1803 Mapleton Long Term Lease · Boulder Politics

Regular Meeting, April 16, 2026 · item 3E: Consideration of a motion to authorize the City Manager to approve a 20-year right-of-way lease for a building encroachment located at 1803 … · 8 pages

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City of Boulder City Council Agenda Item Meeting Date: April 16, 2026 Agenda Title Consideration of a motion to authorize the City Manager to approve a 20-year right-ofway lease for a building encroachment located at 1803 Mapleton Ave. (REV202500015)

Staff Contact • •

Julie DeFoe City Planner/Revocable Lease Administrator Brad Mueller, Planning and Development Services (P&DS) Director

Draft Motion Language Motion to authorize the City Manager to approve and execute a 20-year lease for a building encroachment located at 1803 Mapleton Ave.

Executive Summary Pursuant to Section 2-2-8, “Conveyance of City Real Property Interests,” B.R.C. 1981, City Council approval is required for lease terms that exceed three years. The purpose of this item is for City Council to authorize a 20-year lease for a right-ofway encroachment at 1803 Mapleton Ave. and permit the City Manager to execute a Revocable Lease. The encroachment is detailed in the proposed 20-year Revocable Lease (Attachment A) and Figure 2. The proposed 20-year lease is required by a building permit condition because the previous long-term lease expired on February 26, 2019. The building encroachment, a roof overhang, has existed since 1987. Considering the permanency of the encroachment, a long-term revocable lease is appropriate under the Boulder Revised Code.

Council Action Options Option

Outcome

Approve the application

If the application is approved, the City Manager will be authorized to execute the proposed long-term Revocable Lease for the roof overhang encroachment, and the current building permit condition will be met.

Approve the application with additional conditions

Council would need to draft any modifications to the draft motion language and approval based on the criteria for review.

Deny the application

If the application is denied, the applicant would not meet the condition of their building permit, and the encroachment would have to be managed under a short-term lease or be removed from the right-of-way.

Background Property Description & Site Context Any encroachment in a public right-of-way or public easement for a term of three years or greater, up to 20 years, must be approved by the City Council. The City Manager is authorized to permit encroachments within the public right-of-way or a public easement for a period of three years or less. See Section 2-2-8, “Conveyance of City Real Property Interest,” B.R.C. 1981, and the City Charter Section 111, “Terms not longer than twenty years – compensation.” The proposed 20-year Revocable Lease would cover the 16 square foot encroachment into the 18th Street public right-of-way. The encroachment, roof overhang, is permanent in nature and can be leased for a period exceeding three years only upon approval of the City Council. A copy of the proposed right-of-way lease is attached (Attachment A). The subject property is a 5,018 square foot lot located in the northeast corner of the intersection of 18th Street and Mapleton Avenue in the Whittier neighborhood (refer to Figure 1: Vicinity Map).

Figure 1: Vicinity Map of 1803 Mapleton Ave The encroachment into the 18th Street right-of-way at 1803 Mapleton Ave. (see Figure 2) appears to have been discovered during the surveying for the Winkle House PUD in 1987. Because the house was constructed in 1925, a short-term revocable lease was issued to address the existing encroachment. In 1999, a long-term revocable lease was issued for this encroachment. The expiration of the long-term lease was noticed when the current owner applied for a minor modification and building permit for improvements to the property. The approval of the proposed long-term lease will meet the requirements described in Section 8-6-3 B.R.C. 1981, and resolve the condition placed on the building permit, thereby allowing the final inspection to be conducted. The encroachment is permanent in nature, and staff recommends the approval of the longterm lease.

Figure 2: 1803 Mapleton Ave Encroachment

Application Description Application REV2025-00015 is a request for renewal of the long-term lease for the 16 square foot encroachment into the 18th Street right-of-way at 1803 Mapleton Ave.

Public Comment There are no notice requirements for this application type.

Criteria for Review Applicable Boulder Revised Code Sections Section 2-2-8, “Conveyance of City Real Property Interest,” B.R.C. 1981. City Charter Section 111, “Terms not longer than twenty years – compensation.” Section 4-20-20, “Revocable Right-of-Way Permit and Lease Fees,” B.R.C. 1981. Section 8-6-3, “Public Right-of-Way and Public Easement Encroachments Prohibited,” B.R.C. 1981. Section 8-6-6, “Requirements for Revocable Permits, Short-Term Leases and LongTerm Leases,” B.R.C. 1981.

Analysis Any lease term of three years or greater, up to twenty years, must be approved by the City Council. The City Manager is authorized to permit encroachments within the public right-of-way or a public easement for a period of three years or less. (See Section 2-2-8, “Conveyance of City Real Property Interest,” B.R.C. 1981, and the City Charter Section 111, “Terms not longer than twenty years – compensation.”) The encroachment at 1803 Mapleton Ave. is permanent in nature and can be leased for a period exceeding three years only upon approval of the City Council. Staff has determined that there will be no public need for the leased area for the duration of the lease term. Because the encroachment is permanent in nature, a long-term lease may be approved, if the following criteria are met, pursuant to Subsection 8-6-6(f), B.R.C. 1981. 1. The encroachment does not constitute a traffic or other hazard. The encroachment already exists and has been reviewed by staff, and no hazards have been identified by staff.

2. The encroachment does not destroy or impair the public’s use of the land for its intended purposes or serves a public purpose that cannot otherwise be accomplished without such minor impairment.

The encroachment has been in place since 1925 and has not impaired the public’s use of the land for its intended purposes.

3. Encroachment on a sidewalk in commercial areas maintains a minimum clearance of eight feet vertically and horizontally of unobstructed pedestrian way. The requirements of this paragraph may be modified by the City Manager if reasonable passage is provided on the sidewalk and the safety of pedestrians, bicyclists and motorists is not impaired. Not applicable.

4. A longer term use of the public property for the specific term approved will not be contrary to the public interest and ultimate use of the public right-of-way or public easement; and there will be no public need for the leased area during the lease period. As this encroachment has existed for many years, it is not anticipated that there will be a need for the leased area during the lease time frame.

5. Adequate compensation is provided to the city throughout the permit term. The 20-year Revocable Lease requires annual lease fees as specified in the attached proposed 20-year Right-of-Way Lease (Attachment A). The annual residential encroachment fee of $116.00 will be charged per Subsection 4-20-20(f) B.R.C. 1981.

Fiscal Note Review of this project is part of the P&DS team’s standard workplan, and its impacts are incorporated into the annual revenue forecasting as part of the Budget office’s annual budget development. Therefore, review of the project will not have a meaningful fiscal impact outside what has already been included in the approved budget. Current Year Estimated Fiscal Impact Fund(s): 2120FD Department(s): Planning & Development Services Program(s): All P&DS programs

Item Beginning Fund Balance Total Forecasted Revenue Total Estimated Expenses Ending Fund Balance(s) After Reserves FTE

FY 2026 Budget

FY 2026 Estimated Impact

FY 2026 Net Change

$18,200,885

$15,179,491

$17,735,173

$12,646,701

122.65

Three-Year Estimated Fiscal Impact

Item

FY 2026

FY 2027

FY 2028

Total Forecasted Revenue Total Estimated Expenses Net Estimated Impact

Findings Staff finds that the criteria of Section 8-6-6, “Requirements for Revocable Permits, Short-Term Leases and Long-Term Leases,” B.R.C. 1981, are met and recommends that City Council approve the long-term lease with the suggested motion language.

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Attachments Attachment A - Proposed 20-year Right-of-Way Lease