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2018-19_5000 Butte St #64_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 2018-19 CONCERNING THE APPLICATION FOR A VARIANCE OF THE SETBACK REQUIREMENTS OF SECTION 9- 7-13, B.R.C. 1981 AT 5000 BUTTE STREET #64 OF SAM SHRESTHA, WHOSE MAILING ADDRESS IS 5000 BUTTE STREET #64, BOULDER, COLORADO 80301. 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 a mobile home on a lot within Vista Village, the applicant is requesting a variance to the side (north) setback between neighboring homes. In a mobile home park context, the side setbacks (separation) is measured from mobile home to mobile home. In this case the resulting north side setback will be approximately 13.5 feet where 15 feet is required and approximately 15 feet exists today from the current home (to be replaced). Section of the Land Use Code to be modified: Section 9-7-13, 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 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 BOZA Disposition of Approval Page 1 of 17 BOZA Disposition of Approval Page 2 of 17 BOZA Disposition of Approval Page 3 of 17 BOZA Disposition of Approval Page 4 of 17 BOZA Disposition of Approval Page 5 of 17 BOZA Disposition of Approval Page 6 of 17 BOZA Disposition of Approval Page 7 of 17 BOZA Disposition of Approval Page 8 of 17 BOZA Disposition of Approval Page 9 of 17 BOZA Disposition of Approval Page 10 of 17 BOZA Disposition of Approval Page 11 of 17 BOZA Disposition of Approval Page 12 of 17 BOZA Disposition of Approval Page 13 of 17 Page 1 9-7-13. - Mobile Home Park Form and Bulk Standards. No person shall establish or maintain a mobile home park or mobile home on a lot within a mobile home park except in accordance with the following standards: (a) Mobile Home Park Form and Bulk Summary Table: Development within a mobile home park in the MH zoning district shall comply with the standards shown in table 7-2 and illustrated in Figure 7-15 of this section. TABLE 7-2: MOBILE HOME PARK DESIGN STANDARDS (MH DISTRICT) Size and Intensity Minimum mobile home park size - MH zone RL-2, RM and RH zones 5 acres 10 acres Maximum allowable density - RL-2 zone MH, RM and RH zones 6 units per acre 10 units per acre Minimum site area reserved for recreational facilities 8 percent of mobile home park Lot Area and Open Space Minimum lot area if subdivided 3,500 square feet Minimum average lot area per mobile home 4,350 square feet Minimum outdoor living and service area (with no dimension less than 15 feet) 300 square feet Minimum usable open space per mobile home 600 square feet Parking Requirements Minimum number of off-street parking spaces per mobile home 1 Setbacks and Separation BOZA Disposition of Approval Page 14 of 17 Page 2 Minimum front setback - MH zone RL-2, RM-1, RM-3, RH-1 and RH-4 zones 20 feet Minimum front setback - RM-2 and RH-5 zones 25 feet Minimum side to side separation 15 feet Minimum end to end separation 10 feet Minimum distance from tongue to any adjacent sidewalk 2 feet Minimum setback from a street (from edge of street pavement) 10 feet Accessory Buildings (10-12, B.R.C.) Maximum size of storage buildings 150 square feet Minimum setback from adjacent mobile homes to all accessory buildings and structures 10 feet Minimum separation between mobile home and accessory building (on the same lot) 6 feet BOZA Disposition of Approval Page 15 of 17 Page 3 Figure 7-15: Mobile Home Park Setback Standards BOZA Disposition of Approval Page 16 of 17 Page 4 Minimum setback to the boundary of the mobile home park depends on the zoning district. All other setback requirements apply in all mobile home parks. The required setback from a street is measured from the edge of street pavement. The required tongue setback is measured to the edge of the sidewalk. (b) Area Requirements: In determining the required yard and space areas, the use of double-wide mobile homes and accessory structures shall be considered. The minimum average lot area per mobile home does not include additional area required by this chapter for access roads, off-street parking and storage areas, service buildings, recreation areas and office and similar mobile home needs. (c) Driveways: Paved driveways with a minimum width of ten feet shall be provided where necessary for convenient access to each mobile home. (d) Parking: Mobile homes in all zoning districts other than the MH district shall provide 1.5 off-street parking spaces per mobile home. Off-street spaces shall be located on or within three hundred feet of the mobile home space for which the parking is required. (e) Setbacks From Boundary Lines: All mobile homes in RM-2 and RH-5 zoning districts shall be located at least twenty five feet from the boundary lines of the mobile home park. All mobile homes located in RL-2, RM-1, RM -3, MH, RH-1 and RH-4 zoning districts shall be located at least twenty feet from the boundary of the mobile home park. (f) Reduction of Setbacks From Boundary Lines: Mobile home setback distances along park boundary lines adjacent to other lots may be reduced to ten feet as part of a site review or use review approval if the mobile home park owner demonstrates that there is a need for such reductions and that no detrimental effect will result to uses on adjoining properties or to residents of the mobile home park. (g) Obstructions Prohibited: No mobile home or portion thereof shall overhang or obstruct any driveway, access road or walkway. (h) Screening: All mobile home parks adjacent to other residential uses, commercial uses or industrial uses shall be provided with screening, such as opaque fencing or landscaping, along the property boundary separating the mobile home park from such adjacent land uses. Ordinance Nos. 7684 (2009); 7699 (2009) BOZA Disposition of Approval Page 17 of 17