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County OKs four-lot subdivision exemption near Egnar over neighbors' objections
Summary
San Miguel County commissioners approved a subdivision exemption to split a 32-acre parcel west of Egnar into four lots despite objections from neighboring landowners who warned of habitat and access concerns; conditions include final plat approval and required CDOT access permits.
San Miguel County commissioners approved a West End subdivision exemption on Oct. 15 to allow landowner Bruce Hankins to split a 32-acre parcel near the intersection of State Highway 141 and County Road H1 into four lots. The board attached conditions including final survey corrections and required highway access permits.
Neighbors from Egnar told commissioners they were surprised the county’s West End Zone District allows parcels smaller than 40 acres and said fence and access disputes remain unresolved. Patty and Mark Thomas urged commissioners to deny the request, saying they moved to Egnar for privacy and that the parcel is on an elk migration route.
The county planning staff, represented by Associate Planner Nicola Kerr, told the board the West End subdivision exemption process is a long-standing part of the county land use code that allows agricultural landowners limited ability to create up to four parcels to help diversify farm incomes. Kerr said the applicant supplied a revised plat and that the county surveyor, David Foley, had 20 comments that must be addressed before final plat approval.
The Colorado Department of Transportation told the county it prefers any lot access be moved to County Road H1 rather than State Highway 141 because of traffic volumes and turning speeds; CDOT also said an historic, overgrown access exists on SH-141 but it is not permitted and would need an access permit and upgrade. Road and Bridge staff flagged that if more than two residences share a new access, a wider right-of-way and a different road standard would be required.
Hankins told the commissioners the parcel came to him after his father's death and he needs cashflow to sustain nearby family farming operations. He said portions of the parcel are enrolled in CRP but drought has reduced the grass stand and that power and natural gas are available along the parcel edges. He also said he intends to complete the required survey monumentation and secure proper access permits.
After public comment and questions about fence lines, survey monuments and access, Commissioner Lance Waring moved to approve the resolution subject to three conditions: the applicant must submit a final plat that addresses the county surveyor’s comments; obtain a CDOT access permit for SH-141 if that access is used; and obtain any required county development permits for access from County Road H1 before construction. The motion passed on a 3-0 vote.
Commissioners and staff noted the land use code explicitly accommodates limited subdivision exemptions in the West End to allow agricultural landowners a limited avenue for income diversification, and emphasized the approval is limited to the four lots requested and does not allow further subdivision.
The board asked staff to ensure the final plat is monumented in the field and asked the applicant and neighbors to work with county staff to confirm access and fence-line questions before final plat approval.
