07/01/13 The Marshall County Plan Commission sorted out a problem and helped a resident begin building their home on Thursday.
Del Wenzel owner of Pine View Subdivision came before the board to ask for a re-platting of two lots in that subdivision. The reason for the request has a somewhat interesting twist.
Wenzel had already sold a “spec” house on one of the lots in the subdivision. The buyer of the house did not want an 80 foot section of the property that it sat on so that parcel remained in the name of Wenzel and his wife.
Wenzel sold that parcel for building a home but the buyer discovered that a bank lien had been placed on the property and they could not get clear title.
The reason for the lien was that someone had sold a car by forging Wenzel’s name and vehicle had disappeared forcing the bank to place a lien on the property.
In order to allow his buyer to begin building Wenzel asked the Plan Commission to re-plat the property combining it with another lot. The questionable property will be deemed as “unbuildable” until the lien can be sorted out, then Wenzel can deed it to the buyer.
The Commission voted to grant Wenzel’s request.
In July the Commission will hold a public hearing on an adjustment to the current zoning ordinance regarding enforcement of fines.
Currently Plan Commission Director Ralph Booker has the authority to impose fines for non-compliance at his discretion. The language of the ordinance sets those fines as $200 per day. Booker had always interpreted the section to mean up to and including $200 per day when assessing them.
The Commission will discuss changing the wording of the section to match the way the Director has historically enforced it.
