The Montezuma County Planning Commission considered two development plans that did not comply with the land use code during its meeting Thursday.

One was recommended for denial because development began before a permit was approved. Another with unpermitted vacation rentals was recommended for approval only as long a infrastructure were upgraded and the business ceased until it complied with land use code.

Planning Commission members Mike Rosso, Zach Fahrion, Stan Pierce and John Hernandez reviewed the applications and made recommendations.

On Road 39.5 in the Summit Lake West Unit 2 subdivision Edward and Bette Lewis proposed a planned-unit development to allow a third residence on the 13.5-acre property for a family member.

In their 4-0 recommendation for denial, the board said the mobile home had been set on the property prior to PUD approval from the county as required.

“I don’t see how we can approve this … (the applicant) is in the process of doing things that should not be done until they have a permit,” said planning commissioner Stan Pierce.

The application will go to the Board of County Commissioners for a final decision and will include another public hearing.

Under land use code, property tracts are generally allowed one primary residence and one accessory residence. Any more requires a subdivision or PUD permit.

County Planning Director Don Haley said the Lewises were informed they required a planned-unit development to add the third home to be in compliance with the code.

A septic system inspection and permit from the county Health Department would be required for the new residence if approved. A fire mitigation plan is recommended by Wildfire Adapted Partnership because of heavy fuels on the property.

Haley said there were no subdivision covenants for Summit Lake West Unit 2 recorded with the county or state that would prohibit the additional home on the property through a PUD.

“It is a place for my son,” said Edward Lewis. The family offered it because of the difficulty in finding affordable housing.

Several Summit West 2 subdivision residents objected to the plan.

Neighbor Mike Just claimed the proposal should require written consent from all Summit West Unit 2 subdivision owners based on the land use code and deed restrictions. He cited a 1996 county decision that required the consent when another parcel owner tried to subdivide.

“The county board is bound by that decision,” he said.

Subdivision resident Lisa Gower is concerned that additional home will impact her water supply and pressure.

“We feel we have been left out of the process,” she said. “I don’t think this is quite legal because the process is not complete. The trailer is already there. This is not a great precedent to set.”

The Lewises said it was their understanding they could have the home delivered while the application for a planned-unit development was pending. They said the new home was unoccupied.

The Planning Commission advised them to address code and neighbor concerns before the matter went back to the Board of County Commissioners.

The planning commission recommended 4-0 for approval an after-the-fact planned unit development proposal for a property on County Road G with conditions, and also informed the owner to cease a rental business until under compliance.

Jonathan and Tegan Lewis installed three tiny homes on an 8.7-acre property for vacation rentals.

“The did not go through the process to be permitted for them,” Haley said.

The property has an older septic system designed for the main house. The cabins would require a new engineered septic system approved by the county Health Department, Haley said.

Additional water taps or a larger water tap from Montezuma Water District No. 1 would also be required to service the cabins based on regulations.

“We did not realize that you have to come and apply for these things, so we apologize,” said Tegan Lewis. “We purchased tiny homes to supplement our income. We do Airbnb.”

The commission approved the after-the-fact planned unit development with the following conditions: Install an approved septic system for the cabin rentals; purchase the appropriate water tap for the cabins; cease rental of the cabins until conditions are met.

The application will go before the Board of County Commissioners for approval or denial.

jmimiaga@the-journal.com