New Albany Board of Zoning Appeals Meeting – June 2, 2026
New Albany Board of Zoning Appeals Meeting – June 2, 2026
The Board of Zoning Appeals met on June 2, 2026, at 10:30 AM to consider two variance requests and approve the previous meeting’s minutes. Both variance dockets were approved unanimously with staff-recommended conditions.
Discussion Items
Docket B 1526 – Variance for Privacy Fence at 4 Captains Court
- Applicants Jayma and Brian requested an eight-foot-tall privacy fence along 100 feet of their northern property line, exceeding the standard six-foot maximum in the steep slope district. They stated that the neighbor’s house sits approximately two feet higher in elevation, so a six-foot fence would only provide a four-foot effective height from their side. They attempted to plant shrubs for privacy but cited heavy clay soil as a barrier. The fence would be set back six inches from the property line.
- Neighbor Terra Tricker (5 Captains Court) opposed the variance, arguing that an eight-foot fence would obstruct the view, harm wildlife (deer, turkeys, tortoises), and not fit the natural character of the neighborhood. She noted that the house location was the only flat spot on her 1.5-acre lot.
- Staff concluded that the fence would not be injurious to general welfare due to limited visibility from the right-of-way, and that the grade differential created a practical difficulty requiring an eight-foot fence for equivalent privacy. Staff recommended approval with stipulations: the fence is limited to the 100-foot section shown in the site plan, and a fence permit must be obtained.
- The board voted unanimously to approve the variance with staff conditions.
Docket B 1626 – Variance for Accessory Structure at 501 Vincent Street
- Applicant Chris Campbell requested a variance to construct an 18x40-foot (720 square foot) garage and a 20x20-foot concrete pad on a vacant lot behind his car wash. The zoning allows a maximum of 600 square feet for accessory structures. The garage is intended to store car wash supplies, a pit cleaning trailer, a snow plow, and equipment from future gantry replacements. The applicant initially believed the variance was needed due to proximity to the property line, but staff clarified it was for the size.
- Staff noted similar structures along the alley and recommended approval with multiple conditions: the design must be compatible with the car wash and subject to staff approval; no drainage onto neighboring properties; storage accessory to business only; landscaping to screen the wall from Elm Street (using Thuja Green Giant trees or similar); no signage; minimal downcast lighting; Board of Public Works approval for alley curb cut; and a written commitment tying the structure to the business.
- The board voted unanimously to approve the variance with staff stipulations.
Key Outcomes
- Docket B 1526: Approved (5-0) with staff conditions: fence limited to 100 feet along northern property line as submitted; fence permit required prior to construction.
- Docket B 1626: Approved (5-0) with staff conditions including design compatibility, landscaping, no signage, lighting restrictions, alley curb cut approval, and permanent business-use commitment.
- Approval of Minutes: The minutes from the previous meeting were approved unanimously.
Meeting Transcript
Resoning appeals. We've got a really packed house tonight, so if anyone can remain calm and orderly, that would be appreciated. Can we start with a call of the roll, please? Max Goshman present. Jason Applegate. Martin. Here. Bob Millwood. Here. Daniel Rivers. Here. Mr. Chairman, we have five members present by rule. It will require a minimum of three members to carry any motion. Tonight's meeting is being streamed, and uh archived copy will be available at City of New Albany or No Albany City Hall.com in a couple of days. Thank you. Just a couple quick notes before we get started. We have two items on the docket tonight. When a docket is called, we'll ask the applicant or the representative to come forward, tell us a little bit about their proposal, what they're looking to do, entertain any questions the board may have. We'll then open the floor to public comment. If there's anyone who'd like to speak either in favor of or in opposition to a particular docket, they're welcome to come forward and do so. We just ask if anybody comes forward that they state their name and address and tell us your thoughts. From there, we will close public comment. There'll be perhaps some further discussion from the board. We're here at the staff report from the professionals on this side of the room, and then we will entertain a vote on any motion. So or excuse me, on any uh any proposal, any variance. So with that, let's go ahead and get started with docket B 1526. Um the votes requesting a variance to permit a privacy fence that will not meet development standards in the steep slope districted for Captain's Court. Are the votes or their representative available? Hello. Tell us what's your project. So thank you for giving us a chance to speak. I'm Jayma. This is my husband Brian. Um we have some additional materials. Would you like those now? Uh sure. Okay. Thank you. I'm sure we didn't realize. Yeah, I thought we'll put a file after one over here. Sure, yeah, yeah, it's fair. Yeah, let's take it. Thank you. So the reason we are here is because we are seeking to build an eight-foot fence between our home at four captain's court and the neighbor at five captains court. Um, we do recognize that standard fence height for the city of New Albany is uh generally six foot tall. The reason that we are seeking an eight-foot fence is because the neighbor's home at number five sits approximately two foot taller in topography than our lot. Therefore, a six-foot fence on our property would not really provide privacy, as it would mostly be a four-foot view from her property, which would not give us that privacy that we are seeking. Um we originally moved into the home in 2019. Uh it was a wooden light, so that wasn't an issue.
openpublica.com