Homeowner seeks removal of deed restriction at 166 Trimble Road; council urges historic-ordinance route instead

Owners of 166 Trimble Road asked the Concord Township Council on Feb. 4 to lift a deed restriction so the 5-acre parcel could be subdivided and a home built for their daughter. Council members responded that they were not prepared to overturn a prior council's deed-restriction decision and recommended pursuing conditional uses available under the township's historic-property ordinance.

Kim Christie told the council she and her husband, David Christie, purchased the property in 1999 and only recently discovered a deed restriction recorded in the late 1990s that bars further subdivision. She said the family's intent is to keep the historic property in the family and create a "family compound" with a second dwelling for her daughter and her daughter's husband.

A township official explained that the restriction was imposed during the original subdivision and emphasized that lifting a deed restriction is an action the council would not take lightly. Staff also noted that properties larger than five acres with historic-designated structures may qualify for conditional uses under the historic ordinance, including additional dwelling units or bed-and-breakfast uses, and that subdividing could remove those conditional-use allowances.

Council members who spoke said they did not recall a prior instance in which the township reversed a recorded deed restriction and were reluctant to set a precedent. One council member suggested the Christies review the historic-ordinance conditional-use pathway on the township website and consider an application for the conditional use that might achieve their goals without removing the restriction.

The council did not vote to lift the deed restriction; staff advised the homeowners how to pursue conditional uses under the historic ordinance and recommended they consult the historic commission materials posted online.