Commissioners approve MOU to align interpretation of Mountain Village 1999 viewplane

San Miguel County commissioners voted unanimously Sept. 16 to approve a memorandum of understanding with the Town of Mountain Village and the Ridge at Tyrie Homeowners Association that clarifies how a 1999 settlement's viewplane restriction will be interpreted and enforced.

County Attorney Mora Bland and town counsel David McConey told the board the MOU does not change the underlying settlement agreement but spells out whether the restricted "viewplane" should be read as a continuous (sloped) plane or a series of stepped limits. David McConey, the Mountain Village town attorney, urged agreement among the parties: "We're not amending the viewplant. We're not amending the settlement agreement. We're just, you know, you say tomato, we say tomato. Let's just agree on tomato." The board added language, per staff advice, authorizing county staff to fill in final technical details of the agreement before execution.

Amy Ward, who explained practical implications of the two interpretations, said the sloped interpretation prevents piecemeal variance arguments and means applicants seeking relief would still go through an established variance process, which includes modern surveying to show a structure would not be visible through ridge geology. The motion to approve directed staff to complete the final details in the agreement; the motion passed on a unanimous voice vote.

The MOU is intended to reduce future disputes at land-use hearings by creating consistent enforcement language for the county, the town and the local HOA. Staff told the board any project that would extend beyond the clarified viewplane would remain subject to the standard variance and referral process.