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Benton County approves two land-use changes and a subdivision variance amid neighbor objections
Summary
The Benton County Board of Supervisors approved two land-use changes for single-family development and a variance to waive a paved-road requirement March 31, despite neighbor objections including a property-boundary dispute; one supervisor recorded a dissenting vote on the Whitehead parcel.
The Benton County Board of Supervisors on March 31 approved two land-use conversions and a variance to the county subdivision ordinance that waives a paved-road requirement for a proposed plat.
At a 9:15 a.m. hearing the board approved a request from Melissa and Brendan Rule to convert 7.9 acres for a single-family dwelling and outbuilding on a site with a corn suitability rating (CSR) below 70. Planning presenter Matt Even reviewed technical findings under the Benton County Agricultural Land Use Preservation Ordinance, noting Secondary Roads had approved the existing driveway and that the site will require a new septic system and a permitted well. "This request has been found to be consistent with the applicable policies of the Benton County Land Use Preservation and Use Plan," Even said. The board voted to approve the change (motion by Bruce Volz, second Ronald J. Tippet; Tippett, Seeman and Volz voting aye).
At 9:30 a.m. the board considered Tim and Jaime Whitehead's request to replace an existing pole building with a larger structure that would include living quarters. Andrea Morris presented technical information and noted the parcel also has a CSR below 70 and that an existing driveway could be extended to meet sight-distance requirements. A written letter from adjoining landowner Jessica Burnell and comments from renter Vic Jones raised objections, alleging an encroaching fence, a chicken coop and a pond on the Whitehead property that backs water onto Burnell's ground; they urged the board to inspect the site. The board and Assistant County Attorney Derek Marsh said the boundary or fence dispute is a separate civil matter that needs to be resolved between property owners or through township trustees. The board closed the public hearing and approved the Whitehead land-use change (motion by Bruce Volz, second Ronald J. Tippet); Supervisors Tippet and Volz voted aye and Chairman Tracy Seeman recorded a nay vote.
Later the board granted a variance to the Benton County Subdivision Ordinance (Resolution #26-21) to permit a subdivision plat by Kelsey Herren without the county's usual asphaltic or concrete road requirement for a parcel in NW 1/4, NW 1/4, Sec. 27 T85N R9W. Herren presented a map and asked the board to waive the paved-road provision in Article V, Section 5.06(a)1-2; the board approved the variance (motion by Ronald J. Tippet, second Bruce Volz).
The approvals include conditions noted during the hearings: required septic permitting, well permitting where applicable, and compliance with any Secondary Roads requirements for driveways and sight distance. The record shows objections about property boundaries and stormwater/pond impacts were treated as separate legal disputes and were not resolved as part of the land-use approvals.
The supervisors' actions close the county's administrative review for these parcels; construction and any required permits remain subject to county permitting processes and any applicable private civil remedies related to the boundary disputes.
