El Paso County Planning Commission Approves Mariah Trail Waiver Request

In a recent meeting of the El Paso County Board of County Commissioners, significant discussions centered around a waiver request for a property located at 19205 Mariah Trail. The request, submitted by Wayne Anthony Custom Homes, seeks to waive a specific requirement of the El Paso County land development code, which mandates that dedicated land must be free of encumbrances.

The property in question is situated approximately 20 miles south of the intersection of Mariah Trail and Thunder Road West. The planning commission had previously reviewed the waiver on August 21, 2025, and recommended its approval with a vote of 4 to 1. The waiver pertains to section 8.5.1.c of the land development code, which is designed to ensure that land dedicated to the county is unencumbered.

Kylie Bagley, the principal planner for the project, explained that the waiver is necessary due to a 16-foot wide access easement on the property, which is held by other parties. The property owner, Mr. Kirk, had previously received approval to subdivide his 35-acre property into six residential lots. However, a portion of the access easement overlaps with the proposed public right of way for Mariah Trail, complicating the development process.

Despite Mr. Kirk's efforts to negotiate with the easement holders to vacate the portion of the easement that lies within the proposed road, he was unable to secure the necessary agreements. This led to the current request for a waiver, which would allow the county to accept the right of way while acknowledging the existing easement.

The implications of granting this waiver are significant. If approved, the county would accept the right of way, but the rights of the easement holders would take precedence in any potential conflicts. This situation raises questions about future development and access in the area, as the easement holders could potentially impact the county's ability to utilize the right of way effectively.

The meeting also provided an opportunity for public input, with officials encouraging remote participants to share their thoughts via email. As the discussion progressed, it became clear that the outcome of this waiver request could influence not only the immediate development plans for Mariah Trail but also the broader landscape of land use and development in El Paso County.

In conclusion, the Board of County Commissioners will deliberate on the waiver request, weighing the need for flexibility in land use against the rights of existing easement holders. The decision will likely have lasting effects on the community's development trajectory and accessibility in the region.