John Scarffe, Boulder County. The Boulder County Planning Commission approved a request to vacate portions of the Trout Avenue, Sixth Street and Fifth Street rights-of-way of the Petersen Lake Addition on the Lake Eldora Ski Road during the regular January 20, 2021, virtual meeting. The property is located at 2310 and 2700 Lake Eldora Ski Road on the north side of Lake Eldora Ski Road about two miles west of its intersection with Eldora Road and is zoned Forestry. 

Staff Planner Jean (Raini) Ott introduced the request on behalf of the applicants Timothy R. Rehder and McKenzie Wolf. Other property owners involved include Mari Anne Gambotto, Eldora Property LLC Et Al (c/o Donna Cartwright) and Energy Resources Technology Land Et Al (c/o Donna Cartwright). The application information can be found on the webpage at www.boco.org/V-20-0007-SE-20-0011.

Staff recommended conditional approval since, as conditioned, staff found the request can meet the Vacation criteria in the Land Use Code. A Subdivision Exemption request for a boundary line adjustment to add about 0.18 acres, including the vacated area if approved, to an approximately 3.8-acre parcel from an approximately 153.2-acre parcel is also proposed; however, only the Vacation request is under the purview of the Planning Commission.

The Trout Avenue, Sixth Street and Fifth Street rights-of-way were established as part of the Petersen Lake Addition to the Town of Eldora filed in 1898, though roadways were never constructed, and the Public Works Department has no future plans to improve the subject rights-of-way. The applicant requests only those portions of Trout Avenue, Sixth Street and Fifth Street that fall within the area described in the access and utility easement recorded April 12, 2019, be vacated. 

To accommodate existing utilities within the subject rights-of-way for which they have no easements, staff recommended a condition of approval requiring that utility easements be conveyed to the entities that have utilities within the rights-of way to be vacated. Furthermore, if the Vacation request and subsequent Subdivision Exemption request is approved, staff recommended requiring that the applicant exclude any area of Lake Eldora Ski Road from the final legal description for the resulting parcel. 

With the recommended conditions of approval, staff supported the request since it would not preclude any parcels from having legal access and does not otherwise conflict with the Land Use Code or Boulder County Comprehensive Plan.

Prior to recordation of new deeds, the applicant must submit a revised map which demonstrates the final parcel configuration, clearly delineating the new property boundaries and excluding any of the Lake Eldora Ski Road right-of-way. In addition, the applicant must provide copies of recorded easements where it is necessary to cross intervening private property to access the property at 2310 Lake Eldora Ski Road. With these amendments, the County Engineer supported the vacation request.

Notifications were sent to 45 adjacent property owners. One response was received from Eldora Ski Resort requesting the applicant survey locations of electrical facilities and establish utility easements as necessary for access and maintenance. Staff has determined that the proposal can meet all the applicable criteria of the Boulder County Land Use Code for a Vacation and recommended the Planning Commission recommend that the Board of County Commissioners conditionally approve the Rehder-Wolf Vacation with the conditions. 

Raini Ott told the Commission that part of the objective was to locate the new water well for the 2310 property. The property owners, five involved and three associated with mining claims and two with the larger property, and the applicant all agreed. They have a clear history that this is an agreement between two property owners.

In this case they are looking at it becoming real property, because the state requires it for a well permit. Ott said the subdivision and boundary line request will be reviewed by the County Commissioners.

Applicant Timothy Rehder from Nederland, Colorado, said he and MacKenzie Wolf bought the property in 2017, went through the site development process and got agreements from Eldora. The County surveyor gave them the idea of putting the well on the easement, which would be easier. He said the conditions are reasonable.

The Planning Commission approved the vacation request with the five conditions. 

The next meeting of the Boulder County Planning Commission will be on February 17, 2021, at 2 p.m.

(Originally published in the February 4, 2021, edition of The Mountain-Ear.)