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Board OKs short-term rental special exception for Pendleton home, ties approval to current owner
Summary
The Fishers Board of Zoning Appeals approved a special exception allowing 13962 Wakefield Place to operate as a short-term rental, conditioned on recording the approval and tying the exception to the current owner so it becomes void if the owner sells or vacates the property.
Linda Pendleton, the petitioner and nearby homeowner, asked the Fishers Board of Zoning Appeals to allow 13962 Wakefield Place to continue operating as a short-term rental. Pendleton said the home has been listed since November 2022 and that she and family members live nearby; they operate the house, perform frequent maintenance and vet guests, and have a "no parties" policy. She told the board that "over the past 3 and 1/2 years, more than $18,000 in occupancy taxes have been collected and remitted through Airbnb on behalf of our guests," and that the listing shows availability, the entire home rented for up to 10 guests with three bedrooms, five beds and two bathrooms.
Grace Wiley, senior planner, explained that because the property is not owner-occupied it requires a special exception to operate as a short-term rental under the city's process and described the R5 zoning and the Fishers 2040 Comprehensive Plan designation for the site. Wiley said staff had received one public comment in support and recommended approval with conditions that the approval letter and related documentation be recorded with the Hamilton County Recorder's Office and that the special exception be tied to the current user so it would be void on sale or vacancy.
Two nearby neighbors (Rosemary Flannery and Kendra Lambert) spoke in support of the Pendletons, telling the board they had experienced no disturbances, noted the homeowners’ responsiveness and that the property is well maintained. The Chair read the seven UDO factors the board must consider for special exceptions and board members praised the petitioner’s neighbor outreach and documentation.
A board member moved to approve SE-26-2 with the recording and owner-tied conditions; the motion was seconded and passed on roll call. The board emphasized the condition that the special exception is specific to the current owner and user and will be void if ownership changes or the owner vacates the property.
The board's action permits the Pendleton property to continue operating as a short-term rental under the specified conditions; staff will record the approval and monitor compliance.
