Board approves setback variance for 4326 Olmstead Road over one dissent

The New Albany Board of Zoning Appeals approved variance 342026 on June 22, allowing a new single-family house and attached garage at 4326 Olmstead Road to encroach 20 feet into a required 30-foot rear-yard setback. The approval carries the staff condition that the detached structure shown in some plans be attached to the main house as depicted.

Taylor Demens, the planning staff member who presented the case, said the parcel sits in New Albany Country Club Section 5 adjacent to a leisure path and an open reserve. “This entire house and this portion of the garage is well designed. It likely won't negatively affect the neighborhood character, but it does appear to be substantial,” Demens said while summarizing the site plan and the staff recommendation, which included one condition of approval.

Architect Brian Jones, representing the applicant, said the proposed layout was intended to preserve views and minimize conflicts with neighbors by placing the garage where it would be less visible from the street and more aligned with nearby house forms. Jones also noted the project team had worked with the neighbor to the right (identified in materials as Dr. Durbin) and that conceptual landscape plans and a potential pool were not yet finalized.

Board members pressed the applicant and staff on the history of similar nonconforming structures and why the lot carried a 30-foot setback. Staff explained that earlier zoning in this part of the country club permitted accessory structures closer to rear property lines under former rules, and that the 30-foot building setback derives from the original Euclidean zoning district applied to this area (R‑2/R‑3/R‑4 designations).

Chair moved to approve the variance with the staff-recommended condition that the detached accessory structure be attached to the main house as shown in the submitted site plan; the motion was seconded and passed 3–1. A dissenting member said the materials supplied that evening did not provide sufficient precedent or justification to make them comfortable voting yes and requested further clarification in future filings.

The variance is approved subject to the site-plan-based attachment condition; no additional permits or construction may proceed until required building permits are issued and any engineering or inspection requirements are met.