Zoning Appeals Board denies variance for short-term rental in Cottingham Estates

Steve Ferrucci (left) will serve another term as Board President and Howard Stevenson (right) will serve as Vice President

A home in the Cottingham Estates neighborhood was denied a zoning variance allowing short-term rentals Wednesday night, although the petitioner was willing to withdraw the request after hearing a number of complaints by neighbors.

The Fishers Board of Zoning Appeals voted unanimously to deny the variance after 9 residents of the Cottingham area voiced their opposition.  The Homeowners Association (HOA) at Cottingham Estates has, in its covenant, language that would not allow a short-term rental in the neighborhood.  When the home owner, Biao Chen, was notified of the violation, he apparently threatened legal action.  As a small HOA with 121 properties and low dues, the HOA says it decided not to pursue the matter due to legal costs.

Eric Swanson spoke for his father-in-law. Mr. Chen, saying Chen is a missionary out of the country most of the year and uses the short-term rental to afford a home in some summer months when he returns to the United States.

After hearing 9 speakers from the neighborhood complain about parties, vehicles on the street and other complaints, Swanson asked the Board to withdraw the request on behalf of Mr. Chen.  The Board’s legal counsel advised that it was too late in the process to withdraw the petition and the Board had to act.  Board members voted unanimously to deny the petition.

After the meeting, Swanson was seen talking with the neighbors about the situation.

Also, the Board voted to install officers for 2025.  Steve Ferucci will serve another term as Chair of the Board and Howard Stevenson was voted Vice President.