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Commission approves waiver allowing Shady Creek Farms to split 43‑acre tract; applicant cites economic hardship
Summary
Shady Creek Farms LLC received a waiver to divide a 43.178‑acre portion of a parent tract into two roughly 21.6‑acre parcels; commissioners voted 10–1 after applicant cited agricultural market pressures as economic hardship and staff confirmed water easements and no fire‑department objection.
The commission approved a waiver on Feb. 24 permitting Shady Creek Farms LLC to subdivide a 43.178‑acre portion of a larger parent tract at 5140 Old Hannah Road into two roughly 21.59‑acre tracts. Attorney Mike Swansberg told commissioners the parcel had been divided into three tracts in 2023 before his client purchased the property in 2024, which prevents further minor subdivisions without a waiver under the county subdivision regulations. He argued economic hardship — low commodity prices combined with rising input costs — justified the waiver to allow sale of one 21.59‑acre tract while the remaining 179.29 acres remain in agricultural use.
Staff confirmed the procedural history and advised conditions that the waiver apply only to the plan presented and that a minor‑plat survey be submitted for agency review prior to final staff approval. The Bowesville (Ballardsville) Fire Department provided comments indicating no jurisdictional objection. The commission adopted the staff conditions and approved the waiver by roll call vote 10–1.
