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4 - Disposition, #LUR2001-00031, 912 Grant Place~~% J~~'~ "'~~ 1, ~ 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@ci.boulder.co.us www.ci.boulder. co. us/pwplan/ MEMORANDUM TO: Peter Pollock, Planning Director FROM: Nan Johnson, Associate Planner, Planning & Development Services DATE: July 23, 2001 RE: Notice of Planning Department Disposition for LUR2001-00031 at 912 Grant Place Attached for your review and approval signature is the Staff Disposition for the LUR 200 1-0003 1: Diane Israel Residence application. The Planning Department disposition is for an annroval with conditions. A signed approval by the planning director will follow with a two week call up period by the Planning Board. The project site is located at 912 Grant Place and is zoned LR-E. The request is for an expansion (less than 10%) of the existing structure, which consists of a duplex. The duplex is not permitted in the LR-E District and is a non-conforming use. The request requires a Use Review for an expansion to a non-conforming use. The applicant requests to redesign the front porch and expand the rear of the building for a total addition of 225 square feet (60 s.f. to the porch and 165 s.f. to the rear), This addition falls within the 10% maximum floor area increase of an existing non-conforming use through a Use Review approval. The existing structure consists of 2,320 s.f, and the addition brings the total floor area to 2,545 s.f. The lot size is 6,250 s.f. The request meets all the criteria for the Use Review approval such that this expansion improves the physical appearance to the front porch-entry area of the sfizcture. While located within a potentially eligible historic district, the structure (built in 1924) does not appear to be contributing to the district according to the City's Historic Preservation Planner. Also, no increase in the number of bedrooms is proposed. Rather, a redesign of the oumer's residence on main level will occur that results in two less bedrooms and one added bathroom. The master bedroom will be enlarged, one bedroom will be converted to an office room, and another bedroom will be replaced with a new bathroom. The expansion does not increase the floor area of the apartment on the lower level. A carport will be created under the expanded master bedroom at Hie rear of the building. Two comments from the public were received. 1. Resident of 973 Grant Place catled 5/30/O1 to state the fotlowing: Opposes proposat to expand duplex at 912 Grant. Lots are already small. Concerned about big houses. Houses are getting too big for the lots and have too little space between the buildings. Over time will not become sustainable, af£ordable, single-family housing. Afraid the homes and neighborhood will become student housing. Have lived in current house since 1966. The size of house on a lot makes a difference. Losing the relation to the gardens and other space; less of it. Can support the front porch addition if it is within their setback and does not add living space to the house. Porches contribute to the neighborhood, but again, if they are not used to house more people. 2. Letter from Frances Dahlberg, 959 Grant Place, Boulder dated June 1 ~`, 2001 reads: "I am opposed to this addition. Houses in this immediate area are already becoming ever larger while the lots stay the same size. If Ms. Israel is adding to her own space, she could take part of the rented section of her duplex. If she is expanding the rented section, this overcrowds an already very crowded neighborhood. The parking situation here is intense with many houses having 3 or more cars and no off street parking. The ground is also quite crowded with houses which seem to be getting bigger and bigger and their associated `studios' as well." Staff has reviewed these concerns with the criteria for non-conforming uses and has found the following. • An Applicant may be permitted up to a 10% increase in floor area under a Use Review, if the criteria can be met per Sections 9-4-9 and 9-3.5-3 of the code. • The proposal would not increase the number of people in the household, nor the size of the existing apartment on the lower level. Staff has added a condition to the approval of the Use Review that will limit the apartment occupancy to the existing one tenant for that unit. • Staff has looked into the possibility of the Accessory Dwelling Unit (ADU) for the owner. However, the number of ADU's in that area has already reached the maximum limit. • The redesign of the front porch area will improve the appearance making the residence more compatible with the neighboring homes along Grant Place. • This expansion will meet all setback requirements. No open space requirements exist for residential uses in this zoning district. Therefore, staff supports an approval with conditions for this disposition, CITY OF BOULDER PLANNING DEPARTMENT NOTICE OF DISPOSITION You are hereby advised that the following action was taken by the Planning Department based on the standards and criteria of the Land Use Regulations as set forth in Chapter 9-4, B.R.C. 1981, as applied to the proposed development. DECISION: APPROVED WITH CONDITIONS PROJECT NAME: DIANE ISRAEL RESIDENCE DESCRIPTION: NON-CONFORMING USE REVIEW: Addition of 225 square feet to anon-conforming duplex in LR-E Zoning District. LOCATION: 912 GRANT PL COOR: N01 W07 OWNER: DIANE ISRAEL APPLICATION: Use Review Case # LUR2001-00031. ZONING: LR•E (Low Density Residential-Established) CASE MANAGER: Nan Johnson VESTED PROPERTY RIGHT: NO; the owner has waived the opportunity to create such right under Section 9-4-12, B.R.C. 1981. FOR CONDITIONS OF APPROVAL, SEE THE FOLLOWING PAGES OF THIS DISPOSITION. Approved on: ~( ~ ~Q ~ Date By: ~~',!~(=~~ Peter Pollock, Planning Director This decision may be appealed to the Planning Board by filing an appeal letter with the Planning Department within two weeks of the decision date. If no such appeal is filed, the decision shall be deemed final fourteen days after the date above mentioned. Appeal to Planning Board expires: ~'~ ~} x001 IN ORDER FOR A BUILDING PERMIT APPLICATION TO BE PROCESSED FOR THIS PROJECT, A SIGNED DEVELOPMENT AGREEMENT AND SIGNED MYLAR PLANS MUST BE SUBMITTED TO THE PLANNING DEPARTMENT WITH DISPOSITION CONDITIONS AS APPROVED SHOWN ON THE MYLAR PLANS, IF THE DEVELOPMENT AGREEMENT IS NOT SIGNED W ITHIN SIXTY (60) DAYS OF THE FINAL DECISION DATE, THE PLANNING DEPARTMENT APPROVAL AUTOMATICALLY EXPIRES. Address: 912 GRANT PL Pursuant to Section 9-4-8 of the Land Use Regulations (Boulder Revised Code, 1981), the applicant must begin and substantially complete the approved development within three years from the date of final approval. Failure to "substantially complete" (as defined in Section 9-4-8) the development within three years shall cause this development approval to expire. CONDITIONS OF APPROVAL 1. The Applicant shall be responsible for ensuring that the development shall be in compliance with all approved plans and written statements dated July 16, 2001 and on file in the City of Boulder Planning Department. Further, the Applicant shall ensure that the non-conforming use (duplex) is operated in compliance with the following restrictions: a. The Applicant will be limited to one tenant in the 549 s.f. apartment on the lower level of the duplex at any one time. 2. The Applicant shatl not expand or modify the approved use, except pursuant to Subsection 9-4-9(g), B.R.C. 1981. Address: 912 GRANT PL ~~~~~~ .~` Greetings: We are writing to notify you that the City of Boulder Building Services Center has received the following development review application: LOCATION: PROJECT NAME: DESCRIPTION: REVIEW TYPE: REVIEW NUMBER: APPLICANT: ZONING: CITY OF BOULDER Building Services Center t7398madyvey, Third Floor P. O. Box79t Boulder, Cobrado 803060791 Ptane 303.441-1880 • Fax 303.441.3241 xww.cLtxxdder.m.uslbulWirgservices May 26, 2001 912 GRANT PL DIANE ISRAEL RESIDENCE NON-CONFORMING USE REVIEW: Addition of 223 square feet to non-conforming duplex in LR-E Zoning District. Use Review LUR2001-00031 Diane Israel LR-E (Low Density Residential-Established) What is allowed on this properteT The project site is zoned LR-E, Low Density Residential-Established. This zoning category includes properties primer used for established detached residential development. Detached single-family dwelling units are allowed on this prod The applicant's residence is a duplex meaning the residence contains two dwelling units, each of which has direct acc to the outside. Duplexes are not permitted in the LR-E zoning district under the existing code (Boulder Revised Code B.R.C. 1981). Therefore, the duplex creates anon-conforming use on the property. For more information about this zoning, refer to the city's land use regulations at www.ci.boulderco.us/cao/brcititle9.h or contact the Building Services Center at 303-441-1880. Why is this review requiredT The applicant is requesting to add 223 square feet to the non-conforming residence at 912 Grant Place. Per Section 3.5-3, B.R.C. 1981 of the City's Land Use Regulations, a Use Review is required because the proposed modifications to an existing structure that is considered to contain a "non-conforming use." The residence is a duplex in a zoning di which does not allow duplexes. What are the criteria for reviewT The Planning Department will review the application for compliance with the Use Review criteria of Sections 9-3.5-3 and 9-4-9(d), B.R.C. 1981 of the City's Land Use Regulations. You can review these criteria in the city's land use regulations at www.ci.boulder.co.us/cao/brGfitle9.htm1 or contact ti Building Services Center at 303-441-1880. When will a decision be made? The timing of the development review process depends on several factors, including the complexity of the project and the number of times the proposal is revised. Staff welcomes inquiries and comments from the public throughout the review process. A decision on this application will not be made before the date below. Public comments will be considered in the city's initial response to the applicant if received before June 4, 2001. A decision on this application (an approval, denial, or approval with conditions) will be made by the Planning Department. Within two weeks of the date of the decision, it may be called up by the Planning Board or appealed by a citizen. If this occurs, the project will be scheduled for a Planning Board hearing within 60 days. Please note that a citizen appeal must be filed in writing in the Planning Department prior to the end of the two week call up period. /f you wish to receive notice of the decision or of any Planning Board hearings, contact the Planning Department's case manager (see below). How can I find out more? For more information or to comment on the application, contact the project's staff case manager Nan Johnson By Phone: 303-441-1880 By Mait: P.O. Box 791, Boulder, CO 80306 By FAX: 303-441-3241 By a-mail: BSCComment@ci.boulder.co.us Or review the project file at the City's Building Services Center, 1739 Broadway, 3rd floor during regular office hours (8:00 a.m. to 5:00 p.m. weekdays, except Tuesdays 10:00 a. m. to 5:00 p.m.). City of Boulder Vicinity Ma EucuD AvE r a m A ~ z o G Z I - - 'r0 ~ SUBJECT PROPERTY 91 2 GRANT PL AuaDRA AvE Ca.so,aDE AvE B A5 ELINE RD Locafion: 992 Granf f'! ~ ~ Re viewType: Use Review Proj Name: Diane Israel Residence blwpLink cayae\wa\Tci: TI~-n\m~iw rP-M.n Hi wy\ i RevlewNumber: LUR2009-00039 ll\U~/Y~Y~w~~~ ~'~~M1-{'. Appiicanf: Lynn Pfeffer 1:8400 == ~'~= ='-~ ~= ,~~ . n a ti ,v 5 d 0 LoT ~4 5P pR9itGE GOUNis °I IZ GRAN7 LAGS 1;x 15rINL hn=uuv~E: zaza sc pr ;svvlrioNO: ~a~cH bP `x+pf ReaR non. 145 sG (_~ 225 Za fY -'N[w'~i RUC{uRE _L 2545 ~iY NealuaLG9pi'~ I ApIKWr~i1W~ :,,~ r----------- ----- - ~UNbpr GrySriHC,FOUSL - I m iVV °~y ~ ~ yudN4~ uix~~fs ati€ I 0 u l _~ _KL.N~L UriYe Lut waLL nr HooSL _ ~~ q~g ~ iNC L a // / f J a s ~ - °°, k ' skyl.,xr - 'Liu poLw p rJ=y11o~~C exYrt~NG ~~vvvaa~~~ p x 6 1 us ~ Exls rcV iN(. W r _ - flv~LaeG GNwiLYm p1WN _ _ _ ~ _ _ . _ _ 4~0^ .~ - _, -~ ~' .' ~ tL%NY~NL ~'coHGRLtE W.>Lk- 1 6u ) / ~ - __ a~ISrIJG ~ e~n C ~ ro~b1W~~~IwLL -' /oFItREfC wMl, G EMeK ra rN v-o" f- - nq/cauc¢tE. eraes_ _ _ _ y_ai__ - __ - ___.-. _. - G[nri HC fPorF' I~ifING pE.k'E R~Nr rF Nas~ PROPERN I NFORMATION Legal Desr11p0an Lot 13, Block $ Rose HIB Addhion, Caatty of Badde, ~ state of Colorado 5ke Z LRE Flood Z X 1 Site area 6250 sf 1 ow~r _ _ __ -Diane Israel 912 Crant sweet souwer Colorado d Lynn Pfeffer -Designer 5 Pead Street Boulder Coorado 80302 teL 303 448 9447 stnravai engk~eertn Cebau Consulting Engineers 954 Peed Street Boulder Colorado 80302 tel 303 444 8545 fax 303 444 3140 general contractor RKB Construction Boulder Colorado 80302 tel 303 444 4336 «.~,~ a.~5..0.~..,,p~~ r[gL . ~ , ~h - ^t15n1lG GRavLL ~ 1 I . Y . 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