Board grants variance allowing underground dog fence to remain, requires hold-harmless agreement

The New Albany Board of Zoning Appeals on Feb. 23 unanimously granted Variance072026 to allow an existing underground “invisible” dog fence to remain within a platted 30-foot preservation buffer at a property recorded in the hearing as 7365 Milton Court (the record later also transcribes the street name as “Millen Court”). The board attached a condition requiring the property owner to sign a hold-harmless agreement protecting the city against future utility or construction impacts to the owner-installed fencing.

Staff told the board the house sits in New Albany Country Club Section 15A and that the matter follows earlier vestiges of a variance process: an initial December 2021 request to permit a playground and fence in the buffer was denied, then a July 2022 application approving only the playground was later granted. Staff said a December 2025 complaint prompted an inspection that found small white flags marking the underground fence line. Planning staff said the installation was minimally invasive, left no visible structures, the city engineer raised no drainage concerns, and removing the underground wire now could cause more disturbance than leaving it in place.

Michelle Singh, who identified herself under oath as the applicant, said she hired a reputable installer and did not realize a variance was required because the system is underground and “really is undetectable to anyone.” She told the board neighbors on both sides submitted letters supporting the variance. Board members asked when the fence was installed; Singh said November of the prior year and explained the visible flags are temporary training markers.

Board members and staff discussed disclosure to future property owners, burial depth, and the presence of private utility boxes and narrow private easements in the buffer. An agency official summarized the purpose of the requested hold-harmless: “So, effectively, it holds the city harmless that if we need to get in there it usually comes aboard like utilities…if we would need to put a utility or someone would run something through there and have to tear up your playground…or if it was a deck that you wouldn't hold the city harmless for something along those lines.” That explanation framed the condition the board adopted.

Because invisible fences are installed underground and require no above-grade permit, staff noted contractors or owners may not be aware such installations can violate plat-preservation restrictions. The board voted to grant the variance with the hold-harmless requirement; the clerk recorded the motion as passing with all votes in favor. The board did not order removal and directed that the owner execute the agreement as a condition of the approval.

The board’s action resolves the specific on-site dispute; the recording reflects some inconsistent transcription of the street name in the record (Milton vs. Millen). If and when the owner transfers the property or a utility needs to access the buffer, the hold-harmless agreement is intended to clarify responsibility for disturbance.