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Board approves accessory dwelling unit with recording and non-rental restrictions
Summary
The board approved VA-25-19 permitting a secondary dwelling unit in an accessory structure at 10714/10712 Cynthia Road, with conditions requiring recording of approval documents with the Hamilton County Recorder's Office and a prohibition on renting the unit; the vote was recorded as unanimous.
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The Fishers Board of Zoning Appeals on Nov. 19 approved a variance (VA-25-19) to allow a secondary dwelling unit in an accessory structure at 10714 and 10712 Cynthia Road, subject to conditions that the approval letter and related documents be recorded with the Hamilton County Recorder's Office and that the accessory dwelling unit not be rented and be used only by the property owner or the owner's guests.
Petitioner Scott Barnes presented the case and confirmed that the structure to be converted is currently a garage and that the primary house at 10714 already includes a two-car garage. The board asked clarifying questions about current uses and residency plans.
No members of the public spoke during the public hearing. An unidentified board member moved to approve the variance on the conditions described; the motion was seconded (recorded in the transcript as a second by Mister Silvey). The roll-call vote recorded responses indicating approval; the chair announced the motion passed and advised the petitioner, "Good luck to you, sir."
The board recorded the conditions explicitly: approval and related documents must be recorded with the Hamilton County Recorder's Office, and the accessory dwelling unit is restricted from being rented for any reason and must be used only by the property owner or their guests. The board did not record other operational restrictions or a sunset; enforcement and permit compliance would follow the city's administrative processes.

