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Planning commission approves 2-foot-1-inch variance for porch at 6309 Callaway Square West
Summary
The New Albany Planning Commission unanimously approved a variance allowing a porch at 6309 Callaway Square West to encroach 2 feet 1 inch into the rear-yard setback, citing plat/deed discrepancies and examples of nearby encroachments; the approval was subject to staff conditions and record admission.
The New Albany Planning Commission on Dec. 16 approved a variance that lets a homeowner at 6309 Callaway Square West extend a covered porch 2 feet 1 inch into the rear-yard setback.
Planning staff presented the rehearing for VAR-61-2024 and explained the original request had been reduced from roughly 4 feet to about 2.03 feet after design revisions and that additional evidence — including a neighbor’s letter of no objection and backyard photos — had been submitted. Planning staff also told commissioners that rear-yard setbacks generally do not appear on deeds and that a mismatch between plat lot numbers and the final development plan had likely caused owner confusion.
“I’m Nancy Willis, the owner of 6309 Callaway Square West,” the applicant said, asking the commission to approve the request and pointing to the plat/deed numbering discrepancy that she said left her unclear about the applicable setback. Planning staff confirmed there are other properties along the western edge with similar small encroachments and that staff intends to coordinate a future, consistent approach for those lots.
A commissioner who supported the motion said the vote reflected uncertainty about whether the 35-foot setback could be enforced against the applicant because of inconsistencies between platted documents and the deed, and noted the applicant would not receive a better result than neighbors with improperly permitted porches. The motion to approve VAR-61-2024 was made subject to the findings and conditions in the staff report and specifying the variance as 2 feet 1 inch; the motion passed with all votes in favor.
The commission also voted to admit the staff report and live documents into the record before voting. The approval was expressly tied to the conditions listed in the staff report and staff approval of final details. No public objections were recorded during the hearing portion.
Next steps: the applicant and staff will proceed under the approved conditions and staff indicated it will prepare a coordinated baseline for similar variances affecting neighboring lots.
