Plan commission grants conditional approval for Cooper minor subdivision after septic and deed concerns

The Owen County Plan Commission voted to approve, with conditions, a minor subdivision application by Kevin Cooper after discussion about septic requirements and missing deed and survey items.

Kevin Cooper told the board he had changed zoning on a parcel from commercial to single-family residential and planned to divide it into three parcels; he said soil tests were favorable and wells in the area had been successful. Commissioners, however, raised compliance questions about creating buildable lots smaller than one acre: Indiana law requires identification of both a primary septic site and a reserve site for lots under one acre. Staff also noted survey descriptions, a recorded deed and surveyor certification were missing from the application package.

To address the septic reserve-site requirement and the tight timeline for the applicant’s impending closing, commissioners discussed redrawing lot lines to create a one-acre front lot and combine other areas to keep remaining acres associated with the existing house. The commission moved to give conditional approval that would permit the applicant to proceed provided the lot lines are redrawn to create a full one-acre lot at the road, the deed and surveyor certification are recorded and staff verifies compliance. The motion passed in a voice vote; staff will require the redrawn survey and final documentation before issuing the final subdivision filing.

The commission noted this approach balances strict compliance with state septic rules while minimizing delay for the applicant, but stressed the applicant must provide the required recorded documents and the detailed drainage information when requested.