01.11.2018 BOZA Pacekt (FULL)
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE GIVEN BY THE CITY OF BOULDER, BOARD OF ZONING ADJUSTMENT, AT THE TIME AND PLACE SPECIFIED ABOVE. ALL PERSONS,
IN FAVOR OF OR OPPOSED TO OR IN ANY MANNER INTERESTED IN ANY OF THE FOLLOWING VARIANCES FROM THE LAND USE REGULATIONS, TITLE 9, BOULDER REVISED CODE 1981; MAY
ATTEND SUCH HEARING AND BE HEARD IF THEY SO DESIRE. (APPLICANT OR REPRESENTATIVE MUST APPEAR AT THE MEETING.)
1. CALL TO ORDER
2. BOARD HEARINGS
A. Docket No.: BOZ2017-23
Address: 5400 Spine Road
Applicant: Greg Fair
Variance for Parking/Backing Surfaces Within Landscape Setbacks: As part of a proposal to bring the site’s
parking surfaces into compliance, the applicant is requesting a variance to the front (west) landscape setback as
well as the side adjacent to street (north and south) landscape setback regulations of the BC-2 zoning
district. This would to allow for modification of two parking surfaces that would result in adequate backing
distance behind some of the proposed stalls as well as provide needed turnaround areas in both lots. The subject
north and south side yards are adjacent to Odell Place & Lookout Road respectively and require a 20-foot
landscape setback because of the adjacency rule which requires a front yard setback when an adjacent property
fronts the same street. The resulting front (west) yard setback would be approximately 17 feet 10 inches where 20
feet is required, and 20 feet exists today. The resulting north side yard setback would be approximately 14 feet 8
inches where 20 feet is required, and 21 feet exists today. The resulting south side yard setback would be
approximately 15 feet where 20 feet is required, and 25 feet exists today. Section of the Land Use Code to be
modified: Section 9-9-6, BRC 1981.
B. Docket No.: BOZ2017-24
Address: 2060 Neher Lane
Applicants: Marietta & Duncan Axisa
Variance for Setback: As part of a proposal to construct a two-story addition to the back (south side) of a
single-family house as well modify an existing roof and wall along the home’s eastern side, the applicants are
requesting a variance to the east minimum and combined interior side yard setback as well as the west combined
interior side yard setback requirements for a principal structure in the RR-1 zoning district. The resulting east
side yard setback (from the existing & modified roof & wall) will be approximately 11 feet 9 ¼ inches where 29
feet 10 ½ inches is required and 11 feet 9 ¼ inches exists today. The resulting west interior side yard setback
(from the new addition) will be approximately 19 feet where 28 feet 2 ¾ inches is required and 10 feet 1 ½ inches
exists today. Section of the Land Use Code to be modified: Section 9-7-1, BRC 1981.
3. GENERAL DISCUSSION
A. Approval of Minutes: The November 9, 2017 BOZA minutes are scheduled for approval.
B. Matters from the Board
C. Matters from the City Attorney
D. Matters from Planning and Development Services
1) Discussion with Planning and Development Services staff to provide background on City Council’s direction
on revising the regulations pertaining to Accessory Dwelling Units and generate Board discussion and
feedback to staff on the draft why/purpose statements and the list of focused code changes.
4. ADJOURNMENT
For more information call Brian Holmes or Cindy Spence at 303-441-1880 or via e-mail holmesb@bouldercolorado.gov. Board packets are available at the Boulder
Public Main Library’s Reference Desk, or at the Planning & Development Services (P&DS) reception area.
* * * SEE REVERSED SIDE FOR MEETING GUIDELINES * * *
CITY OF BOULDER
BOARD OF ZONING ADJUSTMENT
MEETING AGENDA
DATE: Thursday, January 11, 2018
TIME: Meeting to begin at 5 p.m.
PLACE: Council Chambers, 1777 Broadway, 2nd Floor
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CITY OF BOULDER
BOARD OF ZONING ADJUSTMENT
MEETING GUIDELINES
CALL TO ORDER
The board must have a quorum (three members present) before the meeting can be called to order.
AGENDA
The board may rearrange the order of the agenda or delete items for good cause. The board may not add items requiring
public notice.
ACTION ITEMS
An action item requires a motion and a vote. The general format for hearing of an action item is as follows:
1. Presentations
• Staff presentation.*
• Applicant presentation.*Any exhibits introduced into the record at this time must be provided in quantities of
seven to the Board Secretary for distribution to the board and admission into the record.
• Board questioning of staff or applicant for information only.
2. Public Hearing
Each speaker will be allowed an oral presentation.*
• Speakers should introduce themselves, giving name and address. If officially representing a group, homeowners'
association, etc., please state that for the record as well.
• Speakers are requested not to repeat items addressed by previous speakers other than to express points of
agreement or disagreement. Refrain from reading long documents, and summarize comments wherever possible.
Long documents may be submitted and will become a part of the official record. When possible, these documents
should be submitted in advance so staff and the board can review them before the meeting.
• Speakers should address the Land Use Regulation criteria and, if possible, reference the rules that the board uses
to decide a case.
• Any exhibits introduced into the record at the hearing must be provided in quantities of seven to the Board
Secretary for distribution to the board and admission into the record.
• Citizens can send a letter to Planning and Development Services staff at 1739 Broadway, Boulder, CO 80302, two
weeks before the board meeting, to be included in the Board packet. Correspondence received after this time will
be distributed at the board meeting.
3. Board Action
• Board motion. Motions may take any number of forms. With regard to a specific development proposal, the
motion generally is to either approve the project (with or without conditions), to deny it, or to continue the matter
to a date certain (generally in order to obtain additional information).
• Board discussion. This is undertaken entirely by members of the board. The applicant, members of the public or
city staff participate only if called upon by the Chairperson.
• Board action (the vote). An affirmative vote of at least three members of the board is required to pass a motion
approving any action. If the vote taken results in a tie, a vote of two to two, two to one, or one to two, the
applicant shall be automatically allowed a rehearing. A tie vote on any subsequent motion to approve or deny
shall result in defeat of the motion and denial of the application.
MATTERS FROM THE BOARD, CITY STAFF, AND CITY ATTORNEY
Any board member, Planning and Development Services staff, or the City Attorney may introduce before the board
matters, which are not included in the formal agenda.
*The Chairperson, subject to the board approval, may place a reasonable time limitation on presentations.
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5400 Spine Rd – BOZA Setback Variance Application – Written Statement December 18, 2017
Project Goals and the Gunbarrel Community Center Plan
The property owners of 5400 Spine Road seek to remodel the building, add new tenants, and upgrade the site in order to
further the new vision for the area set out in the Gunbarrel Community Center plan. The proposed redevelopment of this
industrial building to create a commercial character helps expand the retail core by adding new uses that are supported by
the BC-2 (Business Community) zoning. More community services to serve the Gunbarrel area support the Gunbarrel
Community Center plan. The three new tenants will also bring services that will draw day and evening activity to the site.
Site improvements will make the property more attractive (e.g. 13 new street trees) and improved bike and pedestrian
amenities will improve ways for people to reach the site and the neighboring property.
Summary of Variance Request
This setback variance application proposes to reduce the property’s Minimum Front Yard Setback for All Covered and
Uncovered Parking Areas along Spine Rd from 20’-0” to 17’-10” (11%) in order to provide enough distance in front of the
existing building to accommodate code compliant parking spaces, back-up distance and accessible walks. A reduction of
the Side=Front Setbacks along Odell Pl (from 20’-0” to 14’-8”) and Lookout Rd (from 20’-0” to 15’-0”) is also needed to
accommodate full turnaround spaces required by the land use code.
After the Gunbarrel Town Center’s approval in 2004, the subsequent change in zoning for the property from I-G
(Industrial-General) to BC-2 (Business Community) changed the city code parking requirement from 1:400 to 1:300. This
increased the parking required to fully occupy the 15,454 square foot building from 38.6 to 51.5 spaces. The site cannot
accommodate more than 38 spaces so the applicant has demonstrated in a recently submitted administrative parking
reduction application (ADR2017-00317) how the building, site and landscape improvements and amenities will comply
with the city’s parking reduction criteria. ECO Pass participation is proposed as part of the TDM plan submitted with the
application. To maximize the number of parking spaces, an interior parking lot landscaping variance is requested,
however additional plant material is proposed along the perimeter of the site.
Response to Criteria for Variances
(1) Physical Conditions or Disability
(A) There are unusual physical circumstances or conditions, including, without limitation, irregularity, narrowness or
shallowness of the lot, or exceptional topographical or other physical conditions peculiar to the affected property
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The existing 20 ft front setback does not allow enough distance between the existing building and the setback line
to provide the required 6 ft wide sidewalk, 15 ft compact parking space, and 24 ft backup distance. An additional
2’-2” is needed. The reduction of the setbacks along Odell Pl and Lookout Rd is required to accommodate
turnaround spaces at each end of the T-shaped front parking lot.
(B) The unusual circumstances or conditions do not exist throughout the neighborhood or zoning district in which the
property is located
This condition is unique to the subject property.
(C) Because of such physical circumstances or conditions the property cannot reasonably be developed in conformity
with the provisions of this chapter
Due to the condition described in (1)(A) above it is not possible for the building’s owners to provide enough
parking on site to fully occupy the building with uses allowed in the BC-2 zone.
(D) Any unnecessary hardship has not been created by the applicant
No unnecessary hardship was created by the applicant. The current owners purchased the property in its existing
configuration and after the zone was changed to BC-2.
(5) Requirements for All Variance Approvals
(A) Would not alter the essential character of the neighborhood or district in which the lot is located
The proposed setback reduction and associated shift of the existing parking lot curb of 2’-2” closer to Spine Rd
and the addition of turnaround spaces extending to within 14’-8” and 15’-0” of the property lines adjacent to Odell
Pl and Lookout Rd, respectively, would not alter the essential character of the neighborhood. The requested
variance will be used to slightly enlarge an already existing parking lot in order to make it code compliant.
(B) Would not substantially or permanently impair the reasonable use and enjoyment or development of adjacent
property
Enlarging the existing parking lot will have no negative effect on any adjacent properties. Further, the proposed
site improvements, including added parking lot landscaping, will make the property more attractive. Attached to
this written statement are several letters of support from adjacent businesses.
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(C) Would be the minimum variance that would afford relief and would be the least modification of the applicable
provisions of this title
The proposed 2’-2” setback reduction and shift of the parking lot curb towards Spine Rd is the minimum required
to allow compliant sidewalks, parking spaces, and back-up distance in front of the building. The 5’-4” and 5’-0”
setback reductions along Odell Pl and Lookout Rd, respectively, are the minimum required to provide a sufficient
amount of compliant parking spaces between setback lines to reach the total number of spaces required (after a
25% reduction) to allow full occupancy of the building.
(D) Would not conflict with the provisions of section 9-9-17, “Solar Access,” B.R.C. 1981
The proposed setback reductions related to parking requirements will not affect the solar access of any adjacent
properties.
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