2018-01_5271 E. Euclid Ave_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 2018-01
CONCERNING THE APPLICATION FOR A VARIANCE OF THE SETBACK REQUIREMENTS OF SECTION 9-
7-1, B.R.C. 1981 AT 5271 E. EUCLID AVENUE OF LUKE JACOBS, WHOSE MAILING ADDRESS IS 5271 E.
EUCLID AVENUE, BOULDER, CO 80303.
On February 8, 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 turn a 1-car attached garage into a 2-car attached garage, the applicant is requesting
a variance to the west interior side yard setback in order to meet the combined side yard setback requirements of the
RE zoning district. The resulting west side yard setback will be approximately 10 feet where 17 feet is required and
approximately 20.2 feet exists today. Section of the Land Use Code to be modified: Section 9-7-1, 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 3-0 (E. McCready absent).
EXECUTED this 8th day of February 2018, effective as of, February 8, 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 26
Revised May 2017
400.pdf
City of Boulder Planning and Development Services
1739 Broadway, third floor • PO Box 791 • Boulder, CO 80306
Phone: 303-441-1880 • Fax: 303-441-3241 • Web: boulderplandevelop.net
BOARD OF ZONING ADJUSTMENT (BOZA)
VARIANCE APPLICATION
APPLICATION DEADLINE IS 4:00 P.M. ON THE THIRD WEDNESDAY OF EACH MONTH.
MEETING DATE IS 5:00 P.M. ON THE SECOND THURSDAY OF THE FOLLOWING MONTH.
Submittal of inaccurate or incomplete information will result in rejection of the application.
STAFF USE ONLY
Doc. No. _______________ Date Filed _________________Zone______________Hearing Date _____________
Application received by: Date Fee Paid Sign(s) Provided
GENERAL DATA
(To be completed by the applicant.)
• Street Address or General Location of Property:
• Legal Description: Lot Block Subdivision (Or attach description.)
• Existing Use of Property:
• Description of proposal:
*Total floor area of existing building: *Total gross floor area proposed:
*Total building coverage existing: *Total gross building coverage proposed:
*Building height existing: *Building height proposed:
*See definitions in Section 9-16-1, B.R.C. 1981.
Name of Owner:
• Address: Telephone:
• City: State: Zip Code: Email:
Name of Contact (if other than owner):
• Address: Telephone:
• City: State: Zip Code: Email:
BOZA Disposition of Approval Page 2 of 26
2
APPLICATION TYPES
Setback, building separation, bulk plane, building coverage, porch setback and
size, and side yard wall articulation
Sign Variance
Mobile Home Spacing Variance
Size and parking setback requirements for accessory units
Use of mobile homes for non-residential purposes
Parking in landscaped front yard setback
APPLICATION REQUIREMENTS
As a minimum, the following items MUST be attached, collated and hereby made a
part of this application:
• If applicant is other than owner(s), a written consent of the owner(s) of the property
for which the variance is requested;
• A written statement thoroughly describing the variance request and addressing all
pertinent review criteria for approval - see following pages (3 copies);
• A signed and stamped Improvement Location Certificate or Site Improvement
Survey and legal description by a registered surveyor (3 copies);
• A site development plan including setbacks, elevations, interior layout/floor plans
and any other pertinent exhibits (3 copies);
• A demolition plan clearly differentiating between existing/remaining and proposed
portions of the structure(s) (3 copies);
• Any other information pertinent to the variance request (e.g. neighbor letters,
photos, renderings, etc.) (3 copies);
• Sign Posting Acknowledgement Form - see last page.
NOTE: The applicant is responsible for posting the property in compliance with city
requirements. Signs will be provided to the applicant at the time of submission of
the application. The applicant will be responsible for posting the required sign(s)
within 10 days of the hearing date. Failure to post the required sign(s) may result in
the postponement of the hearing date.
• An electronic file(s) of all materials must be submitted on a CD or thumb drive with
your application;
• An application fee (as prescribed in Section 4-20-43, B.R.C. 1981);
NOTE: SEE SECTION 9-2-3(l), B.R.C. 1981 FOR VARIANCE EXPIRATION INFORMATION
Applicant Signature ______________________________________Date__________
Owner (if other than Applicant) Signature _________________________Date__________
BOZA Disposition of Approval Page 3 of 26
3
CITY OF BOULDER
Planning and Development Services
1739 Broadway, third floor • P.O. Box 791, Boulder, Colorado 80306
Phone: 303-441-1880 • Fax: 303-441-3241
E-mail: plandevelop@bouldercolorado.gov • Web: www.boulderplandevelop.net
NOTICE TO APPLICANTS
Dear Applicant,
As you begin to prepare your “Variance Application,” the Board of Zoning Adjustment
would like to offer you some information a nd suggestions that we hope you will find
helpful. (These comments are directed primarily to those seeking setback adjustments. If
you are requesting another type of variance from the board, please contact Planning and
Development Services.)
The Board of Zoning Adjustment is made up of five members who are appointed to five-
year terms by the Boulder City Council. Our purpose is to grant or deny your application for
a variance. Our rules and procedures require a positive vote of three members of the board
in order for your application to be approved. If one member of the board is absent or
removes himself or herself from the hearing, a vote of two in favor and two opposed has
the same effect as denial. However, in this case, you are automatically entitled t o present
the application again at the next scheduled meeting.
Please also note that the board is not a policy-making board such as the City Council or
Planning Board. The purpose of the Board of Zoning Adjustment is to implement policy.
So, while we understand that there may be social/ economic/ political issues that you
believe are relevant to your application, those issues are not part of the criteria by which
your application will be judged.
Remember that you are asking the board to change the “standard” code requirements for
you because of your unique situation. It is important for you to realize that the “burden of
proof” lies with you, and that only if you are successful in convincing us that you have met
the criteria, will you receive the variance that you are requesting. Please be as complete as
you can in furnishing us the necessary information to properly consider your application.
Depending on the complexity or scale of the project, you might consider providing
information in addition to that required by the “Application Requirements.” This additional
information could include renderings (artistic-type drawings that are often in color), models,
and written information as to the existing and proposed square footage of the structure.
Lastly, the board tries to maintain a relaxed, somewhat informal atmosphere. However,
we are a quasi-judicial board, and our decisions are for all intents and purposes final, and
the only appeal of our decision is in District Court, provided that appeal is filed within 30
days from the date of our decision. Also, you should keep in mind that if your request is
denied because you have, in our opinion, failed to meet one of more of our criteria, you
may not resubmit the same request for a variance for one year, unless it c ontains
“substantial” revisions.
BOZA Disposition of Approval Page 4 of 26
4
While you can be assured that we will give you and any other parties a full hearing, we
occasionally must end discussion either when the discussion is not providing any new
information or when practical time constraints require us to move on.
Planning and Development Services can provide you with additional information and input
for the application. We suggest that you schedule a review of your application with the staff
and allow yourself enough time to take their comments into account. The staff will let you
know their recommendation to the board if you contact them 48 hours prior to the hearing
time. Please do not contact board members prior to the meeting to discuss your case. We
can only answer the most general procedural questions and are not permitted to discuss
the specifics of you case.
We hope these comments are helpful in the preparation of your application.
Sincerely,
Board of Zoning Adjustment
Section 9-2-3 (d) B.R.C. (1981)
(d) Board of Zoning Adjustment (BOZA): The BOZA may grant variances from the
requirements of:
(1) Setback and separation requirements listed in section 9 -7-1, "Schedule of Form and
Bulk Standards," B.R.C. 1981;
(2) The building coverage requirements of chapter 9-10, "Nonconformance Standards,"
B.R.C. 1981;
(3) The spacing requirements for mobile homes of section 9-7-10, "Mobile Home Park
Form and Bulk Standards," B.R.C. 1981;
(4) The porch setback and size requirements of section 9 -7-4, "Setback Encroachments
for Front Porches," B.R.C. 1981;
(5) The size and parking setback requirements for accessory units of subsection 9-6-
3(a), B.R.C. 1981;
(6) The total cumulative building coverage requirements for accessory buildings of
section 9-7-8, "Accessory Buildings in Residential Zones," B.R.C. 1981;
(7) The use of a mobile home for nonresidential purposes subject to the requirements of
subsection 10-12-6(b), B.R.C. 1981;
(8) The parking requirements of subsection 9-9-6(d), B.R.C. 1981, with regards to
parking in landscaped front yard setbacks;
(9) Sign code variances and appeals as permitted by subsection 9-9-21(s), B.R.C.
1981; and
In granting any variance, the board may attach such reasonable conditions and safeguards
as it deems necessary to implement the purposes of this title.
BOZA Disposition of Approval Page 5 of 26
5
BOZA VARIANCE CRITERIA
(h) CRITERIA FOR VARIANCES
The BOZA may grant a variance only if it finds that the application satisfies all of the
applicable requirements of paragraph (1), (2), (3), or (4) of this Subsection and the
requirements of paragraph (5) of this Subsection.
(1) Physical Conditions or Disability
(A) There are:
(i) 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; or
(ii) There is a physical disability affecting the owners of the
property or any member of the family of an owner who
resides on the property which impairs the ability of the
disabled person to utilize or access the property; and
(B) The unusual circumstances or conditions do not exist
throughout the neighborhood or zoning district in which the
property is located; and
(C) Because of such physical circumstances or conditions the
property cannot reasonably be developed in conformity with the
provisions of this chapter; and
(D) Any unnecessary hardship has not been created by the
applicant.
(2) Energy Conservation
(A) The variance will permit construction of an addition to a building
that was constructed on or before January 1, 1983;
(B) The proposed addition will be an integral part of the structure of
the building;
(C) The proposed addition will qualify as a "solar energy system" as
defined in Section 9-16, "Definitions," B.R.C. 1981, or will
enable the owner of the building to reduce the net use of energy
for heating or cooling purposes by a minimum of 10% over the
course of a year of average weather conditions for the entire
building; and
(D) The costs of constructing any comparable addition within
existing setback lines so as to achieve comparable energy
purposes would be substantially greater than the cost of
constructing the addition which is proposed for the variance.
BOZA Disposition of Approval Page 6 of 26
6
(3) Solar Access
(A) The volume of that part of the lot in which buildings may be built
consistent with this code has been reduced substantially as a
result of the provisions of Section 9-9-17, "Solar Access," B.R.C.
1981;
(B) The proposed building or object would not interfere with the
basic solar access protection provided in Section 9-9-17, "Solar
Access," B.R.C. 1981; and
(C) The volume of the proposed building to be built outside of the
building setback lines for the lot will not exceed the amount by
which the buildable volume has been reduced as a result of the
provisions of Section 9-9-17, "Solar Access," B.R.C. 1981.
(4) Designated Historic Property
The property could be reasonably developed in conformity with the provisions
of this chapter, but the building has been designated as an individual
landmark or recognized as a contributing building to a designated historic
district. As part of the review of an alteration certif icate pursuant to Chapter
9-11, "Historic Preservation," B.R.C. 1981, the approving authority has found
that development in conforming locations on the lot or parcel would have an
adverse impact upon the historic character of the individual landmark or the
contributing building and the historic district, if a historic district is involved.
(5) Requirements for All Variance Approvals
(A) Would not alter the essential character of the neighborhood or
district in which the lot is located;
(B) Would not substantially or permanently impair the reasonable
use and enjoyment or development of adjacent property;
(C) Would be the minimum variance that would afford relief and
would be the least modification of the applicable provisions of
this title; and
(D) Would not conflict with the provisions of Section 9-9-17, "Solar
Access," B.R.C.1981.
(i) FLOOR AREA VARIANCES FOR ACCESSORY DWELLING UNITS
The BOZA may grant a variance to the maximum floor area allowed for an
accessory dwelling unit under Subsection 9-6-3(a) "Accessory Units," B.R.C. 1981,
only if it finds that the application satisfies all of the following applicable
requirements:
(1) That the interior configuration of the house is arranged in such a manner that
the space to be used as the accessory dwelling unit cannot feasibly be divided
in conformance with the size requirements;
(2) That the variance, if granted, meets the essential intent of this title, and would
be the minimum variance that would afford relief; and
BOZA Disposition of Approval Page 7 of 26
7
(3) That the strict application of the provisions at issue would impose an undue
and unnecessary hardship on the individual and that such hardship has not
been created by the applicant.
(j) VARIANCES FOR PARKING SPACES IN FRONT YARD SETBACKS
The BOZA may grant a variance to the requirements of Section 9-9-6, “Parking
Standards,” to allow a required parking space to be located within the front yard
setback if it finds that the application satisfies all of the following requirements:
(1) The dwelling unit was built in a RR-1, RR-2, RE, or RL-1 zoning district.
(2) The dwelling unit originally had an attached carport or garage that met the off-
street parking requirements at the time of initial development or, at the time of
initial construction, an off -street parking space was not required and has not
been provided;
(3) The garage or carport was converted to living space prior to January 1, 2005;
(4) The current property owner was not responsible for the conversion of the
parking space to living area and can provide evidence as such;
(5) A parking space in compliance with the parking regulations of Section 9-9-6
cannot reasonably be provided anywhere on the site due to the location of
existing buildings, lack of alley access, or other unusual physical conditions;
(6) Restoring the original garage or carport to a parking space would result in a
significant economic hardship when comparing the cost of restoration to the
cost of any other proposed improvements on the site; and
(7) The proposed parking space to be located within the front yard setback space
shall be paved, shall comply with Section 9-9-5, “Site Access Control,” shall
not be less than 9 feet in width or more than 16 feet in width, and shall not be
less than 19 feet in length. No parking space shall encroach into a public right
of way or obstruct a public sidewalk.
SIGN CODE VARIANCE CRITERIA
(Excerpt from Section 9-9-21(s), B.R.C. 1981)
(s) APPEALS AND VARIANCES
(1) Any aggrieved person who contests an interpretation of this chapter which
causes denial of a permit, or who believes a violation alleged in a notice of
violation issued pursuant to paragraph 9-9-21(t)(2) or (3), B.R.C. 1981, to be
factually or legally incorrect, may appeal the denial or notice of violation to the
BOZA or Board of Building Appeals in a manner provided by either such
board under the procedures prescribed by Chapter 1-3, “Quasi-Judicial
Hearings,” B.R.C. 1981, or may, in the case of a denial, request that a
variance be granted. An appeal from a denial and a request for a variance
may be filed in the alternative.
BOZA Disposition of Approval Page 8 of 26
8
(A) An appeal from an interpretation which causes denial of a permit or
from a notice alleging a violation of Subsections 9-9-21(l), “Structural
Design Requirements,” 9-9-21(m), “Construction Standards,” 9-9-
21(n), “Electric Signs,” and 9-9-21(o), "Sign Maintenance,” B.R.C.
1981, shall be filed with the BOZA.
(B) An appeal from any other interpretation alleging any other violation of
this chapter shall be filed with the BOZA.
(C) An appellant shall file the appeal, request for variance, or both in the
alternative with the BOZA within fifteen days from the date of notice of
the denial or the date of service of the notice of violation. The appellant
may request more time to file. If the appellant makes such request
before the end of the time period and shows good cause therefore, the
City Manager may extend for a reasonable period the time to file with
either board.
(2) No person may appeal to or request a variance from the BOZA if the person
has displayed, constructed, erected, altered, or relocated a sign without a
sign permit required by paragraph 9-9-21(b)(2), B.R.C. 1981. The boards
have no jurisdiction to hear an appeal nor authority to grant any variance from
the permit requirements of this chapter. But the BOZA has jurisdiction to hear
an appeal of a notice of violation alleging violation of the permit requirements
if the appeal is from the manager’s interpretation that a permit is required, and
the appellant’s position is that the device is not a sign or that it is exempt from
the permit requirements under Subsection 9-9-21(c), “Signs Exempt from
Permits,” B.R.C. 1981.
(3) An applicant for an appeal or a variance under this Section shall pay the fee
prescribed by Subsection 4-20-47(b), B.R.C. 1981.
(4) Setbacks, spacing of freestanding and projecting signs, and sign noise
limitations are the only requirements which the BOZA may vary. If an
applicant requests that the BOZA grant such a variance, the board shall not
grant a variance unless it finds that each of the following conditions exists:
(A) There are special physical circumstances or physical conditions,
including, without limitation, buildings, topography, vegetation, sign
structures, or other physical features on adjacent properties or within
the adjacent public right of way that would substantially restrict the
effectiveness of the sign in question, and such special circumstances
or conditions are peculiar to the particular business or enterprise to
which the applicant desires to draw attention and do not apply
generally to all businesses or enterprises in the area; or
(B) For variances from the noise limitations of subparagraph 9-9-
21(b)(3)(L), “Sound,” B.R.C. 1981, the proposed variance is temporary
in duration (not to exceed 30 days) and consists of a temporary
exhibition of auditory art; and
(C) The variance would be consistent with the purposes of this chapter and
would not adversely affect the neighborhood in which the business or
enterprise or exhibition to which the applicant desires to draw attention
is located; and
BOZA Disposition of Approval Page 9 of 26
9
(D) The variance is the minimum one necessary to permit the applicant
reasonably to draw attention to its business, enterprise, or e xhibition.
(5) If an applicant requests that the Board of Building Appeals approve alternate
materials or methods of construction or modifications from the requirements
of Subsections 9-9-21(l), “Structural Design Requirements,” 9-9-21(m),
“Construction Standards,” 9-9-21(n), “Electric Signs,” and 9-9-21(o), “Sign
Maintenance,” B.R.C. 1981, the board may approve the same under the
standards and procedures provided in the city building code, Chapter 10-5,
“Building Code,” B.R.C. 1981.
(6) Except as provided in Subsection (8) of this Section, the BOZA has no
jurisdiction to hear a request for nor authority to grant a variance that would
increase the maximum permitted sign area on a single property or building, or
from the prohibitions of paragraph 9-9-21(b)(3), “Specific Signs Prohibited,”
B.R.C. 1981. But the BOZA has jurisdiction to hear an appeal of a permit
denial or of a notice of violation alleging that a sign would exceed the
maximum permitted sign area or is prohibited if the appellant’s position is that
the sign does not exceed such area or is not prohibited by such Subsection.
(7) The BOZA or Board of Building Appeals may make any variance or alternate
material or method approval or modification it grants subject to any
reasonable conditions that it deems necessary or desirable to make the
device that is permitted by the variance compatible with the purposes of this
chapter.
(8) The City Manager’s denial or notice of violation becomes a final order of the
BOZA or Board of Building Appeals if:
(A) The applicant fails to appeal the manager’s denial or order to the board
within the prescribed time limit;
(B) The applicant fails to appeal the order of the board to a court of
competent jurisdiction within the prescribed time limit; or
(C) A court of competent jurisdiction enters a final order and judgment
upon an appeal filed from a decision of the board under this chapter.
Ordinance No. 5377 (1991).
BOZA Disposition of Approval Page 10 of 26
SIGN POSTING REQUIREMENTS
APPLICANT’S ACKNOWLEDGMENT FORM
Required for Certain Land Use Review, Administrative Review, Technical Document Review, and Board of
Zoning Adjustment Applications
I, , am filing a Land Use Review, Administrative Review, Technical
for the property
(PRINT PROPERTY ADDRESS OR LOCATION)
and agree to the following:
1. I understand that I must use the sign(s) that the city will provide to me at the time that I file my application. The sign(s)
will include information about my application and property location to provide required public notice.
2. I am responsible for ensuring that the sign(s) is posted on the property described above in such a way that meets the
requirements of Section 9-4-3(c), B.R.C. 1981 (listed above), including visibility of the sign(s) and time and duration of the
sign(s) posting, and including reposting any signs that are removed, damaged, or otherwise displaced from the site. As
necessary, I shall obtain a replacement sign(s) from the city for reposting.
3. I understand that certain future changes to my application, including but not limited to, changes to the project description
or adding a review type, may require that I post a new sign(s). The city will notify me if such a reposting is required and
provide me with a necessary replacement sign(s).
4. I understand that failing to provide the public notice by sign posting required by the city’s land use regulation may result
in a delay in the city’s issuing a decision or a legal challenge of any issued decision.
NAME OF APPLICANT OR CONTACT PERSON DATE
Please keep a copy of this signed form for your reference. If you have any questions about the sign posting requirements or to
obtain a replacement sign, please call 303-441-1880.
CITY CODE REQUIREMENT FOR SIGN POSTING OF LAND USE REVIEW APPLICATIONS -
Excerpt of Section 9-4-3(c), B.R.C. 1981: Public Notice of Application: The city manager will provide the following public
notice of a development review application:
(1) Posting: After receiving such application, the manager will cause the property for which the application is filed to be posted with a
notice indicating that a development review application has been made, the type of review requested, and that interested persons may
obtain more detailed information from the planning department. The notice shall meet the following standards:
(A) The notice shall be place on weatherproof signs that have been provided by the City and placed on the property that is
the subject of the application.
(B) All such notice shall be posted no later than ten days after the date the application is filed to ensure that notice is posted
early in the development review process.
(C) The signs shall be placed along each abutting street, perpendicular to the direction of travel, in a manner that makes
them clearly visible to neighboring residents and passers-by. At least one sign shall be posted on each street frontage.
(D) The signs shall remain in place during the period leading up to a decision by the approving authority, but not less than
ten days.
(E) On or before the date that the approving authority is scheduled to make a decision on the application the city manager
will require the applicant to certify in writing that required notice was posted according to the requirements of this section.
(PRINT NAME OF APPLICANT OR CONTACT PERSON)
Document Review, or BOZA application [on behalf of]
located at
(PRINT NAME OF OWNER(S) IF OTHER THAN APPLICANT/CONTACT)
. I have read the city's sign posting requirements above and acknowledge
BOZA Disposition of Approval Page 11 of 26
1 of 4
Luke
Jacobs
5271
East
Euclid
Avenue
Boulder,
CO
80303
(303)
378-‐9662
lasal_luke@yahoo.com
January
16,
2018
City
of
Boulder
Planning
&
development
Services
1739
Broadway,
3rd
Floor
Boulder,
CO
80306
(303)
441-‐1880
boulderplandevelop.net
RE:
BOZA
Application
For
5271
East
Euclid
Avenue/Setback
Addition
To
Whom
It
May
Concern:
I
respectfully
submit
my
application
for
review
to
expand
our
existing
single
car
garage
to
a
two-‐car
garage,
with
a
10’
conforming
setback
on
the
west
side
of
the
home.
My
wife
and
I
purchased
5271
East
Euclid
in
July
2017.
This
is
a
ranch
style
home
with
an
attached
single
car
garage,
built
in
1963.
The
lot
is
14,000
sq
ft.,
and
the
square
footage
of
our
home
is
2122,
both
average
to
slightly
below
average
in
size.
With
the
birth
of
our
second
son,
11/26/17,
we
have
found
it
increasingly
difficult
and
unsafe
to
load
and
unload
our
children
in
the
tight
confines
of
our
small
one
car
garage.
Safety
is
especially
compromised,
and
loading
and
unloading
very
difficult,
when
acting
in
a
single
parent
capacity
(e.g.,
one
parent
is
at
work)
with
the
car
parked
outside.
Cars
drive
exceedingly
fast
down
East
Euclid,
cutting
the
corner
between
Baseline
and
55th,
posing
a
serious
safety
concern.
Anyone
with
any
toddler
experience
can
attest
to
how
quick
and
unpredictable
these
little
people
can
be.
A
garage
expansion/addition
will
give
us
the
ability
to
confidently
load/unload
our
children
into
both
cars
in
the
confines
of
a
safe
environment,
sheltered
from
the
elements
(e.g.,
rain,
snow,
ice),
free
from
hazardous
clutter
(e.g.,
bikes,
strollers,
lawn
equipment),
and
most
of
all,
free
from
the
hazards
of
road
traffic.
The
following
addresses
the
BOZA
variance
criteria:
BOZA
VARIANCE
CRITERIA
(h)
CRITERIA
FOR
VARIANCES
(1)
Physical
Conditions
or
Disability
(A)
(i)
5271
was
constructed
in
1963,
and
annexed
in
1975
under
different
regulations.
The
east
side
yard
setback
is
8’,
which
while
BOZA Disposition of Approval Page 12 of 26
2 of 4
conforming
to
the
regulations
in
the
1960’s
became
non-‐conforming
during
annexation
with
the
‘75
regulations.
The
proposal
is
for
a
10’
conforming
setback
on
the
west
side
yard
to
build
a
non-‐occupied
garage
addition/extension.
If
the
east
side
yard
setback
was
conforming
to
‘75
regulations
(10’),
there
would
be
more
flexibility
on
what
could
be
done
on
the
west
side
yard
setback
(which
is
currently
20.2’),
enabling
the
garage
extension
to
be
evaluated
under
an
Administrative
Review.
The
garage
extension
will
meet
the
new
regulations
of
a
10’
setback
on
the
west
(proposed)
side,
but
not
the
overall
combined
setback
of
25’.
5271
is
thus
limited
under
the
newer,
super
imposed
side
yard
setbacks,
as
apposed
to
the
original
zoning
that
existed
when
the
house
was
built.
Current
zoning
within
the
zoning
district
requires
one
off-‐street
parking
space
as
a
minimum
for
development,
but
does
not
seek
to
limit
parking
to
one
space.
The
lot
was
subdivided
according
to
the
Boulder
County’s
guidelines
in
the
1960s.
Minimum
lot
sizes
have
since
been
increased,
and
as
a
result
the
site
area
is
smaller
than
would
be
permitted
today,
but
the
home
remains
quite
modest.
Current
maximum
build
coverage
calculations
allow
more
than
3,500
sq
ft.
The
applicant’s
home,
including
the
proposed
garage
addition,
will
be
less
than
2,730sq
ft.
and
only
one
story
in
height.
Within
the
neighborhood,
and
throughout
Boulder,
a
two-‐car
garage
is
most
common,
and
in
this
case
a
two-‐car
garage
has
quickly
become
a
necessary
part
of
a
safe
home
for
the
applicant’s
family.
(ii)
The
motivation
for
this
setback
addition
proposal
is
the
safety
and
well
being
of
the
applicant’s
family.
The
loading
and
unloading
into
vehicles
of,
presently,
a
two
year
old
and
a
newborn
in
the
safety
of
a
closed
and
secure
environment
is
of
primary
concern.
(B)
5271
is
unique.
Homes
in
this
neighborhood
were
built
in
conformance
with
regulations
of
8’
side
yard
setbacks,
although
the
applicants
home
has
a
20’+
side
yard
setback
on
the
west
(proposed)
side.
Presently
83%
of
existing
neighborhood
homes
shown
on
sheet
A-‐1,
“Partial
Neighborhood
Plan”,
include
a
2
or
2+
car
garage.
Additionally,
most
of
the
homes
have
8’
side
yard
setbacks
on
both
sides.
The
requested
variance
for
this
garage
addition
requires
no
encroachment
into
a
conforming
10’
side
yard
setback,
and
will
more
closely
align
with
the
overall
character
of
the
neighborhood.
(C)
100%
of
existing
neighborhood
homes
shown
on
Site
&
Demolition
Plan,
A1,
“Existing
Neighborhood
Study”,
have
garages
located
along
the
front
yard
setback.
No
garages
are
detached,
and
no
garages
are
located
to
the
interior
or
the
rear
of
the
property.
Furthermore,
a
garage
proposed
at
any
other
location
on
the
property,
including
driveway,
etc.,
would
increase
the
overall
construction
footprint
(approx.
500
sq
ft),
utilize
more
resources,
result
in
tree
removal/elimination,
potentially
affect
flood
waters,
and
not
maintain
the
BOZA Disposition of Approval Page 13 of 26
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essential
character
of
the
neighborhood
and
the
existing
architectural
aesthetics.
A
garage
located
at
any
other
location
will
not
be
consistent
with
the
direct
needs
of
this
proposal,
which
is
to
have
a
safe
and
secure
environment
in
which
to
load/unload
children.
An
existing
garage
extension
is
the
best,
least
impactful
solution.
(D)
Constructed
in
1963,
the
east
side
yard
setback
was
consistent
with
1960’s
regulations.
Purchased
in
this
condition
by
applicant
in
July
2017,
5271
is
now
subject
to
new,
more
restrictive
regulations.
(5)
Requirements
for
All
Variance
Approvals
(A)
An
attached
two-‐car
garage
accessed
from
the
street
is
most
typical
within
the
neighborhood.
As
previously
mentioned,
83%
of
the
existing
neighborhood
homes
include
a
2
or
2
+
garage.
5271
is
one
of
the
few
houses
in
the
neighborhood
that
does
not
utilize
the
original
8’
setback
on
the
west
side
of
the
structure,
which
was
set
forth
in
the
original
development
regulations
prior
to
annexation.
The
proposal
of
a
10’
setback
will
be
consistent
with
existing
regulations,
and
will
also
“balance”
the
essential
character
of
the
neighborhood
by
more
closely
resembling
the
original
zoning
represented
throughout
the
neighborhood.
Both
adjacent
houses,
5251
and
5283,
have
8’
setbacks,
in
addition
to
almost
all
houses
in
the
neighborhood,
including
the
neighbors
directly
across
the
street.
At
present
5271
has
20’2”
between
the
existing
structure
and
the
8’
setback
at
5251
(the
adjacent
neighbor
directly
west
of
the
proposed
variance).
(B)
This
proposal
meets
the
10’
side
yard
setback
regulations.
The
adjacent
property
has
an
8’
setback.
The
combined
setback
between
5271
and
the
adjacent
home
will
be
18’,
more
than
most
of
the
homes
in
the
neighborhood.
The
proposed
garage
addition
will
be
a
single
story
wood
frame
on
spread
footing
covered
with
a
facade
of
wood
siding
and
roofed
in
asphaltic
shingles
to
match
the
existing
neighborhood
homes.
The
design
and
construction
will
complement
the
modest
architectural
aesthetics
of
the
neighborhood,
and
also
add
value.
5251,
the
adjacent
neighbors,
have
expressed
full
support
for
this
project.
They
feel
this
garage
extension
will
improve
the
aesthetics
between
the
two
houses
by
eliminating
a
car
parked
on
a
gravel
pad
on
the
west
side
of
the
applicant’s
property.
They
also
feel
it
will
add
value
to
their
property,
in
addition
to
the
neighborhood.
The
adjacent
neighbors
two-‐car
garage
will
be
adjacent
to
the
proposed
garage
extension.
Included
with
this
application
are
letters
of
approval
from
both
adjacent
neighbor/owners,
in
addition
to
the
two
neighbor/owners
across
the
street
with
the
most
direct
view
of
the
proposed
addition.
(C)
Originally
a
more
standard
sized
garage
was
planned.
However,
upon
much
review,
and
in
keeping
with
current
regulations,
a
BOZA Disposition of Approval Page 14 of 26
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more
modest
and
minimal
addition/solution
is
proposed.
A
current
standard
two
car
garage
is
24’x24’.
The
existing
single
car
garage
at
5271
is
20’9”x11’3”
(interior
dimensions),
smaller
than
current
standards.
The
combined
proposed
interior
dimensions
will
be
approximately
20’9”x20’,
also
well
below
a
current
standard
two
car
garage.
This
modest
sized
garage
proposal
is
all
that
is
needed
to
satisfy
the
needs
of
the
applicant,
and
conform
to
existing
regulations.
(D)
A
solar
review
has
been
completed.
Please
see
Plan
A-‐1.
No
issues/infringements
were
encountered.
Shadow
cast
by
the
proposed
addition
complies
with
all
regulations.
Regarding
flood
review:
The
proposed
addition
will
be
uninhabitable
garage
space
with
no
plans
to
be
converted
to
habitable
space.
Flood
venting
will
be
incorporated,
and
flood
elevation
numbers
have
been
included
in
the
drawings
A-‐1.
No
immediate
concerns
were
raised
by
Planning
&
Development
Services’
Flood
Reviewer,
Alysha
Geiger.
Our
proposal,
while
modest,
and
in
keeping
with
the
stated
goals
of
the
Planning
Department
and
its
code,
provides
a
safer
and
healthier
home
for
my
family
while
enhancing
the
well-‐kept
and
neat
nature
of
our
neighborhood.
Thank
you
for
your
time
and
consideration.
Sincerely,
Luke
Jacobs
Enclosures:
Approval
letter
from
5251
East
Euclid
Ave.*
Approval
letter
from
5290
East
Euclid
Ave.*
Approval
letter
from
5283
East
Euclid
Ave.*
Approval
letter
from
5270
East
Euclid
Ave.*
*The
four
above
letters
represent
the
adjacent
neighbors,
in
addition
to
the
neighbors
across
the
street
with
the
most
direct
view.
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