BOULDER COUNTY BOARD OF COUNTY

Land Use Courthouse Annex • 2045 13th Street • Boulder, Colorado 80302 • Tel: 303.441.3930 • Fax: 303.441.4856 Mailing Address: P.O. Box 471 • Boulder...
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Land Use Courthouse Annex • 2045 13th Street • Boulder, Colorado 80302 • Tel: 303.441.3930 • Fax: 303.441.4856 Mailing Address: P.O. Box 471 • Boulder, Colorado 80306 • www.bouldercounty.org

BOULDER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM February 4, 2016: 11:00AM Hearing Room, Third Floor Boulder County Courthouse

Public Hearing with Public Testimony Staff Planner: Michelle Hoshide Docket V-15-0002/ SE-15-0005: Sheets, McDonald, Sutter and Rothschild Vacation and Subdivision Exemption Request: Request to vacate a 112 foot by 25 foot portion of the 7th Street right of way west of 150 S. 7th Street, a 50 foot by 25 foot portion of the Bryan Avenue right of way south of 695 Bryan Avenue, and a portion of the Bryan Avenue right of way south of 675 Bryan Avenue between the parcel and the as-built road. The application also requests the vacation of the existing alley right of way between the subject parcels and a subdivision exemption to correct the encroachment of a well house on 695 Bryan Avenue and 675 Bryan Avenue. Location: At 602 Bryan Avenue and including a portion of Lots 1-5, Block 26, within the Eldora Townsite, west of and immediately adjacent to 6th St., roughly 150 feet south of where Spencer Avenue and 6th Street intersect, in Section 21, T1S, R73W. Zoning: Forestry (F) Zoning District Applicants: Payson Sheets Joe and Pamela McDonald Paul Sutter and Julie Rothschild SUMMARY The Applicants have proposed to vacate a 112-foot by 25-foot portion of the 7th Street right-of-way west of 150 S. 7th Street, a 50-foot by 25-foot portion of the Bryan Avenue right-of-way south of 695 Bryan Avenue, and a portion of the Bryan Avenue right-of way south of 675 Bryan Avenue between the parcel and the as-built road. The application also requests the vacation of the existing alley rightof-way between the subject parcels and for a subdivision exemption for a lot line adjustment to correct an encroachment of a well house on 695 and 675 Bryan Avenue. Staff is recommending approval of the vacation request along Bryan Avenue and a 62-foot by 25-foot portion of 7th Street to correct the encroachment of a portion of the residence and the well which are within the right-of-way. The vacation along 7th St. would also allow for the installation of a vault system on the property which will meet Public Health’s requirements. Staff are also recommending approval of the subdivision exemption. DISCUSSION The Eldora Townsite was originally laid out as an incorporated town in 1898. Eldora disincorporated as a town in 1973 and is now under the jurisdiction of Boulder County. The town was designed on a Cindy Domenico County Commissioner

Deb Gardner County Commissioner Page 1 of 147

Elise Jones County Commissioner

grid of named avenues running east to west and numbered streets running north to south. Streets and avenues were generally platted 50 feet in width (although Eldorado Avenue and 6th Street are both 60-foot wide right-of-ways). The blocks created by this street configuration were bisected by eastwest-running alleys generally 12 feet in width. While the Townsite looks like a typical development of that era on paper, it has not matured in that fashion on the ground. Some of the roads and many of the alleys have never been constructed, while some of the roads that were constructed were not developed within the rights-of-way. One road involved with this docket is Bryan Avenue. On a map, this road is shown going east and west just south of the river. On the ground, Bryan Avenue is accessed off of 6th Street. Going west, Bryan Avenue then snakes around through various private parcels and only briefly falls within its platted right-of-way location before wandering back onto private properties. The development pattern along Bryan Avenue is one of development close to the road, despite where actual property lines may be. The subject parcels are typical to this area and have residences which encroach into the platted right-of-way as shown in Figure A. The proposed vacation will correct these encroachments as well as to allow for the proper installation of required on-site wastewater systems. The subdivision exemption will also correct the encroachment of the existing well house which is split between 675 and 695 Bryan Avenue. This well house serves 695 Bryan Avenue, and the proposed lot line adjustment would allow for the well house to fully sit on the property which it serves. The property, 675 Bryan Avenue, encompasses Lot 19 and 20 of Block 26 of the Eldora Townsite. The property has a 636 sq. ft. residence which was built in 1934 and a 120 sq. Figure A ft. sauna/shed which was built several years ago. There is also an encroaching well house which serves 695 Bryan Avenue. The parcel has a failing septic system north of the existing residence and a well within the right-of-way south of the residence. The residence has a patio which encroaches into the right-of-way. The proposed vacation would allow for the well and patio to sit on the same parcel as the residence. The residence does not meet current setback requirements, but was constructed prior to the implementation of the zoning code and therefore is considered to be legally non-conforming. However, the sauna/shed was built after the implementation of the zoning requirements and does not meet the necessary zoning requirements. The proposed subdivision exemption will correct the existing encroachment by placing the well house fully on 695 Bryan Avenue. The second property involved in this vacation request is 695 Bryan Avenue, which includes Lot 17 and 18 of Block 26 of the Eldora Townsite. The property sits at the northeast corner of Bryan Avenue and 7th Street and has a 759 sq. ft. residence which was built in 1948, a 120 sq. ft. shed which was built prior to the disincorporation of the Townsite in 1973 and well house which encroaches on to 675 Avenue. The shed was moved from the location shown in Figure A closer to

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the residence during the installation of the on-site wastewater system. Therefore it is no longer eligible to be considered legally nonconforming and thus must relocated to meet the setback requirements. The residence currently encroaches into the platted right-of-way for Bryan Avenue and does not meet current setback requirements to the eastern and western property lines. Since the residence was built prior to the implementation of the zoning code, the current non-conformities regarding the setbacks from the eastern and western properties lines allow the structure to be legally non-conforming. However, the encroachment into the right-of-way does present an issue since the residence does not sit completely on the subject parcel. The proposed vacation would correct this encroachment and allow for the residence to sit on a single parcel. The subdivision exemption will correct the other encroachment issue by placing the well house fully on the property. This residence also has a septic system to the north of the residence which is in good working order and a well which sits within the Bryan Avenue right-of-way. The last property involved in the requested vacation includes 150 7th Street. This property includes Lots 14, Figure B 15 and 16 of Block 26 of the original Eldora Townsite. This property at 150 7th Street sits north of the other two properties involved in this request, just north of the platted and undeveloped alley. The property has a 712 sq. ft. residence which was built in 1950, an attached illegally-existing 82 sq. ft. porch which was enclosed a few years ago and a 110 sq. ft. legally built shed built in 1994. The shed currently meets the required setbacks, however, the residence does not and neither does the enclosed porch. The residence currently encroaches into the 7th Street right-of-way and the undeveloped alley right-of-way. There is also a failed vault system on the northwest side of the residence and a well just north of that, both within the right-of-way. Since the vault system has failed, the property is currently serviced by an outhouse, located within the alley right-of-way. Since the house is serviced currently by an outhouse the property does not meet Public Health Septic requirements. A professional evaluation by an engineer determined that the only suitable location for an on-site wastewater system would be directly west of the southwestern corner of the residence. This would place the system within the 7th Street right-of-way. The recommended vacation would correct the current structural encroachments, allow for the illegal enclosed porch to meet required setbacks when the property owner applies for a building permit, allow for an on-site wastewater system and the existing well to be located on the property.

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As shown in Figure B, vacation of the highlighted right-of-way will correct the described encroachments and allow for OWS improvements, resulting in the parcel boundaries shown in blue, orange and green. REFERRAL RESPONSES This docket was referred to the standard referral agencies including other Boulder County departments, utility providers, and property owners within 1,500 feet of the subject property. The referral comments that staff received are summarized below and attached in full following this staff recommendation. Boulder County Parks and Open Space – This agency reviewed the application materials and noted that only enough of 7th Street to encompass the well, cabin, footprint, and septic should be vacated. Boulder County Transportation Department – This agency reviewed the application materials and noted that it supported the vacation since the portions of rights-of-way requested were not used for access, no road improvements existed in the requested portions of the rights-of-way and that several non-conformities would be resolved. Xcel Energy – This agency reviewed the application materials and determined that there were utilities within the proposed right-of-ways and requires that utility easements shall be implemented for all existing utilities. Adjacent Property Owners – Staff received comments from four adjacent property owners. Two people are opposed to the vacation for reasons attached in the packet. The two others do not have concerns. Agencies who responded with no conflict include: Century Link Communications, Boulder County Surveyor, Town of Nederland, Boulder County Public Health Water Quality, Boulder County Public Health Environmental Health, Boulder County Building Division CRITERIA REVIEW AND ANALYSIS Article 10-100 of the Boulder County Land Use Code sets the standards for Vacations of Public Roads, Alleys, and Easements. Staff has reviewed this proposal per these criteria and has found that: A. Public roads, alleys, and easements may be vacated after consideration at a public hearing by both the Planning Commission and the Board of County Commissioners. This hearing before the Board of County Commissioners and the previous Planning Commissioner hearing will meet this requirement. B. The vacation becomes effective upon recordation of the Board's resolution of approval with the Boulder County Clerk and Recorder's office. Prior to recordation, the Applicant must complete all conditions of approval. Upon completion of post approval requirements, Land Use Staff will record a copy of the Board's resolution of approval with the Boulder County Clerk and Recorder's office. C. Unless otherwise noted, the portions of the road or alley vacated will be divided down the centerline and added to the respective adjacent property. As shown in Figure B, the proposed vacated area will be divided evenly, but will not be solely down the centerline to account for various encroachment issues.

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D. Application and processing requirements for vacations are included in Article 3. In accordance with Article 3, staff referred the application to applicable referral agencies and all property owners within 1,500 feet of the subject properties. The application was heard at a public hearing before the County Planning Commission and is currently up for review before the Board of County Commissioners. Public testimony was taken at Planning Commissioner and will be taken at the Board of County Commissioner hearing. E. Following approval or conditional approval of a vacation, the Applicant shall submit to the Land Use Department all necessary documents required by the conditional approval showing compliance with the conditional approval. The Applicants shall comply with all conditions of approval prior to recordation of a resolution approving the vacation. F. The Land Use Department staff shall record the Commissioner's resolution of approval with the Clerk and Recorder's office within 45 days of the Commissioners' approval unless otherwise specified. Staff recognizes that the Applicants are pursuing both a vacation request and a subdivision exemption request as part of combined application review, and recognizes the need of completing the requirements for each concurrently. Consequently, in addition to the standard post approval requirements for a vacation, the Applicants must provide an updated deed, should these applications be approved. Therefore staff recommends extending the timeline for completion of the vacation and suggests allowing the Applicant one year (standard timeframe for a subdivision exemption) to complete the post approval requirements of both the vacation and Subdivision Exemption. Staff has included this recordation requirement into the proposed conditions of approval. Article 10-101 of the Boulder County Land Use Code sets the standards for Vacations of Public Roads, Alleys, and Easements in the Eldora Townsite. Staff has reviewed this proposal per these criteria and has found that: A. The vacations requested are part of the mapped Townsite of Eldora recognized in Section 4806.A.1 of the Land Use Code. B. The purpose of this section is to provide opportunities for property owners to come into compliance with County regulations, as specifically discussed in the sections which follow. C. The Board shall consider the following factors as favoring a vacation request: 1. Is necessary for access or to clear title to land. The proposed vacation request would help clear the title of all the subject properties. However, a subdivision exemption is also required to fully accomplish this since an existing pump house sits on both 695 and 675 Bryan Avenue. This process is being reviewed concurrently with the vacation and is required to be approved to be able to meet this criterion. 2. Resolves long-standing structural encroachment into the rights-of-way There are structural encroachments on all the subject parcels and the proposed vacation alone will not resolve all these issues. However, the vacation request will resolve a majority of the structural encroachments including placing the primary residences of 695 Bryan Avenue and 150 7th Street on

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their respective parcels. The parcel at 675 Bryan Avenue currently has a non-structural deck and well which encroach into the right-of-way for Bryan Avenue. This vacation would place the deck and well on the respective parcel. Therefore, staff finds this criterion can be met. 3. Allows the Applicant to apply for a compliant onsite wastewater system and/or well to serve an existing development if there is no reasonable alternative. The property located at 150 S. 7th Street presents several challenges including wetlands north of the existing residence and limited access to the east of the residence. The residence is currently serviced by an outhouse and failed vault system. Since the vault system has failed, it is not able to be properly used and therefore, the residence has continued to utilize the existing outhouse. Per discussions with a profession septic engineer, Boulder County Public Health and the Boulder County Transportation Department, it was determined that the only suitable location for an onsite wastewater system was west of the existing residence, within the 7th Street right-of-way. Staff considered requiring the onsite wastewater system to be located in an alternative area on the southeastern portion of the property. However, due to the location of the existing residence, the system could not be serviced unless the property owner of 675 Bryan Avenue granted an access easement. Instead, staff determined that the recommended location was a reasonable, viable option. No other suitable alternative location was identified through staff’s review. 4. Facilitates Road and Rights-of-way exchange. This request does not facilitate a road or right-of-way exchange. 5. Creates an opportunity to provide for development that is more consistent with the Comprehensive Plan and Land Use Code. The Comprehensive Plan identifies this area as containing Riparian Area, Significant Natural Community, Roadside Open Corridor and Streamside Open Corridor along with a Conceptual Trail Corridor. Staff did not identify any concerns with regards to the above-mentioned natural areas for the vacation of portions of Bryan Avenue and the undeveloped alley and therefore finds this criterion can be met for that part of the request. However, staff did find that the request for a 100-foot by 25-foot vacation of 7th Street is not supportable. The vacation request partially encroaches into an area identified as a riparian vegetation corridor associated with Middle Boulder Creek and an aspen community. This resource is one of the most important wildlife habitat types in the mountains. Staff recommends that only half of the requested 7th Street right-of-way be vacated, approximately 50 feet by 25 feet. The recommended portion of the vacation would allow the existing encroachments to be corrected, and for the development of an onsite wastewater system. By not vacating the northern half of the existing 7th Street right-of-way , the existing natural communities would be able to remain public and protected. D. The Board shall consider the following factors as disfavoring a vacation request: 1. Facilitates new development contrary to the Comprehensive Plan or Land Use Code. As conditioned under Criterion C.5 above, staff finds the vacation request will not facilitate development contrary to either the Comprehensive Plan or the Land Use Code. However to ensure that the Code can be applied over time to the properties, the property boundaries and legal descriptions of the properties Applicants need to be updated to reflect the area gained though the

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vacation process. Thus, as a condition of approval, staff recommends that prior to the recordation of the Resolution effectuating this approval, the Applicants shall provide for staff review and approval new deeds for 675 and 695 Bryan Avenue and 150 S. 7th Street to reflect the new parcel boundaries. Once approved, these deeds shall be recorded. 2. Facilitates new development that has a negative impact on historic, archaeological, cultural, scenic, or environmental resources such as wetlands, riparian areas, and plant or wildlife habitat. As noted above, staff is recommending that only half of the requested 7th Street vacation be vacated. This would prevent any future development on the identified natural areas and wildlife habitat. There is currently an illegally-existing enclosed porch on 150 S. 7th Street. The porch was enclosed without building permits and does not meet current setbacks. However, after this vacation, the enclosed porch could meet the required 25 foot setbacks and the property owner would be required to pull the necessary building permit prior to the recordation of any deeds to ensure this issue is corrected. Staff does not find that this enclosed porch causes a negative impact on the historic, archaeological or cultural scenic area since it is within the historically existing footprint of the residence and since the existing residence does not have historical significance. Staff did not find that the enclosing of the porch changed the surrounding character of the area. There are currently two sheds on the other two subject parcels. One shed, located on 695 Bryan Avenue was built a few years ago, without permits, and does not meet the required zoning setbacks. Since the subject parcel is only 50 feet wide, and the required setbacks are 25 feet, no structure may be built without a variance and building permit. Therefore, prior to the recordation of any deeds, the property owner must seek and have approved a variance or remove the shed. The other shed, located on 675 Bryan Avenue, appears to have been built prior to the zoning requirements. However, it was moved recently during the installation of the onsite wastewater system. Since it was moved, it does not qualify as nonconforming under the Code. This property shares the same limitations as 695 Bryan Avenue. It is only 50 feet wide and has a side-yard setback requirement of twenty five feet. 3. Facilitates unsafe development in a natural hazard area. The entire Eldora Townsite is located in what is known as the wildland-urban interface, which is identified as Wildfire Zone 1 in the Boulder County Building Code. This means the County’s ignition-resistant construction and defensible space requirements apply to any new construction. Any right-of-way vacations would have the potential of increasing the parcel size of each parcel involved, which could create additional development potential. As related above, the additional land gained through this proposal will not be developable, but rather used to bring all the subject parcels closer to compliance with Land Use standards, including building setbacks. Therefore, staff does not view this as increasing development potential but allowing the existing development to function in a better manner. 4. Prevents access to County-owned lands. The requested vacation would not prevent access to County-owned lands. E. The Board shall not approve a vacation within the Eldora Townsite if: 1. The vacation will leave any adjoining land without access to an established public road. Colorado State Statute 43-2-303(2)(a). The vacation will not leave parcels without access to an established public road.

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2. There is a current or foreseeable public need for the property. The evaluation of whether there is a current or foreseeable public need for the property should be made with reference to the stated purpose of preserving the rural and historic character and environmental resources of the Eldora Townsite. There are no plans to develop the subject alleyway or subject sections of Bryan Avenue and 7th Street. However, the northern half of 7th Steet requested for vacation has been found to have significant environmental resources as described above. Therefore, to continue to preserve the environmental integrity of the area, staff recommends that only the minimum amount, approximately the southern 50 feet by 25 feet adjacent to 150 S. 7th Street be vacated to correct the encroachment issues and to allow for an onsite wastewater system at 150 S. 7th Street. 3. The rights-of-way have been identified as facilitating access to Middle Boulder Creek, public lands or private properties, and are among the following rights-of-way: None of the rights-of-way listed in this criterion are involved in this application. 4. The rights-of-way are necessary for the ongoing maintenance of existing accepted roads. The rights-of-way in this application are not necessary for ongoing maintenance of existing accepted roads. F. In any vacation approval, the Board may impose reasonable terms and conditions to address the purpose and factors stated in Subsections B. through E. above, including but not necessarily limited to preserving a public interest in the vacated land through reservation or grant for utilities, access, or other legitimate purposes; specifying how title to the vacated area is to vest in accordance with Part 3 of Article 2, Title 43, C.R.S., as amended; approving partial vacations, or the vacation of less area than proposed in a vacation request; and limiting use of the vacated area for setback, building, fencing, or other land development or land use purposes. No additional rights-of-way will be maintained by the Transportation Department as a result of any action on a vacation request under this Section 10-101. As discussed above, staff recommends retaining the northern half of the requested 7th Street right-ofway. SUBDIVISION EXEMPTION: Section 9-102(A) of the Boulder County Land Use Code sets general criteria for Subdivision Exemptions. Staff has reviewed these criteria and finds the following: 1. Any new parcel created shall not increase the degree of nonconformity of an existing structure. As related above, this combined docket will bring the property into greater compliance with the Forestry zone district and eliminate all of the existing encroachments that are associated with 675 and 695 Bryan Avenue. No new nonconformity or increase in the degree of an existing non-conformity will result. 2. No exemption shall be approved if development will occur on a topographic or geologic hazard. Per the Comprehensive Plan, the property is located within a Moderate Constraint Area where geologic conditions are such that moderate geotechnical problems exist and there is provisional risk related to intensive land uses. The development that exists on these properties are sited on flat properties and away from any hillsides and steep slopes where the identified constraints might originate. Staff recognizes that the residences have existed on these properties since the early 1900’s

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and that no imminent hazard resulting from the topography and geology was identified on site, therefore this criterion is found to be met. 3. No exemption shall be approved by the Board within a Floodplain Overlay District, unless it is determined by the County Engineer that all proposed uses are capable of receiving a floodplain development permit. The subject parcels are not within the Floodplain Overlay District and do not require floodplain development permits. 4. All proposals for the development of parcels created shall conform to the provisions of Article 7 of the Land Use Code, including but not necessarily limited to access. The property at 675 Bryan Avenue currently has space for on-site parking off of Bryan Avenue and 695 Bryan Avenue has space for on-site parking off of 7th Street. No concerns were identified by staff or referral agencies regarding the existing parking and the proposed boundary line adjustment would not affect the existing parking configuration. Both of these properties have on-site waste water systems. However, only the system at 695 Bryan Avenue is in good working order. Per the Applicant, the system at 675 Bryan Avenue is not functioning optimally. Public Health is aware of this issue, but currently has not expressed any concerns based on the systems current condition and has expressed it will be the property owners responsibility to repair the system when it does fail. 5. Proposed parcel boundaries and development shall be suitably located and sized with respect to the physical characteristics of the land, the character of the neighborhood, and the County’s goals of preserving agricultural and forestry lands. Staff finds the boundaries of the proposed parcels to be suitably sized and located with respect to both the physical characteristics the land and the character of the Eldora Townsite. 675 and 695 Bryan Avenue are both currently 0.11 acres in size. As parcels within Eldora range in size from roughly 0.10 acres to over 2 acres, the resulting 0.135 and .148 acre parcels after the vacation request will remain in character with the Townsite. 6. Proposed subdivisions involving subdivided land shall go through an exemption plat process if applicable under Section 9-200, below, or subdivision review pursuant to the Subdivision Regulations of Article 5 of this Code. The subject parcels are not located within an approved County subdivision; consequently, neither an exemption plat process, nor a subdivision review is required. 7. The proposal shall be in accordance with the Comprehensive Plan, any applicable intergovernmental agreement affecting land use or development, and this Code. The subject parcels hold the following Comprehensive Plan designations: Open Corridor, Roadside; Archeologically Sensitive Travel Route, Eldora Environmental Protection Area and Significant Natural Communities. The Significant Natural Community in this area is associated with wetlands. No development is proposed as part of this application, so no concerns relative to this Natural Community or other Comprehensive Plan designations have been raised through this review. As conditioned, this combined docket will effectively allow the existing structures to be compliant with standard Land Use and Building Codes and allow them to be maintained in the future.

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As related in the vacation criteria analysis above (Article 10-101.C.5), this combined docket will effectively allow the existing historic structures to be more compliant with standard Land Use and Building Codes and allow them to be maintained in the future. PLANNING COMMISSION This application was presented to the Boulder County Planning Commission at a public hearing held on December 16, 2015. Planning Commission heard a presentation from staff and afforded the Applicants the opportunity to comment and raise any questions concerning staff’s recommendation and the associated conditions of approval. The Applicants introduced themselves, and gave a presentation describing the full extent their proposal and stated that they were happy with staff’s recommendation. An adjacent property owner did speak against the vacation stating that it was not necessary to accommodate an on-site waste water system and that a system could be placed in the public right-of-way without the vacation. Staff did reiterate that this was addressed with the Transportation Department, and was not looked favorably upon, especially since the vacation was an option. The Commissioners then deliberated. Commissioner Blaugrund found that the proposal could not be supported based on concerns addressed by the adjacent property owner. However, the rest of the Board found the proposal to fit the criteria of the code and Commissioner Shanks made a motion. Commissioner Shanks recommended that Planning Commission endorse staff’s recommendation with the five stated conditions, and Commissioner Hilton seconded this motion. Consequently, by a vote of five (5) in favor and one (1) against, Planning Commission recommends to the Board of County Commissioners that the vacation portion of this docket be CONDITIONALLY APPROVED. Staff notes that Planning Commission did not consider the Subdivision Exemption portion of the application as Subdivision Exemption applications are only heard and decided upon buy the Board of County Commissioners. RECOMMENDATION The Land Use staff finds that this application can meet the criteria for a Vacation and therefore recommends that the Planning Commission recommend that the Board of County Commissioners Conditionally Approve Docket V-15-0002/ SE-15-0005: Sheets, McDonald, Sutter and Rothschild Vacation and Subdivision Exemption with the following conditions: 1) The Applicants shall comply with all applicable post-approval requirements for a subdivision exemption (regarding taxes, title report, deeds, and the like) as listed in Article 3-206(C) of the Land Use Code, and also including Article 9-300 of the Land Use Code (which sets a one-year deadline for completing such requirements). 2) The Applicants shall meet all the post approval requirements within one year after

the date of the Board of County Commissioners’ resolution approving this vacation as well as the associated subdivision exemption (concurrently). This resolution and associated documents shall also be recorded by Land Use Staff with the County Clerk and Recorder’s Office within this one-year time-frame. This vacation approval shall not be considered final or effective until this recordation occurs, and recordation shall not occur unless the associated subdivision exemption (SE-14-0013) is also completed. Finally, this vacation approval shall expire if recordation does not occur within the required one-year timeframe (unless an extension is granted). 3) Prior to the recordation of the Resolution effectuating this approval, the Applicants shall establish a utility easement over the vacated alleyway area not encumbered by a structure (residence or garage) in order to satisfy the easement requirements of Xcel Energy and ensure that future utility needs can be met. This easement shall be reviewed and approved

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4)

5) 6) 7)

by both Land Use and Xcel Energy before it is recorded with the County Clerk and Recorder’s Office. Prior to the recordation of the Resolution and deeds, the existing sauna on 675 Bryan Avenue and the existing shed on 695 Bryan Avenue shall either be removed or have variances obtained and building permits issued if needed. Prior to the recordation of the Resolution and deeds, the unpermitted enclosed porch as 150 S 7th St. shall obtain a building permit. Applicants The Applicants shall be subject to the terms, conditions and commitments of record and in the file for Docket V-15-0002/ SE-15-0005: Sheets, McDonald, Sutter and Rothschild Vacation and Subdivision Exemption.

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SKINNER

Land Use PreApplication Map: Aerial 150 S 7th, 675 Bryan Ave and 695 Bryan Ave

Legend Subject Property Parcels

N

0

Area of Detail

150 S. 7th St.

40 Feet

695 Bryan Ave. 675 Bryan Ave.

Date: 6/10/2015

The user agrees to all Terms of Use set forth by Boulder County. For Terms of Use, please visit: www.bouldercounty.org/mapdisclaimer

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Land Use PreApplication Map: Aerial 150 S 7th, 675 Bryan Ave and 695 Bryan Ave

Legend Subject Property Parcels Major Perennial Stream EATON PL

CARIB O HUR O

E

6T H

EL DORADO AVE

N AV

U RD

ST

7T H ST

9TH ST

8TH ST

KLONDYKE AVE

Middle Boulder Creek

N

0

Area of Detail

500 Feet

Date: 6/10/2015

The user agrees to all Terms of Use set forth by Boulder County. For Terms of Use, please visit: www.bouldercounty.org/mapdisclaimer

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al¡

Boulder County

Trans portati0n Department

2525 13th Street, Suìte 203 . Boulder, Colorado 80304 . Tel:303 441 3900 . Fax: 303 441 4554 Mailing Address: P O. Box471 . Boulder, Colorado 80306 . www.bouldercounty.org

24,2015

June

To:

Michelle Hoshide, Planner I, Land Use Department

From:

Jennifer Valentine, Development Review Planner

Subject:

Docket # V-15-0002: Sheets, McDonald, Sutter and Rothschild Vacation

The Transportation Deparlment has reviewed the above referenced docket and has the following comments: 1

.

The Transportation Depaftrnent supports the vacation of the following rights-of-way or porlions of rights-of-way and the relinqLrishment of whatever rights we have to those rights-

of-way:

a. b.

c.

A I l2 foot by 25 foot portion

of the 7'r' Street right-of-way west

of

150 S. 7'r' Street.

A 50 foot by 25 foot portion of the Bryan Avenue right-of-way south of 695 Bryan Avenue.

soutl-r of 675 Bryan Avenue between the parcel and the as-built road. The existing alley right-of-way to the north of lots 7J , 18, I 9 and 20, and to the south of lots 14, 15,16 and the 7'r' Street right-of-way. These lights-of-way or portions of rights-of-way are uot used for existing access and do not preclude any parcels frorn legal access. No road improvernents in the sr,rbject rights-of-way have been constructed; ltor are there plans in the foreseeable future to do so. The subject rights-of-way were not proposed or identifred for retention by County Staff or Members of the Public during the 2009 Eldora Study of the Platted Roads, Alleys, and

A porliorr of the Bryan Avenue right-of-way

d.

2. 3.

4. 5.

Rights-of-Way. Transportation Staff has noted several non-confonnities that will not be resolved through the proposed vacation, including: a. The parking area for the Sutter property is located partially on the properly to the

b.

east.

The existing covered deck on the southern edge ofthe Sutter property is located partially in the Bryan Avenue right-of-way. The existing fence on the northwestern edge of the McDonald property is located partially in the 7'h Street right-of-way. These ploperty owners rnay be required to rectify the above-mentioned non-conformities during a future Land Use process, such as a Site Plan Review.

c.

This concludes our comments at this tirne

Cindy Domeni co

CaLt

r)ty Cotrt¡tssia¡tcr

Deb Gardner

Cot.i t )!y Co

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