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Commission denies Ellis Lewis four‑lot subdivision near Summit Lake, citing access and safety standards

5066407 · June 24, 2025
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Summary

The Montezuma County commissioners voted unanimously to deny a four‑lot subdivision and rezoning application for 39.66 acres at 14171 Road 36.75 (Mancos), concluding the property lacks the 60‑foot right‑of‑way and raises traffic and safety concerns on local roads.

The Montezuma County Board of County Commissioners on Tuesday denied a four‑lot moderate subdivision and rezoning application filed by Ellis Lewis for a 39.66‑acre parcel at 14171 Road 36.75 (Mancos), finding the proposal did not meet county standards for safe access and public facilities.

Planning staff and the planning commission recommended denial, and commissioners cited the county’s subdivision policies — specifically standards intended to “avoid subdivisions that result in unacceptable or unsafe traffic, noise, or dust levels on county roads” — in explaining the decision. County staff emphasized that the proposed subdivision lacks a 60‑foot public right‑of‑way to the property and that the current access configuration raises safety and maintenance concerns.

Opposition from residents along the series of private access roads (identified in county records as P‑roads) was a major theme during public comment. Ray Boswell, who said he is the plaintiff in prior litigation over access, told the board that P‑roads serving the community are private and that “Mr. Lewis has no easement rights” across one of the P‑roads. Several neighbors described the north‑end roads as narrow, lightly maintained, with limited sight lines, and unsuited for additional traffic. Andrea Martin said the shared road “is barely 25 feet wide” in places and is maintained by residents rather than the county.

Applicant Ellis Lewis disputed the county’s characterization and argued that historical deeds and easements give him the access rights he needs. He also argued that houses existing before the county’s land‑use code should be grandfathered. The exchange with commissioners and staff became heated at times; the board repeatedly redirected the discussion to the specific subdivision criteria before it.

County staff read a letter from the Colorado Department of Transportation noting that auxiliary lanes at the intersection of State Highway 184 and County Road 37 were already warranted for existing development and recommending that safety improvements be in place prior to any additional land‑use approvals affecting that intersection. Planning staff also cited county code section 5101.2 and standard subdivision policies that require avoiding development that would create unacceptable safety or public‑facility burdens.

After deliberation, the board voted to deny the application. The motion cited the lack of required access improvements and the potential for significant adverse impacts on other properties in the area. The vote was recorded as unanimous.

What this means: The denial leaves Mr. Lewis with the option of addressing the stated access and safety shortcomings and resubmitting a compliant application, or seeking remedies through the courts. Residents who testified said they will continue to press for clear access and maintenance arrangements for the P‑road system serving Summit Lake neighborhoods.