Title
Ordinance No. 22-91 vacating a portion of public right-of-way known as Chelton Road consisting of 6,904 square feet (.16 acres)
(Legislative)
Presenter:
William Gray, Senior Planner, Planning and Community Development Department
Peter Wysocki, Planning Director, Planning and Community Development Department
Body
Summary:
Applicant: Gwen Afton
Representatives: Allesi and Associates, Inc., and Mountain Peaks Realty
Location: Chelton Road east of 3231, 3233, and 3235 Austin Drive
The owner of Lot 28, Block 4, Highland Hills Subdivision No. 2 (aka 3233 Austin Drive), Gwen Afton, has requested the vacation of a portion of Chelton Road lying adjacent Lots 27, 28, and 29, Highland Hills Subdivision No. 2 to cure an encroachment of a wood fence that was constructed onto undeveloped Chelton Road right-of-way by the owner.
Background:
The Applicant has proposed the vacation of a portion of Chelton Road right-of-way to cure the encroachment of a wood fence that they constructed within the right-of-way adjacent to the east property line of Lot 28, Block 4, Highland Hills Subdivision (see "Project Statement" and "Vacation Plat" attachment).
In the Fall of 2019, the Applicant constructed a new fence beyond their property line and onto undeveloped Chelton Road right-of-way. They may have done this because they also maintained this area to some degree as the adjacent property owner. Chelton Road is a dedicated public right-of-way pursuant to the final plat of Highland Hills Subdivision Filing No. 2 (recorded at Reception No. 284229, Office of the El Paso County Clerk and Recorder, August 9, 1962). A complaint in the Summer of 2020 led to the identification of this encroachment and led to enforcement steps being taken by the city requiring them to correct the problem. Following notice of this violation, the Applicant was provided alternatives to correct the problem. The options included (1) remove the fence; (2) relocate fence to the east property lin...
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