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Committee sends Del Prairie duplex proposal back to township after residents cite covenants
Summary
A proposed conditional-use to build duplexes in Del Prairie Meadows was sent back to the township for clarification after residents cited restrictive covenants and county counsel advised the county and town could not enforce private covenants.
The Adams County Planning and Zoning Committee voted 4-3 at its March planning and zoning meeting to send back a conditional-use application from Martins and Sons Construction LLC that would allow duplexes in the Del Prairie Meadows subdivision.
Planning staff read an application seeking permission under Section 40534(c) of the Adams County comprehensive zoning ordinance to build duplexes on several lots in Del Prairie Meadows. Correspondence submitted before the hearing said the subdivision’s recorded declaration of covenants, conditions and restrictions (filed with the Adams County Register of Deeds) states in item 6 that lots are for single-family residential use only and that the covenants run for 25 years.
Multiple residents attending the hearing said they bought property in Del Prairie Meadows relying on the single-family covenants. Scott Sheer told the committee, "It does state in covenants, number 6, all lots shall be used for single family residence purposes only." Other residents who spoke against the application included Denise Katke, Ron Scribe and Mike Rule.
An applicant who spoke said he had recently purchased the lots and had not prepared formal building drawings because he wanted to check the approval process first. Committee members questioned the applicant about ownership and whether he lived in the subdivision.
County counsel advised the committee that private covenants are enforceable by property owners but are not enforceable by the county or the town as governmental entities. Counsel said, "neither we nor the town has the right to enforce the covenants because the covenants are a private agreement between the landowners." Counsel recommended, if the committee wanted the town’s suggested condition — that applicants must follow covenant restrictions — clarified, the item be returned to the township for the township to revise or remove that suggested condition.
Committee member Supervisor Dolezal moved to send the application back to the township for clarification of the town’s suggested condition; a second followed. A roll-call vote was 4 to 3 in favor of returning the application to the township. The committee did not decide on the substantive conditional-use request.
No formal vote to approve duplexes was taken at the meeting; the item will be considered again after the township clarifies its position or suggested conditions.
