Fishers BZA denies special exception for non-owner-occupied short-term rental in Harrison Green

The Fishers Board of Zoning Appeals voted on July 22 to deny a petition by Jared and Angela Blos for a special exception to operate a non-owner-occupied short-term rental in the Harrison Green subdivision.

Angela Blos, presenting on behalf of the couple, said the owners have tried to operate responsibly since acquiring the property and pointed to professional cleaning, weekly lawn care, prompt snow removal, guest screening and house rules that include occupancy limits, parking restrictions and quiet hours. "We remain personally involved in every reservation and respond quickly whenever something needs our attention," she told the board, and said she and her husband block the Fourth of July weekend from their rental calendar to respect a long-standing neighborhood celebration.

Grace Wiley, senior planner for the City of Fishers, told the board that because the property is not owner-occupied the state allows municipalities to require a special exception for short-term rentals; staff reported the listing appears on Airbnb and VRBO, noted the listing history in the staff packet and said one public comment opposed the request. Wiley also explained staff’s recommended conditions should the board approve (record the approval with the Hamilton County Recorder's Office and tie the exception to the user so it would void if ownership or occupancy changed).

Neighbor Eric Gustafson, who lives immediately behind the rental property, said his family has experienced the effects of frequent turnover in nearby units and urged denial, arguing the repeated short-term occupancy changes the character of a neighborhood built for long-term residents. "Responsible management does not change the nature of the use as a short term rental," he said, and asked the board to deny the special exception.

During deliberations, a motion to approve failed for lack of a second. A subsequent motion to deny, citing public-safety and traffic concerns, the cul-de-sac location and potential impacts on property values, was seconded and carried by a vote of four in favor and one opposed. The board's action denies SE-26-3; staff noted that if a special exception were granted in the future the city would tie it to the specific user and that it would become void if the owner sold or vacated the property.

Note: the petition packet and initial agenda listed the property address as 13817 Wabash Drive; the staff presentation referenced the property (in its report) as 13962 Wakefield Place in Harrison Green. The board record should be consulted to confirm the official parcel/address in the final ordinance.