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Buffalo County corrects road name in Cherry Valley subdivision record; final plat for Roubicek remains unclear after motion
Summary
The county amended a September subdivision resolution to correct a road name and recorded a motion regarding the Roubicek final plat that the minutes later mark as 'revoked,' leaving the final disposition ambiguous and asking the surveyor to resubmit variances to Planning & Zoning.
The Buffalo County Board of Commissioners on Oct. 10 approved an amendment to a previously adopted administrative subdivision resolution for “Cherry Valley” to correct a typographical error in the road name and discussed the proposed final plat for the Roubicek subdivision, with the surveyor asked to resubmit for variances.
Zoning Administrator Dennise Daniels reviewed Resolution 2023-45A, which replaces an incorrect road name in Section 4 of the September 12 resolution; the board voted unanimously to approve the amendment after Commissioner Bill Maendele moved and Commissioner Ronald Loeffelholz seconded the motion.
The action corrects the record to state that “Buckboard Road is a county-maintained, open public road and it abuts the subdivision on its east side,” language the board said meets county width standards. The amendment was presented as a ministerial correction to prevent further error in county zoning records.
On the Roubicek Subdivision, Daniels presented a Summary Report of Denial for the proposed final plat. Registered land surveyor Mitch Humphrey addressed the board with comments. Commissioner Daniel Lynch moved, with Commissioner Maendele seconding, to deny the proposed final plat and request that Humphrey resubmit his application for variances and present it to the Planning & Zoning Commission. The minutes record the roll call as showing ayes by the members present but also state, in the following line, “Motion declared revoked,” creating ambiguity in the written record about the final disposition of that motion.
Because the minutes themselves contain the conflicting language, the board’s formal next steps on the Roubicek final plat are not clear from the record. The minutes indicate the board requested resubmission with variances and further review by the Planning & Zoning Commission; the county clerk’s office is listed as the custodian of the minutes.
The board recessed at 9:23 a.m. and later reconvened as the Board of Equalization. No public commenters addressed the zoning items during the meeting.
The board is scheduled to meet next on Tuesday, Oct. 24, 2023, when zoning-related recommendations from committees (including any resubmitted plats) may return to the agenda.
