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Planning Commission reopens variance for Nottingham Trace patio, tables rehearing for staff review
Summary
The New Albany Planning Commission voted to reconsider variance 61-2024 for a rear-yard patio in Nottingham Trace and tabled the rehearing until staff finishes a review of similar encroachments and plat-numbering discrepancies.
The New Albany Planning Commission on Nov. 18 agreed to reconsider a denied variance for a backyard patio in the Nottingham Trace subdivision and then tabled the rehearing until staff completes an evaluation of similar encroachments.
Planning staff explained the reconsideration is limited to whether new circumstances meet the city’s code standard for rehearing and recommended that, if the commission grants reconsideration, the rehearing be scheduled at a subsequent regular meeting so neighbors can be notified and a full staff report provided.
"If the planning commission finds that one of these criteria are met, staff recommends that the planning commission move to reconsider the variance application 61-2024 pursuant to this code section," said the planning staff member presenting the case.
The property owner who applied for the variance told the commission that revised plans moved a fireplace out of the setback and that the remaining patio encroachment measures about 2.03 feet. The applicant catalogued neighboring porches and patios and walked the commission through the seven Duncan factors used to assess whether an area-zoning requirement unreasonably deprives a permitted use. The owner concluded: "I believe the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance."
Commissioners also heard that there is a mismatch between the lot numbers cited in the rezoning text and the final plat numbering, an issue staff said can create confusion about which lots carry a 35-foot special rear setback. Staff said it was already reviewing at least one nearby patio permit that might have been permitted in error and would report back.
The commission voted to accept the applicant’s documentary submissions into the record, approved the motion to reconsider the original denial, and then unanimously voted to table the variance rehearing until the first regular meeting after staff completes its evaluation of similar properties and resolves the lot-numbering/plat issues.
The rehearing and any formal decision on the variance itself will be scheduled later; staff will prepare a written report for that meeting and notify neighbors.
