Planning commission approves abandonment of spur road to three adjacent property owners; staff, neighbors raise easement concerns

The Washoe County Planning Commission on Jan. 7 approved abandonment case WAB24-009, authorizing the county to abandon its interest in a 17,061-square-foot portion of a county-owned parcel and transfer that roadway interest to three adjoining property owners.

The change affects a 4.789-acre parcel that contains the spur road; the area proposed for abandonment will become private access maintained by the property owners. Julie Olander, planner for Washoe County, said the applicants are again pursuing essentially the same abandonment that previously was before the commission in January 2022 but expired before recording.

The request covers access used to serve three parcels off the spur road. Olander said the map includes language describing a “30-foot access and PUE for the exclusive use of lots 706, 707, and 708,” and staff concluded that phrasing limits the abandonment to those three lots. She said the notice for the current application was mailed to abutting properties as required by county code and that utilities and trail access would remain (Julie Olander, Planner).

Katherine Reichenberg, speaking for the Webster Family Trust — owners of property adjacent to the spur road — told the commission the Websters do not object to the abandonment but asked that the Websters’ long-standing use of the roadway be recognized and preserved because they have used the road for about 35 years. “They have established their rights to the use of this property. They do have a prescriptive easement,” Reichenberg said, and she emphasized that the road is used by emergency vehicles.

Applicant Rebecca Jennings told the commission the abandonment had been approved previously with conditions but lapsed before recording. “There were no objections to this abandonment at that time,” Jennings said, and she argued the public would not be materially injured by the abandonment because adjacent trail access remains.

Commissioner Dan Lazareczynski moved to approve the abandonment after giving due consideration to the staff report and public hearing testimony, making the findings required by Washoe County Code section 110.806.20, and adopting the conditions listed in Exhibit A. Commissioner Kate Nelson seconded. The motion passed unanimously.

Under the approved conditions, the roadway will be maintained by the property owners and an access easement for Washoe County and the Collin Ranch Homeowners Association will remain so the HOA can continue to reach open space and trail areas. Staff told the commission public access to the general trail system will continue via the Steamboat Ditch Trail.

The commission record shows the applicants on the motion as Aaron and Rachel Jennings, Nicole Levy, J. Sip Selnick and Eric Launice; the conditions are listed in Exhibit A of the staff report. The commission also noted prior negotiations between the parties seeking to document private easement rights outside this proceeding.

The commission’s decision is subject to the county’s appeal procedures under Washoe County Code; an aggrieved party may appeal in writing within 10 calendar days after the decision is reduced to writing and filed with the planning commission secretary.

Votes at a glance: Motion to approve abandonment WAB24-009 — mover: Commissioner Dan Lazareczynski; second: Commissioner Kate Nelson; outcome: approved (unanimous).