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Planning Commission denies material variance for patio cover at 7544 Parkside Drive
Summary
The New Albany Planning Commission on Sept. 15 denied a requested variance to allow polycarbonate roofing and aluminum posts for a patio cover that would encroach 2 feet into a 15-foot drainage easement; the applicant withdrew a separate encroachment variance and said it can redesign.
The New Albany Planning Commission denied a variance request on Sept. 15 for a patio cover at 7544 Parkside Drive after commissioners expressed worry about materials, neighborhood character and setting a precedent.
Planning staff told the commission that the homeowner had sought two variances: variance A to permit a roof overhang to extend 2 feet into a 15-foot drainage easement (the overhang sits about 7 feet above grade) and variance B to allow polycarbonate roofing and extruded aluminum posts, materials that are not on the list of permitted materials under the city’s zoning provisions. Staff said the encroachment is above grade but could hamper access for maintenance of underground stormwater utilities and recommended conditions if the commission were to approve an exception.
Jeff, a representative of Brightcovers, told the commission the cover could be shortened by 1–2 feet, the gutter could be tied into the house, or the structure could be freestanding to avoid easement impacts. "It's not really visible to the street," Jeff said of the back-yard cover, and he noted his company has built similar covers in multiple states. He offered alternatives but said the homeowner had initially requested the two variances.
Commissioner Larson explained the commission’s rationale for denying the remaining materials variance: "It's not consistent with the materials of the city of New Albany as a whole or the zoning ordinances," and he said other compliant structures could achieve the same result. Another commissioner cited neighbor concerns and the risk of creating a precedent that would make future departures from the materials list difficult.
The applicant withdrew variance A at the hearing, stating the roof line could be altered to comply with the drainage-easement setback; the commission voted unanimously to deny variance B. Staff encouraged the applicant to work with staff on redesign options that avoid the easement and meet the city’s materials standards.
What happens next: the denial leaves the homeowner the option to redesign the cover (shorten or reconfigure it or use permitted materials) and reapply for any needed relief; staff recommended the homeowner consult with city planners before submitting revised plans.
