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St. Joseph County APC approves variances and minor subdivision for property near Potato Creek State Park
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Summary
The St. Joseph County Area Plan Commission on Feb. 17 approved two variances, a subdivision waiver and primary approval for minor subdivision APC 3075-25 at 24770 State Road 4 Highway, allowing a 15-acre lot with 31 feet of frontage and requiring a septic pretreatment unit as a condition.
The St. Joseph County Area Plan Commission voted Feb. 17 to approve two variances, a subdivision waiver and primary approval of a minor subdivision (APC 3075-25) for property at 24770 State Road 4 Highway, subject to staff conditions including installation of a septic pretreatment (“sledgehammer”) unit.
Adia Smith, area plan commission staff, told the commission the proposal would split the parcel into a 15-acre Lot 1 and a 23.19-acre outlot. Smith said the proposal requires two variances: allowing a 15-acre lot where 20 acres are required and allowing 31 feet of frontage where the code requires 200 feet. Staff recommended approval, saying the split would separate the existing dwelling and accessory structures from wetlands and wildlife habitat, and would not create additional buildable lots.
The petitioner’s representative, Chris Gavuski of Avon Marsh Consultants, said the purchaser John Davis seeks to acquire the outlot and that “nothing new is being improved at this point,” and that the existing driveway and dwelling have been in place since the early 1990s. Gavuski acknowledged the septic system was found to be undersized after an added bedroom; he said the health department concurred with the proposal on the condition a pretreatment unit be installed to abate the undersized absorption field.
Commissioner DJ Tavernier moved to approve APC 3075-25’s variances and the motion carried. The commission then approved the requested waiver to allow a 20-foot opening across a five-foot non-access easement to provide continued access from the existing drive onto Pierce Road (referred to in the record as State Road 4). Finally, the commission granted primary approval of the minor subdivision subject to staff’s stated corrections to the subdivision note and the requirement that the sledgehammer pretreatment unit be installed to address the undersized septic absorption field.
The staff presentation noted the petition had been tabled three times previously at the health department’s request. No public commenters appeared in favor or against the petition during the public hearing. The commission recorded the motions, took roll-call votes and the chair declared each motion passed. The approvals are primary approvals and are conditioned on the items specified by staff.
The commission also received a brief announcement from APC Director Sean Klein that the Town of New Carlisle is drafting a unified development ordinance and may present to the commission in March with a request for a recommendation in April.
The record lists the APC file as APC 3075-25. The variances reference section numbers as read into the record (section 154.092(a) and 154.092(b) for lot-area and frontage variances in the transcript) and the waiver referenced section 153.1.135(h) as read in the hearing. Specific installation deadlines for the septic pretreatment device were not specified in the materials presented to staff.
