San Juan County approves 5‑year license, sketch plan for driveway at 1301 County Road 2

San Juan County commissioners on Oct. 8 approved a five‑year, front‑loaded license and a consolidated sketch/preliminary/final improvement permit to allow a driveway extension onto county property at 1301 County Road 2. The license carries a $400 annual fee, renews automatically year to year after the initial five‑year period, and is subject to final redrafting by county attorneys to include language tied to a prior Sunnyside transfer agreement.

County Attorney Dennis (last name not specified in the record) told the board he had drafted the license to avoid creating an easement or other permanent property interest that would trigger the Sunnyside transfer agreement. "Licenses are generally considered to be not a property right transfer," Dennis said, noting licenses are revocable and therefore avoid the additional deed requirements the Sunnyside conveyance imposes. Dennis said he would add language from the Sunnyside transfer where necessary to the final draft so the county complies with the earlier conveyance.

The applicants — identified in the record as Joel and Emily — told commissioners they were concerned about the upfront cost to construct the driveway. The applicants asked the board for certainty because they estimate construction and related costs at about $25,000. Commissioners and staff discussed options including a longer initial term, a first right of refusal if the county later sells the parcel, and whether to charge an easement‑style one‑time fee. County staff said a license better preserves county flexibility than an easement and avoids the extra process required under the Sunnyside transfer.

Commission discussion produced several specific terms the board asked the attorney to include in the final license: the licensee must at all times maintain the current driveway as the primary ingress and egress to the property; the license will allow the county to terminate for health, safety and welfare reasons (with a 60‑day notice in typical terminations); the draft will include the Sunnyside transfer language required for any conveyance of interest; and the license as drafted will prohibit key‑and‑fill engineering techniques called out by staff. Commissioners also directed the attorney to remove a clause that would have required the licensee to remove improvements at termination, leaving the county the option to require removal or allow improvements to remain.

After the attorney agreed to add the requested language and to provide a revised written license for final review, the board moved and approved the following motion: "Approve a five‑year initial license at $400 per year, renewing annually thereafter, subject to redraft of the license that includes the Sunnyside conveyance language and other agreed modifications." The motion passed with all commissioners voting in favor.

The board then approved the sketch plan improvement permit application for development of the driveway extension at 1301 County Road 2 (the motion consolidated sketch, preliminary and final review into a single approval). That motion also passed by unanimous voice vote.

The board and applicants were told the attorney will circulate the redrafted license (either as an addendum or inserted into the license body) before final execution, and applicants were encouraged to have private counsel review the Sunnyside language when it is provided. County staff said the license and improvement permit do not convey a permanent property interest and that any future sale or transfer of the parcel would follow the process and deed language required by the Sunnyside transfer agreement.

Votes: The board approved the license motion and the consolidated sketch/preliminary/final improvement permit by unanimous voice vote (record: "Aye").