Clinton County APC continues hearing on Tab Minor Subdivision after neighbors raise septic and drainage concerns

Clinton County27s Area Plan Commission on Monday opened a public hearing on a one-lot minor subdivision for a 0.76-acre parcel known as the Tab Minor Subdivision and voted to continue the matter to its Jan. 6 meeting after neighbors questioned septic setbacks, drainage and the small lot27s effect on rural character.

Staff told commissioners the applicant, Casey Byrne, had obtained three variances from the Board of Zoning Appeals (BZA) on Aug. 27, 2024, and that the county health department had approved a set-aside location for a mound septic system. "State law is clear that if they meet the standards, they must be approved. If they do not meet the standards, they must be denied," a staff member told the commission, summarizing the legal standard the APC must apply for subdivision approvals.

Neighbors pressed the commission during public comment. "I don't think a house should be built there," said Eric Keith, who said he owns the property directly behind the petition site and described a past conveyance dispute in which he said a quarter-acre had been removed from his deed and later returned. Michael Girardi, who said he owns land just west of the lot, asked whether the proposed septic would meet setback guidelines: "The current one doesn't meet those guidelines," he said.

Staff and the commission responded that septic permitting and technical setback determinations are under the authority of the county health department, not the Area Plan Commission, and noted the health department had issued written approvals for both the existing site conditions and the set-aside mound system. Staff warned that if a septic system later fails and there is insufficient space for replacement, the property could face condemnation, an outcome that would be a risk to the property owner.

Commissioners reviewed the subdivision27s history: the lot formerly held a single white house trailer that was removed in 2021 and had been treated as legal nonconforming under a 1993 ordinance. The BZA granted variances enabling the applicant to pursue the subdivision, and the surveyor's office had waived additional drainage review based on prior findings. At one point during deliberations, a motion to approve the one-lot minor subdivision was made and seconded; a roll-call vote recorded three affirmative votes and one negative, and the motion did not carry.

With board members split and some members absent from the meeting, commissioners discussed options including continuing the hearing to obtain additional members for a fuller consideration. A motion to continue the Tab Minor Subdivision to the commission's next regular meeting on Jan. 6 passed by roll call, and staff said it would notify people who had signed up to speak about the meeting location and logistics. Staff estimated 100 to 150 people might attend the Jan. 6 meeting and said the commission would need a venue with audio and YouTube capability for live broadcasting.

The commission also heard brief announcements under new business, including that staff is conducting initial interviews for a potential building inspector and inviting board members to participate in second interviews. The hearing on the Tab Minor Subdivision will resume on Jan. 6; staff will provide venue and notification details to registered commenters before that meeting.