2018-02_1730 Bluff St_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 2018-02
CONCERNING THE APPLICATION FOR A VARIANCE OF THE ACCESSORY UNIT SIZE REQUIREMENTS
OF SECTION 9-6-3, B.R.C. 1981 AT 1730 BLUFF STREET OF TOM AND BARBARA MILLER, WHOSE
MAILING ADDRESS IS 4775 6TH STREET, BOULDER, CO 80302.
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 establish an Accessory Dwelling Unit (ADU) within the existing resi dence, the
applicants are requesting a floor area variance to allow an approximately 1,265 square foot lower level accessory
unit where approximately 905 square feet would be allowed per the ADU size limitations. Section of the Land Use
Code to be modified: Section 9-6-3, 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
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Miller request – 1730 Bluff Street
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Written statement describing the variance request and addressing all pertinent review criteria.
Below, we respond to each of the variance criteria and follow with the background that has led us to our
request.
The request for a size variance is based on paragraph 1) Physical Conditions …
(h) CRITERIA FOR VARIANCES
(1) Physical Conditions
(A) There are:
I. Unusual physical circumstances or conditions …peculiar to the effected property.
The hoped for accessory unit is located in the bottom floor of the two story building. It was built
and rented prior to the purchase of the home by the applicants (Tom, Barbara and Annaliese
Miller).
The layout of the unit has the cement foundation of the original house (built in 1951) as the east,
west, north and part of the south exterior walls. To the south is an addition (bump out), also
constructed by a prior owner, that lets in virtually all of the sunlight, the rest of the unit’s small
windows being shaded by an existing deck (built by a prior owner).
The unit has 7’8” ceilings except where the HVAC box-in lowers the ceiling to about 7’. So,
without the sunlit addition, habitability is marginal at best.
(B) The unusual circumstances do not exist throughout the neighborhood.
This configuration and this style house is unique in the neighborhood and the existing
footprint, with the addition, has been there for a number of years
(C) Because of the physical circumstances the property cannot be reasonably be developed in
conformity with the ADU provisions
To meet the ADU size requirement, it would be necessary to wall off access to the primary
light source that makes the unit habitable. Although the unit is now occupied by a 50%
owner, the new mother of a 6 week old baby and her husband, in the future it is anticipated
that the elderly owners (of the other 50%) would either live in that unit or rent to caregivers
or, to help cover costs, renters. Reducing the size of the unit to meet the current ADU
requirement would make the unit greatly undesirable for the owners’ , caretakers’ or
possible renters’ quality of life.
(D) Any unnecessary hardship has not been created by the applicant.
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Miller request – 1730 Bluff Street
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Records are submitted demonstrating that the unit and the rest of the house configuration,
including the deck, were constructed by one or more prior owners. The unit had been
rented as an “in-law” apartment prior to the current owners’ purchase.
(5) Requirements for all Variance Approvals
(A) Would not alter the essential character of the neighborhood
The unit is located where it has been for years, within the footprint of the house, and has fit in the
neighborhood with no exterior change during that time and with as many or more renters in the
house as there are inhabitants now. Not only does the unit have the required single paved parking
space, it has three more spaces, assuring that there will be no negative impact on the neighborhood
due to parking related to the ADU or this variance request.
(B) Would not impair the reasonable use or development of adjacent property
There is no exterior size increase requested and no change to neighbors’ existing ability to develop
their property.
(C) Would be the minimum variance to afford relief and the least modification of the applicable
provisions of this title
We have examined a number of ways to reduce the size of the unit – walls, hallways and significant
modifications to the existing foundation, and each one makes for a remaining smaller unit without
adequate light, and in the case of cuts into the foundation, with the danger of structural damage
and significant construction annoyance of neighbors.
The most logical by-right option (see attached drawing) would result in a small living area (about 12’
X 13’) with no windows and would require removal of the kitchen peninsula, now used for eating, to
access the living area. Additionally, walling off the bulk of the living/dining area would require a
more extensive remodel to eliminate the ADU in the future and convert the house back to single
family use, if desired.
(D) Would not conflict with “solar access”
The unit and the house conform to all solar requirements and since the footprint of the house would
not change, there could be no infringement on solar access of neighboring properties.
(I) FLOOR AREA VARIANCE FOR ADUs
(1) The interior configuration of the house is arranged such that the space to be used as the ADU
cannot feasibly be divided in conformance with the size requirement.
The entire building, built in 1951, is 2716 sq feet and the area requested for variance is the basement
which is 1265 sq ft. or 47% of the entire home. An interior staircase connects the upstairs and
downstairs.
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Miller request – 1730 Bluff Street
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The layout of the basement as configured when purchased in 2015 has minimal light except in the single
addition to the south. The rest of the unit has (equally) low ceilings (7’8”) and some lower ceilings (7’)
due to box in of piping at the ceiling. The unit now is anything but spacious and if reduced in size would
have a dark one bedroom, dining room and kitchen with low ceilings and small windows under a large
deck.
(2) That the variance, if granted, meets the essential intent of this title, and would be the
minimum variance that would afford relief;
Cutting space from this unit would make the habitability of it marginal at best. The footprint of
the basement does not cause visual change to the exterior of the house or the interior use of the
house, so your approval of the size variance would have no impact on any neighbors but would
greatly improve the quality of life of or daughter and her family, us or others who one day may
live there as renters, or caretakers.
(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.
To get more light into a unit of reduced size would require cutting into the original foundation to
create larger windows or a walkout door. Even then, the door would be below an existing deck
which would shade the entry. The cost, disruption and potential damage to the foundation of such
an intervention would impose an undue and unnecessary hardship, in our opinion.
Background of the request
Tom and Barbara Miller bought 1730 Bluff Street in March of 2015 with the intent to sell our current
house and move closer to downtown as we age. When we bought the property, the “in-law unit” (as
described by the seller) was occupied by her renters whom we allowed to stay on for a few months. The
original tenants moved out and as we continued to consider our options about the sale of our home in
north Boulder, we rented the house to neighbors who were remodeling their house nearby. Around the
time their remodel was done, the farm where our daughter and son-in-law lived – Frogbelly Farm –
burned down.
Our daughter and her husband, Victor, are moderate wage workers in Boulder (she works for CU’s INVST
program half time and he is a construction worker and artisan bow maker) and could not afford the
going rates for rents in Boulder. They moved into the basement and we rented the upstairs to help pay
the mortgage. Their baby Luca was born December 13, 2017 and the three of them live in the accessory
unit in the basement of 1730 Bluff.
As we considered a number of ways to reduce the size of the basement unit, it became clear to us that
the smaller size, given the configuration of the unit - its low ceilings, small windows cut into the
foundation beneath a shadowing deck, with only one room containing a number of south facing
windows - would make for a marginally habitable space at best, because the, already minimal daylight in
most of the unit, would be greatly diminished.
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Miller request – 1730 Bluff Street
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It remains our intent either to continue having our daughter Annie and Victor live there with their new
baby or to move in ourselves, if they move out. We seek this size variance for the basement unit to keep
the living quarters there as habitable as possible to make for a better quality of life for us, our childrens’
family or caretakers for us if we move into the upstairs. We have arranged (or are arranging, depending
on the date your read this) for Annie to become a 50% owner of the property (via a Life Estate) for the
purposes of complying with the ADU requirement.
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Hello Marcy, 1/30/15
As discussed I’m including the pictures of the 4 sides of the property (1730 Bluff) along with a Google
map that shows positioning of the improvements. Also attached in a separate document is our
application form.
I look forward to hearing from you and thank you for the help.
Best,
Tom Miller
4775 6th Street
Boulder, CO 80304
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1730 BLUFF LOWER LEVEL
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January 5, 2018
You’ll be getting a letter soon from the City of Boulder about a request by our friends
and neighbors at 1730 Bluff, Tom and Barbara Miller and their daughter, Annie Miller,
and son-in-law, Victor Kuhn and their 3 week old baby, Luca. Annie, a legal owner with
her parents, and Victor have been living there since early 2016. Before they bought the
property there was a series of renters. Annie is a part time administrator for the INVST
program at CU and Victor is a construction worker and artisan bow and arrow creator in
Boulder.
We like the Millers and want them for our neighbors and they will be good for our
neighborhood. So, we are supporting their application for what the city calls an ADU –
Accessory Dwelling Unit. The good news about an ADU is that it remains owner
occupied and must accommodate off street parking for the unit. The rest of the
conditions have to do with the size of the unit. All the occupancy safety and good
neighbor rules apply.
On Wednesday, January 17, Annie, Victor, Tom, and Barbara plan to ask the City’s
Board of Zoning Adjustment (BOZA) to permit them to dedicate the basement to the
ADU which requires special permission – a variance – because the basement is 1247
sq. feet. This is 47% of the house and the ordinance only permits up to 1000 sq feet or
33% of the house, whichever is less.
We hope you’ll join us in supporting their request. If you do, they’d be benefitted by a
letter of support – a simple short note or a “YES” in reply to this email.
You can reply to us with your support or any concerns or questions. We’ll pass your
comments on to them. We believe they will be contacting you by U.S.mail in mid-
January to introduce themselves and invite you to an open house to meet you and let
you can see what their request entails.
Looking forward to hearing from you,
Scott Allman and Sue
1720 Bluff Street
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Wyler, Robbie
From:S. M. Allman <scott.m.allman@gmail.com>
Sent:Thursday, January 11, 2018 7:24 AM
To:Richard Stephen Tucker 2
Cc:Allman Susan; Valerie Tucker; Tom Miller
Subject:Re: Miller ADU application
Thank you Richard and Valerie. Em‐mail is now forwarded to Tom and Annie.
Tom ‐ I do not have Annie's e‐mail address so please forward their kind comments to her.
‐Scott
On Mon, Jan 8, 2018 at 9:15 AM, Richard Stephen Tucker 2 <richardstucker@comcast.net> wrote:
Scott/Sue—Valerie and I have your letter of January 8, 2018 regarding the Millers’ application for a variance on the
basement at 1730 Bluff. We have no objection to their request. Victor and Annie are lovely neighbors and we are
supportive of their request. They keep the property immaculate and we are confident that they will continue to do so
in the future. You have our permission to give a copy of this email to the Millers as well as to Victor and Annie. The
Millers and Victor and Annie, in turn, have our permission to provide a copy of this email to the Boulder Zoning Board
of Adjustment. Please let us know if we can help in any other respect. Richard/Valerie Tucker
Richard S. Tucker
richardstucker@comcast.net
1719 Mapleton Avenue
Boulder, CO 80304
720.381.0710 H
214.202.9457 C
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TO: City of Boulder
FROM: Alan Canner and Claudia Naeseth, homeowners/residents 1725 Bluff Street since 1983
RE: Letter of support for Miller request for size variance and ADU at 1730 Bluff Street
DATE: 1/24/2018
We are writing in support of the request by our directly-across-the-street neighbors of the past two
years, Annie Miller and Victor Kuhn, 1730 Bluff Street, to be granted an ADU without having to reduce
the size of their dwelling unit or remove their kitchen.
With the high cost of housing in Boulder and the shortage of units, we need more, not fewer, units.
Annie and Victor present the most advantageous of the scenarios: by being allowed to continue to live
in their unit, they are able to rent another portion of their house to help pay the mortgage, with the
homeowners living on-site to assure that the renters meet the high standards of good-neighborliness
that we Bluff Street neighbors enjoy. Indeed, Annie and Victor have proved themselves to be good
neighbors, and we hope that you grant their request so that we can help to keep this young family in our
neighborhood.
Thank you for your consideration.
Alan J. Canner and Claudia E. Naeseth
1725 Bluff Street
Boulder, CO 80304
alan.canner@colorado.edu
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On Mon, Jan 8, 2018 at 9:15 AM, Richard Stephen Tucker 2 <richardstucker@comcast.net>
wrote:
Scott/Sue—Valerie and I have your letter of January 8, 2018 regarding the Millers’ application
for a variance on the basement at 1730 Bluff. We have no objection to their request. Victor and
Annie are lovely neighbors and we are supportive of their request. They keep the property
immaculate and we are confident that they will continue to do so in the future. You have our
permission to give a copy of this email to the Millers as well as to Victor and Annie. The Millers
and Victor and Annie, in turn, have our permission to provide a copy of this email to the Boulder
Zoning Board of Adjustment. Please let us know if we can help in any other
respect. Richard/Valerie Tucker
Richard S. Tucker
richardstucker@comcast.net
1719 Mapleton Avenue
Boulder, CO 80304
720.381.0710 H
214.202.9457 C
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January 5, 2018
You’ll be getting a letter soon from the City of Boulder about a request by our friends
and neighbors at 1730 Bluff, Tom and Barbara Miller and their daughter, Annie Miller,
and son-in-law, Victor Kuhn and their 3 week old baby, Luca. Annie, a legal owner with
her parents, and Victor have been living there since early 2016. Before they bought the
property there was a series of renters. Annie is a part time administrator for the INVST
program at CU and Victor is a construction worker and artisan bow and arrow creator in
Boulder.
We like the Millers and want them for our neighbors and they will be good for our
neighborhood. So, we are supporting their application for what the city calls an ADU –
Accessory Dwelling Unit. The good news about an ADU is that it remains owner
occupied and must accommodate off street parking for the unit. The rest of the
conditions have to do with the size of the unit. All the occupancy safety and good
neighbor rules apply.
On Wednesday, January 17, Annie, Victor, Tom, and Barbara plan to ask the City’s
Board of Zoning Adjustment (BOZA) to permit them to dedicate the basement to the
ADU which requires special permission – a variance – because the basement is 1247
sq. feet. This is 47% of the house and the ordinance only permits up to 1000 sq feet or
33% of the house, whichever is less.
We hope you’ll join us in supporting their request. If you do, they’d be benefitted by a
letter of support – a simple short note or a “YES” in reply to this email.
You can reply to us with your support or any concerns or questions. We’ll pass your
comments on to them. We believe they will be contacting you by U.S.mail in mid-
January to introduce themselves and invite you to an open house to meet you and let
you can see what their request entails.
Looking forward to hearing from you,
Scott Allman and Sue
1720 Bluff Street
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From:Tom Miller
To:Wyler, Robbie
Subject:1730 Bluff letter of support 7
Date:Wednesday, January 31, 2018 12:46:54 PM
Robbie, here’s another letter of support for our variance request that you can add to our files.
Thank you,
Tom
From: judy hersh <judyhersh@msn.com>
Date: January 31, 2018 at 10:53:07 AM MST
To: "annaliese.miller@gmail.com" <annaliese.miller@gmail.com>
Subject: Your request
Good Morning, Annaliese - I am Dan Hersh’s wife, Judy. I live at 1700 Bluff St.
Boulder, CO 80304. I support your application for the ADU at the size of your
existing downstairs.
Judy Hersh
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