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2017-23_5400 Spine Rd_Disposition Packet N O T I C E FINDINGS AND DECISION OF THE CITY OF BOULDER BOARD OF ZONING ADJUSTMENT DISPOSITION OF ZONING CASE DOCKET NUMBER 2017-23 CONCERNING THE APPLICATION FOR A VARIANCE OF THE SETBACK REQUIREMENTS OF SECTION 9- 7-1, B.R.C. 1981 AT 5400 SPINE ROAD OF GREG FAIR & JASON KRUSE / THE COLORADO GROUP, WHOSE MAILING ADDRESS IS 3434 47TH STREET, SUITE 220, BOULDER, COLORADO, 80301. On January 11, 2018, the City of Boulder Board of Zoning Adjustment, a quorum being present, held a public hearing, after giving notice as required by law, on the application for the following variance: 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. Based on our field investigation and the relevant testimony, exhibits, and other evidence introduced at the hearing, and in accordance with the applicable provisions of the Boulder Revised Code, 1981, we find by a preponderance of the evidence that the criteria for granting a variance have been met, and grant the variance as requested: This variance is limited to the use and structure for which it was requested, including the location on the lot and maximum height, as approved by the Board of Zoning Adjustment. This variance was approved by the vote of 4-0. EXECUTED this 11th day of January 2018, effective as of, January 11, 2018. Jill Lester, Presiding Officer of the Board at the Meeting By: __________________________________________ Robbie Wyler, Secretary to the Board of Zoning Adjustment This decision constitutes a final decision as of the date of the hearing at which it was reached. If a variance was granted, the variance expires within 180 (one hundred eighty) days from the date on which it were granted unless a building permit for such variance is applied for within such period. CITY OF BOULDER Planning and Development Services 1739 Broadway, Third Floor • P.O. Box 791, Boulder, Colorado 80306-0791 phone 303-441-1880 • fax 303-441-3241 • email plandevelop@bouldercolorado.gov www.boulderplandevelop.net BOZA Disposition of Approval Page 1 of 22 BOZA Disposition of Approval Page 2 of 22 BOZA Disposition of Approval Page 3 of 22 BOZA Disposition of Approval Page 4 of 22 BOZA Disposition of Approval Page 5 of 22 BOZA Disposition of Approval Page 6 of 22 BOZA Disposition of Approval Page 7 of 22 BOZA Disposition of Approval Page 8 of 22 BOZA Disposition of Approval Page 9 of 22 BOZA Disposition of Approval Page 10 of 22 BOZA Disposition of Approval Page 11 of 22 BOZA Disposition of Approval Page 12 of 22 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 BOZA Disposition of Approval Page 13 of 22 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. BOZA Disposition of Approval Page 14 of 22 (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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