01.11.2018 BOZA Summary Minutes_signed CITY OF BOULDER
BOARD OF ZONING ADJUSTMENT
ACTION MINUTES
January 11, 2018,5 p.m.
1777 Broadway, Council Chambers
Board Members Present: Jill Lester(Chair), David Schafer, Michael Hirsch,
Ellen McCready
Board Members Absent: N/A
City Attorney Representing Board: Erin Poe
Staff Members Present: Robbie Wyler, Cindy Spence, Jay Sugnet
1. CALL TO ORDER:
J. Lester called the meeting to order at 5:02 p.m.
The board heard Item 31') (1)prior to the Board Hearing items.
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.
Staff Presentation:
R. Wyler presented the item to the board.
Board Questions:
R. Wyler answered questions from the board.
Applicant's Presentation:
Greg Fair, the applicant, Peter Weber, with Coburn Architecture, and Carol Adams, with
Studio Terra, presented the item to the board.
Board Questions:
Peter Weber, representing the applicant, answered questions from the board.
Public Hearing:
No one from the public addressed the board.
Board Discussion:
• M. Hirsch stated that the proposal would improve the parking, comply with a master
plan modification, change use, and the proposed patio would help integrate the building
with the surrounding residential. He would support the item.
• E. McCready agreed. She added the property next door has a very consistent setback and
would align with this location. The proposed landscape would be a significant
improvement.
• D. Schafer agreed. The plan would positively affect the quality of the existing
neighborhood.
• I Lester agreed.
Motion:
On a motion by E. McCready, seconded by D. Schafer,the Board of Zoning Adjustment
approved 4-0 the application(Docket 2017-23) as submitted.
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 1/4 inches where 29 feet 10 1/2 inches is required and 11 feet 9 1/4 inches exists
today. The resulting west interior side yard setback(from the new addition) will be
approximately 19 feet where 28 feet 2 3/4 inches is required and 10 feet 1 1/2 inches exists
today. Section of the Land Use Code to be modified: Section 9-7-1, BRC 1981.
Staff Presentation:
R. Wyler presented the item to the board.
Board Questions:
R. Wyler answered questions from the board.
Applicant's Presentation:
Marietta Axisa,the applicant,presented the item to the board.
Board Questions:
There were no questions from the board.
Public Hearing:
Peter Ewing spoke in support of the project.
Board Discussion:
• M. Hirsch stated that a need for the addition and a hardship have been clearly
demonstrated. He would support the proposal.
• D. Schafer stated that the proposed solution would not affect the neighborhood.
• E. McCready agreed. She appreciated the included analysis with the application.
• J. Lester said the proposal is very straight forward and would support it.
Motion:
On a motion by D. Schafer, seconded by M. Hirsch, the Board of Zoning Adjustment
Uproved 4-0 the application(Docket 2017-24) as submitted.
3. GENERAL DISCUSSION:
A. Approval of Minutes
On a motion by D. Schafer, seconded by J. Lester, the Board of Zoning Adjustments
voted 4-0 to approve the November 9, 2017 minutes.
B. Matters from the Board
• J. Lester informed the board that she would not be attending the February 8, 2018
BOZA meeting.
• The board conducted a brief overview regarding the ADU discussion held at the
beginning of the meeting and the submittal of a Letter to Council.
C. Matters from the City Attorney
• There were no 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.
Staff Presentation:
J. Sugnet presented the item to the board.
Board Discussion:
• J. Lester disclosed that she had been contacted by Council Member Mary Young
and will be discussing the ADU matter with her directly. She asked the other
BOZA members to assist her with information as to why BOZA did not submit a
Letter to Council, specifically addressing the ADU matter and process. She stated
that City Council said they would like to table this matter. J. Lester said that she
would hate to lose any momentum regarding the ADU process and get some
feedback from the board to take to Council Member Young.
• E. McCready said that BOZA has addressed ADUs and their inconsistencies in
past Letters to Council, recently as last year. From this board's standpoint, it is
important to have clarity regarding the interpretation of the criteria for
ADU/OAUs, as it is for variances.
j • M. Hirsch added that the criteria surrounding ADU/OAUs needs to be done
correctly and properly. Therefore, it would be better to see a proper ordinance
than a rushed ordinance.
• J. Lester said that currently, the process is not being rushed. Generally, she
would like to see the criteria cleaned up.
• D. Schafer said that it would be worth the prioritization of that attention to clarify
the regulations because it could become a solution to solving Boulder's housing
problem. Currently, it feels arbitrary and borders on unfair based on what is
p allowable across the city.
• M. Hirsch stated that he has been concerned regarding where ADU/OAU would
be allowed and who would benefit.
• E. McCready stated the regulation of 450 square foot vs. building coverage has
been confusing. She questioned at what level would someone come to BOZA for
a variance vs. something that staff could review. The five-year requirement could
be re-examined regarding new construction vs. speculative.
• J. Lester suggested creating a ratio to create ADUs to avoid duplex situations.
• M. Hirsch said the ratio of roof to floor area seems very ridged. He would like to
see more diversity in how that regulation is written.
• J. Lester summarized that the board would like to remind City Council that the
ADU/OAU discussion should be a priority and to continue the momentum.
4. ADJOURNMENT:
There being no further business to come before the board at this time, BY MOTION
REGULARLY ADOPTED, THE MEETING WAS ADJOURNED AT 6:39 P.M
APPROVED BY
B
DATE