The Area Plan Commission approved a petition for a preliminary plat for land in Scott Township during their monthly meeting Wednesday afternoon.
The property is on the north side of Hepton Road and 950 feet west of CR 850W near Nappanee.
At last month's meeting, the property was rezoned from agricultural to agricultural II so another home could be built on the property.
The approval came with the condition that a notation appears on the plat saying that the lots won't be further subdivided.
The board also approved the vacation of a plat at North Warsaw Industrial Center, which is on the east side of Ind. 15 in Plain Township.
The plan commission voted against sending a favorable recommendation to the county commissioners for a road vacation at Yellow Creek Lake.
The petitioner, Judy Kay Jordan, was represented by Richard Helm.
The original plat for the subdivision Jordan lives in had a roadway that has never been developed that runs through her property.
Other parts of that "drive" have been vacated in the past.
Helm argued that since those were approved his client's should be.
Members of the plan commission said vacating that section would limit public access to the lake.
Helm said, as it is now, people can't access the lake from Jordan's property without technically trespassing.
Helm also took issue with a state court of appeals case which appears to establish the public rights to use a "drive" to access the lake.
Helm said there are state supreme court cases that are to the contrary and those trump any court of appeals case.
Helm also said the opinion the court of appeals levied was dicta.
Dicta is a legal term describing a statement that is made by the court that goes beyond the issue at hand.
After nearly 40 minutes of discussion, the plan commission voted against sending a favorable recommendation to the commissioners.
The commissioners will have that issue appear before them at their Aug. 17 meeting.
At the end of their meeting, the plan commission held a lengthy discussion about enforcing the county's erosion control regulations. They will revisit the issue at their September meeting.
The plan commission also welcomed a new member Wednesday, Dr. Lee Harman.
Harman serves as a representative for the area's school districts. He replaces Dr. Tony Etienne.
