Board approves Mullican Farms minor subdivision but seeks county clarification on 40-foot right-of-way
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Summary
The Boone County Board of Zoning Appeals approved a special exception to split a small AG parcel into three residential lots while deferring resolution of a disputed 40-foot right-of-way dedication to the county commissioners for legal clarification.
The Boone County Board of Zoning Appeals on Dec. 10 approved a special exception allowing Mullican Farms to create three residential lots from an AG parcel, but delayed final plat details pending a county-commissioner decision about a 40-foot right-of-way.
Staff attorney Bob Clutter outlined the petition (25CL-7M-241), saying the parcel at 3051 E. 700 N. would be split into three ~2.15-acre lots while a larger adjacent lot would remain in agricultural use. Technical advisory comments noted a high seasonal water table, required drainage outlets and that the Boone County thoroughfare plan calls for a 40-foot right-of-way dedication along the road frontage.
Surveyor and representative Jim Swift told the board the petitioner had addressed drainage and septic concerns and had arranged with a neighboring farmer to install new tile where needed. Donald Mullican (petitioner) said Lot 4 remains agricultural and is being retained for farming while the smaller parcel yields the buildable lots.
Highway staff and consultant discussion focused on whether the 40-foot strip should be deeded to the county (transferring ownership) or simply dedicated on the plat so the strip is not included in the residential lots. Jim Swift and other participants said the mechanism is primarily a legal question for the county commissioners and the highway department; the board agreed it needed the commissioners’ direction before final plat language is settled.
Board chair John Merson moved to approve the special exception as presented, with the condition that final plat language and the easement/dedication mechanism be clarified after the commissioners’ review. The motion passed on an aye vote.
What happens next: the board’s approval allows the minor plat process to proceed subject to the recorded commitments on the plat and resolution of how the 40-foot right-of-way will be shown or conveyed. The board noted drainage and septic conditions from the TAC must be satisfied before plat signing.