The Boulder County Planning Commission continued a request to vacate roadway areas in Eldora during a regular, virtual meeting on Wednesday, June 16, 2021. At the beginning of the meeting, the Commission elected new officers after Chair Ann Goldfarb stepped down.

The Commission elected former Vice Chair Sam Libby as chair, former Second Vice Chair Mark Bloomfield as first vice chair, and Commissioner Melanie Nieske as second vice chair.

The Commission heard a request to vacate the alleyway at 1104 Eldorado Avenue between the south 70 feet of Lots 1 through 6 and the entirety of lots 42 through 48 of Block 51 in the Eldora townsite, as well as a triangular portion of Old 11th Avenue east of the subject property. Staff Planner Nathaniel Shull presented the summary.

The location, 1104 Eldorado Avenue, is about 2-1/4 miles west of the intersection of Lake Eldora Ski Road and Eldorado Avenue and is zoned forestry. Applicants are Stephanie J. and Paul S. Hartsell.

Staff recommended that the Planning Commission recommend that the Boulder County Board of County Commissioners conditionally approve the Hartsell Vacation. The subject properties are located on the west side of Eldorado Avenue at its bend within the Townsite of Eldora in Boulder County. This property contains a roughly 930-square-foot historic cabin built in 1919 and a small outhouse.

The Middle Boulder Creek flows southward directly through the property. The property is heavily forested and contains several environmental features identified in the Boulder County Comprehensive Plan, including aspen groves, riparian areas, and wetlands. Additionally, a large portion of the property contains a mapped floodway.

Shull said Eldorado Avenue runs north and east and is part of the Eldorado Avenue View Protection Corridor. The existing cabin encroaches on the right of way, and the applicant wants a remedy to the encroachment and to keep access clear to the house, because people park in the driveway.

The Commission received three comments, two for and one against. Staff recommended the triangle be divided in half, with the property allocated to neighbors next to them. The County does not have interest in maintaining the right of way.

Staff recommended the applicant provide a new deed and associated legal description. and a condition prohibiting development on Old 11th Avenue. Neighbor Donna Burbank argued for the lower half of the triangle portion be given to her, and staff believes that would be appropriate.

Commissioner Goldfarb asked if the driveway is on the property of the applicant. Shull said the driveway is all on the right of way, and that’s why they want to vacate it to keep people from parking there. It is termed of access to the parcel.

Applicant Stephanie Hartsell said she is one of the owners of the cabin at 1104 Eldorado Avenue. She resides in Denver, and the family property in Eldora has been handed down through generations.

For 38 years, the Hartsells have done all of the maintenance of property on the driveway and the triangle. Her daughters said they will own this cabin, and it makes sense the road should be vacated. Their family’s ashes are there. The cabin could possibly reach historic status.

Stephanie Hartsell said the family received changes to the proposal at the last minute, and therefore couldn’t review recommendations. They may have to ask for a continuance.

She pointed out corrections to the paperwork. “The dilemma is people parking on our driveway. If it remains public, anyone can use our driveway to park. If the 50-50 split happens, what happens if someone parks there and residents have to go home?” The Burbanks, on the other hand, have all Old Eldorado Avenue to park. They have access on the entire side and a circular driveway in front of their home.

Commissioner Hsu asked how they would prevent people from using the driveway, to which Hartsell answered, by putting up signage and indicating where the trail is located down the street.

During public comment, three people, including Hartsell family members, expressed support for the vacation. Other neighbors expressed concerns about family upkeep of the property, and about losing the bridge at the corner.

Burbank said she has been here for 20 years, and it seems odd to call it a driveway. That’s the property she uses to get to the river. The neighbors blocked access to her land with rocks. It’s a road, not a driveway, she added.

The neighbor at 1120 Eldorado Avenue expressed concern about fences that have excluded residents from the trail with “no trespassing” signs. She is worried about wildlife and children crossing barbed wire. They are full-time residents in Eldora, and the Hartsells only come a few times a year, she said.

Shull said this is a lot of information. As stated by several staff, no future use is intended on the triangle property, and the County prefers not to maintain the right of way.

Staff believe better enforcement is needed. They would be happy to require both property owners to maintain the view protection corridor, Shull said.

Hartsell said the family started building a pathway in 1983 to a small bridge, and the public has never had access to the bridge. Commissioner Sam Fitch said the Commission has time limits. “We don’t have the capacity to become a mediating body for neighbors that don’t get along,” he added.

Staff Member Summer Frederick said staff realize the Commissioners have a number of questions, so staff would recommend tabling this to get more clarity. Commissioners recommended that the naming and terminology of roadways is confusing, and requested that staff members work on maps and names. The Board approved tabling the issue.

The next meeting of the Boulder County Planning Commission will be on July 21, 2021. For more information, go to https://www.bouldercounty.org/ government/boards-and-commissions/ planning-commission/.