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Planning commission asks applicant to resubmit building-permit materials after litigation delays
Summary
Commissioners discussed a long-pending building-permit inquiry from Tom Hicken, agreed he must provide current documentation and a site checklist, and invited him to present at a future meeting so the commission can advise on outstanding easement and deed questions.
The Walsburg Planning Commission on May 20 reviewed a long-standing building-permit inquiry from resident Tom Hicken and agreed the applicant should present updated documentation and a site checklist so the commission can determine whether the town's current ordinances are satisfied.
Commission member Carrie Meekum summarized the matter, saying Hicken first presented plans and a deed in early 2019 but the application stalled during town litigation and never completed the approval process. Meekum said portions of the parcel's deed and property lines were unclear during the earlier review and that North Ditch (an irrigation entity referenced in the record) and a right-of-way vacatur affected the property's status.
"He never completed the process," Meekum said. "He never completed the process. Correct." Meekum said Hicken told her he felt he should not have to repeat work he previously did, but the commission noted rules and personnel have changed and that current site plans, deed information and any required letters from ditch or irrigation companies are necessary to complete review.
Commissioners discussed specific technical points raised in prior files including setbacks, a culvert, proximity to a ditch (the presenter and commissioners used the name Bull Run/Bull Run Ditch and North Ditch in various exchanges), and septic/drain-field constraints that the county health department would enforce. Meekum said the road vacation related to the prior litigation was recorded and that county records could provide updated deeds.
The commission did not take a formal vote but directed that the town request updated documentation and provide Hicken a standard checklist for building permits; commissioners suggested Hicken be invited to the June meeting to present any missing items. Meekum said the commission's intent was not to block construction but to ensure the process is completed and that any easement or ditch-company approvals required by the county are supplied.
Commission members also noted that if the town issued any advisory letter it should be based on the applicant presenting current materials and the commission making a recommendation at an open meeting rather than issuing an approval based on decades-old materials.
