Commission approves Lynman family easement variance 2–1 after questions about possible encroachment

The Henry County Planning Commission approved a variance allowing the Lynman family to use a 30‑foot easement to access a roughly 28‑acre parcel and build a house and pole barn (case 2354). The motion passed by a 2–1 vote.

Dwight Lynman said the driveway would be built south of the floodplain, that septic location had been identified, and that necessary approvals had been sought. “It’s plenty of room,” Lynman said, describing the parcel and planned driveway alignment.

Commissioners and staff questioned the age and detail of the survey (a 2022 survey was referenced) and whether the existing barn on an intermediate parcel encroached on the easement. A property representative who has worked on the site said the easement runs parallel to the barn and that it has been used for access for many years.

One commissioner urged caution and asked that the commission not create future title problems, citing a prior Duck Creek encroachment case that required purchasing adjacent land to resolve a barn encroachment. That commissioner asked for clearer survey documentation before construction to prevent potential title complications later.

Despite those concerns, Commissioner Marsha Gratner moved to approve the variance; Commissioner David Fischer seconded. The commission approved the request by a 2–1 vote. Staff told the applicants to follow up with county staff for any additional survey clarification.

The commission did not record further conditions at the meeting; applicants were advised to confirm final survey details with county staff prior to permitting.