2018-18_985 Gilbert 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 2018-18
CONCERNING THE APPLICATION FOR A VARIANCE OF THE SETBACK REQUIREMENTS OF SECTION 9-
7-1, B.R.C. 1981 AT 985 GILBERT STREET OF LON AND LAUREN MCGOWAN, WHOSE MAILING ADDRESS
IS 985 GILBERT STREET, BOULDER, COLORADO 80302.
On July 12, 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 place an in-ground swimming pool in the rear (west) yard of the property, the applicants are
requesting a variance to the minimum landscape setback requirements of the RE zoning district. Because this
property fronts onto Gilbert Street to the east and its rear yard backs onto 5th Street to the west it is considered a
“Through Lot” and pursuant to Boulder Revised Code Section 9-7-2(b)(7), the rear yard shall have a minimum
landscaped setback equal to the minimum front yard landscaped setback from a street for all buildings and uses
required for that zone. And pursuant to Boulder Revised Code Section 9-9-19, swimming pools may not be
located in any required front yard or side yard abutting a street. The resulting west yard setback taken from the
swimming pool will be 2 feet where 25 feet is required and no swimming pool 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 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 5-0.
EXECUTED this 12th day of July 2018, effective as of, July 12, 2018.
Michael Hirsch, 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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Tasha J. Power Email: tjp@bhgrlaw.com
June 20, 2018
Via Hand Delivery
City of Boulder Planning and Development Services
1730 Broadway, 3rd Floor
Boulder, CO 80306
Re: Board of Zoning Adjustment (“BOZA”) Variance Application
985 Gilbert Street, Boulder, CO 80302
To Whom It May Concern:
In connection with the BOZA Variance Application for 985 Gilbert Street, Boulder, Colorado
80302, please find enclosed the following:
1.BOZA Variance Application executed by the Applicant Lon McGowan with Exhibit A
(Legal Description);
2.Narrative Addendum regarding variance criteria;
3.Sign Posting Requirements, Applicant’s Acknowledgment Form executed by the
Applicant;
4.Applicant/Owners’ Written Consent executed by the Property Owners;
5.Boulder County Property Search Aerial Blended Map of 985 Gilbert Street;
6.Neighboring Property Owner’s Approval Letter executed by Harry Burnett III;
7.Neighboring Property Owner’s Approval Letter executed by Greg Bechtel;
8.Alternative Options Analysis Prepared by Architect;
9.Photographs of the Applicant’s Property from 5th Street and yard areas;
10.Site Plan; and
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11. Improvement Location Certificate dated 2/9/2018.
Sincerely,
Tasha J. Power
TJP:jak
Enclosures
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4822-7414-2827, v. 1 BOZA Variance Application 985 Gilbert Street
NARRATIVE ADDENDUM TO BOZA VARIANCE APPLICATION
985 GILBERT STREET, BOULDER, CO 80302
June 20, 2018
PROPOSAL: Lon and Lauren McGowan (“Applicants”), the owners of 985 Gilbert Street,
Boulder, CO 80302 (the “Property”) seek a variance to allow for the installation of an in-
ground pool and patio (the “Project”) in what is effectively the rear yard of the Property. The
Property is unusual in that it is a “through” lot that fronts to Gilbert Street and backs to 5th Street,
such that there are streets adjacent to both the front and rear yard areas. Because it backs to a
street, the City treats the rear yard adjacent to 5th Street as a front yard, which results in the
Property being deemed to have two front yards. Pursuant to Section 9-9-19, B.R.C. (1981), a
pool “may not be located in any front yard or side yard abutting a street.” In this instance, 5th
Street, which is adjacent to the back of the Property, functions more akin to an alleyway in that it
is narrow, without designated pedestrian paths, gutters, curbs, or painted centerline. The area
between the Property and 5th Street contains substantial landscape vegetation, such that the
Property is already screened from view along 5th Street. Also, 5th Street dead ends to the north of
the Property, and there is no access to the Property from 5th St. The only access to the Property is
from Gilbert Street. Applicants have attached photos of 5th Street adjacent to the Property to their
application for a visual reference.
Applicants accordingly request a variance to permit the installation of an in-ground pool in what
is effectively the rear yard of the Property adjacent to 5th Street, and in what would otherwise be
a code-compliant location but for the Property being deemed to contain two front yards given
that it is a “through” lot.
As set forth in greater detail below, the Applicants’ variance request meets the applicable criteria
for a variance as set forth in Section 9-2-3(h), B.R.C. (1981).
CRITERIA FOR VARIANCES
(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 (h)(1), (h)(2), (h)(3)
or (h)(4) of this section and the requirements of paragraph (h)(5) of this section.
(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
APPLICANT RESPONSE: The Property is unusual in that it is a
“through” lot that fronts to Gilbert Street and backs to 5th Street, such that
there are streets adjacent to both the front and rear yard areas. Because it
backs to a street, the City treats the rear yard adjacent to 5th Street as a
front yard, which results in the Property being deemed to have two front
yards. Pursuant to Section 9-9-19, B.R.C. (1981), a pool “may not be
located in any front yard or side yard abutting a street.” In this instance,
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4822-7414-2827, v. 1 BOZA Variance Application 985 Gilbert Street
however, 5th Street functions more akin to an alleyway in that it is
narrow, without designated pedestrian paths, gutters, curbs, or painted
centerline. The area between the Property and 5th Street contains
substantial landscape vegetation, such that the Property is already
screened from view along 5th Street. Also, 5th Street dead ends to the
north of the Property, and there is no access to the Property from 5th St.
The only access to the Property is from Gilbert Street. Furthermore, the
side yards of the Property are not suitable for development of a pool.
They are steep and rocky, with large mature shade trees.
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
APPLICANT RESPONSE: N/A
(B) The unusual circumstances or conditions do not exist throughout the
neighborhood or zoning district in which the property is located; and
APPLICANT RESPONSE: It is the Applicant’s understanding, based on
conversations with the City staff and a visual survey of the surrounding area, that
“through” lots are uncommon in the City and the RE zone district in which the
Property is located.
(C) Because of such physical circumstances or conditions the property cannot
reasonably be developed in conformity with the provisions of this chapter;
and
APPLICANT RESPONSE: The Applicants cannot reasonably develop the
Property to include an in-ground pool due to the unique location of the Property
between two designated streets. To the extent the Property is thereby deemed to
have two front yards, the code would not permit the installation of a pool in the
area backing to 5th Street, which is effectively the rear yard of the Property. In
particular, section 9-9-19, B.R.C. (1981) prohibits the installation of a pool in the
front or side yard abutting a street. Furthermore, the side yards of the Property
are not suited for pool installation given the steep and rocky terrain, along with
large shade trees. The Applicants have submitted an alternative options analysis
prepared by their landscape architect with this application, which confirms that
the side yards are not suited to the installation of a pool.
(D) Any unnecessary hardship has not been created by the applicant.
APPLICANT RESPONSE: The Applicants purchased the Property in or about
March 2018. The fact that the Property exists between two streets is unusual, and
was not a condition that the Applicants created.
(2) Energy Conservation: N/A – This criteria is not applicable to the current variance
request as the proposal does not involve a building addition.
(3) Solar Access: N/A – This criteria is not applicable to the current variance request as the
proposal is for an in-ground pool that does not involve building up off of the ground.
(4) Designated Historic Property: N/A – This criteria is not applicable to the current
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4822-7414-2827, v. 1 BOZA Variance Application 985 Gilbert Street
variance request as the Property is not located within a designated historic district.
(5) Requirements for All Variance Approvals:
(A) Would not alter the essential character of the neighborhood or district in
which the lot is located;
APPLICANT RESPONSE: The essential character of the neighborhood and
district where the Property is located would not be changed by the installation of
a pool in the yard area of the Property that backs to 5th St. The pool would be
used for normal residential uses. It would be located to the rear of the house in
what is for all practical purposes the rear yard of the Property. Also, the view of
the Property from 5th Street is completely screened by existing vegetation and
landscaping, which continues for a substantial stretch of 5th Street. Thus, the
pool would be shaded from view along 5th Street. Finally, 5th Street is more akin
to an alleyway in that it is a narrow path that dead ends north of the Property and
is not a busy thoroughfare.
(B) Would not substantially or permanently impair the reasonable use and
enjoyment or development of adjacent property;
APPLICANT RESPONSE: The adjacent neighbors to the north and south have
approved of this proposal. Letters of approval from the neighboring owners are
included with this application. The pool would be located in what is effectively
the back yard of the Property, and thus it would not affect the neighboring owners
as it would be a normal backyard use of the Property. Furthermore, the rear yard
of the Property adjacent to 5th Street is essentially completely screened from view
by existing landscaping and vegetation.
(C) Would be the minimum variance that would afford relief and would be the
least modification of the applicable provisions of this title; and
APPLICANT RESPONSE: The Applicants would like to have the pool for
recreational family use. Given the steep and rocky terrain of the side yards,
which would not allow for a pool, a variance to allow the pool in the “rear yard”
area that backs to 5th Street is the minimum variance that would afford relief in
this case.
(D) Would not conflict with the provisions of Section 9-9-17, "Solar Access,"
B.R.C. 1981.
APPLICANT RESPONSE: This criteria is inapplicable as the proposal is for an
in-ground pool that will not implicate solar access issues.
The Applicants do not hereby waive any rights, arguments or remedies that they may have.
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6/20/2018 Property Search
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Barry Burnett
973 Gilbert St.
Boulder, CO 80302
To whom this may concern,
We are writing this letter on behalf of the McGowan family at 985 Gilbert Street. We support
their plans for installing a pool in their backyard adjacent to 5th Street. We believe that their
variance should be approved.
Thank you for your consideration.
Sincerely,
DocuSign Envelope ID: A9ABC867-EEC8-4E01-B090-347BE781986C
6/18/2018
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Greg Bechtel
1005 Gilbert St.
Boulder, CO 80302
To whom this may concern,
We are writing this letter on behalf of the McGowan family at 985 Gilbert Street. We support
their plans for installing a pool in their backyard adjacent to 5th Street. We believe that their
variance should be approved.
Thank you for your consideration.
Sincerely,
DocuSign Envelope ID: F213855C-E598-4C30-BBCA-4B62854ED4F6
6/20/2018
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It is not feasible to install the pool within the side yards at 985 Gilbert due to the following
conditions:
1. Large maturing shade trees.
Each side yard contains multiple large maturing shade trees which would need to be
removed in order to make space for a pool. These trees provide valuable shade to the site,
and if removed would expose the site to unwanted heat and sun.
2. Steep slope condition.
Each side yard has an extremely steep change in grade that is retained with hundreds
of tons of very large landscape boulders. It is not feasible to build a pool within these steep
conditions without compromising the structural integrity of the side yards, which may lead to
an unstable slope condition.
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July 5 2017 33611 Halyard Drive
Dana Point CA 92629
RE: Docket No. BOZ2018-18
As the owners of 1045 Gilbert Street we are concerned that the owner of 985 Gilbert Street would
consider building a swimming pool within 2 feet of the west property lone when the paved part of the
5th street roadway at this location is presently only a few feet from the asphalt pavement and there is
such a sharp drop off to the 985 Gilbert Street property from 5th Street..
We therefore recommend that the Board of Zoning reject this application to construct this swimming
pool.
Yours truly
George and Sherry Hartmann
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