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Commission recommends denial of right-of-way vacation after resident and utility-access concerns
Summary
Commissioners voted to recommend denial of Kyle Weber's request to vacate a 50-foot right-of-way after neighbors raised concerns about losing backyard access and potential impacts on utility-pole maintenance; staff and applicant discussed BLM and easement history.
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The Planning Commission recommended denial of ROWVAC25-009, an application from Kyle Weber to vacate an unimproved 50-foot right-of-way adjacent to APN 00609J023 near the City of Elko. Staff described the request and said the right-of-way is not improved and would revert to the adjacent parcel if vacated; staff also noted a letter from the City of Elko that raised no objection but reminded the owners that annexation would require infrastructure improvements.
Public commenters and nearby property owners raised concerns about losing practical backyard access and about whether utilities (including power poles) could still be maintained if the vacation proceeds. Diane Canal, a property owner who said her backyard abuts the easement, told the commission she did not want to lose access: "I would not like to lose easement to my backyard after going to the expense of putting in a gate and everything where the property that's they wanna exchange for, there's nothing there." Commissioner discussion focused on whether vacating could landlock parcels or remove necessary access to poles, and on a significant drainage wash that limits through access. Staff noted that the pole line likely has its own easement and that utility-company responses are a step in the process; NV Energy had not responded by the hearing.
After deliberation a commissioner moved to recommend denial of the right-of-way vacation to the Board of County Commissioners citing concerns about utility access; the motion was seconded and carried by voice vote. Commissioners noted the applicant can return with a narrower vacation or provide additional documentation from utilities as part of a future application.
