plus away from the street, there's minimal aesthetic impact from this variance. So, um to summarize that setback on that side with the porch allows us to have this a little kind of garden zone there. It's uh separated a little bit space-wise keeps that straight line tree drive uh into the entry big wide open green space on the side. uh minimizes entry and exit elevation changes and on the east side of the property keeps a bunch of mature trees there uh but provide privacy and it fits within our budget. Um so appreciate your consideration for this variance. We think that this design helps it fit into this unique property right in the heart of fish. Thanks.

Thank you sir. If we have questions we'll have you come back up. Okay, Grace. Good evening. Grace Wy, planner for the city of Fischers. The item before you today is a request for consideration of development standards variance from section 6.3.4b.4. a residential automobile storage standards of the city's unified development ordinance to allow the front-loaded garage to extend 12 feet in front of the front facade. 11700 East 131st Street is located off 131st Street east of Promise Road. It is zoned R2 and is surrounded by residential uses. The Fischer 2040 plan identifies this area as suburban residential. The variance request aligns with the comprehensive plan. This property is zoned R2 single family residential and it is also part of the I69 overlay. The surrounding areas as shown here are zoned R2 and R3. The 2040 plan designates the site as suburban residential. The purpose of suburban residential is to include single family residential at two to four dwelling units per acre. The proposed site plan is shown here. The front loaded garage is shown in the red box. Proposed elevations are here with the front loaded garage shown in the red box. And the additional elevations are shown here. The front load garage in the red box. No public comments have been received. Staff has no recommendation to the board of zoning appeals for this request. Should the board approve this petition, staff recommends that it is done with the following condition. the approval letter and related documentation be recorded on the property with the

Hamilton County Recorders Office. Staff is available for questions. Thank you. Members of the board, do you have any questions for petitioner or staff? I do not. No questions. I'll open the public hearing if anyone is here from the public to speak to this petition. Please raise your hand. Anyone from the public? Seeing no one, I'll close the public hearing. Members of the board, do we have a motion? Um, I'll make a motion. I move that we approve VA2515 U with the variance recorded with the uh, county recorders office. We have a motion. Do we have a second? Second. Mr. Grins is seconded. Secretary. Mr.

Yes. Mr. Yes. Mr. Stevenson. Yes. Mr. Yes. Motion passes. Thank you, sir. Our last agenda iteing item this evening is case SE-25-3. It's a consideration of a special exception to allow for short-term rental use, for example, Airbnb, VRBO, on a single family property zoned R3 at 107 Northwood Drive. Our petitioner is Andre Bellow. Andreas Bellow. Yeah. Go ahead, sir. My wife Christ. Good evening. Nice to meet you, ma'am. Go ahead, sir.

We own the the home in 107 wood drive here in Fisers in Slas and we're trying to our request is for an special exception so we can do STRs which is short-term rentals. Um what we do is that um we we believe that uh we bring u a lot to the community. Um with the short-term rentals uh a lot a lot of time we're getting a lot of people from uh Grand Park bringing their families here. They're bringing their dogs. We are a pet friendly estate. So we We got a lot and we only do we don't we do n less than three days too as well. So we don't want to we want familyfriendly uh STR in the community. Uh we have been part of the community for over 15 years. Uh we know the community really well. I uh I love Holland Park and I always tell people how great it is. I I try to bring people here all the time for Holland Park. So that's pretty much it. We know how tourism brings a lot of money to the to the not only the state to the community, Hamilton County. It also is being the studies show that short-term rentals bring guests twice as much as hotel guests. We we had a good amount of uh guests staying at our place and they love the the restaurants and the the concerts around and they they love to spend their time around the neighborhood

around the the town. U as you can see also uh our goal is to keep a a good uh and clean STR home. We we take really good care of our around the of our neighborhood. Uh we clean our properties. We we have a limit of vehicles as well. We don't put we don't allow people to bring more than three cars. So, and like I said, we we don't allow them to stay to do less than three days. that stops parties from coming in and create situations that we don't want to create in the in the community. We like, like I said, we've been in the community for 15 plus years and we love we love it how it is. Uh, and we're local, too. We are not a California investors that bought a house here and we are far away from this the house and we never seen it. We're I'm always in the house. I'm always working on it. I'm always talking to our neighbors. Uh each, like I said, about Holland Park. Any any any person that rents our property, uh we and they bring pets, we tell them go to Holland Park. We we bring our dogs to Holland Park all the time. I used to play soccer before I got injured at Holland Park and Fishes has been making it better and better. Uh, I know Holland Park from before it was it was cool to be to go to Holland Park. Uh, when I had it didn't have all the the the amenities that it has now. That's one of the pets as you can see from the the stayed at a home. Uh, that person really loved the place. Uh, they

they also the backyard was a closed thing. Backyard was important for them. A lot of a lot of these guests, they could they have a choice to get a hotel, but it's not the same feeling because you don't you're not able to let your dog out or go outside and do their thing. Um, hotels are a little more limited. You're not able to to leave the your dog inside the house, inside the hotel, things like that. So, it makes it way easier uh to offer those services. So, as as you can see, we got a a good amount of uh reviews from people that stayed at our place and most of the biggest uh features they like about the home and the is the having a backyard where they can keep have their pets. And we got a lot of professionals that the community. Uh we also we had a a couple that their house flooded the whole house. They they lived in in guys. The whole house flooded and they had an emergency where they didn't know where to go. They had two pets and three kids and they didn't know where to go. Luckily, we were able to help them by allowing them to stay in our house. A lot of SDRs don't allow pets. Um, so as you can see, uh, right here is that's the it's a really small amount of, uh, STRs that allow pets in the in the in the in the area. And we are, like I said, in Slass. So, so we on the north side of the the map close to Holland Park. And, uh, I guess there are some studies

that we looked at. The bands are poor solutions. Uh you can see that uh some bans have been done in New York, San Diego, LA and they haven't worked. Um we agree with uh with policies that can help us you know regulate STRs and we're open to whatever the city is uh can come up with, you know, regulations wise. Um this next uh pictures of letters of support from our neighborhood from our neighbors. Uh these are pretty much the neighbors that are right next to us. So it's the we have we are on a corner. So we have a neighbor a neighbor on the left side and we have a neighbor on the back. Our neighbor in the back he's here. Uh we have his letter here as well. And the neighbor on the the neighbor on the left is he's one of the the written letters here as well supporting us. Uh and they have three more neighbors from like that are really uh close to the house. They they be the ones getting being affected by uh if if we get approved, you know, to uh STR the home. So those are the the the letters.

Yeah.

Um we believe that visitors are returning visitors, right? We are in the business of also creating a welcoming experience for the that we host. We love our neighbors. We love our communities. And so we respect our communities. We are always open to new. So that's why we want to be part of this community. For us, it's a very small business. So we want to be able to work with the city in a way that is. So we're not aware of STRs are approved in the city. This was new to us. And also we're trying to figure out how it works. We are aware of the longm next next year January

but we couldn't find much on shortterm rental. So we are learning us and considering

Thank you. Thank And the last picture is pretty much us doing uh the home before we got it. It had a lot of issues with floods. Uh it was flooding the neighbors uh homes uh both both sides of the the the neighborhood and uh we we were able to remediate the issue. There was a lot of flood happening uh in in like I said we are in the corner and there was flood happening both sides of the house that were affecting all the neighbors in the neighborhood. Uh we were able to remediate and fix this situation. It took it took a lot of work. It's like 95 degrees outside but it was a lot of work. Yeah, I think that's that's our request and thanks for hearing.

Thank you. Thank you. Thank you staff.

Good evening. Grace WY, planner for the city officials. item before you today is a request for consideration of a special exception to allow for short-term rental use, example like a Airbnb or a VRBO on a single family property zoned R3. The state of Indiana does not allow municipalities to limit short-term rentals when it relates to home occupation, meaning the property owner lives at the residence. This property does not meet our home occupation standards and therefore requires this special exception to allow short-term rentals. 107 Northwood Drive is located in the Sunwest Farms neighborhood off of Allisonville Road and Orchard Boulevard. It is zoned R3 and is surrounded by residential uses. The Fischer 2040 plan identifies it as suburban residential. Uh shown here is the R3 zoning um which is the same as all the surrounding properties. Uh the site is designated suburban residential which is intended to include single family residential at 2 to four dwelling units per acre. Um per county record, Christian and Andreas Fellow have owned this property since June of 2025. Property is currently listed on Airbnb as an entire home rental with seven guests, three bedrooms, five beds, and two bathrooms. The listing has been active since July of 25 2025. Two public comments have been received since the writing of the staff report. First one is from Leanne Jackson of 57 Apple Tree Circle who expressed support for the owner to be able to to be allowed to operate the short-term rental as an Airbnb. The second is from Christopher Hoffman of 107 Meadow Lane who expressed opposition to the short-term rental citing concerns about traffic safety and community character. The letters of support that the

petitioner showed during his presentation are from the neighbors labeled above on this map. So you can see where they are in relation to the property. Staff has no recommendation to the board of zoning appeals for this request. Should the board approve this petition, staff recommends it is done with the following conditions. Special exception is tied to the use and to the to the use pardon me. Special exception is tied to the specific use and user. If the current property owner were to sell or vacate the property, the special exception would be void. Second, the approval letter and related documentation would be recorded on the property with the Hamilton County Recorders Office. Staff is available for questions.

Members of the board, do we have questions for petitioner or staff? At this time, I'll open the public hearing. If anyone is here from the public to speak to this petition, I see some folks here. Please uh again, if you were here for the first uh matter, if you have something to repeat, just let us know that you echo the gentleman or the the the gal before you so that we can move forward that way. Go ahead, sir.

My name is John Hayyatt. Um, I'm at 113 Willowwood, which is literally my side fence borders the back of their property. I've been there about 10 years. Uh, during that time, unfortunately, I watched that house dilapidate. Okay. There was an older couple that was there. The husband was wheelchair bound. Um, and quite frankly, the car the whole house deteriorated. I mean, their inside floors were gone. It was It was terrible. the water situation he was talking about. I guess there's some type of underground spring or something. We would have addressed it to fisers and in the neutral area there there's a big tree and they literally kind of creates Lake Willow. Okay. Um this gentleman and the people some an investor had bought the property and did a significant remodel and it went from being about a one to a zero to a 10. And I mean it's a 10. I walked in. I want you to come do my house next, right? Let's help me out. But um but I watched it and and it just was like reincarnated. Um then the house was put up for sale and quite frankly if you check the record of sale I believe per square foot it achieved the highest level ever in that neighborhood. Okay. So I mean somebody really fixed it but they didn't fix the water leak. All right. And I watched this guy get out there. This is his rental, but literally work for two or three days underneath that house. And like he said, it's 95 degrees. I wanted to toss him over some water bottles to help him out. Um, but guess what? The water stopped. The people before had just run it out to the curb. He took it back, broke that off properly, took and did the work. Um, everything's cut, trimmed nice. He has people out there working. I'm trying to get my own people to come in as well as

his do. But uh but know it's it's been a real pleasure having that house next door. And I also saw in your amendments there that this variance would be based upon his ownership and the next person would have to re-qualify. I'm good with that, too, because this gentleman and his wife and whoever is supporting him, I'm excited. I know they've had a couple of people have stayed there, too. no noise. Matter of fact, I have two dogs and a cat. And um the dogs that the other people had were really no issue for ours at all. And I have a Yorkie that is pretty communicative. She likes to talk to everybody, but they did not cause that parking. Um anytime I've seen anybody there, they do have the two-car garage and they have a parking area up above that can hold three cars additionally outside. So they have ample parking and one of the things that I know that um he's kind of pointed out to me is no construction workers, no construction trucks. That's not what coming in. I have nothing seen, nothing like that. Just single family people coming in needing a place to stay and no fisers is a great time. Holland Park and Grand Park. So sorry did get Grand Park, but you got a lot of good stuff.

Thank you. But thank you for what you guys have done and thank you for this the first meeting I've ever come to and I'm almost 70 years old. So that's that's one of those things. Thank you for what you're doing and um I think this is a good decision. Uh the next person to speak to ma'am come on up. Please state your name and your address.

Yes. Hi, my name is Jennifer Goens and I'm at 16601 Southeastern Parkway. Um I've never spoke at one of these events either. However, I myself am in the hospitality industry and I manage five short-term rentals myself and I have one in Fisers. Um, I first want to echo the homeowners. I I've never met them, but um, I wanted to echo their concerns about being able to research the um, restrictions and regulations for short-term rentals in the city of Fisers. I have one in the city of Fisers and um I started it about two years ago in Sunblust and when I called the city I said is there any permitting process that I need to go through and they said no of course maybe this house has changed. I tried to look in the ordinance to see when that was enacted and I couldn't find a date so I don't know if you could recommend that at some point but um I did file for the long-term rental permitting process that went into effect and so I have that filed. I was not aware of the short-term rental, but um nonetheless, I just want to be here as a support to the host. Um I am a local host as well and um echo their, you know, their encouragement to bring people to the city of Fisers to visit. Um, a couple things that I just wanted to note for short-term rentals here in the city is that it does create an affordable option for families to come and visit our city. Whereas if they have, you know, three or four kids, it's hard to find a hotel room, you know, affordable. They're, you know, and if they're younger, they can't get two, you know, and leave their kids in a hotel. So, um, they can make meals in the homes and they can travel safely and affordably. Um, Sunbus is a great community. So, um, and then the other thing, um, I also have helped house families that are in a position of floods or fires. Um, it's a great way to keep those families in our communities also with families that are selling their houses and moving into new construction that it creates a great

short-term um, solution for them in the meantime. So, um, in this industry, in this hospitality industry, uh, it's heavy on reviews and making sure to keep the guests satisfied, keep the homes in great condition. Um, several of my long-term rentals I have just converted to short-term because the tenants have destroyed them. Um, my home in Sun Bless was destroyed by the owner, then destroyed by my tenant, and so I went through two rehabs. Um, and so you know, you have cleaners in the house at least once a week between every reservation, making sure the house is clean. Um, I think and the owners take pride in the properties and keeping them in good condition. So, I'm very supportive of this and I hope that you guys consider these comments and your decisions. Thank you.

Thank you.

I think there was uh Go ahead, sir. Please approach. So, my name, excuse me, my name's Bob. I live at 225 Hetty Lane, which is I don't know if you know the neighborhood. You come around my house to go up to their house. So, traffic has been somewhat of an issue. I have a couple questions, though. There was the sign that was posted in the yard announcing that this was going to be a meeting. However, there's been a gray van sitting right in front of that sign. So, as you come into the neighborhood, which is where all the traffic is, you can't see that sign. The only way we found out about it is our neighbor was walking the street and they saw it. So, I'm not sure that that's the intent of putting the sign out. So, that's one of the concerns I have. Second is Airbnbs um can bring in a multitude of different kinds of people. To this point, from what I understand, there hasn't been any issues, but there's always the chance of more issues. The traffic coming in is already kind of an issue. My yard gets destroyed because people cut the corners. So, different issue than what they have, but it's a concern. The type of people that's coming in um at this point, what they brought in doesn't seem to be an issue. Will that continue or not is always a big question. Um as you know, in our neighborhoods. Crime is starting to increase. I would hate to see this also cause that to increase. Um I understand there may be a shortage, but that neighborhood was set up to be residential. You've already put in place and I guess this doesn't apply the 10% rental in any kind of neighborhood. So now this takes that as an exception as I

understand it. It doesn't count. So but it is a rental. So, we're adding into that base. So, I'm against this. Um, our neighbor who was wanted to come but couldn't because it was too late when he found out that this meeting was going to take place was also against it. So, we wanted to just present our concerns of having that Airbnb when it was a residential. I can appreciate the work they've done on the house, but virtually everybody who's bought into that neighborhood is refurbing those houses because of the age. So, I think that's all we had to say. Thank you. Thank you.

Thank you. Anyone else from the public, please approach?

My name is Kyla Schz and I live at 117 Lake Vista Drive, which is just down the road from this house. And I echo what this gentleman said about the van being parked in front of the sign. I have more pictures to show that it I don't know if it was intended to be a deception, intended to dissuade anyone from seeing the sign to be aware of this. Um, but that to me was a little worrisome. Um, just because this is in our neighborhood and our neighbors need to be able to come to a public meeting. That's why we have this public meeting to discuss these things. And that being a concern, if that was placed there for um not being able to be seen, are there other things that will be swept under the rug that are wanting to be hidden from neighbors? Um having a house like this, I'm I'm not against short-term rentals. I think there's a lot of positive from it. Um I echo what was also said about the house being revitalized. It's a greatlook house and um the hope is that it would continue to be like that with it being a short-term rental. Um so I don't have anything against that, but what I have um is just the the potential of deception and wanting to work with us as a neighborhood instead of being against us uh I think is really important. Um another point that I have to bring up is the proximity to another short-term rental. There is one on the same street just a few houses down. Um I know construction vehicles has been something brought up uh that apparently there's construction workers that stay in that other short-term rental and there's a lot of vehicles that come in. I know that's been brought up um from from the couple here. Um and the last thing is just the impact on a family neighborhood. I'm a mother to five children and want it to be a safe place.

want it to be a place where there are people um good people brought into the neighborhood. So I am not strongly for or against but just wanted to bring my concerns uh to board here. Thank you.

My name is Hannah Colola second. I am 118 Meadow Lane. Um, so I am two blocks over from their house. Um, and so neighbors he he went to surrounding what maybe five or six houses. There's more neighbors and there's more houses. 225 Hetty Lane. I love this guy. I love his yard. He does take a hit because of the increase of traffic. Um, and I where my driveway is, I am on the street which is the path to his house. So, I'm from 225 to Bellow. So, I see an increase of traffic. Um, I have three kids. I don't let them play out front because between those four blocks there's no stop sign. With the increase of people not knowing the area, they don't know they that there are children there. Um, they just they don't know where the stop signs are to slow down. Um, so I don't I don't like the increase of traffic. and I will echo what they say as far as the traffic and the safety. Um there are times where with the construction crews that the buses can't get through. Um there has been times where our bus driver says that they honk. The kids tell me that they honk to get people to move so that the buses can get through. So again, I'm not for or against um when he greeted neighbors. I never once saw them come to any of our houses. They just went to their close-knit. Um, so when you mentioned Colebarn, that's completely by the park, but you didn't come to see us. Um, so I wish you would have gotten more input from everybody else. It is a beautiful house because I went to the open house cuz I wanted to see what they did to it. It's beautiful. Um, again, I'm not for against I just want everything to be taken into consideration because there is also a short-term rental down the street. Um, so I just want to echo what everybody else said. in the van has been parked in

front of the sign for probably at least a week. Thank you. Thank you. Anyone else from the public? Sir, can you mention the van that everybody's talking about? Yeah, if you want to address the comment about the van, that'd be great. Yeah, the van is the I own a used car dealership. So, I move cars around all the time and that one uh I have cars parked all over my my houses. Uh that's the only uh reasoning of parking a van there. I can I [Music] had a before before that?

Excuse me. Excuse me. Excuse me. In order for us to conduct an efficient meeting, we can't speak over each other. Okay? I know I I know your concerns. There was a a photograph. We saw a photograph that was shown to us. We understand the van was parked in front of the sign. This gentleman is explaining it. I'm going to give him a chance to explain it. And then we've already had our our public hearing. Yep. Okay.

I had a I had a Volkswagen General parked in front of it. So, I I I was in a hurry. I parked the van right behind it. I took the Jetta out and the van stay there. And I had I was going to actually move it out today. Uh like I said, I own a used car dealership. Sometimes I buy cars that got issues and I parked like I got cars parked all over the place. That's the only reason why. Thank you, sir. You can see like if you're talking about the sign, you can see the sign from the other side. And I talked to neighbors and they each one of them got a a letter from the city as well. So, everybody was not notified about the the the meeting today. Thank you.

Thank you. If if anyone is here from the public to speak to the petition that's different from what we've already heard, please raise your hand. Different from Please approach the podium, state your public comment, and I'm going to consider your time to be This gentleman didn't use all of his time, so you've only got about 45 seconds. I just wanted to say we never got that letter that he said that went out to the neighborhood and the neighbors that we talked to didn't get it either. They had no idea. So it was not well published and it was not well known. And I would like to say one more thing about the van. It's a long driveway. He could have parked anywhere in there but he chose to park in front of the sign.

Thank you. So So ladies and gentlemen, the noticing is is statutory. If the noticing is followed correctly, they follow the statute and comply with the law. We don't have any control over noticing. Grace, um, I want to address something about the Airbnb that's down the street that's been mentioned, please. That Airbnb is not permitted by the city. Um, if any of you would like to share that address with us, we will contact the property owner to discuss it with them. Um, but it is not a permitted use in the city and it has not been approved with a special exception. And that is the case for any Airbnb that doesn't come and seek a special exception in the city of Fisers. They're in violation. Correct.

That is correct. Yes. There I believe there are currently no approved Airbnbs in the city of Fisers. Thank you. Lucas, did you have a comment, sir? I was just going to add that we are not allowed to regulate owner occupied Airbnbs. So, it is those that are owned by owners that do not live at the property part-time or most of the time that are not permitted. So, we don't know if those other properties that are utilized as a Airbnb or short-term rental are owner occupied. Um, so they could be permitted use um until proven otherwise.

Yes. Yeah. So, if we find out about one, we'll reach out to the property owner and we can determine whether or not it is owner occupied. And if it is, it is allowed. If it is not owner occupied, that is not allowed. They need to seek a special exemption.

Thank you. Thank you for clarifying. Thank you. Anybody else from the public with any new comments you'd like us to consider? New comments, sir. You've already had your signs. My girlfriend the Thank you, sir. Thank you. At this time, I'm going to clo close the public hearing. Uh members of the board, do we have questions for petitioner staff before we entertain a motion? I guess I have a question for the staff. How did we become the city become aware of this short-term rental?

Um the owner reached out to me to um find out how to go about opening this short-term rental in the city of Fisers and we had a meeting to uh go through the process for the special exception. So I think that was in June or July of this year. So right around the time it was purchased. Thank you. Members of the board, do I have a motion? Mr. Green lady, you have a motion. Make a motion we not approve SE25-3 due being detrimental to the property and community values and safety issues. We have a motion. Do we have a second? Second.

We have a second. The motion is to not approve. We have a motion in a second. Secretary Mr. Ginsl. Yes. Mr. Sylvie, yes. Mr. Stevenson, no. And Mr. Furui.

When we uh consider this, we have a number of factors to consider. I would say that the Bellows have done a wonderful job, renovating their home. They have u come to us and presented to us a very wellthoughtout, well, well planned petition. We've also heard from neighbors who were adverse to this and in the city officials we've not approved these. So I'm going to vote yes to not approve. So the special exception is denied. Thank you. Our next uh order of business this evening is old business. Do we have any old business? New business. Staff communications.

Uh there will be no BZA meeting in October. Very good. Uh with that I'll adjourn this even