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Clinton County APC grants primary approval for Farrell one-lot subdivision with covenant change condition
Summary
The Area Plan Commission granted primary approval June 17 for the TC Farrell one-lot minor subdivision, subject to the applicant modifying restrictive covenants to allow customary minor home occupations.
The Clinton County Area Plan Commission on June 17 granted primary approval for a one-lot minor subdivision filed by Taylor Farrell, contingent on the petitioner modifying restrictive covenants that would otherwise prohibit nonresidential home occupations.
Staff said the proposed lot is a two-acre first split from a 93.18-acre parent tract in Michigan Township and that zoning in the area is agricultural. Planner Liz Stitzel reported the lot scored sufficiently on the county’s point system to avoid a Board of Zoning Appeals review; the health department approved septic suitability subject to a perimeter drainage outlet shown on the plat, and the surveyor’s office provided a drainage-waiver.
Stitzel told the commission the draft covenants included unusually strict language limiting uses to residential and agricultural only, which would bar typical small home occupations (for example, direct-sales businesses). Staff recommended primary approval but suggested the petitioner remove or relax the extra restrictive clause before secondary (final) approval so future owners would not be unduly constrained or risk neighbor enforcement under reciprocal covenants.
Petitioner Taylor Farrell told the commission they were not aware of the restrictive clause and would discuss modifications with the surveyor. Commissioner discussion focused on avoiding overly restrictive covenants on a one-lot minor subdivision and the likelihood that the secondary filing will be processed administratively once covenants are corrected.
Commissioners moved and seconded a motion to grant primary approval conditioned on modifying the covenants to permit reasonable minor home occupations; roll-call votes recorded Jordan Brewer, Dan Sheets, Walt Minnick, Jeff Chenoweth and Chad Colby voting yes. Staff said the petitioner’s surveyor will process primary approval and that secondary approval will be filed administratively after the covenant change is executed.
