New Albany Board of Zoning Appeals Regular Meeting – October 6, 2026

The New Albany Board of Zoning Appeals held its October 2026 regular meeting on October 6, 2026, with four members present; at least three members were required to carry a motion. The meeting was streamed and will be archived at City of New Albany City Hall dot com. The board acted on two variance dockets, a continued docket, and the September 1 meeting minutes.

Public Comments & Testimony

• No public comment was offered on any docket. The board opened the floor for public comment on Docket B-25-26 and heard none; no one testified on the other matters.

Docket B-24-26 – Dustin Witsett / 3204 Chapel Lane

• The applicant requested a special exception and development standards variance to allow a 2,000-square-foot accessory garage (40 x 50 feet) without a principal dwelling in the steep slope district. The proposed structure would have 14-foot eaves, a poured concrete foundation, stone veneer and board-and-batten exterior, electricity and no plumbing, plus a reworked asphalt driveway.
• The applicant's representative stated the garage is for personal storage of groundskeeping equipment, trailers, and vehicles, with no commercial use and no current plan to build a house on the parcel. The existing barn/garage would remain and could receive exterior updates to match the new structure.
• Staff reported the parcel is 205 x 200 feet and part of a more-than-3-acre holding in the two-mile fringe area. The site is owned by the applicant's LLC, while the applicant owns a nearby residence. The plan commission gave a favorable recommendation on September 15. Staff found the proposal meets special exception criteria except criterion seven, and variance relief is needed for three accessory-structure standards: no principal building, a second accessory building, and the 600-square-foot limit for accessory buildings in the steep slope district. A 28 x 60-foot garage on the adjacent lot was cited as comparable.
• Staff recommended approval with stipulations including personal use only, no commercial activity, no drainage onto adjoining properties, a high-quality Chapel Lane-facing facade, final elevations subject to staff approval, and durable dust-proof paving of all parking and circulation areas. A board member observed similar structures along Chapel Lane, supporting the finding that it fits the area's character.
• The board voted unanimously to approve Docket B-24-26 with staff stipulations.

Docket B-25-26 – Robert Schaefer / Silver Slate Drive

• The applicant requested a development standards variance for a detached garage exceeding the 600-square-foot accessory-building limit in the mixed-density residential district. The proposed garage is 24 x 30 feet, or 720 square feet. The transcript lists the address as 1414; the applicant stated 1442 Silver Slate Drive.
• Schaefer said he collects British sports cars and needs lockable garage space for insurance purposes, with room for tools, workbench, and up to three small cars. He said he does no body work or spray painting, uses ordinary electric tools, and plans insulation and a mini-split. A small existing shed with termite damage would be removed.
• Staff reported the lot is just under 10,000 square feet, with steep slope at the front and MDR at the rear; the garage would sit entirely in the MDR district. Aerial analysis found side-yard widths of approximately 11–14 feet, leaving only about 6–9 feet of buildable width, and similar detached garages exist along Slate Run Road.
• Staff recommended approval with stipulations: personal use only, no commercial activity, staff approval of elevations and site plan, removal of the existing accessory structure before construction, and durable dust-proof paving. The board voted unanimously to approve.

Docket B-18-26 – Al Cardozo (Continued)

• Attorney John Kraft represented the applicant. The original docket had two issues; the driveway/curb-cut portion was resolved when the Board of Public Works approved a second curb cut, leaving only the shed request before the board.
• Kraft said the shed replaced a temporary shed that existed when Cardozo bought the property; the replacement is permanent but no building permit was obtained. The shed does not meet setback standards, but a survey shows it within property lines, near a triangular fenced area associated with adjacent Lot 34, and the neighboring owner has no objection. The rear setback area is a Duke Energy transmission easement rather than a residential property.
• Staff noted the approved driveway still needs durable dust-proof paving. Discussion acknowledged that a survey identified driveway encroachments onto Lot 34 and a 200-foot utility easement, but the board concluded that issue was not before it and explicitly stated it was not authorizing any encroachment onto adjoining property.
• The board voted unanimously to approve Docket B-18-26 as presented, with action limited to the shed.

Other Board Discussion

• A board member discussed the history of the Chapel Lane area, brought into the two-mile fringe around 2000–2001, and county-approved family conveyance splits that created irregular parcels. Another member noted the accessory structures could limit future residential development on the parcel, though it remains the owner's economic decision. Staff said work continues on an accessory-building formula based on lot-size ratios or percentages rather than only a fixed square-foot limit.

Key Outcomes

• Docket B-24-26: approved unanimously with staff stipulations.
• Docket B-25-26: approved unanimously with staff stipulations.
• Docket B-18-26: approved as presented, limited to the shed; no encroachment onto adjoining property was authorized.
• Minutes of the September 1 meeting were approved unanimously.
• A board member noted the recent passing of former BZA and Planning Commission member Jenny Cottner and expressed condolences to her family.