| 6/2/2021 |
Clark County Zoning Commission
| Approved
Agenda note: SUBJECT MATTER: In the matter of the aforementioned described application of Donn I. & Mary E. Blake Rev Tr & Stephen Fleming Nevada Trust (Stephen Fleming) for waivers of conditions (as indicated on the ATTACHED agenda item):
REPRESENTATIVE(S): Present
DISCUSSION: Following introduction of the item, the Board was addressed by Stephen Fleming, the applicant, who advised that the watchman’s manufactured home was part of the Goodsprings historic walking tour; the structure and the adjacent tree were the Goodsprings Town Board logo for many years; the cracks between the boards inside the structure were filled with Goodsprings Gazettes from 1916 and 1917; the applicant had submitted a notarized application for a partial vacation and was informed that a partial vacation was not an option; staff advised the applicant that a full vacation would be supported by staff, which would add a quarter acre to the applicant’s property; the applicant then advised that vacating the whole area would vacate a historic street that existed prior to Clark County, and the street was the access to the neighbor’s house on the opposite side of Vegas Street; and consequently the applicant was prepared to relinquish the quarter acre of land to preserve the historic value.
Staff advised that the applicant spoke about vacating a portion of the right-of-way where the structure and tree were located; the right-of-way was skewed in that area so staff recommended that the applicant vacate all of the right-of-way, all of Vegas Street, and staff would provide assistance to proceed with the process; eliminating the public right-of-way would revert the properties back to the owners so the owner’s rights would be retained, and the structures would then be located on private property; and if the Board approved the waiver to not remove the structure, staff requested that the Board impose the condition that the applicant enter into a license and maintenance agreement for any nonstandard improvements in the right-of-way
Staff further advised that the license and maintenance agreement was an agreement between the owner and the County that the owner would accept liability for having a structure in the County’s right-of-way, so that if something happened, such as an injury or accident, the liability was with the property owner and the County was not the one taking responsibility; and with the agreement a cash bond would be posted, which the County retains, in the event that the County needed to remove the structure.
Discussion followed regarding the applicant’s three options including to obtain a full vacation of Vegas Street so the right-of-way was no longer public and the records would be corrected, or agree to the two waivers of conditions to remove the landscaping and all structures from the site and within the right-of-way, or agree to the license and maintenance agreement.
Legal Counsel advised that a condition may be added for the applicant to be given a certain time frame to either enter into a license and maintenance agreement as stated by staff, or to file an application for vacation and abandonment for the entire street, and diligently pursue that vacation and abandonment within a certain time period as appropriate.
The applicant declined to accept the condition as stated by Legal Counsel.
It was moved by Commissioner Justin Jones that waiver No. 1 be approved, and waiver No. 2 be denied, subject to staff’s conditions.
The applicant advised of wanting to follow Legal Counsel and staff’s recommendation to obtain a vacation of the entire road (Vegas Street). | Pass |
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