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Neighbor objects to Clearwater Point subdivision, board conditions preliminary plat on recorded easement
Summary
A nearby property owner told the board the Clearwater Point preliminary plat lacks legal access to Lot 1; the board approved the preliminary plat but required that an easement across Lot 2 be recorded before final plat approval and asked to forward detailed plans to Bay Lake Township.
MADAM CHAIR: The board considered the Clearwater Point Second Edition preliminary plat (parcel 50070563, Bay Lake Township) after staff described wetlands and access issues and the Planning Commission's April 16 recommendation to approve.
Steve Lindeman, who said his family has owned adjacent property at 23011 Clearwater Point Road for more than 40 years, spoke in opposition. "Cobblestone Crest is relentlessly pushing for rapid approval of what we believe is an ill-advised plan," Lindeman said, arguing the application "does not satisfy the requirement of the county ordinance that each lot must have adequate legal access" and pointing to the absence of a recorded easement to reach lot one.
Tyler Pegriba, the land surveyor for the applicant, replied that the applicants had revised the plan and would record an ingress/egress easement across lot two to serve lot one prior to final plat recording. Pegriba said the applicants had already updated the north lots to a 66-foot easement and were prepared to record the required easement and show it on the final plat.
Planning and land‑services staff confirmed the Planning Commission had been aware that access would be provided via an easement through lot two, though staff said the commission had not seen the specific final drawing Pegriba showed at the board meeting. Staff recommended approval of the preliminary plat with a condition requiring the easement be recorded prior to final plat recording.
The board discussed forwarding the updated materials to Bay Lake Township (the road authority) for review before final plat approval. The board then moved to approve the preliminary plat and forward it to the township with the condition that required easements be recorded prior to final plat approval; the motion carried.
Why it matters: The dispute centers on whether the proposed subdivision meets the county ordinance's legal-access requirement for newly created lots. Adjoining landowners and the township have statutory interests in road and access arrangements, and final plat recording is dependent on resolving the easement issue.
Next steps: Staff will forward the applicant's updated easement drawing to Bay Lake Township for review and will not return a final plat for recording until the required easement instrument is recorded and shown on the final plat.
