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Court denies replat over utility‑easement, setback and septic concerns
Summary
Commissioners denied a proposed replat after staff and county counsel flagged apparent violations of county subdivision rules, private deed restrictions and septic compliance; the court requested deed/POA resolution or variances before re-submittal.
A proposed replat in the Saiss Hombreis area was denied after county staff and counsel raised concerns about utility easements, building setbacks and potential conflicts with private deed restrictions.
County counsel advised that, on its face, the replat appeared to violate county subdivision regulations and possibly internal deed restrictions. "So just on the face of this replat, it appears to be violating the county's subdivision regulations, but also perhaps the internal deed restrictions of the subdivision," counsel said. Commissioners asked that the record identify the defects so future reviews are limited to those issues; the court amended a motion to deny the replat citing: utility easement description deficiencies, building setbacks, private deed restriction compliance and septic regulation noncompliance.
Staff noted there is no active POA for the subdivision, so applicants must obtain title or owner approvals or a variance and possibly provide septic sign-off before returning to the court. The motion to deny passed unanimously.
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