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Wallsburg residents ask planning commission whether flag-lot plan and water shares can support a second home

Wallsburg Planning Commission · September 17, 2024
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Summary

Mike and Janet Brown asked the Wallsburg Planning Commission whether a rear parcel accessed by a right-of-way could be developed; commissioners said the proposal likely requires subdivision, potential road/fire-access work and irrigation-company sign-off, and advised the Browns to consult the town board and water provider before spending on construction.

Mike and Janet Brown presented a preliminary inquiry to the Wallsburg Planning Commission on Sept. 17 about whether they could create an additional residence on property currently held partly in another person’s name and accessed via a narrow right-of-way.

The Browns said the rear parcel is informally reached by a lane that they described as an agreed right-of-way with a neighbor and that the property remains in the neighbor’s name to preserve loan collateral. Mike Brown told commissioners, “I don’t wanna put a whole lot of money into this until I know that this is gonna fly.” The Browns said they hold five water shares associated with the land and that an irrigation main (referred to in the meeting as Main Creek) runs across or near the proposed access.

Commissioners said the town’s current ordinance treats the parcel as a flag lot, which most of the group said is prohibited by the town code; they warned that creating a separate parcel will likely require a formal subdivision process and county review. Commissioners and attendees discussed potential requirements for emergency access and fire safety, including the possibility of a 20-foot fire access and a nearby hydrant, and noted the construction of a dedicated road could be costly.

The commission advised that any proposal requiring relocation of irrigation infrastructure will also require written approval from the irrigation company. Commissioners referenced prior county discussions about water classifications and advised the Browns to confirm whether the irrigation company or state engineer will permit turning irrigation shares into culinary service or otherwise trade shares for municipal hookups.

No permit or formal approval was granted at the meeting. Commissioners said next steps are for the Browns to seek a written statement from the irrigation company and for Alicia O’Driscoll (planning commission contact) to raise the flag‑lot and subdivision question with the town board at the upcoming work meeting so the Browns can decide whether to proceed.