The Boulder County Planning Commission conditionally approved recommending to the Boulder County Commission a request to vacate an alleyway and a portion of Old 11th Avenue in Eldora during a regular, virtual meeting at 1:30 p.m. on July 21, 2021. The request had been tabled at the June 16 meeting and brought back after details have been settled.

The applicants, Stephanie and Paul Hartsell, requested the County vacate the entire 12-foot alley right-of-way located between the south 70 feet of Lots 1-6 and the entirety of Lots 42-48 of Block 51, 1104 Eldorado Avenue, as well as a triangular portion of the rightof way within Old 11th Avenue east of the subject property in the Townsite of Eldora, about 2 1/4 miles west of the intersection of Lake Eldora Ski Road and Eldora Avenue. Other applicants listed are nearby property owners Donna Burbank and William Ellwood.

Staff Planner Nathaniel Shull presented the request.

The applicants’ property contains a roughly 930 square-foot historic cabin built in 1919 as a small outhouse, and a private pedestrian bridge. The applicant requested the County vacate the alley right-of-way that crosses through her property to remedy an existing 8-foot encroachment of the cabin on the southern portion of Block 51 into the alley.

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

The applicants also requested the County vacate a triangular-shaped portion of the Old 11th Avenue right-of-way to assure that the existing driveway, which provides access to the cabin and is located partially in the right-of-way, is kept clear of parked cars. The alley and the triangular portion of Old 11th Avenue that are the subjects of this request are not necessary to retain public access to Middle Boulder Creek.

According to a Colorado Statute, “In the event that a roadway bounded by straight lines is vacated, title to the vacated roadway shall vest in the owners of the abutting land, each abutting owner taking to the center of the roadway[.]” Based on this provision, the applicant may only be vested with the southern half of the alley abutting Lot 42 because a lot abutting the northern side of the alley is owned by a separate party.

On the other hand, the 12-foot alley right-of-way between Lots 1-6 and Lots 43-48 may be vacated and vested to the applicant in full. As a result, only half of the triangular portion of Old 11th Avenue can be properly vested to the applicant because her property only abuts half of that portion of the vacated right-of-way.

The Public Works Department has no future plans to develop these portions of right-of-way. In addition, state law permits the County to vacate the remaining land to the owners of the abutting land even if they have not applied for a vacation.

Staff provided several options. With Option 1, staff recommended vacating the entire alley, the southern half of the alley, and the northwest portion of the triangle. With Option 2, vacate the same areas as Option One, but the northern half to the Elwood family trust and to Donna Burbank. Option 2A will be subject to an access easement to use a portion of the driveway; or, 2B, without an easement but with enough space in the driveway for access.

The map shows a portion of the right-of-way south, which leads to access to Middle Boulder Creek. The Kyeshong Bridge will remain as public access, and it is not contemplated to be vacated. Shull said that as a condition, a land survey must be prepared by a professional to verify the accuracy of the measurements.

The change is also conditional on the applicant obtaining a certified survey. If the applicant is to apply, then Burbank and Elwood would each pay half. Hartsell family will obtain a survey on their own property. The Hartsells said lots of changes were presented, and they hadn’t had a chance to review them.

The County Attorney said if the entire width is vacated, it must be split between the families.

After much discussion, Commissioner Ann Goldfarb made a motion to recommend to the Boulder County Commission approving option 2 with no easement and the recommended conditions, with changes to make the completion date one year.

The Commissioners approved the motion with Mark Bloomfield and David Hsu voting against it.

The next meeting of the Boulder County Planning Commission will be on August 18, 2021.