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Commission conditions private-road permit on keeping Ecker Lane open after resident raises access concern

5793641 · September 4, 2025
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Summary

Tooele County planners approved Conditional Use Permit CUP 2025-104 for a private access road tied to a four-lot plan, adding a condition that recorded easement language keep Ecker Lane open for public access after a nearby property owner said he uses the route to reach his land.

The Tooele County Planning and Zoning Commission approved Conditional Use Permit CUP 2025-104 for a private road to provide legal access to a parcel that the applicants plan to split into four lots, but added a condition that Ecker Lane remain open for public access to preserve existing access for adjacent property owners.

Planning staffer Trish told commissioners the owner’s plan is to create a 30-foot private road on the owner’s side to provide access to internal lots; the owner’s long-term intent, Trish said, is that when adjacent owners develop, the county could eventually take ownership after dedication and incremental improvements. Trish explained the CUP process creates a record for the private road name and enables recording of a road maintenance agreement and the access easement.

Resident and landowner Dave Gallant, who said he lives on Ecker Lane, told the commission he accesses his property via the dirt road that ends at his gate and asked whether the CUP would affect his longstanding access. “Is this going to impact our access?” Gallant asked. Gallant said he did not object to upgrades or the eventual building but wanted assurance his access would remain.

Planning staff said the property owner recorded an access easement at the time of application; staff recommended the commission add a condition that the easement remain open for public access and that the staff-recorded attachment reflect that the private road has been approved through the CUP and include the road maintenance agreement. Trish said the recorded easement did not expressly state ownership in favor of particular lots and that subdivision would be required later when the owner seeks building permits for the new lots.

Commissioner Scott moved to grant approval of CUP 2025-104 with the amendment that Ecker Lane remain open as public access; Commissioner Mitchell seconded. The motion passed on a unanimous roll-call vote. Commissioners recorded as voting yes were Commissioner Beckstrom, Commissioner Scott, Commissioner Hoke, Commissioner Bartholomew, Commissioner Alder and Commissioner Mitchell.

Staff noted next steps include recording the access easement language and road maintenance agreement in the county records; the applicant will undertake subdivision proceedings when ready to create individual building lots.