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Commission tables lot‑addition question in Toboy area pending ordinance clarification
Summary
A proposed small lot‑addition near Toboy Township that would add two triangular parcels to an existing property was tabled so staff can retrieve precedent files and clarify section 406 interpretation about adding land to substandard lots.
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PERRY COUNTY — Commissioners tabled discussion of a lot‑addition/subdivision question in the Toboy area after members disagreed about whether section 406 of the county ordinance allows adding parcel area to a substandard lot without bringing the remainder up to current minimums.
Tom explained the application: the owner is seeking to add two small triangular pieces of land to an adjacent parcel so the owner “gets what he thought he owned,” after a recent survey revealed the discrepancy. Tom said the ordinance language — which states “No lot of land may be added to another lot when the resulting lot area is smaller than the minimum allowed size nor larger than the maximum lot size” — can be read either to describe the remainder after subdivision or to mean an added area must be sufficient to meet current minimums.
Jason, the county planner, read the ordinance aloud and said the text appears to require that an amended lot meet the minimum size. Several commissioners favored consolidating adjacent small camp lots into a single acre to avoid creating future substandard parcels. Commissioners asked staff to pull a prior, similar application (discussed as occurring in the same general area in the recent past) and to return with the file at the next meeting.
Action: the commission moved, seconded and voted to table the application to allow staff time to bring precedent files and further analysis back to the commission. No vote tally was recorded on the public transcript.
Next steps: staff will contact the applicant (identified in the discussion as Sam Brown) to discuss consolidation options and will bring the prior file to the next meeting for comparison.
(Provenance: discussion intro SEG 057; motion to table SEG 391–SEG 398.)

