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Board denies lot‑split request amid neighbor concerns over drainage and runoff
Summary
The board rejected a request to allow two single‑family lots to exceed 4.99 acres after neighbors and the Soil & Water district raised concerns that new building and land‑use changes could worsen longstanding drainage and ponding issues in the Fowler Road area.
The Clark County Board of Zoning Appeals on May 28 denied a variance application from property owner Jason N. Augenstein (represented by attorney Shawn Taylor) seeking permission to create two roughly 10‑acre buildable lots from a 20.742‑acre tract along Fowler Road.
Staff noted the parcel’s previous review (BZA‑2025‑38), removed brush along Fowler Road as required, and identified an existing easement that affects a landlocked portion of the property. Neighbors described persistent and worsening water and debris flows—one said runoff had worsened after logging—and submitted photos and video. Chris Simpson of the Clark County Soil and Water Conservation District testified that any land‑use change in a watershed alters runoff patterns and recommended considering retention or detention measures to slow runoff.
Board members discussed that the owner could, under some interpretations, build on existing grandfathered lots but expressed concern about precedent and unresolved drainage impacts. A motion to approve the variance failed (no yes votes; Mr. Duffee, Mr. Shaw and Mr. Frank voted no), and the variance was denied. The denial leaves the parcel in its current configuration; staff said the owner could still pursue buildable lots by other permitted means (e.g., recordation of prior approvals) but any future development would require standard health and township approvals and possibly further stormwater review.
