The Boulder County Commission approved vacating an alleyway off Eldorado Avenue in Eldora during a regular, virtual meeting on November 2, 2021. Applicants Stephanie J. Hartsell and Paul S. Hartsell requested the County vacate the 12-foot right-of-way alleyway at 1104 Eldorado Avenue between the south 70 feet of Lots 16 and the entirety of Lots 42 to 48 of Block 51, as well as a triangular portion of Old 11th Avenue east of the subject property.

The proposal is in the Forestry Zoning District, about 2-1/4 miles west of the intersection of Lake Eldora Ski Road and Eldora Avenue. County Planner Summer Frederick introduced the proposal.

The Hartsell property is located on the west side of Eldorado Avenue within the Townsite of Eldora and contains a roughly 930 square-foot historic cabin built in 1919 as well as a small outhouse and a private pedestrian bridge. Middle Boulder Creek flows southward directly through the property, which is heavily forested and contains several environmental features including aspen groves, riparian areas, and wetlands. A large portion of the property contains mapped floodway.

The applicants requested the County vacate the alley right-of-way that crosses through the subject property in order to remedy the historic cabin’s existing encroachment into the alley on the southern portion of Block 51. The application also requested the County vacate a triangular shaped portion of Old 11th Avenue right-of-way to keep the existing driveway – which provides access to the cabin and is located partially in the right-of-way – clear of parked cars.

The County analyzed the platted roads, alleys, and rights-of-way in the Eldora townsite and has identified which should be retained for access to Middle Boulder Creek, public lands, and other private properties. Staff recommended that the Board of County Commissioners vacate the areas to the applicants, subject to conditions.

If the Board of County Commissioners approve the vacation to the applicants, staff also requests that the Board of County Commissioners vacate the northern half of the alley abutting Lot 7 to the Ellwood Henry Vincent Family Trust and the southeastern half of the triangular portion of Old 11th Avenue to Donna Burbank.

The Planning Commission recommended that the Board of County Commissioners conditionally approve the request after two public hearings. This application was first considered by the Boulder County Planning Commission at a public hearing on June 16, 2021. After a statement by the applicant and several public comments, the Planning Commission tabled the request.

The application was heard again by the Boulder County Planning Commission at a public hearing on July 21, with staff clarifying information regarding the recommended conditions of approval related to the location of the Hartsell’s Driveway and the potential of an easement on the southeastern half of the triangular portion of Old 11th Avenue. The Planning Commission recommended approval to the Commissioners with conditions.

With Planning Commission approval, staff recommended the Board of County Commissioners approve the vacation of the entirety of the triangular portion of Old 11th Avenue with the southeastern portion vacated to Neighbor Donna Burbank, and staff requested that the Board vacate the southeastern half of the triangular portion of Old 11th Avenue to Donna Burbank, subject to an easement established by the County for the applicants’ continued use of the existing driveway, or vacate the southeastern half of the triangular portion of Old 11th Avenue to Donna Burbank without an easement with the understanding that, as a result, the applicants may not have full access to the existing driveway and will instead need to relocate at least part of the driveway. The Burbanks have a separate access to their parcel.

Stephanie Hartsell, property owner and applicant with brother Paul, said the alleyway will be divided by the center line. Without an easement, it would be a clear division of the property lines. They will have to adjust the driveway, and they agree with that. They hope to move ahead to get this finalized.

Frederick said the driveway would need to be moved to the north some distance to meet multi-modal transportation standards. Hartsell said the driveway would have to be moved but they should have enough room to move that over. People will be parked on the driveway, so they can’t access their own property. They will put up a sign saying it is a private driveway, Hartsell said.

Donna Burbank said we both agree that the easiest solution is to split down the middle without an easement. She said the driveway has been a public access way she had been walking for 20 years. She agreed to vacate the alley split evenly without any easements and that’s a win-win.

The Commissioners agreed that this solution makes sense and noted that a survey is required. The Commissioners approved the Hartsell vacation for the entire 12-foot alley, with conditions of approval for the entire portion of the alleyway and a portion of the triangular portion.

The Boulder County Commission met on November 9, and will meet again on November 16. For more information go to http://bouldercountyco.iqm2.com/Citizens/default.aspx