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HomeMy WebLinkAboutLandmarks Board - Meeting Handouts - 10/4/2006 CITY OF BOULDER, COLORADO / M Office of the City Attorney ` Municipal Building 1777 Broadway ! Post Office Box 791 Boulder. Colorado 80306 + Telephone (303) 441-3020 Facsimile (303) 441.3859 , MEMORANDUM TO: Landmarks Board FROM: David Gehr, Assistant City Attorney SUBJECT: Roles and Responsibilities of the Planning Board DATE: September 28, 2006 I have been asked to spend a few minutes with you at your October 4, 2006 meeting to discuss the roles and responsibilities of the Planning Board. The purpose of this discussion is to help the Landmarks Board in its preparations for an upcoming joint meeting with the Planning Boards scheduled for late October. As recycling is always encouraged in Boulder, I have attached some material that I used as part of a Planning Board Training Session that I did in 2004 for your information. At the meeting, I will provide a brief overview of the Planning Board's place in Boulder's governmental structure. You will notice that I have some of the B.R.C. 1981 citations in [brackets] below. The bracketed citations are from the old code. I updated the citations to cite to the new code, and the Boulder Valley Comprehensive Plan, as amended through the 2005 five-year update. I know your time is precious. If you find yourself in a bind for time, I'd suggest that you skim Sections III and VI of the outline. I formatted the titles of those 2 sections in bold so they will stand out for you. I encourage you to bring your questions and look forward to seeing you on Wednesday. K:\PLPB1M-PLANNING BOARD RESPONSIBILITY YPB DOC A BRIEF OVERVIEW OF HISTORY AND RESPONSIBILITIES OF THE CITY OF BOULDER PLANNING BOARD 1. INTRODUCTION Below is a few of the highlights of Boulder=s authority to engage in land use activities and a brief history of zoning. It does not come close.to becoming a comprehensive discussion of the evolution of zoning and planning in Boulder. fl. HOME RULE CITY. Boulder is a home rule city. It derives its power under Art. 20, Sec. 6 of the Colorado Constitution. There are two kinds of Cities in Colorado. Statutory and Home Rule A. Statutory Cities have only those powers explicitly or impliedly given to them by state statute. If there is not an explicit or implied grant of power, then the local government cannot engage in that activity. B. Home Rule Cities derive their regulatory power under Art. 20, Sec. 6 of the Colorado Constitution. A municipality choosing home rule has the power to create its own charter, ordinances, and laws to extend to all of its local and municipal matters, including zoning and subdivision. C. Limitations on Home Rule Cities. 1. Which Laws Apply? The laws of a home rule city may only supercede state law when the matter in question is of local concern. The Courts and the Legislature generally divide governmental matters into three categories: a. Matters of purely local concern b. Matters of statewide concern c. Matters of mixed local and statewide concern. 2. Following the Law. Home rule cities are required to follow its adopted laws and procedures as it relates to land use matters, or the act may be invalidated. 3. State Law Gap Fillers. Unless and until a home rule city adopts a law to the contrary of a state law on the subject, the City is bound by the state laws. III. Boulder Elects a Home Rule Charter. A. 1917. City Adopts a home rule charter, specifying a city manager - city council K:\PI.PB\M-PLANNING BOARD RESPONSIBILITY YPB,DOC form of government. Charter sets up a Parks and Planning Department, with the following responsibilities and duties: 1. Developing a Abroad and comprehensive plan. @ The language of the original charter appears to geared more to plans for public infrastructure, such as the water and sewer utilities, parks, streets, and other necessary municipal buildings. 2. It was to make recommendations regarding implementation of plans. 3. If given City Council authorization, it was responsible for the control height, design, appearance and location of building as and the division of the city into building districts or zones. 4. It was required to review the plans of other departments. 5. Pass upon all donations, gifts, sale devises of land or any other matters that affect the physical appearance of the city or any of its parks or public places. 6. Review plans public improvements for conformity with plans. 7. Review subdivision plats and annexations. 8. Oversee expenditure of funds from the permanent park fund. B. 1951 - Charter Amendment. Planning components of the Charter related to the planning functions were amended. A group called theACitizens Committee to Review the Boulder City Charter@ recommended that parks and planning functions be split out in the Charter. The Committee noted that AThe importance of the planning function for the proper development of Boulder is so great that the committee is very definitely of the opinion that the Planning Department should be reorganized so that it can give all of its attention to major planning activities. @ 1. Planning Board Created. As a result, a separate department of Planning was created. The Planning and Parks Commission was changed to a Planning Board. 2. Board of Zoning Adjustment was created to take over the time consuming appeals cases that the commission had formerly heard. 3. Parks Construction and maintenance. The Director of Public Service took over had responsibility for park construction and maintenance. The current structure of the Parks and Recreation Advisory Board was added to the Charter in 1961. IV. STRUCTURE OF GOVERNMENT. Boulder has a City Council - City Manager form of Government. A. The City Council sets the policy direction for the City. The City Council has three employees that serve at its pleasure and answer directly to it: the City Manager, 3 City Attorney, and the Municipal Court Judge. The City Council also appoints citizens to a number of Boards and Commissions. The authority and charges of the various Boards and Commission are set by the City Charter and the City Council. B. The City Manager is the chief administrative officer of the City. Most all of the City staff report to the City Manager. C. The City Attorney, is the legal advisor of the City Council, Boards and Commissions, City Manager, and prosecutes violations of the Boulder Revised Code in the Municipal Court. D. The Municipal Court Judge presides over the municipal court and has the responsibility to hear, try, and determine violations of the City Charter and the ordinances of the City of Boulder. V. THE BUSINESS CONDUCTED AT PLANNING BOARD MEETINGS A. Meeting Decorum. All meetings of the Planning Board are open to the public. The meetings should be carried out in a business like manner, but need not have the formality of the U.S. Congress or a trial-like setting. In general, the business of the board takes the form of two types of activities, quasi-judicial and legislative or quasi-legislative activities. B. Rules Applicable to the Board. The general rules concerning the Board are those contained in Chapter 2-3 of the Boulder Revised Code of 1981. A copy of this chapter is included in Attachment A. The critical rule is that four affirmative votes are required for any action of the Planning Board. Thus, contrary to the usual rules of parliamentary procedure, an absolute majority is required for action, and if members are absent, it may be necessary to re-hear a matter when it is possible for the entire board to vote. This makes it particularly critical that Board members attend every meeting, if at all possible, in order to give applicants a fair opportunity for an affirmative or otherwise final decision. C. Procedural Rules. The Planning Board has adopted the following rules to guide its meeting: 1. Procedural Rules of the Planning Board of the City of Boulder, Colorado, effective June 11, 1987. 2. City of Boulder Planning Board Hearing Guidelines. This rule is generally copied on the back side of each meeting=s agenda; and 3. Quasi-judicial Hearing Procedures KVITMM-PLANNING BOARD RESPONSIBLLITY.YPB.DOC April 3, 2004 4 D. Charter and Code Provisions Applicable to Board Procedures. The general provisions of the code, reflecting City Charter " 74, 75 and 76, provide for election of officers for the Board by the Board, minutes and summaries, taping of meetings, application of Robert=s Rules of Order, unless the Board adopts other rules of the procedure, and a prohibition on abstentions. Subsection 2-3-1(f), B.R.C. 1981, and the Planning Board=s rules specifically provides that if a member of the board or commission is present but refuses to vote, the member=s vote AShall be recorded in the affirmative. @ The only exception is if a member did not attend or if a member was excused under the conflicts of interest chapter, Chapter 2-7, B.R.C. 1981. VI. DUTIES AND RESPONSIBILITIES OF THE PLANNING BOARD. A. What is a Quasi-Judicial Decision? A quasi-judicial decision requires an action by the board that is adjudicative in nature. Under the constitutional principals of due process of law, the Board is required to: 1. Consider a set of facts that are presented to them in the context of a hearing; and 2. Apply the criteria and standards that have been adopted by the City Council and codified in the Boulder Revised Code. B. Procedures. Quasi-judicial hearings are a specific form of process required whenever a public hearing is required for the application of standards set forth in the code to a particular factual situation. The Planning Board has adopted guidelines for both public hearings and for quasi-judicial procedures. These documents, together with Robert=s Rules of Order provide the basic foundation to address procedural and evidentiary issues at such hearings. Quasi-judicial hearings may give rise to an appeal to district court under the Colorado Rules of Civil Procedure Rule 106(a)(4). Appeals under this Rule are tried in court pursuant to the record that was made before the approving authority. Therefore, it is important to establish the factual basis for a decision during these public hearings. C. Due Process Requirements. The, general provisions of which board and commission members should be aware include specific notice requirements: testimony must be taken in the form of a public hearing through the presentation of oral and documentary evidence; specific evidentiary; and findings of fact and conclusions of law must be written. D. Ex parte Contacts. Board members are required to disclose the substance of all material contacts outside of the hearing dealing with the subject matter of the decision on the hearing record. Further, that an opportunity should be given for 5 comment at the hearing if the material is to be considered in any way by the Board. This is currently not a practice in many Planning Board proceedings. It is something the Board may want to consider doing before acting in its quasi- judicial capacity. The Office of the City Attomey recommends that board and commission members avoid all such Aex parte@ discussions outside of quasi-judicial hearings in order to avoid any kind of appearance of impropriety. AEx parte@ means discussion of the issues with another person without notice to all parties of interest. In the alternative, it is recommended that careful notes be kept of any communications which cannot be avoided so that they can be disclosed in detail. It is recommended that such disclosure be made whether or not the board or commission member intends to actually rely upon the communication, so that no allegation to the contrary can. ever be made. E. Quasi-Judicial Responsibilities. The common items that require that Board decisions in the context of a quasi-judicial hearing include: 1. Direct Review, Appeal, Call-up, or Referral of a Use Review, Sections 9-2- 7 [9-4-3] and [9-4-9] 9-2-15, B.R.C. 1981. 2. Direct Review, Appeal, Call-up, or Referral of a Site Review, Sections [9- 4-319-2-7 and [9-4-11] 9-2-14, B.R.C. 1981. 3. Hearings to determine compliance with Use Review and Site Review approvals, Section [9-4-7] 9-2-11, B.R.C. t98L 4. Individual rezoning, Section [9-2-3] 9-2-18], B.R.C. 1981. 5. Appeal or Call-up of a .Subdivision approval, Section [9-5-7(f)] 9-12-11(f), B.R.C. 1981 6. Appeal or Call-up of a Board of Zoning Adjustment interpretation, [9-3.6- 2] 9-2-3(b), B.R.C. 1981. 7. Many actions under the residential growth management system, Chapter 9- 14, B.R.C. 1981 are required to be approved by way of a quasi-judicial decision. a. To grant more than 40 allocations to a development, [9-6-3(c)] 9- 14-2(c); b. In order to exceed granting 1/4 of the allocations in any quarter, Section [9-6-5(b)] 9-144(b); C. Appeal of a city manager decision to revoke an incomplete application, [9-6-6(g)] 9-14-5(g); d. Hearings to impose sanctions on developments that violate the residential growth management ordinance, Section [9-6-8(e)] 9-14- 7(e); e. Hardship appeals that result in the failure to use the residential growth management allocation, decisions to allow banking of K:\PL. MM-PLANNING BOARD RESPONSIBILITY YI'B.DOC April 3, 2004 6 allocations; Section [9-6-9(h)] 9-14-7(h); and f. Appeals of city manager decision to not grant exemptions under Section [9-6-10(a) or (b)] 9-14-8(d). 8. An applicant appeal of a staff decision regarding appurtenances on buildings above the permitted height, Section [9-3.2-5(a)(5)] 9-7-7(a)(6), B.R.C. 1981. 9. Appeal of a staff denial of an accessory dwelling unit, Section [9-3.4- 12(c)(3)] , Owner=s Accessory Unit, Section 9-3.4-13 (c)(3), or a Cooperative Housing Unit, Section [9-3.4-18 (b)(4)], 9-6-3(b)(9), B.R.C. 1981. 10. Call up of city manager decisions regarding uses allowed in Zone 2 of the Airport Influence Zone, Section [9-11-6(c)] 9-3-10(e)(3), B.R.C. 1981. 11. 12. Referral, appcal or call-up a city manager review of a wetland permit, Section [9-12-7], 9-3-9(f) B.R.C. 1981. F. What is a Legislative Decision. The legislative or quasi-legislative (hereinafter Alegislative@) activities of the Board involve the adoption of public policies. These decisions are prospective in application. G. Different Standard for Due Process. These actions are not considered to require the extensive procedural protections that are given to individual members of the public for quasi-judicial hearings. The reason for this is that the public process involved in making legislative decisions itself addresses many fairness concerns, because of the large number of persons affected, the openness of the process, and the degree to which the City Council is directly accountable to the public through the electoral process. Consequently, legislative actions are not subject to the quasi- judicial hearing requirements. H. Common Legislative Responsibilities of the Planning Board. The Planning Board acts as both an approving authority and as an advisory authority. Generally, the Planning Board advises the City Council. Some examples of legislative activities include: 1. Boulder Valley Comprehensive Plan Amendments - Approving Authority. Pursuant to the intergovernmental agreement with Boulder County, the Planning Board has a an approval function, as one of the necessary approvals for two body approvals (City Council and Planning Board) or four body approvals(City Council, Planning Board, Board of County Commissioners, County. 2. Approving authority on resolutions and administrative rules adopted pursuant to its rule making authority. 3. Subcommunity plans and area plans. The BVCP states that the Planning Board is an approving authority for subcommunity and area plans. See, K TUMM-PLANNING BOARD RESPONSIBILITY.YI'B.DOC April 3, 2004 7 BVCP ' IV.A.. 4. Master Plans - The Planning Board is an advisory authority on master plans. 5. Code Changes and Zoning Map. Advisory authority on amendments to Title 9, B.R.C. 1981 and general revisions to the zoning map. 6. Annexations. Advisory Authority on Annexations. 7. Concept Review Advisory authority to the applicant with comments associated with review and comments [9-4-10] 9-2-13, B.R.C. 1981. 8. Advisory Authority to City Council on land use implications of Historic Districts. Section 9-11-6(e), B.R.C. 1981. 9. Advisory authority on comments associated with the vacation of right-of-way. Section 8-6-10(b), B.R.C. 1981. 10. Advisory authority on the acquisition and disposal of park land. City Charter Sections 162 and 163. 11. K:TLPBWI-PLANNING BOARD RF,SPONSIBILITY.YPB DOC April 12004 s ATTACHMENT A CITY CHARTER AND CODE REQUIREMENTS RELATED TO THE PLANNING BOARD Charter provisions: See. 65. Administrative departments. The following administrative departments are hereby created: (a) Department of public works; (b) Department of finance and record; (c) Department of parks and recreation; (d) Department of public safety; and (e) Department of planning. Upon the recommendation of the city manager, the city council may by ordinance create additional administrative departments. (Amended by Ord. No. 1632 (1951), ' 2, adopted by electorate on November 6, 1951. Further amended by Ord. No. 5575 (1993), ' 1, adopted by electorate on November 2, 1993.)' Department of Planning Sec. 74.Planning board. There shall be a city planning board which shall consist of seven members appointed by the city council. The appointive members shall be qualified electors of the city, shall not hold any other office under this charter except as provided in Section 84A, shall serve without pay, and shall be removable by the council for cause. The council shall remove any appointive member who displays lack of interest, or fails, upon due notice, and continuously for three months, to attend meetings of the board without formal leave of absence. (Amended by Ord. No. 1632 (1951), ' 4, adopted by electorate on November 6, 1951. Further amended by Ord. No. 2728 (1963), ' 1, adopted by electorate on November 5, 1963.) Sec. 75.Term of officeBvacancies. The tern of office of each board member shall be five years. The council shall fill all vacancies. The board shall have power to make rules for the conduct of business and shall keep accounts and records of its transactions. (Amended by Ord. No. 1632 (1951), ' 4, adopted by electorate on 1. Subsection (d) of this section should also have been amended by Ord. No. 1753 (1953), ' 1(b), adopted by electorate on November 3, 1953, which created the department of recreation. November 6, 195 1. Further amended by Ord. No. 2728 (1963), ' 1, adopted by electorate on November 5, 1963. Further amended by Ord. No. 5575 (1993),' 1, adopted by electorate on November 2, 1993.) Sec. 76.Organization and procedure of planning board. The board shall choose a chair, a vice chair, and a secretary who may or may not be a member of the board. If not a member, the compensation of the secretary, if any, shall be fixed by the council. If a director of planning has been appointed, the director may be designated as secretary. The board shall have regular meetings once a month, and special meetings may be called at any time by the chair and two members. Four members shall constitute a quorum, and an affirmative vote of at least four shall be necessary to authorize any action of the board. (Amended by Ord. No. 1632 (1951), ' 4, adopted by electorate on November 6, 1951.)* Sec. 77.Director of planning. A director of planning, who shall be qualified by special training and experience in the field of city planning, may be appointed on a part-time or full-time basis by the city manager and shall be removable by the city manager. The director of planning shall he the regular technical advisor of the board and shall have administrative direction of the planning department. The director may be designated as the secretary of the planning board and authorized to perform other necessary functions. (Amended by Ord. No. 1632 (1951), ' 4, adopted by electorate on November 6, 1951.)* Sec. 78. Functions. The planning department shall: (a) Prepare and recommend to the city council a general plan, with necessary maps, plats, charts, and descriptive and explanatory materials, for the physical improvement and development of the city, including therein, (1) The general location, character, and extent of streets, bridges, parks, waterways, and other public ways, grounds, and spaces; (2) The general location of public buildings and other public property, within and without the city limits, including watersheds, water systems, reservoirs, sewer and drainage systems, facilities for the sanitary disposal of garbage and other wastes, airports, vehicle parking facilities, and all other public properties and facilities necessary for the proper development of the city; (3) The general location and extent of public utilities, including public transportation facilities, whether publicly or privately owned; (4) The removal, relocation, widening, extension, narrowing, vacation, abandonment, or change of use of existing or future public ways, grounds, spaces, buildings, property, or utilities; (5) An adequate and equitable system of financing public improvements; (b) Review the general plan periodically and recommend to the city council desirable K WLPB\h1-PLANNING BOARD RESPONSIBILITY YI'B.DOC April 3, 2004 10 amendments and additions to the plan; (c) Submit annually to the city manager, not less than sixty days prior to the date for submission of the city manager's proposed budget to the city council, a list of recommended capital improvements to be undertaken during the forthcoming six-year period; , The list shall be arranged in order of preference, with recommendations as to which projects shall be completed each year. Each list of capital improvements shall be accompanied by a six-year capital budget indicating estimated costs and methods of financing all improvements; (d) Prepare and recommend to the city council a zoning plan dividing the city into building districts or zones and regulating the uses of land and the height, area, bulk, and uses of public and private buildings and structures; (e) Prepare and recommend to the city council minimum housing ordinances, building codes, and other measures necessary to promote the health, safety, and general welfare of the people of the city; (f) Prepare and recommend to the city council regulations governing the process of land subdivision; (g) Exercise control over all public improvements in accordance with the provisions of Section 80; (h) Exercise control over platting, opening, and annexing subdivisions in accordance with the provisions of Sections 81 and 82; (i) Cooperate with other governmental planning agencies on all planning matters affecting the city; 0) Encourage proper planning by all departments of the city, request necessary assistance from other departments, and integrate, to the extent possible, the planning activities of other departments into the general plan of the city; and (k) Within its budget appropriations, contract when necessary with city planners and other consultants for technical services. (Amended by Ord. No. 1632 (1951), ' 4, adopted by electorate on November 6, 1951.) Sec. 79.Notice of pending plans or ordinances. Any officer or department whose duty it is to prepare ordinances and resolutions relating to the location of any public improvement, which may be considered by the planning board a part of the comprehensive plan B including specifically the location of any public building, or the location, extension, widening, enlargement-ornamentation, or parking of any street, boulevard, alley, parkway, playground, or other public grounds, or the vacation of any street, or any other alteration of the city plan of streets and highways, or the location of any bridge, tunnel, or subway, or of any surface, underground or elevated railway or public utility, or any ordinance relating to housing, building codes or zones B shall, prior to the submission to the proper board or officer of the municipality of the ordinance or KAPUBVVI-PLANNING BOARD RESPONSIBILITY YPB DOC April 3, 2004 11 resolution required to be adopted before such proceedings are instituted, give notice to the board of the pendency (before the officer or department) of proceedings with reference to any of the above matters. (Amended by Ord. No. 1632 (1951),'4, adopted by electorate on November 6, 1951.) Sec. 80.Improvements to conform with plan. Whenever the planning board shall have made a general plan of the municipality or of any portion thereof in accordance with Section 78 of this charter, no public improvement shall be authorized to be constructed in the city until approved by the board; provided, that in case of disapproval, the board shall communicate its reasons to the council and to the director of that department which has control of the construction of the proposed improvement; and the council by majority vote shall have the power to overrule such disapproval. If the reasons for disapproval are not given to the council and to said department director within twenty days after the plans for the public improvement are submitted to the board, such plan shall be deemed to be approved by the board. (Amended by Ord. No. 1632 (1951), ' 4, adopted by electorate on November 6, 1951.) Sec. 81.Approval of plats. All plans, plats, or replats of lands laid out in building lots and streets, alleys, or other portions of the same intended to be dedicated to public use or for the use of purchasers or owners of lots fronting thereon or adjacent thereto, and located within the city limits shall be submitted to the planning board and be approved by it before such plans or plats shall be recorded. And no such plan or plat shall be entitled to record in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the board. The disapproval of any such plan, plat, or replat by the board shall be deemed a refusal of the proposed dedication shown thereon. The approval of the board shall be deemed an acceptance of the proposed dedication but shall not impose any duty upon the city concerning the maintenance or improvement of any such dedicated parks until the proper authorities of the city shall have made actual appropriation of the same by entry, use, or improvements; and owners and purchasers shall be deemed to have notice of the published plans, maps, and reports of the board affecting such property within its jurisdiction. (Amended by Ord. No. 1632 (1951), ' 4, adopted by electorate on November 6, 1951.) Sec. 82.Admission of subdivision. All plans and plats of tracts or additions sought to be annexed or admitted to the city shall be first submitted to the planning board for approval. (Amended by Ord. No. 1632 (1951), ' 4, adopted by electorate on November 6, 1951.) Sec. 83. Reports of department. The department shall make annual reports to the council upon the request of the council. A representative of the board shall have a right to appear before the council to make its recommendations and shall be given due hearing. (Amended by Ord. No. 1632 (1951), ' 4, adopted by electorate on November 6, 1951.) Sec. 84.Height limit. K:IPLPB\f-PLANNfNG BOARD R1-SPONS1BfLETY.YPB DOC April 3, 2004 12 All buildings and other structures throughout the city shall be limited to a height not exceeding fifty-five feet. This height limit shall not apply to spires, .belfries, cupolas, or domes not used for human occupancy, nor to silos, parapet walls, cornices without windows, antennas, chimneys, ventilators, skylights, or other necessary mechanical appurtenances usually carried above the roof level so long as they do not take up more than twenty-five percent of the roof area, nor to light poles at government owned recreation facilities, nor to light and traffic signal poles in the right-of-way, nor to service and transmission line electrical utility poles. "Height" means the vertical distance from the lowest point within twenty-five feet of the tallest side of the structure to the uppermost point of the roof. The purposes of this height limitation are to promote the health, safety, and general welfare of the community; to secure safety from fire, panic, wind turbulence, and other dangers; to provide adequate light and air to abutting properties and the neighborhood; to prevent the overcrowding of land; to avoid undue concentration of population; to prevent the encroachment of privacy; to lessen traffic congestion in the streets; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; to insure personal safety by encouraging intensive use at the sidewalk level; to encourage the most appropriate use of land; to conserve and enhance property values; to preserve the integrity and character of established neighborhoods; to preserve scenic views of the mountain backdrop, which are a unique asset to the community and provide a distinctive character and setting for the city and which provide an attraction to tourists, visitors, and students of the University of Colorado; and to protect a public investment of over $3,000,000.00 in the mountain backdrop. Notwithstanding anything to the contrary in this Section 84, the following provisions shall apply solely to that portion of the area known as Boulder Crossroads which is delineated by (i) the northern boundary line of Arapahoe Avenue, (ii) the southern boundary line of Canyon Boulevard as extended eastward to 30th Street, (iii) the eastern boundary line of 28th Street, and (iv) the western boundary line of 30th Street: Subject to approval through the development review process, Aheight@ shall be defined as the vertical distance measured from the federal emergency management agency=s flood protection elevation at 28th Street of 5,288 feet, as determined in accordance with the North America vertical datum of 1988, to a plane above such elevation. (Amended by Ord. No. 1219 (1929), ' 1, adopted by electorate on November 5, 1929. Further amended by Ord. No. 1632 (1951),' 5, adopted by electorate on November 6, 1951. Repealed by Ord. No. 2392 (1961),' 1, adopted by electorate on January 31, 1961. New section 84 added by Res. No. 24a (1971), ' 2, adopted by electorate on November 2, 1971. Amended by Ord. No. 5220 (1989), ' 1, adopted by electorate on November 7, 1989. Further amended by Ord. No. 6013 (1998), '2, adopted by electorate on November 3, 1998). Sec. 84A. Board of zoning adjustment. There shall be a board of zoning adjustment with such powers, jurisdiction, and authority as the city council shall by ordinance provide relating to zoning matters. The membership, terms of office, method of appointment and all other matters relating to the board of zoning adjustment shall be as the city council shall by ordinance provide. (Added by Ord. No. 1632 (1951), ' 6, adopted by electorate on November 6, 1951. Amended by Ord. No. 3513 (1969), ' 1, adopted by electorate on November 4, 1969.) Sec. 84B. Disposition of park properties. K:\PLPB\NI-PLANNING BOARD RESPONSIBIUTY.YPB DOC April 3, 2004 13 (Added by Ord. No. 1632 (1951), ' 7, adopted by electorate on November 6, 1951. Repealed by Ord. No. 2392 (1961), ' 1, adopted by electorate on November 6, 1961.) Sec. 162. Disposal of park properties. Park lands may be disposed of by the city council, but only upon the affirmative vote of at least four members of the parks and recreation advisory board. An advisory recommendation, which shall not be binding on the council, shall be obtained from the planning board prior to the disposition or lease of park lands. (Added by Ord. No. 2392 (1961), ' 1, adopted by electorate on January 31, 1961. Amended by Ord. No. 5574 (1993), ' 1, adopted by electorate on November 2, 1993.) Sec. 163. Acquisition of park land. The council may acquire park land for the city, provided that the council shall not make any expenditure of money for the purpose of acquiring park lands without first securing a recommendation from the planning board and the parks and recreation advisory board. Provided, however, that the council can act without such recommendations if said boards fail to submit their recommendation to the council within thirty days after request therefor is made by the council. The recommendations of the said boards shall not be binding on the council except that the recommendation of the parks and recreation advisory board concerning expenditures from the permanent park and recreation fund shall be binding on the council pursuant to Section 161 of this charter. (Added by Ord. No. 2392 (1961), ' 1, adopted by electorate on January 31, 1961.) KAPUMI-PLANNING HOARD RESPOi 1SIBILITYMB DOC April 3, 2004 14 Code requirements related to Planning Board procedures. 2-3-11 Planning Board. (a) The City of Boulder Planning Board consists of seven members appointed by the city council for five-year terms. (b) The secretary of the board may be a member of the board or may be the city manager. (c) Four members of the board constitute a quorum. An affirmative vote of at least four members is necessary to authorize any action of the board. (d) The chair and at least two members may call special meetings. (e) The board's functions are those established in the charter, this code, and other ordinances of the city, including without limitation: (1) To review and approve or disapprove changes to the Boulder Valley Comprehensive Plan; (2) To review and recommend to the city council regarding proposed historic districts as prescribed by Subsection 10-13-5(e), B.R.C. 1981; (3) To review and recommend to the city council regarding the city's capital improvements plan; and (4) To perform all the functions prescribed by Title 9, Aland Use Regulation, @ B.R.C. 1981. Ordinance No. 4803 (1984). City of Boulder Landmarks Preservation Board Park Central Building 1739 Broadway Boulder, CO RE: New Residence 429 Spruce Street Bruce & Cody Qreck, applicants Dear Sir or Madam, I/We have met with the applicants and have reviewed their application for a new residence to be built at 429 Spruce Street. Based on our discussions and a review of the application its attached documentation, I/we support the Oreck's proposal for a new residence. Sincerely, Signature Signa ur C Name (printed) Name (printed UC (2 Address Address Date Date Feedback Request Regarding Garage Construction From: Penny Normann 2529 6'h Street Your response regarding construction of a new garage/studio to replace a deteriorating shed at the back of my property would be greatly appreciated. There will be a public meeting on Wednesday, September 6 after 6 p.m. at 1777 Broadway with the Landmarks Advisory Board regarding this issue and I am trying to get neighborhood feedback before then. Please check one and feel free to comment. There is a mail slot on the porch if you don't mind returning this later. I believe the structure should be preserved. Comments: I believe demo and new construction should be allowed. Comments: K ' j a No opinion. ; b I look forward to sprucing things up! Thank-you for your time. f r~ `t dd rresS l ~/l~Jlk S CACiucu r t ~0v~ VQ-,"- Feedback Request Regarding Garage Construction From: Penny Normann 2529 6"' Street Your response regarding construction of a new garage/studio to replace a deteriorating shed at the back of my property would be greatly appreciated. There will be a public meeting on Wednesday, Sept=boF-6. afer 6 p.m. at 1777 Broadway with the Landmarks Advisory Board regarding this issue and I am trying to get neighborhood feedback before then. Please check one and feel free to comment. There is a mail slot on the porch if you don't mind returning this later. I believe the structure should be preserved. Comments: t ! I believe demo and new construction should be allowed. •t Comments: _ tl\c jet r I 1)11\ h 6UP. ~t a 104 e M{ 1 M c a~ ~4 P~2 t-L ~~t G C ~(e t h 66 ZX , i f /1 1` C ct d >7 e LL) C? ± ,rr l rY l Gc S i C r C= l el k ~65 S L - 2 SO t ^ . - P- L nee rYK&nil oC uc1 ~ C`'e ~ ~ ~y0 opinion. i~. 4'1e 1 WCL~ ~"r~ ci -PCl rs U 1 I n°q CG ~C I look forward to sp ucin tllinas LIP' • -ha k-vou for your tin f~ I~ N,5C nAAa~ nkS a t2 In C rt~t ► iltl 0 1ccr cs- Lc a 5 u , t~ C~ c t~ I C k GI r✓ L a S l Ut U From: Penny Normann 2529 0' Street Your response regarding construction of a new garage/studio to replace a deteriorating shed at the back of my property would be greatly appreciated. There will be a public meeting on Wednesday, September 6 after 6 p.m. at 1777 Broadway with the Landmarks Advisory Board regarding this issue and I am trying to get neighborhood feedback before then. Please check one and feel free to comment. There is a mail slot on the porch if you don't mind returning this later. I believe the structure should be preserved. Comments: I believe demo and new construction should be allowed. Comments: fj S !J-- 3LI t, if i U R! T11 U 1`•10-1 <%jjGO2-}vu 0 /+t-ryl? _ r J~ i 4F I+"d Crrh1 L~gd- U1-~II,f fr y Gyf+2 S 'S!`, 0 TS /F V G~Qf 1 t-r*Pl 141d L~ ~1CF~4t'L Wl~iJ~ No opinion. 6V" ""LO 4111' a%J~Vt # C-O 30 I look forward to sprucing things up! `thank-you for your time. ~ se `nc~~~ V1 ~ add>rc'SS ~1~✓1kS 1. ~I~VI Feedback Request Regarding Garage Construction From: Penny Normann 2529 Oh Street Your response regarding construction of a new garage/studio to replace a deteriorating shed at the back of my property would be greatly appreciated. There will be a public meeting on Wednesday, September 6 after 6 p_m. at 1777 Broadway with the Landmarks Advisory Board regarding this issue and 1 am trying to get neighborhood feedback before then. Please check one and feel free to comment. There is a mail slot on the porch if you don't mind returning this later. I believe the structure should be preserved. Comments: f'- r j V I believe demo an4 new construction should be allowed. r. Comments: ~ r V No opinion. v I look forward to sprucing things up! Thank-you for your time. reeuuacK nequesi Mega[ uIII guaIagc%-uu,uuciiuu From: Penny Normann 2529 6`' Street Your response regarding construction of a new garage/studio to replace a deteriorating shed at the back of my property would be greatly appreciated. There will be a public meeting on Wednesday, September 6 after 6 p.m. at 1777 Broadway with the Landmarks Advisory Board regarding this issue and l am trying to get neighborhood feedback before then. Please check one and feel free to comment. There is a mail slot on the porch if you don't mind returning this later. I believe the structure should be preserved. Comments: I believe demo and new construction should be allowed. Comments: r4 -7-t} t S 1. et t 1 vYJk ~ c- -4v Lr7S`/ _~L4~~ ~rld'z-~ FLs•c- G/L~'Si`~7~~.,1.Fi'~ (l ( ~ ~ L`'tt. Cry t<~ J~->ZLIa.n.l Ltl t 1' t ~ No opinion-J Ccs.~rcu2r} ¢u~' I look forward to sprucing things up! Thank-you for your time. v~ ~tve_ n 7 Feedback Request Regarding Garage Construction From: Penny Normann 25296 1h Street Your response regarding construction of a new garage/studio to replace a deteriorating shed at the back of my property would be greatly appreciated. There will be a public meeting on Wednesday, September 6 after 6 p.m. at 1777 Broadway with the Landmarks Advisory Board regarding this issue and I am trying to get neighborhood feedback before then. Please check one and feel free to comment. There is a mail slot on the porch if you don't mind returning this later. I believe the structure should be preserved. Comments: 1 i believe demo and new construction should be allowed. Comments: t.JJ. `ri t 6Z C.t ,(j-ett C c~ Gr C~f~ tGZfr CULL" tc, No opinion. CL I look forward to sprucing things up! Thank-you for your time. t Feedback Request Regarding Garage Construction From: Penny Normann 2529 6`1' Street Your response regarding construction of a new garage/studio to replace a deteriorating shed at the back of my property would be greatly appreciated. There will be a public meeting on Wednesday, Member 6 after 6 p.m, at 1777 Broadway with the Landmarks Advisory Board regarding this issue and I am trying to get neighborhood feedback before then. Please check one and feel free to comment. There is a mail slot on the porch if you don't mind returning this later. i believe the structure should be preserved. Comments: believe demo a env cofclruc ion should be a I w r comments: _ ~tlt~~' ~l?L~iCt/ yt(ff ~~e$etr+~~`"t~( q64 1S b'~ t, f~1 ~,►f~uUt,~__~x1s~~' .~r~/t_r e~~CuSIJC Gf C3 - - e G. [ J~ wj `:"l. -V`VL# v 3t L.J ~ee No opinion. 5ZO O^CO IV-J &AJC 1 look forward to sprucing things up! Thank-you for your time. 303 -Lf Lf 3 Feedback Request Regarding Garage Construction From: Penny Normann 2529 6`t' Street Your response regarding construction of a new garage/studio to replace a deteriorating shed at the back of my property would be greatly appreciated, There will be a public meeting on Wednesday, September 6 after 6 p.m. at 1777 Broadway with the Landmarks Advisory Board regarding this issue and I am trying to get neighborhood feedback before then. Please check one and feel free to comment. There is a mail slot on the porch if you don't mind returning this later. I believe the structure should be preserved. Comments: believe demo and new construction should be allowed. Comments: l~S c~y-rv[. /J. r~ No opinion. 5- 3 rJ Con c. - •`B- ~VIJtcle.q CIO I look forward to sprucing things up! Thank-you for your time. I t~~b~ tt/tG~Ul~ ~t~V V ut~ ~r >ddims Feedback Request Regarding Garage Construction From: Penny Normann 25296 Ih Street Your response regarding construction of a new garage/studio to replace a deteriorating shed at the back of my property would be greatly appreciated. There will be a public meeting on Wednesday, September 6 after 6 p.m. at 1777 Broadway with the Landmarks Advisory Board regarding this issue and I am trying to get neighborhood feedback before then. Please check one and feel free to comment. There is a mail slot on the porch if you don't mind returning this later. I believe the structure should be preserved. Comments: ' f. t/ I believe demo and new construction should he allowed. Comments: ~ y L AI410~,2/ ~r4 J--_ -X i?- C/l-rsJl~_[!c✓1✓•rry ? fL e,1 x3 .C rt 7 t; vV - -ru i~ t,,J q 4? &lfjs~ 44, r ,g ~✓ltr -i~ 1"'' i>2 ert tZ tJ Ly tov_~-_A~ SAC 1r4Ge_vI _GU Xd~f ~[G~°•'/ C.~tc~~ ku yc•,J No opinion. WC;Vr/ll~JW af Itu'Antm- I look forward to sprucing things up! Thank-you for your time. t~nClL),dU_ t~oLv- v~tnrti~ ~.ddrr~ss _T tnkS Feedback Request Regarding Garage Construction From: Penny Normann 2529 6'h Street Your response regarding construction of a new garage/studio to replace a deteriorating shed at the back of my property would be greatly appreciated. There will be a public meeting on Wednesday, September 6 after 6 p.m. at 1777 Broadway with the Landmarks Advisory Board regarding this issue and I am trying to get neighborhood feedback before then. Please check one and feel free to comment. There is a mail slot on the porch if you don't mind returning this later. I believe the structure should be preserved. Comments: JI believe demo and new construction should be allq~ved._ Comments: TLY41 / ( _r yt.~~1 f-/ /c' t, Tl1✓} f~ _ r'` vV ci-)_! -lf_ 1 1 1 r F. g~-/r , ,Z ~ z Iz. Att. wtiG~r,,ri: _ I-C 'v OA %C•AIlE-co-S>r§ t~tr~~+3 No opinion. t it-Njfr- (Zt✓Y I look forward to sprucing things up! Thank-you for your time. I Feedback Request Regarding Garage Construction From: Penny Normann 2529 6"' Street Your response regarding construction of a new garage/studio to replace a deteriorating shed at the back of my property would be greatly appreciated. There will be a public meeting on Wednesday, September 6 after 6 p.m. at 1777 Broadway with the Landmarks Advisory Board regarding this issue and I am eying to get neighborhood feedback before then. Please check one and feel tree to comment. There is a mail slot on the porch if you don't mind returning this later. I believe the structure should be preserved. Comments: I believe demo and new construction should be allowed. Comments: A,1. L!.~EJ f No opinion. 1 look forward to sprucing things up! Thank-you for your time. l1>1C~t,~cJ~.~ ~o~tr v~tnn.c °t- zotd~es S - ~C~kS Feedback Request Regarding Garage Construction From: Penny Normantt 25296 Ih Street r;c ss-,3 ~`11 ~,j C-b Your response regarding construction of a new garage/studio to replace a deteriorating shed at the back of my property ! would be greatly appreciated. There will be a public meeting on Wednesday, September 6 after 6 p.m. at 1777 Broadway with the Landmarks Advisory Board regarding this issue and 1 am trying to get neighborhood feedback before then. Please check one and feel free to comment. There is a mail slot on the porch if you don't mind returning this later. I believe the structure should be preserved. Comments: I believe demo and new construction should be allowed. Comments: a.~2 ~WU~TS t~ vin r (~.~5 px-L L_ 6 LAJ 2 ► ST GNU 0, L V r KY~- r a.._ No opinion. 1 look forward to sprucing things up? Thank-you for your time. h lc t'tc z ~•n ~c~ c u,zwV _ >C{ r~ t~r~5 57 tAL> Feedback Request Regarding Garage Construction From: Penny Normann 25296 h Street Your response regarding construction of a new garage/studio to replace a deteriorating shed at the back of my property would be greatly appreciated. There will be a public meeting on Wednesday, September 6 after 6 p.m. at 1777 Broadway with the Landmarks Advisory Board regarding this issue and I am trying to get neighborhood feedback before then. Please check one and feel free to comment. There is a mail slot on the porch if you don't mind returning this later. I believe the structure should be preserved. Comments: I believe demo and new construction shQLdd be allowed. i Comments: t y F l'C 4U 5'tZ'~ i t~ (tfi t~ C V { c1 . O, t.14 bt- C k.-- c "-"x )k u iAtt..V s ~'tr~ b' Lv r `FC t t 4 E~{(6_v ` lCT T VL t✓ (fit"~- `~C°~ ~ t~ vac' s t t t'[Ca14 l eL0 t~, ~X4'LCC~ No opinion. I look forward to sprucing things up! Thank-you for your time. ~tc~~ ~ AC & I\G'vvV_ * zd d r ~°s s tn~„k ~ JIM L O G AN A R C H I T E C T 5 October P, 2006 From: Jim Logan Architects Re: Landmark Application for a new residence at 429 Spruce Street, Boulder, Colorado Response to Staff recommendations, Agenda item 6B We are pleased that staff is recommending approval for the requested new construction at 429 Spruce. We would ask the board to reconsider some of the requested conditions of approval 1. We believe that that window areas and shapes are consistent with the district in both size and pattern. We would also like to note that this is a new building being built at the edge of the district in 2006 and as such should have different criteria than contributing buildings. The glass area shown is in part derived from a desire to incorporate passive solar gain as an energy source and to provide daylight to the rooms to lower the use of electrical lighting during the day. We are including as an attachment pictures of numerous dormers in the district with a group of .3 double hung windows. 2. We are enclosing a possible redesign of the garage roof edge that we hope could be approved if the board agrees with staff that the eave should be a more traditional form. 3. We have submitted color samples, roofing samples, and were informed that a brick submittal was not necessary. We are'facing a time deadline in that we need to complete all concrete work and backfill before the ditch is turned on in the spring and we would be grateful if the board could' approve this project with specific conditions as required so a landmark alteration certificate could be issued -without the need for further meeting with the design review committee. We are also enclosing copies of our correspondence with the neighbors and will bring originals to the meeting. All the neighbors contacted by the Oreck's were in full support of the project. as submitted. We would appreciate it if this response could be forwarded to. the board prior to the meeting. Thank You Jim Logan 1455 YARMOUTH AVE. STE 114 • 60ULDER, CC) 80104 (0 301 449 3274 • fax 301 417 1781 tTnwcw+ -wos- y tnw .rtor,cm ..c ua mwr ue wrt+w war.nur uniw.o ~Ra~ wu .m ~ anx..m. oeaaRC, o~ onnns ~ wnan ni rrotrnr we®o= or rm.~ uon[Ri /-G W 0 s' ~m A V r b -lit FF J-- I ~.j L ~ t t rr Y I I - 1.• -1 Pl. K Al U < 1 t. o -Al V/ aN JQ v' co 00 N 0 Ni SOUTH ELEVATION SCALE. 1 /8r = I,-00 f r I s u n n o ~ n o o m Y~ T ~ I JL i i - - - r .LLB ~ ~`1 L_ ~ ~ ~ - Y. J ~ 0 o~ ~O = M mm N 0 r*i WEST ELEVATION SCALE: 1 /8' = 1'-0" ~4 ORECK, BRADLEY, CRIGHTON, ADAMS & CHASE A LIMITED LIABILITY COMPANY COLORADO= LOUISIANA. THE WILLARD BUILDING ENEIIGY CEN-TRE 2045 BROADWAY 1100 POYnRAS STREET SUITE 700 SUIT£ 1440 BOULDER. COLORADO 80302-5202 NEW ORLEANS. LCUISIANA 70163-1480 (303-444-2993) TELEPHONE (504-525.8001) TELEPHONE (303.444-3441) FACSIMILE (504-525-8018) FACSIMILE October 2, 2006 City of Boulder Landmarks Preservation Advisory Board Municipal Building 1777 Broadway 2nd Floor Boulder, CO 80306 Re; 429 Spruce Street Dear Board Members; In connection with our application to construct a house at the above referenced address within the Mapleton Historic District, my wife Cody and I met with and obtained the support of the following neighbors: Deborah Magaldi 413 Spruce (neighbor to the immediate west of 429 Spruce) • Ms. Magaldi fully supports the proposed plan and signed a letter of support, a copy of which is attached. John Helson 420 Spruce (neighbor across the street to the immediate south of 429 Spruce) • Mr. Helson fully supports the proposed plan and signed a letter of support, a copy of which is attached. Cindy Carlisle and Baine Kerr 413 Spruce (neighbor two houses to the west of 429 Spruce) • Ms. Carlisle and Mr. Kerr fully support the proposed plan and indicated that they would send a letter of support directly to the Board. Michael Higuera 2041 5th Street (neighbor across the street and to the east of 429 Spruce) • Mr. Higuera fully supports the proposed plan and can be contacted, if necessary, to confirm his support. Mr. Justin Gold 409 Spruce (neighbor 3 houses to the west of 429 Spruce) • Mr. Gold fully supports the proposed plan and can be contacted, if necessary, to confirm his support. David and Catherine Moll 327 Spruce (neighbor at the north-east corner of Spruce and 4th) • Mr. and Mrs. Moll fully support the proposed plan and indicated that they would send a letter of support directly to the Board. AL :::L Bruce I Oreck Applicant 429 Spruce Street IUiUcitUUU 1s:14 1IAA AU344OIlUZ ORCHARDHOUSE ~ Q02 City of Boulder Landmarks Preservation Board Park Central Building 1739 Broadway Boulder, CO RE: New Residence 429 Spruce Street Bruce & Cody Orcck, applicants Dear Sir or Madam, I/We have met with the applicants and have reviewed thcir application for a new residence to be built at 429 Spruce street. Based on our discussions and a review of the application its attached documentation, Ilwe support the Oreck's proposal for a new residence. Sincerely, nt 1 Signature ` Signature Name (printed) Name (printed) r-Address Address 1 t Date r -T- Date luiuz/-'UUO 10:1J VAA JUJ44VJ.1y1 U1<C1iAXllHUUD}; 10003 r. City of Boulder Landmarks Preservation Board Palk Central Building 1739 Broadway Boulder, CO RE: New Residence 429 Spruce Street Bruce & Cody Oreck, applicants Dear Sir or Madam, I/We have met with the applicants and have reviewed their application for a new residence to be built at 429 spruce Street. Based on our discussions and a review of the application its attached documentation, Uwe support the Oreck's proposal for a new residence. Sincerely, l~l Signature Signature Name (printed) Name (printed) Address Address ZD ~z:(_~ Date Date David and Catherine Mall 327 Spruce Street Boulder, CO 8032 City of Boulder Landmarks Preservation Board Park Central Building 1739 Broadway Boulder, CO 80306 October 3, 2006 RE: 429 Spruce Street, Boulder As a neighbor of the applicant, it is our honor to enthusiastically and wholeheartedly support the plans submitted by Bruce and Cody Oreck for 429 Spruce Street in Boulder. We have resided on Spruce Street for nearly 10 years, and have seen a wide variety of projects completed in our neighborhood in that time. In our opinion, no home has done a better job of fitting into the character of the historical surroundings than the proposal for 429. Moreover, we applaud the ecologically- sound approach taken by the applicants, and believe that this is a heroic effort to balance the historic context of Spruce Street with an environmental ethic. We prize both our past and our future highly, and we urge the Committee to recognize the thoughtfulness applied to both the historically-appropriate architecture, and environmentally-responsible design. In closing, we completely support the plans for 429 Spruce Street in Boulder. This is the kind of home we would like in Boulder broadly and in our neighborhood specifically. If you have any questions, please do not hesitate to contact us. Sincerely yours, David and Catherine Moll ALl_ 1101, SE SH10",VARE IN THE MAPLLTO I HISTORIC' DISTRICT "Ar r` • ~I - • 4 Iµ..-. 2 awl s. i 411 Spruce (2 houses down) 802 Spruce I Jr,' f,< i' P imam L~ l~l~~~l ~l 111 1_It_, I -V_14-c~1E=1b 1 • 4~~ NHL! ILr t~IJI'Il'It!'a.C 1. l 1 I 1-. tiles w m7 o ~.,C*' VakkAj-l IS 4,v ate= S •g- s WVI- t` cr~ JO ~I 1 f ''AAar 1rN cz~ CUA cilt f J-7 Jj 'u viol -~A TOTAL P.02 . IVU.Y James Hewat - landmark alteration From: "Judy Stone" <judystone@comcast.net> To: <hewatj@bouldercolorado.gov> Date: 9/22/2006 3:54:10 PM Subject: landmark alteration These comments are regarding the property of 2529 6th, that is requesting a 2car garage and studio building I would prefer that the scale of this addition be as small as possible to fit the character of the existing house. I question the "studio".. What is the intended use? Will there be bathroom and utilities installed? Is the intended use as an added living space? Or for possible rental at a later date? I feel that the zoning should remain intact for this property and no alteration should be given. Otherwise, what is the point of the historic zoning at all? It seems that far too many of these alterations are being given. Thank you for keeping these comments on file. , and confidential. I will be out of town for the meeting Judy Stone 624 Concord fileWCADocuments and Settingslhewa.j I\Local Settings\Temp'-' 00005.HTM 10/4/2006 rabc i vi James Hewat - Re: Landmark Alteration 2529 6th St. (HIS2006- 00169) From: "Matthew Muir" <m2muir@earthlink. net> To: "James Hewat" <HewatJ@bouldercolorado.gov> Date: 9/21/2006 2:51:55 PM Subject: Re: Landmark Alteration 2529 6th St. (HIS2006-00169) Thanks James and here are my comments: A 600+ sq.ft. two-car garage-studio sounds big to me, especially since it would be directly adjacent to our property via the Maxwell-Concord alley we share. Alternatively, the property owner is my new neighbor and feel awkward commenting since 1 would like inidividuals to enjoy reasonable freedom to remodel. I know that other neighbors have erected similar structures but it seems as if another two-car garage would be disproportionate to the lot and the related structures and, therefore, would change the character, views, and feel of the alley. I'm reluctant to add that general considerations of consumption and sustainability make me wonder about such large additions though, again, this seems nosey of me. Anyways, thanks for the opportunity to comment. Matt Muir 531 Maxwell Ave. 80304 Original Message From: James Hewat To: m2muir@earthlink.net Sent. 9/21/2006 11:57:36 AM Subject: Re: Landmark Alteration 2529 6th St. (HIS2006-00169) Deat Matt: Yes, you can send comments to this address and also have the ooportunity to comment during the public hearing on October 4th. Thanks, James "Matthew Muir" <m2muir@earthlink.net> 9/21/2006 11:24:30 AM Hi James- May I make comments to this address regarding the subject line application? file://C:\Documents and Settings\hewai 1\Locai Settings\Temp\GW }00005.HTM 10/4/2006 David and Catherine Moll 327 Spruce Street Boulder, CO 803Q City of Boulder Landmarks Preservation Board Park Central Building 1739 Broadway Boulder, CO 80306 October 3, 2006 RE: 429 Spruce Street, Boulder As a neighbor of the applicant, it is our honor to enthusiastically and wholeheartedly support the plans submitted by Bruce and Cody Oreck for 429 Spruce Street in Boulder. We have resided on Spruce Street for nearly 10 years, and have seen a wide variety of projects completed in our neighborhood in that time. In our opinion, no home has done a better job of fitting into the character of the historical surroundings than the proposal for 429. Moreover, we applaud the ecologically- sound approach taken by the applicants, and believe that this is a heroic effort to balance the historic context of Spruce Street with an environmental ethic. We prize both our past and our future highly, and we urge the Committee to recognize the thoughtfulness applied to both the historically-appropriate architecture, and environmentally-responsible design. In closing, we completely support the plans for 429 Spruce Street in Boulder. This is the kind of home we would like in Boulder broadly and in our neighborhood specifically. If you have any questions, please do not hesitate to contact us. Sincerely yours, n David and Catherine Moll October 2, 2006 Mr. James Hewat City of Boulder Re: Public Hearing for New Construction of Proposed Residence at 429 Spruce St., Boulder, CO Dear ,lames, Last Thursday Cody Oreck presented to me plans for the above referenced property. From what I saw, there has been a great deal of attention to detail and creativity put into this environmentally conscious design. I appreciate the nod to traditional architecture with the gables and porch yet it does not try to mimic an old building, blending a contemporary statement with historic sensitivity without looking contrived. This particular block, a relatively new addition to the Mapleton Hill Historic District, is somewhat transitional in nature so in my opinion a more creative interpretation is not inappropriate. I'm sure there are a number of details to be addressed and know that the Landmarks Board will do a conscientious and thorough job of that but overall, as a resident with an adjacent property, I support the plans. I may be reached for any comments or questions at 303.250.5173. Sincerely, Y -1 c e a , Felin agaldi 413 Spry ce St. Boulder, CO 80302 i I 125'-G° SCO17 COBUMN & ASSOCIATES - ~.eCIflTSCrs 2100 Y.... lru.. 9ott17 i - 9~uw{r, CO 10782 Poo 307.IN,1777 Yu 701.1U,01{l m I I J~ I I ~ u I 1 ~ EXISTING HOUSE c V 1 E)CSTING SHED a TO BE RELOCATED W ( Y N TO BE ED PATIO i I E Z N REMOVED L PROPOSED GARAGE L, i 27,•5. 1 I -77 A i / EXISTING SHED , ' m tJ ~I ' }F/ / (NEW LOCATION) ~ / I PROPERTY LINE 1 lror iy. EX-STING Q4 HIGH FENCE • REMOVE SECTION FROM S.W. PROPERTY CORNER TO HERE I SHED Wt PROPERTY II LINE f ALLEY now W. µ ~~dp va 1 NORTH SITE SITE PLAN SCALE 1 = 10' ` ' 21' .T a S,~ 12 0 3:12 PITCH h SCOTT COHURN I 3.12 PI TCA- CCFMEH AEC~e _ _ & ASSOCTATTS ARClilTECI'S i i 2100 Ir... !„m " 9wnD Doa,or! CO 10107 Ira lOS.I IS.f SD! 421 305.119.0111 I TWO CAA - - - - . GARAGE I ~ .I I • I 712 PITCH PICOF SLOPE N 3:12 PITCH it C n i a (2) • 8070 CH DOORS 2il ~ I 4- _ 1'n e'•a 2'-0' 1'• 8'•D' b 3 3'a PROPEAIY LINE C 0 N NORTH Ncar E GARAGE PLAN ROOF PLAN Z SCALE t18• = 1'-0 SCALE 1M"= 1'-0' 12 c" I h 12 1 I I I I ~ 71 III l T70STING SHED I I II l ~l ® I II III (RELOCATED)_~ 7 11, "n,~~I Ii III 1 II Tkil 11 ; lly b I 1 1 u i i. 'I ~ I I I' I l iI I i " to RN ;^J I I ~ - - L1_l III ~ I t I I ~ JJIJI Lt tt ;I ~I ~~',I•~•~ lip! !ill ~~I' I I,~'~ ,I, . 1. ~ ~ 3'~ I ~ ~ , ,I I I , I ; ~ ~ SOUTH ELEVATION ALLEY1AEW NORTH ELEVATION • SCALE 118• - ra SCALE 118' - r-,V ASPHALT COMPOSITION SHINGLES TO MATCH EbST1NGHOUSE _ I II I, L• fl : ~ I l i y I I I 'U' STYLE GUTTER IL " lV~il II II , Ih 1X8 FASCIA BOARD u I T ® lilt ILII ~~~Tl~im ! 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