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Council weighs road dedication, access and water impacts after McKendricks' subdivision request
Summary
The council reviewed plans from the McKendricks to build on the Hiner parcel; town staff said the subdivision ordinance requires dedication of the road, but owners call it a private lane. Members discussed Utah statute on prescriptive dedication, utility access, and possible gate options.
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Town staff told the council the McKendricks have completed a county subdivision and are now seeking town zoning clearance for a house and related work on the Hiner parcel. The central point of friction is access: the town ordinance would require dedicating a road to the town as part of subdivision approval, but the property owners assert the lane is private and resist deeding it.
The Chair read Utah Code 72-5-104 and said the town may be able to show the road became dedicated by continuous public use. "This is governed by Utah code section 72 dash 5 1 0 4, which states that the road is dedicated and abandoned to public use if it has been continuously used as a public thoroughfare for at least 10 years," the Chair said. Councilors noted the town maintains a mainline and a fire hydrant on the route; they emphasized that any gating or restriction must preserve town access for utility and emergency work. Staff and members agreed to research historical maintenance records and reconvene with the property owners to seek a workable remedy, including access solutions that preserve utility maintenance.
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