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2018-21_755 Lincoln Pl_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 2018-21 CONCERNING THE APPLICATION FOR A VARIANCE OF THE SETBACK AND PARKING REQUIREMENTS OF SECTION 9-7-1 AND 9-9-6, B.R.C. 1981 AT 755 LINCOLN PLACE OF TIM AND MARY WOLF, WHOSE MAILING ADDRESS IS 755 LINCOLN PLACE, BOULDER, COLORADO 80302. On October 11, 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 parking on the property as well as partially cover the parking with a carport, the applicants are requesting a variance to the minimum front (east) yard landscape setback requirements as well as the minimum combined side (north) yard setback requirements of the RL-1 zoning district for the recognition of one standard parking space and an attached carport on an existing single-car driveway. The 19-foot deep by 9-foot wide parking space will encroach approximately 6.8 feet into the required 25-foot landscape setback. Additionally, a carport structure is proposed over a portion of the subject parking space. The resulting north yard setback will be approximately 6.5 feet where 9.5 feet is required and 7.5 feet exists today. Sections of the Land Use Code to be modified: Sections 9-7-1 & 9-9-6, 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 11th day of October 2018, effective as of, October 11, 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 33 BOZA Disposition of Approval Page 2 of 33 X BOZA Disposition of Approval Page 3 of 33 BOZA Disposition of Approval Page 4 of 33 755 Lincoln Place – BOZA Variance Request Statement Request for Variance for Parking Space in Front Yard Setback & Request for Variance for Sideyard Setback The homeowners of 755 Lincoln Place wishes to add a carport to the North side of their existing home. Two conditions have come light that would limit that ability. The location of an addition to the home limits the ability to provide a parking space outside of the required landscape setback for a parking space and the addition built/renovated in 1981 encroaches into the combine sideyard setback. The home owners’ are requesting that a variance be granted to allow one parking space to encroach into the setback required for a parking space as required by Section 9-9-6(D) of the B.R.C. 1981. They are also requesting that a variance be issued to reduce the combined sideyard setback from 15’ to 13’ as required by Section 9-7-1 of the B.R.C. 1981. The homeowner wishes to construct the carport to the existing home as a result of the variances. The variance requests will not affect the essential character of the neighborhood where it is located. It won’t impair the use or enjoyment of any adjacent property. This variance will be least impactful to the neighborhood based upon the planning requirements and will not conflict with the provisions of Section 9-9-17, “Solar Access”. BOZA Variance: Criteria for Variance this request has to meet (as required by (h)1 A through D & (h)5 A through D of the B.R.C. 1981 : Section H 1. Physical Conditions or Disability” a. There are: i. Unusual physical circumstances or conditions, including without limitations, irregularity, narrowness or shallowness of the lot or exceptional topographical or other physical conditions peculiar to the affected property: 1. Due to the size of the lot, the lot has physical circumstances that limit the ability of the homeowner to place the carport in other location. The lot’s width and location of a previous renovation prevents the building or placement of a carport on any other portion of the lot. b. The unusual circumstances or conditions do not exist throughout the neighborhood or zoning district in which the property is located: BOZA Disposition of Approval Page 5 of 33 i. Other houses in the area all have garage’s that are compliant with the current zoning requirements. The size and existing conditions of this lot will not allow for compliance to the side yard requirements. c. Because of such physical circumstances or conditions the property cannot reasonably be developed in conformity with the provisions of this chapter: i. The garage that was converted into living space encroached into the setback when it was constructed by a previous owner. When that work was done, the combined setback of 15’ could not be met with the location of the existing garage. That encroachment was a result of the location of the original garage foundation. This variance is requesting that the existing location of the North wall of the converted living space be used to reestablish the location of the setback. This will allow for a parking space to be provided to meet the minimum 9’ width required by the zoning parking design standards. Any other reduction in width of the structure would render the carport unable to provide the minimum width. d. Any unnecessary hardship has not been created by the applicant. i. The previous renovation of the garage was done by a previous owner and was not the result of any work done by the current owners. The applicant did not cause the hardship that is a result of this request. 5. Requirements for all variance approvals: a. Would not alter the essential character of the neighborhood or district in which the lot is located i. The carport is meant to reflect the style and detail that is part of this home’s location. The addition is meant to reflect the character that defines the property. Simple gabled roofs mimic the conditions of the existing home. A moderate sloped asphalt roof is based upon the pitches of the existing roof. Details will be added to the columns to make the carport fit the character of the existing home. b. Would not substantially or permanently impair the reasonable use and enjoyment or development of the adjacent property: i. The only property that is immediately adjacent to the location of the carport is located to the north. The proposed carport’s location will not impact the ability of that property owner to make any changes to their property. The height of the carport’s roof will be limited to be lower than that of the existing house and no portion of the carport will extend past that of the existing north wall. c. Would be the minimum variance that would afford relief and would be the least modification of the applicable provisions of this title: i. The current layout of the carport provides for enough coverage of the minimum 9’ width of a parking space as required by this code. Extending the carport into the required setback allows for the minimum modification or improvement that allows for the construction of the project. BOZA Disposition of Approval Page 6 of 33 d. Would not conflict with the provisions of Section 9-9-17, “Solar Access,” BRC 1981 i. The height of the carport will be lower than the eave of the existing roof. The relative height of the carport’s roof is less than the adjacent roof and will not impact the solar access requirement. The Property meets these requirements: - 1. The property is currently zoned RL-1. - 2. The original residence had a garage that was provided at the rear of the property. It was permitted on 02.09.1931 according to microfiche records provided by the Boulder Planning and Development Services. The application (Permit No.3301) shows the garage located 17 ½’ from the rear property line and 8’ from the Northern property line. - 3. The Garage was converted to living space in November of 1981 (Permit H7946). Construction was completed in April of 1982. - 4. Mary and Tim Wolf did not own the property at that time. The property was owned by a Maja Apelman. - 5. A 9’x19’ complying with Section 9-9-6 of the B.R.C. 1981 is represented on the Site Development Drawing. The location shown for the parking space and the Carport is the most reasonable location for the parking space to be provided. The driveway is existing and the remainder of the lot is covered by the residence which doesn’t allow for other areas to be considered for the required parking space. - 6. Restoring the garage to a parking space would be an economic hardship due to the reduction of the living area on the main level of the residence and the amount of money required to deconstruct the existing living space. It would reduce the current current floor area by +/- 420 SF at the first floor. - 7. The parking space that is being proposed will be 9’x16’ and will be paved. No portion of the parking space will encroach into the public right-of-way or onto the public sidewalk. Sideyard Setback Variance: Request for Variance for Sideyard Setback The homeowners of 755 Lincoln Place are requesting that a variance be granted to allow for the existing residence to reduce the combined sideyard requirement from 15’-0” to 13’-0” as required by Section 9-7-1 of the B.R.C. 1981. The homeowner wishes to add a carport to the existing home that will cover the parking space and in order to do so will need to encroach into the required 15’ setback. The existing structure and an addition were built within the setback prior to the current owner buying the property. The current location of the original home and the addition has a distance of 5’-8 3/8” on the South side and a distance of 7’-5 3/8” on the North side according to the Improvement Location Certificate. This combined distance is 13’2 ¼”. BOZA Disposition of Approval Page 7 of 33 The home owner is requesting that the north side of the existing structure be used in determining the non-confirming setback. A setback of 13’-0” will allow for the carport addition to be built while putting on record the required setback for the property. The existing north wall of the structure was part of a garage originally. It was renovated into living space in 1981 and the garage became part of the residence. The proposed variance will not affect or alter the various character of the neighborhood or impede the enjoyment or development of any adjacent property. Asking for this variance is the least impactful option for the home owners. BOZA Disposition of Approval Page 8 of 33 BOZA Disposition of Approval Page 9 of 33 BOZA Disposition of Approval Page 10 of 33 BOZA Disposition of Approval Page 11 of 33 BOZA Disposition of Approval Page 12 of 33 BOZA Disposition of Approval Page 13 of 33 BOZA Disposition of Approval Page 14 of 33    5(48,5(' ; 3$5.,1*63$&( /$1'6&$3(3$5.,1*6(7%$&.$65(4 '%<%5&$5($2)(1&52$&+0(17287/,1(2)(;,67,1*+286(3523(57</,1((;,67,1*'5,9(:$< 1(:&$5325772%(%8,/70$,1)/225  ( 522)(;,67,1*:$//2)$'',7,21 ( &21&67(36 ( 522)1(:&2/8016720$7&+ ( 6,=($1'75,01(:522)2)352326('&$53257DRAWN BYCHECKED BYVSUXFHVWVWHGORXLVYLOOHFRORUDGRRIZZZNJDUFKFRP©2018 KGA Studio Architects, PCThese plans are copyrighted and are subject to copyright protection as an architectural work, under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 2016, and known as Architectural Works Copyright Protection Act of 1990. The protection includes, but is not limited to, the overall form, as well as, the arrangement and composition of spaces and elementsof the design. Under such protection, unauthorized use of these plans, work or forms represented, can legally result in the cessation of such construction or building being seized and/or razed.8/22/2018 4:46:24 PMJOB NO. 189.185XGG\&RQVWUXFWLRQ,6.%/DQGVFDSH6HWEDFN$QDO\VLV/LQFROQ3ODFH%RXOGHU&2%2=$9DULDQFH:ROI5HVLGHQFH$GGLWLRQ  6LWH3ODQ6LWH3ODQ6LWH3ODQ6LWH3ODQ  )URQW(OHYDWLRQ)URQW(OHYDWLRQ)URQW(OHYDWLRQ)URQW(OHYDWLRQ([LVWLQJ&RQGLWLRQ3KRWRJUDSK([LVWLQJ&RQGLWLRQ3KRWRJUDSKBOZA Disposition of Approval Page 15 of 33  )5217<$5'6(7%$&.$65(4 '%<%5&7$%/(287/,1(2)(;,67,1*+286(3523(57</,1(2)    $5($2)(;,67,1*6(7%$&. 0,1,0805(48,5('',67$1&(720((7&20%,1('6,'(<$5'6(7%$&.2) $65(4 '%<%5&7$%/((;,67,1*$'',7,217+$7:$6%8,/7,1(1&52$&+(6,1725(48,5('6,'(<$5'6(7%$&.2876,'(('*(2)23(16758&785(%(/2:1(:522)2)&$53257522)29(5+$1*('*(2)6758&785(%(/2:6833257,1*522):,//%(,1/,1(:,7+(;,67,1*%8,/',1*:$//3/$1()5217325&+(1&52$&+0(17$//2:('3(5%5&0$;,080(1&52$&+0(17   (;,67,1*6(7%$&.',67$1&(  5(48,5(' ; 3$5.,1*63$&(0$,1)/225  ( 522)1(:522)1(:;:22'32673$,17720$7&+ ( 75,0 ( &21&67(36;75,0 3$,17720$7&+1(:522)$7(175<0$7&+)$6&,$+(,*+75(029( ( 522)$65(4 '1(:&2/8016720$7&+ ( 6,=($1'75,00$,1)/225 0$,1)/225 1(:522)1(:&2/8016$7&251(562) ( 325&+ ( &21&67(36$1'5$,/,1*1(:;:22'32671(:522)$/,*11(:522)72,17(56(&7 ( 522)$77+,632,1723(16758&785(72)5217$1'6,'(2)+286(DRAWN BYCHECKED BYVSUXFHVWVWHGORXLVYLOOHFRORUDGRRIZZZNJDUFKFRP©2018 KGA Studio Architects, PCThese plans are copyrighted and are subject to copyright protection as an architectural work, under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 2016, and known as Architectural Works Copyright Protection Act of 1990. The protection includes, but is not limited to, the overall form, as well as, the arrangement and composition of spaces and elementsof the design. Under such protection, unauthorized use of these plans, work or forms represented, can legally result in the cessation of such construction or building being seized and/or razed.8/22/2018 4:44:55 PM$$$$JOB NO. 189.185XGG\&RQVWUXFWLRQ,6.%6LWH'HYHORSPHQW3ODQ/LQFROQ3ODFH%RXOGHU&26LGH\DUG6HWEDFN9DULDQFH:ROI5HVLGHQFH$GGLWLRQ  6LWH3ODQ6LWH3ODQ6LWH3ODQ6LWH3ODQ  )URQW(OHYDWLRQ)URQW(OHYDWLRQ)URQW(OHYDWLRQ)URQW(OHYDWLRQ  5LJKW6LGH(OHYDWLRQ5LJKW6LGH(OHYDWLRQ5LJKW6LGH(OHYDWLRQ5LJKW6LGH(OHYDWLRQBOZA Disposition of Approval Page 16 of 33 '11(::22'32673$,17720$7&+ ( 75,0$/,*1('*(: ( )1'19(5,)<:522),17(56(&7,21  ( :$// ( :$// ( &21&325&+ ( '5,9(:$<3523(57</,1(1HZ&DU3RUW" ( V758&785(/,1(2)1(:522)$%29(/,1(2) ( 522)$%29(DRAWN BYCHECKED BYVSUXFHVWVWHGORXLVYLOOHFRORUDGRRIZZZNJDUFKFRP©2018 KGA Studio Architects, PCThese plans are copyrighted and are subject to copyright protection as an architectural work, under Section 102 of the Copyright Act, 17 U.S.C., as amended December 1, 2016, and known as Architectural Works Copyright Protection Act of 1990. The protection includes, but is not limited to, the overall form, as well as, the arrangement and composition of spaces and elementsof the design. 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