Sam Walker, Planner II, presented the application for Nicholas Kostecki and Amanda Keil, Request to vacate a portion of the Riverside Drive right-of-way to eliminate a structural encroachment into the existing right-of-way boundary. The proposal is in the Forestry zoning district at 468 Riverside Drive, approximately .5 miles west of the easternmost intersection of Riverside Drive and SH7, in Section 34, Township 3N, Range 72W.
PUBLIC HEARING OPENED
SPEAKERS: None
PUBLIC HEARING CLOSED
MOTION: Chris Whitney MOVED that the Boulder County Planning Commission CONDITIONALLY APPROVE and recommend to the Board of County Commissioners CONDITIONAL APPROVAL of Docket V-24-0001: Kostecki-Keil Right-of-Way Vacation with the 4 conditions stated in the staff recommendation.
CONDITIONS OF APPROVAL:
- Only a 10-foot wide strip of the existing right-of-way is to be vacated and incorporated into
the adjacent parcel at 468 Riverside Drive, such that the new dividing line between the private
parcel and the public right-of-way matches the northern boundary of the 40-foot right- of-way
described on the Riverside Plat Block No. 5 3ʳᵈ Addition, recorded June 21, 1924 at Reception No.
90204849.
- Prior to the recordation of the Boulder County Commissioners’ Resolution, the applicants must
submit a new survey of the subject parcel’s new configuration. The survey must include the full
extent of the onsite wastewater treatment system and its setbacks to the updated parcel boundaries.
The following requirements must also be met prior to recordation of the Resolution:
- If the onsite wastewater septic system is located within 10 feet of a property line, the
applicants must notify Boulder County Public Works.
- If the onsite wastewater septic system extends beyond the updated parcel boundary and into the
right-of-way, the applicants must complete a license agreement with Boulder County Public Works.
- The applicant shall meet all the post approval requirements within one year after the date of
the Board of County Commissioners’ Resolution approving this vacation. This Resolution and
associated documents shall also be recorded by Community Planning & Permitting Staff with the
County Clerk and Recorder’s Office within this one-year timeframe. This vacation approval shall not
be considered final or effective until this recordation. Finally, this vacation approval shall
expire if recordation does not occur within the required one-year timeframe (unless an extension is
granted).
- The applicant shall be subject to the terms, conditions, and commitments of record and in the
file for docket V-24-0001: Kostecki-Keil Right-of-Way Vacation.
SECOND: George Gerstle
VOTE: Motion PASSED {6:0}