El Paso County approves Mariah Trail waiver despite neighbore28089s easement dispute

The El Paso County Board of County Commissioners voted 5-0 Aug. 28 to approve a waiver (file WV25001) that lets the county accept a planned extension of Mariah Trail even though about 350 square feet of the extension overlaps recorded private access easements.

The waiver was requested by Wayne Anthony Custom Homes to allow a previously approved subdivision of Tom Kirk's 35-acre parcel to move forward. Kylie Bagley, principal planner with Planning and Community Development, told the commission that the request seeks relief from El Paso County Land Development Code requirements that dedicated land be free of encumbrances and that the waiver process provides limited flexibility when a design standard is inapplicable or inappropriate.

Bagley said the portion of encumbrance at issue is roughly 350 square feet and that the planning commission heard the case Aug. 21 and recommended approval by a 4-1 vote. "This section of code states that all dedicated land shall be free of encumbrances," Bagley said while explaining the criteria staff used to evaluate the request.

Why it matters: the approved waiver allows the developer to construct a cul-de-sac and dedicate the road to the county while recorded private easements for neighboring parcels remain live. Supporters said the change creates future, guaranteed public…