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in having the courts decide that the county has no interest. If the right-of-way <br />is not abandoned and the courts uphold the county's interest, the applicants <br />would remain in the same situation they are now in, with a narrow building <br />envelope and an existing residence located close to an existing lot line. <br />2. Deny the request but designate this right-of-way segment as a "limited use <br />right-of-way" which would preclude the county from road construction but <br />preserve the right-of-way for pedestrian. drainage, and utility uses. The <br />applicant would benefit from the 1281h Court frontage going from a frontyard <br />setback of 20' to a sideyard setback of 10' with the width of the building <br />envelope expanding from 30' to 40'. However. the existing residence would <br />still be located within a required sideyard setback area. <br />Abandon the subject right-of-way and retain easements for drainage and river <br />access. The abandonment would give -up the county's rights to construct a <br />road within the right-of-way, but would allow the county to retain certain <br />other rights. The abandonment would help achieve the applicants stated <br />purpose by allowing the applicants to build up to the current lot line. The <br />applicant, however, has expressed objections to having easements run along <br />side the existing residence. <br />4. Abandon the right-of-way and retain no easement. Any such abandonment <br />would give -up all county rights, for any purpose, within the right-of-way area <br />and would maximize the applicants' buildable area. <br />In staffs opinion, the Board should choose alternative 1, deny the request, and retain the county's <br />rights to the right-of-way segment in order to preserve any historical and potential future river access <br />and resource for the public as well as the potential for future drainage use. <br />RECOMMENDATION: <br />Based on the analysis. staff recommends that the Board of County Commissioners not abandon its <br />rights to the subject right-of-way and not approve the attached resolution. <br />ATTACHMENTS: <br />1. <br />Application <br />2. <br />Location Map <br />3. <br />Sketch of Survey <br />4. <br />Public Works Memo <br />5. <br />Letter from Property Owners <br />6. <br />Townsite of Roseland Plat <br />7. <br />Resolution <br />August 1, 2000 <br />Hinman Rive ca I AWOveo I , Date II <br />44 <br />Legal 1: �� 17 I <br />9uagel,V 1 , -70--S& <br />� <br />N1 gr. , <br />BK 1 14 PG 3'8 4 <br />0 0 <br />