It appears that a neighborhood dispute over a proposed self-storage business will have to be resolved by a judge before going in front of the Montezuma County Commission again.

At issue is whether a road easement granted to Jim Stephens allowing him access to private property also allows its use as an entrance to a commercial storage business expecting high customer traffic.

"I’m apprehensive about acting on a high-impact permit until some kind of agreement in writing is reached between Stephens, the other neighbors with easements and the road’s owner," said County Commiss-ioner Gene Story Monday.

A plan by Stephens to construct three multi-unit, self-storage buildings on his five-acre parcel shows access off a private driveway owned and maintained by neighbor Patty Randolph and located south of the Hay Meadows Subdivision.

Stephens, along with six other residents in the subdivision, has an easement agreement with Randolph to use her road for access to their properties, and, in one case, to a used-book store. Stephens argues that his road easement gives him unrestricted access.

But Randolph, along with several neighbors, have protested Stephens’ request for a high-impact permit from the commissioners, which is required to put up the first building — a 41-unit, 4,750-square-foot structure.

Complaints about increased traffic, dust, light pollution, noise and other possible disturbances resulting from customers entering and leaving the storage units continued at a second public hearing Monday.

Randolph insists that her easement agreement with Stephens has limits, and does not allow carte-blanche use of her road for high-impact commercial purposes.

"I feel very responsible for that road," Randolph said. "(Storage units) would not be a safe business for anyone involved, and I have a responsibility to my neighbors to prevent that from happening."

Stephens told the commissioners he does not believe the storage units will be that much of a problem, and is relying on developing the property for retirement income.

"I can’t just let it sit there empty," he said. "Whatever I do with it will have some effect on the people around it."

He added that he does not agree with mitigation recommendations to put up a privacy fence, limit hours of operation to between 7 a.m. and 7 p.m., and keep a full-time employee on-site to deal with customers.

Randolph said that she would be more agreeable if the business venture were one that would be less disruptive to her and nearby residents and had fewer impacts on her road.

"We are retired, and peace and quiet is very important to us," said neighbor Beth Partner. "This type of business is not appropriate in a residential area."

At any rate, agreement between Stephens and the neighbors seems unlikely, and the legal question of access involving a private road cannot be legitimately decided by the county, said county attorney Bob Slough.