Morgan Township trustees require full zoning-board review after Howard Creek lot‑split dispute

Morgan Township trustees voted Sept. 8 to require that all lot‑split applications be reviewed by the full zoning commission after a months‑long dispute over a Howard Creek Road lot split.

The action followed an executive session called to consider complaints about a public official and an extended public debate in which zoning commissioners said a zoning administrator approved a three‑lot split without the board’s review. "As everyone knows, there's concern on the recent lot split on Howards Creek Road. We feel that transparency was not demonstrated in this process," the meeting chair said after the executive session.

The dispute centers on a 24.1‑acre property for which a survey plat was recorded showing three lots. Zoning commissioners said earlier drafts and discussions had proposed other limits (including a shared‑driveway rule limiting access to two lots), and they contend the administrator approved the split before the commission finished its work. "We feel that this was slow‑drag on purpose, in order to approve this lot split knowing that it was already in process," said Kent Tomlinson, chair of the Morgan Township zoning commission. Tomlinson told trustees at the joint meeting that the zoning board intended to limit shared driveways to two properties and had sent language to the Butler County Planning Commission for review.

Zoning administrator Dale (first name given in meeting materials as Dale) said he approved the split after reviewing the survey and applicable resolution language, and that he acted because "the property owner was not being allowed his rights." Dale told the trustees he believed the split met the township’s requirements for lot size and road frontage and cited state provisions (transcript references 519.16 and 711.131) in his explanation. Dale also said the county engineer had approved a bridge and road to county specifications in an earlier planning review for the property.

The trustees said the county engineer’s office and the Butler County prosecutor’s office are now reviewing the lot split and related approvals. After the executive session, the trustees adopted a motion that "effective immediately, all lot splits will go before the entire zoning board, and not be relying on one person to make that decision." The motion was seconded and passed by the trustees present.

Commissioners and public commenters also raised questions about whether the owner intended to sell a large portion of the property after the split and whether financial hardship claims were used to justify approving a shared driveway that would have otherwise required multiple bridges or infrastructure to meet county specifications. "There was nothing stopping them from developing their property… They wanted to put in four lots; they only put in three," one zoning commissioner said during the meeting.

Trustees said they will pursue administrative steps to restore public confidence and will provide updates at future meetings. The board did not announce personnel actions at the public meeting but said "administrative actions" were forthcoming.

The township directed that future lot‑split certificate applications be routed to the full zoning commission for decision rather than decided solely by the zoning administrator. The trustees recorded the motion and vote at the Sept. 8 meeting and noted ongoing county‑level reviews of the Howard Creek split.

Ending: The trustees scheduled follow‑up and said additional information would be provided in upcoming meetings as the county reviews continue.