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Larimer County approves partial vacation of utility/drainage easement at Hog Hollow Lane
Summary
The Board of County Commissioners approved a revised, partial vacation of a 10-foot utility and drainage easement along the north property line of 4319 Hog Hollow Lane to allow an existing detached garage to remain, while preserving easement width for potential future drainage needs.
The Larimer County Board of County Commissioners on July 28 approved a revised, partial vacation of a 10-foot-wide utility and drainage easement at 4319 Hog Hollow Lane so an existing detached garage may remain. The board voted 3-0 to approve the request as revised to comply with referral-agency (engineering) recommendations.
The proposal, filed as Marshall Easement Vacation (File No. 25-LAND-4485), would vacate the portion of the easement that encroaches on the garage while retaining an easement buffer intended to preserve future stormwater conveyance options, county planning staff and engineering said. Planning manager Jenny Axmaker summarized the application and the staff recommendation to deny the full vacation because the county engineering department had concerns about removing the entire drainage easement.
Tracy Chambeau of the county engineering division told commissioners the 10-foot drainage easement was dedicated during a 1997 replat and that detailed drainage records for the area are limited. “Since we don't have a lot of detailed information on the stormwater conveyances in that area, it would be best to preserve as much of that drainage easement as we can,” Chambeau said, recommending a partial vacation that would allow the garage to remain but leave space for potential future conveyance.
Applicants Sharon and Lanny Marshall told the board they have lived on the property for 27 years and that the garage and house were moved onto the lot during past work; Sharon Marshall said the area behind the garage is an empty field and they have never experienced drainage problems. The applicant asked the board to vacate the portion of easement encroached by the structure.
Commissioners discussed engineering’s conservatively worded recommendation and whether a partial vacation could be structured so the owner would not need to dismantle the building. Commissioner John Kefalas moved to approve the easement vacation “as revised to comply with the referral agency recommendations,” with conditions addressing as-built permits and inspections for the two garages identified by county code compliance research. The motion passed 3-0.
The board’s action leaves a reduced easement in place along the property’s northern line while authorizing the county chair to sign the findings and any related documents. County staff said the partial vacation is intended to balance the property owner's interest in keeping an existing building in place with the county engineering department’s interest in preserving potential space for drainage infrastructure.
The decision resolves the Marshall application for the current configuration; staff noted the applicants may need additional approvals if future site work or new structures are proposed.
