New Albany Planning Commission Meeting: June 16, 2026 – Accessory Dwelling Special Exception & Data Center Moratorium
New Albany Planning Commission Meeting
Date: June 16, 2026 | Time: 10:30 AM (presumed start) | Location: New Albany City Hall
The Planning Commission convened with 8 members present (quorum 6). The meeting included a public hearing on a special exception request for an accessory dwelling unit, a brief discussion of a data center moratorium, and procedural actions.
Discussion Items
- Docket B 1726 – Accessory Dwelling Unit at 2401 Fairmont Avenue
- Applicant: Mr. Moraitis (represented by attorney John Kraft). The property includes a front single-family house (currently rented) and a rear accessory structure (an existing detached garage). Mr. Moraitis purchased the property in 2024/2025, renovated the garage, and intended to rent it as a dwelling—but received a cease-and-desist notice because an accessory dwelling unit (ADU) requires a special exception in the MDR (Mixed Density Residential) district. Mr. Kraft explained that the applicant originally believed the use was allowed because unhoused persons were living there when he bought it. He now seeks approval to keep the unit for personal/family use (when the front house is rented) rather than as a rental.
- Staff report (Director Wood): The garage is a non-conforming structure. The property historically had a single-family home demolished before 2007. In 2025, a neighbor complained about conversion to a dwelling. The applicant had previously submitted plans for a duplex (later changed to single-family), and two electric meters were found, suggesting a possible duplex violation. The ADU is a one-bedroom unit; off-street parking is not provided (on-street parking can partially satisfy requirements). Staff expressed concern about the history of duplex attempts but noted the ADU criteria (traffic, safety, adverse effects) are likely met. The building commissioner had not yet inspected for life-safety standards.
- Commissioner questions: Questions clarified the existing structure’s location and raised concerns about precedent and subdividing (not feasible due to lot size). A commissioner asked about life-safety certification; Director Wood recommended a stipulation at the BZA hearing for a home inspector’s certification of dwelling standards.
Key Outcomes
- Motion and Vote: Commissioner moved to send Docket B 1726 to the Board of Zoning Appeals (BZA) with a favorable recommendation. Seconded. Unanimous voice vote (all ayes, no opposed, no abstentions).
- Note: The BZA public hearing is scheduled for July 7, 2026.
- Minutes Approval: Not possible due to lack of quorum for that specific item (only 8 present, but minutes require a different threshold).
- Special Meeting Announced: A special meeting of the Planning Commission will be held Tuesday, June 23, 2026, at 5:30 PM to discuss and introduce a moratorium on data centers. The item will then go to the City Council on Thursday, June 18, for committee review, with final consideration in July. The discussion noted that a proposed data center at the old Galler site (in the Ohio River floodway) is inappropriate, but the technology’s rapid evolution warrants proactive regulation.
Meeting Transcript
Start with the Pledge of League. Pledge of leadership of the United States of America into the Republic. Which is one nation under the Norwood? Haley James. David Abershol. Jacob Arbitall. Here. Jacob is a new member taking over for Faraz Omar as a two-mile fringe area member appointed by the County Commissioners. Welcome. Matt Mazel? Here. Jeff Cummins. Here. Sam Charbonov. Here. Craig Hendersaz. Eric Merton. Here. Greg Phipps. Here. Larry Summers. Mr. President, we have eight members present. We'll take a minimum of six to carry any motion. Tonight's meeting is being streamed and will be archived at City of New Albany.com. I'm sorry, City Hall. New Albany City Hall.com. I'll get that one of these years. All right. We have a docket for public meeting items this evening. And that's Docket B 1726. I'll try not to mess your name on it. For to us? All right. Mr. Moritz request a special exception to permit an accessory dwelling in a mixed density residential district at 2401 Fairmont Avenue. Yes, please, on behalf of the applicant uh John Kraft with the law firm of Young Lynn Indersoncraft 126 West Spring Street. Here tonight, uh again, public hearing on or excuse me, public meeting on uh Mr. Moritz request for special exception. Uh this comes as a result uh Mr. Morayus lives across the street from this property. He purchased this property, and at the time that he purchased the property, uh there were I guess the appropriate word now is not homeless people, but there were unhoused people that were living in this uh accessory building. After he bought the property, uh not knowing he of course went in, fixed it up, and uh intended to rent it, and Mr. Wood uh sent him a notice of violation. That's the reason we're here this evening. Uh he would like to keep it as an accessory structure, as an accessory use. Uh and if it comes to the point, uh, and sometimes they tell you not to give all your cards up front, but uh if nothing else, he would like to keep it if he doesn't if he's not able to keep it to rent it. But uh he spent some time in Greece, as you might be able to tell by his last name. As a result of that, he would like to keep it there for purposes of him when he comes back, uh if he has the other unit rented across the street where he currently lives, to be able to stay there, or likewise when his children come to visit him in order to occupy it. Uh the structure is it's I think if I'm not mistaken, Scott uh uh took some pictures of it, or actually had some pictures that uh appeared on uh uh one of the websites that uh he was trying to rent it.
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