Request for lot division hits another snag

A long-disputed request for a lot division was sent back to the Town of Fredonia Plan Commission for one last look after a deed restriction surfaced during a public hearing Aug. 11.

The request, made by property owner Kevin Stageman, would divide his 32-acre property at W3835 Highway H in the town to include one 5.398-acre parcel fronting Highway H and three parcels of  two acres, 2.16 acres and 2.19 acres on a nearby tract of land fronting Highway I.

Stageman and his wife Donna plan to sell the four lots, then build a house on the remainder of the property.

In addition to the lot division, Stageman asked the town to rezone the three smaller lots to residential.

After the requests were discussed at six prior commission meetings, they were sent to a public hearing and consideration by the Town Board last month.

But the first speaker during the Aug. 11 hearing halted the request once again.

Patricia Bialzik, a neighbor of the Stageman property, said during the hearing that she discovered a deed restriction on the land signed in 1998.

The restriction prevents any division of the property without the consent of the Town Plan Commission and Town Board.

Additionally, the restriction mandates that seven town residents who protested a division of the Stageman property in 1998 must be notified by certified mail of the intent of the commission or board to discuss removing the restriction.

Bialzik said because the seven residents were not notified by certified mail of the meeting, the restriction still stands.

“The deed restriction is still in place and the divisions and subdivisions of this property cannot occur,” she said.

Bialzik said it is the opinion of her attorney that the town would be in violation of the deed restriction if it approves dividing the Stageman property.

Town resident Christine Luft also said the division could not move forward with the deed restriction, and questioned how so many government entities had reviewed the division and so many meetings had been held on the subject without the restriction surfacing.

“We went through the whole process without knowing about the deed restriction,” she said.

Luft and Bialzik also contended the division request cannot move forward because of a lack of information on the certified survey map of the divided properties.

The map outlines new plats created through the division but does not identify the remainder of the 32-acre property from which they would be divided.

During consideration of the division, board members said they were not aware of the deed restriction and did not notify the seven property owners listed on it by certified mail.

“We did not know there was a deed restriction,” Board Chairman Lance Leider said.

Kevin Stageman, who attended the meeting, said he was aware of the deed restriction but thought it expired after 20 years.

“It should be null and void by now,” he said.

Board members who were given copies of the deed restriction noted that no expiration date is listed.

To avoid legal dispute, board member Jim Stemper motioned to send the division request back to the commission so residents listed on the deed restriction could be properly notified.

“I don’t think we should open ourselves up to anything legal if all these people were not informed as required by this deed restriction,” he said.

The board unanimously approved the motion.