Planning Commission Minutes 2005 02 10

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APPROVED – MARCH 10, 2005  Another issue is the potential for a quiet title action on the property in question. The quiet title issue is not directly related to the policy considerations on the table with the right of way vacation request, but is provided as additional background information.  If approved by Planning Commission then it go before the City Council as an Ordinance and not a Resolution. Commission Questions: Deborski inquired about the alley to the east and the fact that it did appear to be a full width alley. Applicant, Rick Lucky, 101 W. Spruce St., replied that it is 10 feet wide. Deborski continued with questions regarding the location of a ditch on the north side of the property. Lucky stated there is no ditch located on the property. Staff noted that the ditch in question is actually further north and west of this property. McAvinew no questions. Lipton asked if condition #2 is the best way to handle the conveyance of that piece of property. Johnstone stated that City Staff and the applicant would be working with the City’s attorney to best determine how to handle that conveyance. Pritchard no questions. Loo no questions. Sheets no questions. Applicant Presentation: Lucky had no additional information and thanked Johnstone for the completeness of the staff report. Members of the Public: None heard. Staff and Applicant Summary and Recommendation: No additional information. Commission Questions: Deborski asked for a clarification of the reason behind the ROW request. Johnstone reviewed the ROW vacation request. Deborski asked if other properties would be coming forward with similar requests. Johnstone stated the property immediately west is still in unincorporated Boulder County, and historically had the same road reservation. Sheets requested a clarification of the error and how it could have occurred. 5