Planning commission grants setback variance for New Albany Country Club home after close debate

The Planning Commission approved Variance 59 to reduce a 30‑foot rear setback to 14 feet for a 320‑square‑foot addition that will connect to an existing home in New Albany Country Club Section 28.

Staff (speaker 13) described the corner‑lot configuration, the property's existing easements and the way the code defines the ‘‘true front yard’’ for corner lots. Attorney Aaron Underhill (speaker 11), representing the applicant, said the lot geometry, corner‑frontage rules and existing easements limit buildable area and that the proposed addition mirrors development patterns on the opposite side of the street. Underhill added the applicants had solicited neighbor input and supplied letters of support.

During discussion commissioners examined alternatives, including whether rotating the defined front yard would eliminate the need for a variance; staff and the applicant noted that rotating the legal front yard was not feasible under current code and that the chosen approach—granting the variance while requiring a 30‑foot side‑yard setback on the southern boundary—balanced the hardship and neighborhood concerns.

A commissioner who opposed the motion (speaker 3) said, "I voted no because I don't think the Duncan factors have been met," arguing practical‑difficulty standards were not satisfied. The motion to approve carried with three votes in favor, one no and one abstention. Conditions include limiting the encroachment to what was presented and establishing the 30‑foot side‑yard setback on the southern boundary opposite Highgrove Farms.

The decision permits the applicant to proceed under the variance conditions; staff will record the conditions in the permit and monitor compliance.