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BZA approves court‑ordered split for 9.2‑acre parcel that created two residential lots
Summary
The board approved a variance to split a 9.2‑acre parcel into a 5‑acre and a 4.2‑acre lot; staff recommended approval with a Health Department review for a septic location on the east lot.
Marshall County’s Board of Zoning Appeals approved a variance on June 10 to split a 9.2‑acre parcel into a 5‑acre lot and a 4.2‑acre lot, each containing an existing residence. The case originated after the property was subject to a court‑ordered division following a dissolution.
Nicholas, the planning staff presenter, told the board the parcel contains two residences and that the proposed split is “characteristic of the properties in the area.” Staff recommended approval; the TRC recommended approval with the condition that the Health Department review and approve the septic location for the east lot before finalization.
Applicant representatives described the history: the larger parcel had been treated as a split in practice, with one house built in 2018 and another added later; both houses have separate septic systems and wells. A neighbor and seller who testified said she believed the original sale was for 10 acres and that surveying over time produced the 9.2‑acre figure that complicated earlier administrative splits.
The board voted to approve the variance with the TRC septic review condition recorded in the minutes. The motion incorporated the standard findings of fact on public health and welfare, use and value, and practical difficulty. The decision resolves an irregularity created by historical platting and court action, subject to verification of septic siting by the Health Department.
