So we appealed the Planning and Zoning decision to force us to reclassify our driveway to a private road. This first appeal was to the Planning and Zoning commissioners and they decided against us and to keep the Planning and Zoning original decision. We decided to appeal again to the county commissioners and this again we lost. As soon as they release the written decision, I’ll post that here and I’ve requested the audio of the hearing which I’ll have transcribed and I’ll post both the recording and the transcript here in verbatim.
The skinny on this whole problem with Gem County boils down to personal property rights and Gem County forcing us to convert our driveway into a private road. Nether my neighbor or myself want to encumber ourselves with a contract for road maintenance. Here we would be giving everything up and receiving nothing in return. We maintain the driveway and we don’t want the county fining us if we don’t remove the snow when the county doesn’t even adequately maintain the road leading to the driveway approachment. Liberty Rd., is a dirt road and is filed with potholes in the winter, snow removal is rare, school busses don’t service homes here, US mail refuses to deliver to residence further up the road from my property, we don’t have trash service, the volunteer fire department is 40 minutes at best, we are lifetime subscribers to life flight because ambulance service is to far way; I moved here because of the lack of CC&R or home owners associations. We accept all of this because we are self-reliant and resourceful and I don’t want someone telling me what to do with my property.
Below are my written notes going into the meeting, as soon as I have the hearing recording, I’ll post that here.
Item 1 The definition of a private road was not addressed in the appeal.
The code clearly states that the definition of a private road does not include existing easements. The Planning and Zoning Commissioners failed to address this in the hearing. Our driveway clearly consists of two private easements, hence, this is an incorrect application of the code.
11-2-2 Definitions
PRIVATE ROAD: A roadway that is not dedicated to the public, but intended for public use, privately maintained, serving more than two (2) building parcels or lots but not more than ten (10), and that is approved pursuant to subsection 11-6-3J of this title and Gem County Code Title12, Chapter 8. A private road does not include existing easements that may have provided access but have not been built to county standards.
Item 2 The lack of a road maintenance agreement was not addressed in the appeal.
I stated that the issuance of Mr. Locke’s building permit directly violates Gem County Ordinance 11-6-3J, which mandates that any private road application (condition of building permit) must include a signed road maintenance agreement. The acceptance of Mr. Locke’s private road application is not in compliance with county code and directly violates 11-6-3J.
11-6-3 Section J Subsection b -
The applicant must provide a maintenance agreement or user's association document signed by all owners to be served by that road with the application that clearly demonstrates the will be adequately maintained from the public road to all proposed lots to be served; and/or
Item 3 Missing documentation in the original application was not addressed in the appeal.
Lack of Required Documents in the original application. Mr. Locke failed to submit all of the required documents in the original. This truly instills a lack of creditability in the process. Primally, the signed road maintenance agreement was not included.
I think this application should be started over again with all of the required documentation, including the signed (by all property owners) road maintenance agreement. This Gem County ordinance 11-6-3 J 1 b.
The applicant must provide a maintenance agreement or user's association document signed by all owners to be served by that road with the application that clearly demonstrates the private road will be adequately maintained from the public road to all proposed lots to be served; and/or
Item 4 Consent of the property owner was not addressed.
Eric Locke has been granted ingress and egress access, but he does not own the easements. His access is limited to use of the driveway, but without a road maintenance agreement or a homeowners' association, decisions about improvements rest solely with the landowners. Neither the Raatz family nor the Meade's condone the proposed improvements to our driveway. We are satisfied with the current arrangement and wish to maintain the status quo.
Item 5 Impact and liability was addressed but I find the statement “you’ll get over it” disrespectful and demeaning.
Item 6 Overreach. Home owners are grandfathered , was addressed but I believe it was inadequately addressed and dismissed by the Planning and Zoning commissioners.
The commissioners were stuck on the event triggering the Private Road, they said it was a building permit which is incorrect. The only references to Private Roads being required are when the property is subdivided in a new subdivision. 12-6-1 F 4 b 1
then a may be authorized to serve the new subdivision
A name application must be submitted at the time of subdivision application (for new );
Nowhere in the county code does it say that upon the third building permit, the applicant must file a Private Road application and name the road.
I assert that this is construction is grandfathered in and Mr. Lock should receive his occupancy permit without a private road since our property was divided in the late 90’s.
12-8-8 Road Naming Standards Section A number 1 states:
1. Any , whether public or private, that provides access to three (3) or more addressed structures or properties must be officially according to the provisions of this chapter.
This shared driveway has served three parcels, all with Liberty Road addresses for since it was originally subdivided. My property was the last property (the fourth) to receive a address of 11265 Liberty Road in 2021, before this code was adopted in June of 2022. I assert that this should be grandfather in.
