The Town of Sellersburg Plan Commission voted to approve a replat of the Saint Joe Place subdivision on November 17, granting the applicant permission to subdivide seven existing duplex lots into 14 individual lots.
The action came after a presentation by Eric Merchant of Primavera and Associates and legal counsel Jake Vissing of Frost Brown Todd, who told commissioners the Board of Zoning Adjustments had already granted the necessary variances. Merchant summarized prior steps, saying the project had been discussed at an earlier meeting and that the team had obtained variances needed to proceed. "We were here 2 months ago to discuss... at that time, you all had deferred to table it before for us to go to the board of zoning adjustments," Merchant said.
Counsel for the applicant described the protections the applicant will record. "We stipulated to do with the BZA is a condition to both of the variances is to record a fairly comprehensive set of covenants, conditions, and restrictions," Jake Vissing said. He urged the commission not to add a separate vegetative-buffer requirement, arguing that such a condition would create ongoing enforcement burdens and reduce usable lot area: "we would ask respectfully of of the commission not to impose that is a condition to any approval."
Several commissioners and the chair relayed neighborhood concerns about the potential loss of vegetative buffering and about future resale or division of duplex units. The chair noted neighbors had requested buffer or landscaping conditions and said residents would face the consequences if lots later were sold individually. Commissioners pressed staff and counsel on the legal standard for plat review; town counsel and staff advised that plat approval is ministerial if the submission meets the Unified Development Ordinance/UBO (UDO) criteria and that a denial would require specific findings tied to unmet UDO provisions.
After discussion, the chair called for a motion to approve the plat "as presented." The chair later confirmed the motion and second were by Nancy and Tom, respectively. The commission approved the replat by voice vote, with multiple ayes recorded and one dissent (commissioners recorded a 4–1 outcome).
The approved replat will change the Saint Joe Place configuration from seven duplex lots to 14 lots. The applicant said the recorded covenants will govern maintenance and appearance going forward; the commission did not add a separate vegetative-buffer requirement as a condition of approval. The commission closed the meeting with brief year-end communications and adjourned.
Next steps: the plat, as approved, will be recorded per the town's land development procedures and the applicant is responsible for recording the required covenants before any lot sales, consistent with the BZA conditions and UDO requirements.