Maddock Subdivision plan tabled by LUPC

At the July Hot Springs County Land Use Planning Commission (LUPC) meeting, county planner Bo Bowman presented an application from Duane and Cindy Maddock requesting approval for a Preliminary Subdivision Plat, to divide 30 +/- acres into two lots and a Land Use Change for the same 30 acres, from the Agricultural land use category to the Residential land use category. Both lots would be served by onsite wells and septic systems. Proposed Lot 1 is developed.

The subject property is a 30-acre parcel located in the west half of Section 17, Township 43N, Range 94W, fronting on the southeast corner of the intersection of Wakeley Rd. and Fish Hook Rd. It contains a residence addressed as 491 Fish Hook Rd.  

Chairman Adam Estenson opened the meeting to public comments. There were multiple neighbors present who all voiced opposition to the applicants and described there are covenant agreements of the property that would prevent the applicant’s plans.

The neighbors also provided a letter of opposition and stated that the covenants declare that if 67% of the neighbors have a majority of opposition, their wish stands.

There were no comments in support of the applicants.

Chairman Estenson closed the meeting and during the discussion, he asked that Planner Bowman speak with Hot Springs County Attorney Jill Logan to determine if the LUPC has the authority to enforce the covenants or not.

Chairman Estenson added that if the LUPC follows its regulations, and the applicant wants to continue moving forward, they might become liable for a civil lawsuit from their neighbors.

The LUPC board voted to table the application to allow time for staff to meet with the county attorney.

Following the meeting the county attorney confirmed that the county cannot hold up its review process based on a civil matter it is not a party to. The application will be discussed at the August 16 meeting of the LUPC board.