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Planning commission recommends Silverstone Phase 6 plat amendment to address nonconformities and formalize cross‑access
Summary
The commission recommended approval of Silverstone Subdivision Phase 6 plat amendment to create a new lot (Lot 32), correct lot numbering, and record a cross‑access easement; staff said the approval would help reduce nonconforming issues but the property owner must still obtain building permits to receive a certificate of occupancy.
The Morgan County Planning Commission voted May 28 to recommend the County Commission approve the Silverstone Subdivision Phase 6 plat amendment to create a new lot and adjust an existing lot boundary, with staff‑recommended conditions.
Staff told commissioners the item had been continued from April 9 and later returned by the County Commission for corrections; staff clarified plat naming as "Silverstone Subdivision amended plat number 2," revised a cross‑access easement description to state both lots "are subject to and benefit therefrom a cross access easement to be used jointly for ingress, egress, parking, snow removal, maintenance, and public utilities," and recommended lot numbering to designate the existing lot as 31 and the new lot as 32.
Staff said approving the amendment is intended to reduce multiple nonconformities tied to how the parcel was previously divided and would allow staff to work with the property owner on building permits. The owner converted an office to a residence after an office permit in about 2005 but did not secure the necessary inspections and certificate of occupancy for the residential use; staff said the owner must submit a building permit and meet current IBC standards to obtain a CFO. "He will have to submit a building permit for the home, and then he'll have to prove to the building official ... that it was constructed to the current IBC standards. Otherwise, he won't get a CFO," staff said.
Commissioners asked whether approving the plat would allow the owner to sell the reconfigured lot before the building code issues are resolved; staff replied that the county's only immediate recourse is to record a notice of noncompliance but that recording does not prevent a sale. Commissioners also discussed the fairness question — whether creating a pathway forward for one longstanding nonconforming property creates expectations for other legacy nonconforming areas — and staff said the planning office has ramped up enforcement and would treat applicants who come forward on a case‑by‑case basis.
Member (name recorded in the transcript) moved that the planning commission recommend approval of Silverstone Subdivision Phase 6 plat amendment (application 20 5.059) to the County Commission based on the staff findings and with the conditions in the staff report dated 05/28/2026; the motion was seconded and carried.
If the County Commission approves the plat, staff said the owner will still need to pursue building‑permit review and any required mitigation to obtain a certificate of occupancy for the house currently on the lot.
