Kerry and Steve Robertson want to put a house and a small horse farm on part of the property.
Linda Wilson of Linda Wilson Realty said Zoning Administrative Officer Stuart Clements said it had never been zoned agricultural.
The commission took the request under advisement and will announce its decision at its Dec. 1 meeting.
Commission discusses issue dealing with new zoning law
The commission discussed an issue raised when Mercer County Fiscal Court approved a new zoning law early this year. Commission attorney David Patrick said the court had told the panel it could not approve the division of property that only can be accessed by way of a pass way through another property owner's land.
In such situations, the property to be divided does not have the necessary road frontage for a subdivision.
Attorney Tebbs Moore believes that section of the new law is unconstitutional and was trying to reach an agreement with the property owners in two such cases.
Walter and Nancy Rowe want to give 90 acres of their 192-acre farm to their children, but the only way to that property is through a back gate off of a private road and it does not have the necessary road frontage.
In a similar case, David Abshire is requesting the establishment of a road through other property owners' land.
In the October meeting, the panel said that issue would have to be decided in Mercer Circuit Court.
In both cases, the property owners were seeking an advisory opinion from the zoning panel.
Patrick said the panel would not be able to give approval because of the new part of the zoning ordinance and Fiscal Court's directions to the panel on that section of the law.
Patrick invited Moore to sit down with Mercer County Attorney Douglas Greenburg, former zoning attorney Larry Catlett and Patrick to try to resolve the problem that has come up several times since the law was passed. Moore said he will do so.