Plan Commission approves lot split subject to variance condition to avoid non‑compliant parcel

The Porter Plan Commission reviewed and approved a proposed subdivision (lot split) on June 24, approving the action as a final subdivision decision with a condition tied to an earlier Board of Zoning Appeals (BZA) variance. Staff explained the petitioner previously secured a development‑standards variance to allow an accessory structure to exist on the lot before a principal structure, but that variance carried conditions — including a one‑year build requirement intended to prevent creation of a non‑compliant parcel.

Commissioners debated two options: approve the split outright (which would finalize subdivision records) or approve it subject to the exact same BZA conditions to ensure the split would elapse if the petitioner failed to meet variance requirements. After discussion, a commissioner moved that the plan commission approve the subdivision with the condition that the subdivision will terminate if the BZA variance is not satisfied. The motion was seconded and carried by roll call; commissioners present voted yes.

Staff and counsel clarified that, because the variance has been granted, the split meets ordinance dimensional requirements but the added condition preserves the town’s ability to prevent an end run that would create a non‑compliant property. The commission agreed to complete the signature and notary process for the plat in short order.