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Thursday, April 17, 2008
Rory Road Will Be Paved
By By Lee Ross /
Mountain View Telegraph
A legal battle might have brought a few Edgewood residents to a hard road, or a paved one at least.
A legal dispute over the ownership of Rory Road that began in late 2007 has resulted in a decision by the Edgewood Planning and Zoning Commission that the road will be paved.
Just how one led to the other takes a bit of explaining.
The issue of legal ownership of the road was brought up by Peggy Conger, who lives off the road, last year. Rory Road is planned to be used as an access point for a proposed subdivision of about 70 acres called Pueblo Artesanos.
Conger said a portion of the road is private, however. It is maintained by herself and a few neighbors. She argued that it can’t be used by the developer, Jensen and Ulrich LLC.
After reviewing the case, the town attorney, Marcus Rael, decided that use of the road is not exclusive and could, legally, be used by the developers. The developers were given approval to begin working on the subdivision.
Around that time another attorney, Karen Kilgore, was hired to represent residents on Rory Road, and an appeal of the planning and zoning commission decision was heard by Edgewood’s Town Council.
On March 12, the council decided to remand the decision back to the Planning and Zoning Commission in light of new details. Because Jensen and Ulrich had worked on the existing subdivision on Rory Road — the one with residents who were fighting the developer — it was argued the old subdivision should be included in the commission’s consideration of the new subdivision.
The commission then decided on the issue at its April 7 meeting.
According to Planning and Development Manager Karen Mahalick, the town’s regulations state that a developer creating a need for service on a road for more than 59 lots has to pave that road.
Pueblo Artesanos, along with the eight lots that already exist on Rory Road, is just a few lots over that limit.
“Rory needs to be paved, as per the requirement of the subdivision ordinance,” Mahalick said, recapping the commission’s decision.
Coincidentally, the developer will have to come back to the planning commission to renew its preliminary plat approval, which was approved on April 16, 2007, and is only good for one year. Mahalick said the item will be heard at the April 21 commission meeting.
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