Clinton County board approves Dickey one‑lot subdivision with covenant changes and counsel review

The Clinton County Planning Board on Aug. 5 approved, 6–0, the primary plat for a 1.692‑acre residential lot proposed by Michael and Angie Dickey on East County Road 100 North, subject to county counsel review of restrictive covenants and an agreed change to language that staff said could bar home occupations allowed under the county zoning ordinance.

Planning staff described the lot as residentially zoned and noted it had to be completed through the subdivision process even though the parcel was previously split. "This site is actually zoned residentially and already predetermined to be a location for houses," staff member Liz Stitzel told the board.

Staff reported the drainage board approved the request on June 17, 2025; the health department has approved the lot for a septic system; and County Highway had no objection to the proposed drive. Staff advised the board that the draft covenants from the surveyor included an overly broad restriction that would bar commercial activity beyond agricultural businesses; because the parcel is residentially zoned, staff recommended amending the covenants so they do not prohibit small home occupations that the zoning ordinance can allow.

Michael Dickey, the petitioner, said the planned structure is a pole barn with a small living quarter and that family use — and possibly selling a few pumpkins — were his primary intentions. "The only thing that might — my son‑in‑law has talked about maybe planting some pumpkins around there and maybe selling a few pumpkins. Is that a problem?" Dickey asked; staff replied that selling a few pumpkins would normally be treated as a home occupation under the zoning ordinance and would be approvable unless the covenants explicitly forbid it.

Board member discussion focused on the covenant wording and neighbor questions. Staff summarized an emailed letter from a neighbor across the road who raised concerns about construction hours, potential debris, and possible flooding impacts to a garden and creek. Staff said the neighbor was told that only one house is proposed, construction hours are a contractor matter, and that the drainage board had reviewed the plat and found it would not create the neighbor's claimed flooding issue. Staff also noted a typographical correction was required on the plat (a surveyor typo referencing Boone County instead of Clinton County) and that the surveyor would correct it.

A motion to grant primary approval, conditioned on the covenants being amended to allow home occupations consistent with the zoning ordinance and on review by county counsel Jay Moore, passed on a roll call vote: Grant Mueller, Dan Sheets, Walt Minnick, Jeff Chenoweth, Chad Colby and Kevin Myers voted yes.

Staff told the applicants the next steps are to work with the surveyor (John) to finalize the revised plat and covenants, obtain counsel review, then return for secondary plat processing and recording.