HomeMy WebLinkAbout2018-23_455 Dewey 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 2018-23
CONCERNING THE APPLICATION FOR A VARIANCE OF THE SETBACK REQUIREMENTS AND BUILDING
SEPARATION OF SECTION 9-7-1, B.R.C. 1981 AT 455 DEWEY AVENUE OF LESLIE AND DAN FINEMAN,
WHOSE MAILING ADDRESS IS 436 UNIVERSITY BLVD, DENVER, COLORADO 80206.
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 construct a new single-family house with detached garage on a substandard-sized lot, the
applicants are requesting a variance to the minimum side adjacent to street (east) yard setback regulations of the RL-
1 zoning district. The subject side yard is adjacent to 5th Street and requires a 25-foot setback because of the
adjacency rule which requires a front yard setback when an adjacent property fronts the same street. The resulting
side (east) yard setback will be approximately 16.3 feet (from a proposed porch) where 25 feet is required.
Additionally, the applicants are requesting a variance to the building separation regulations. The building separation
between the proposed house and detached garage will be approximately 3.3 feet where 6 feet is required. 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 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 39
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
APPL ICATION 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.
i Name of Owner:
•Address:Telephone:
•City: State: Zip Code: Email:
i Name of Contact (if other than owner):
•Address:Telephone:
•City: State: Zip Code: Email:
BOZA Disposition of Approval Page 2 of 39
BOZA Disposition of Approval Page 3 of 39
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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 39
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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 39
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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 39
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(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 39
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(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 39
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(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 39
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(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 39
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 tKe property
3R,17 3RO3(R7< ADDR(66 OR /O&A7,O1
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
3R,17 1A0( O) O:1(R 6 ,) O7+(R 7+A1 A33/,&A17&O17A&7
, Kave read tKe city
s sign posting reTuirements aEove and acNnowledge
Cherie Goff
Leslie and Dan Fineman
445 Dewey
Cherie Goff 9.19.2018
BOZA Disposition of Approval Page 11 of 39
445 Dewey Variance Application HMH Architecture + Interiors
1
September 18, 2018
City of Boulder Planning and Development Services Center 1739 Broadway, third floor
Boulder, CO 80306
Re: Side Yard Setback and Reduction in Building Separation Variance Request Application for
445 Dewey Ave, Boulder, Colorado
New Build of Leslie and Dan Fineman
To: Board of Zoning Adjustment, Zoning Administrator - Brian Holmes and Assistant Zoning
Administrator - Robbie Wyler
Thank you for your consideration of this application. We are requesting two variances so that we
may design a more functional and healthy home at 445 Dewey Ave, with appropriate scale,
mass and setbacks related to the surrounding neighborhood context.
Our variance requests include:
1) A variance under Section 9-7-3, B.R.C. Set Back Encroachments – constructing a
covered side porch measuring 201.5 square feet, within the 25’ setback on the east
side of the house
and
2) A variance under Section 9-7-1, B.R.C. Schedule of Form and Bulk Standards –
decreasing the width of the building separation from 6’-0” to 3’-4”.
Under Section 9-2-3(d), B.R.C., the Board of Zoning Adjustment (“BOZA”) may grant us our
following variance requests if our application satisfies all of the applicable requirements of
Paragraphs (h)(1) and (h)(5) of this same section, B.R.C. We believe our application will meet
all the necessary criteria for BOZA to approve our requested variances.
The information that follows, with attached documentation and diagrams, illustrate the existing
condition of the Fineman’s lot and the variance requests in the context of our build by design
proposal. Being allowed to build the proposed design rather than by right will provide relief for
the Fineman family’s health needs, protect an adjacent neighbors’ property rights and conform
to the neighborhood character.
I. BACKGROUND AND INTENT
The Finemans have the desire to relocate to Boulder to support a healthy lifestyle with the intent
to age in their new residence. They purchased the property on 445 Dewey Ave with the intent of
constructing a new home. Due to Leslie’s severe health issues including toxic mold poisoning,
the Finemans need to scrape the existing house and build new construction that is tailored to
her health needs.
When the Finemans originally went into contract on 445 Dewey, the recorded size of the lot was
6324 square feet. A subsequent survey decreased the actual size to 5904 square feet. As the
BOZA Disposition of Approval Page 12 of 39
445 Dewey Variance Application HMH Architecture + Interiors
2
Finemans began to design their new home, they learned about the various zoning requirements
that constrain the placement, footprint and height of the home – including a front yard setback
on two sides, solar shadow requirements, and bulk plane restrictions. The resulting building
envelope is smaller than they had originally expected and desired.
The Fineman’s primary requirement is to construct a healthy home that is resistant to mold
growth and uses minimal toxic materials. Leslie suffers from a genetic condition that makes it
difficult for her body to process and eliminate biotoxins. She has been diagnosed with toxic mold
poisoning as well as Lyme disease and other co-infections of Lyme (Babesia, Bartonella and
Ehrlichia); Sick Building Syndrome; MCS (Multiple Chemical Sensitivities); and Hashimoto’s
disease, an autoimmune condition. She has been under medical treatment for these conditions
for the past six years.
The Fineman’s environmental health consultant has made several design recommendations
which improve the mold resistance of the house, but also significantly reduce the amount of
interior living space. When combined with building envelope constraints, the resulting design is
significantly smaller than they originally hoped to build, with interior living space of approx. 2140
square feet. This is building close to the maximum extent of the building envelope and does not
allow a covered side porch without further reducing the interior square footage of the home or
encroaching on the side yard setback.
The Finemans love the Newlands neighborhood and the house design that HMH has created for
them, and they have decided to move ahead with construction of the house despite these
limitations. However, because of Leslie’s health conditions – which require avoidance of most
buildings and major dietary restrictions – they are limited to cooking and eating most meals at
home. Additionally, Leslie’s doctor has advised that she should get as much fresh air as
possible to minimize indoor air pollution. The requested side yard setback variance would allow
for a side porch with a moderate amount of covered outdoor eating space to meet the needs of
eating outside at their home as often as possible.
Additionally, due to the limited building envelope, there is not enough space for an attached
garage on the property. To conform to zoning requirements, a minimal 19’-8” wide detached
two-car garage, placed on the northern border of the property, would require a 3’ maintenance
easement from the neighboring property at 2675 5th St. This easement would create a hardship
for the neighboring property owners. The requested Building Separation variance would allow
the Finemans to maintain the utility of a two-car garage while eliminating the need for the
maintenance easement and related impacts to the neighboring property.
In summary, the Finemans are requesting two variances in order to provide relief to these
constraints, so they may have sufficient living space and utility in their new home and support
Leslie’s health, while minimizing impact on the adjacent property.
BOZA Disposition of Approval Page 13 of 39
445 Dewey Variance Application HMH Architecture + Interiors
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II. PROPERTY INFORMATION
Zoning: RL-1
Legal Description: The Easterly 70 feet of lots 2,3 and 4 except the northerly 27.75
feet of lot 2, block 3, mountain heights, located in the northeast
quater of section 25, township 1 north, range 71 west of the 6th
P.M., city of Boulder, count of Boulder, State of Colorado
Lot Area: 5,904 s.f.
Total Floor Area: 2,816 s.f.
Allowed by Right: 3,280 s.f.
2nd Floor 1,047 s.f.
1st Floor 1,277 s.f.
Garage 492
Building Coverage: 2,058 s.f.
(with proposed porch)
Allowed by Right: 2,230 s.f.
III. DESCRIPTION OF SETBACK VARIANCE REQUESTS
A. Side Yard Setback Request
This variance request pertains to Section 9-7-3, B.R.C. Set Back Encroachments:
“No structure or building shall be constructed or maintained in the required setback
except for…
(d) A maximum of thirty inches of roof overhang
We are proposing to construct a covered side porch measuring 201.5 square feet (8’-8” x
23’-3”) within the 25’ setback on the side yard to the east of the house. This would then
leave a 16’-4” setback. This is more then the setback provided by the property directly to
the north, which has a setback of 15’-8” at 2675 5th street.
B. Reduction in Building Separation requirements
This variance request pertains to Section 9-7-1 Schedule of Form and Bulk. The table
shows a 6’-0” required separation between accessory structures and any other buildings.
We are proposing a 3’-4” separation between the garage and any other building.
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In order to meet this 6’-0” separation requirement, the garage is only 19’-8” wide, a narrower
than average two car garage, and would need to use the 0’ rear setback line. This requires
a 3’-0” maintenance easement on the neighboring property, 2675 5th St.
We are proposing to reduce the separation between the house and garage from the required
6’-0” to 3’-4”. By narrowing this distance, we can move the garage to the 3’-0” setback line,
eliminating the need for a 3’-0” maintenance on the neighbors property to the north.
Lastly, all other improvements described in our proposed new build design will conform to all
other setback, height, solar shadow, building coverage, parking and other City of Boulder
requirements. We respectively request approval of the following set back variances so that
Finemans may build our proposed design.
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IV. CRITERIA FOR SIDE YARD SETBACK VARIANCES AND BUILIDNG SEPARATION
REQUIRNMENTS
A. Side Yard Setback Variance
We think BOZA shall be able to grant this variance request because our application satisfies all
of the applicable requirements of Section 9-2-3, B.R.C., Paragraphs (h)(1) and (h)(5) as follows:
(h)(1) “Physical Conditions . . .
(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;”
There are several conditions that place constraints on what the Finemans are able to build,
where they are able to locate their home and what we are able to design. The whole of
these constraints creates a hardship to the Finemans if required to build by right. The
following describes the peculiarities related to the Fineman’s affected property and their
enjoyment of it:
1. 445 Dewey Ave’s lot is:
a) Smaller than previously recorded by the City of Boulder at the time of purchase –
recent survey measures the lot at 5904 square feet instead of the recorded 6324
square feet
b) Being a corner lot the property has greater setbacks requirements then interior
lots. A front setback of 23’-3” (with setback reduction applied), 25’ side street
setback, a 5’ side yard setback, and a 25’ back yard setback. These combine to
create a building footprint area of approximately 39’-10” x 37’-1 1/2”, which is
1484 s.f., a smaller then typical building footprint in the area.
c) Given the small building footprint of the site solar shadow restriction creates a
further hardship. These create height restriction that prevent usable rooms along
the west side of the house on the second floor.
2. Due to Leslie’s health issues, they have consulted with an environmental health expert to
design a mold-resistant home. The resulting design further reduces the amount of
interior living space:
a) No basement: basements are more susceptible to dampness and mold growth.
Additionally, given the history of floods in the Newlands neighborhood, a
basement would be more susceptible to future flooding. This reduces the
potential interior living space by approx. 1175 square feet.
b) Nexcem framing: Nexcem is an ICF (insulated concrete form) wall system that
improves vapor permeability and reduces the risk of mold growth. This will create
an exterior wall assembly that is 17”, compared to a typical wood framed house
that would be around 8”, which further reduces interior living space compared to
standard wood framing by approx. 200 s.f.
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3. Further, Leslie’s health issues limit her ability to visit other homes and restaurants, and
require that she get as much fresh air as possible:
a) Leslie’s treatment protocol requires that she avoid buildings that may have mold
growth or toxic materials. This generally means that she can’t visit homes or
commercial buildings that are more than 5 years old, or have sustained water
damage – as many of the buildings in Boulder did in the 2013 flood.
b) As a result, the Finemans eat most of their meals at home and when they
socialize, it is safer to entertain guests at their home rather than to visit other
homes.
c) Leslie’s doctor has advised that she get as much fresh air as possible to
minimize the risk of indoor air contamination.
In sum, these restrictions increase the amount of time that the Finemans spend at home and
they would like to eat outside as much as possible. This increases their need for a functional
outdoor eating area that is reasonably protected from sun and rain exposure.
“(B) The unusual circumstances or conditions do not exist throughout the neighborhood or
zoning district in which the property is located;”
Being a corner lot the property has greater setbacks requirements then interior lots. A front
setback of 23’-3” (with setback reduction applied), 25’ side street setback, 5’ side yard
setback, and a 25’ back yard setback. These combine to create a building footprint area of
approximately 39’-10” x 37’-1 1/2”, which is 1484 s.f., a smaller then typical building footprint
in the area.
While we were permitted to use setback averaging in the front yard, that is not permitted in
the side yard, resulting in a larger setback than other properties on 5th St., including the
existing house at 445 Dewey St. which is 20.8’ from the property line.
Leslie’s health condition imposes additional constraints on the Fineman’s house that do not
exist for other neighboring properties and their residents.
“(C) Because of such physical circumstances or conditions the property cannot reasonably be
developed in conformity with the provisions of this chapter;”
In order to conform with Section 9-7-3, B.R.C. Set Back Encroachments, the maximum
amount of covered space in the side yard would be limited to approx. 70 square feet. This
could be achieved with a roof overhang encroaching 30” into the side yard with a length of 28
feet along the exterior wall. 30” of covered space is insufficient to place a covered outdoor
table and chairs, with adequate protection from sun and rain. This would prevent using the
covered area as an outdoor dining space.
“(D) Any unnecessary hardship has not been created by the applicant.”
Based on careful consideration, we believe no hardship would be created by the proposed
variance.
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(h)(5) Requirements for All Variance Approvals:
“(A) Would not alter the essential character of the neighborhood or district in which the lot is
located;”
Our proposed design will meet this requirement because a number of the houses in the
neighborhood have porches visible from the street, and our proposed side yard porch would
provide a welcoming area for socializing with guests and neighbors. Additionally, other
houses on 5th St. have reduced front yard setbacks, including the existing house structure at
445 Dewey St. Therefore we believe the proposed variance would be consistent with the
essential character of the neighborhood.
“(B) Would not substantially or permanently impair the reasonable use and enjoyment or
development of adjacent property;”
We believe there would be no substantial or permanent impairment of the reasonable use
and enjoyment or development of the adjacent properties.
“(C) “Would be the minimum variance that would afford relief and would be the least
modification of the applicable provisions of this title;”
The proposed variance would add 8’-8” of depth to a covered side yard porch, beyond the
conforming 30” feet permitted by Section 9-7-3, B.R.C. This creates a depth of 9’-6” to the
edge of the columns, which we feel is the minimal depth for an 8-seat table and chairs to
allow for outdoor eating. This would provide the Finemans with adequate relief for Leslie’s
health conditions by enabling them to eat outside as often as possible.
Note that the proposed front yard porch on the south side of the house conforms to all
zoning requirements. We use setback averaging to create new south setback of 22’-3”. The
front porch is in the setback and meets front porch exception. It should be noted that while
the front porch provides some covered exterior space, it is not large enough for outdoor
dining.
“(D) Would not conflict with the provisions of Section 9-9-17, "Solar Access," B.R.C. 1981.”
Our proposal will not conflict with the provisions of Section 9-9-17, Solar Access, B.R.C.
(See attached solar access diagram.)
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B. Building Separation Variance
We think BOZA shall be able to grant this variance request because our application satisfies all
of the applicable requirements of Section 9-2-3, B.R.C., Paragraphs (h)(1) and (h)(5) as follows:
(h)(1) “Physical Conditions . . .
(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;”
There are several conditions that place constraints on what the Finemans are able to build,
where they are able to locate their home and what we are able to design. The whole of these
constraints creates a hardship to the Finemans and their neighbor to the north, if required to
build by right. The following describes the peculiarities related to Fineman’s affected
property:
1. 445 Dewey Ave’s lot is:
a) Smaller than previously recorded by the City of Boulder at the time of purchase –
recent survey measures the lot at 5904 square feet instead of the recorded 6324
square feet
b) Being a corner lot the property has greater setbacks requirements then interior
lots. A front setback of 23’-3” (with setback reduction applied), 25’ side street
setback, a 5’ side yard setback, and a 25’ back yard setback. These combine to
create a building footprint area of approximately 39’-10” x 37’-1 1/2”, which is
1484 s.f., a smaller than typical building footprint in the area.
c) Permitted to place a detached garage up to 500 square feet in the adjacency
setback on the northern side of the property, subject to a 3’ maintenance
easement on the neighboring property
2. To conform with Section 9-7-1 Schedule of Form and Bulk Standards, the placement of
the garage on the edge of the northern property line would create a hardship for the
neighboring property, 2675 5th St.
a) Conforming placement would require a 3’ maintenance easement from the
neighboring property at 2675 5th St.
b) Based on feedback from the property owners, this would present a hardship for
them, as it would be a liability when they eventually sell the property
c) Additionally, construction of the garage on the property line would likely destroy
two existing trees located on the property of 2675 5th St.
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“(B)The unusual circumstances or conditions do not exist throughout the neighborhood or
zoning district in which the property is located;”
We have a relatively small at only 5904 s.f.. In addition, being a corner lot imposes unique
restrictions, with larger setbacks that limit the size and placement of the garage.
Additionally, the placement of two trees adjacent to the northern property line on the
neighboring lot presents a unique challenge and hardship for the neighboring property
owners if the garage was to be located on the property line.
“(C) Because of such physical circumstances or conditions the property cannot reasonably be
developed in conformity with the provisions of this chapter;”
The property’s physical circumstances and its code restrictions make it difficult for us to
design a home in conformity with the applicable provisions, while maintaining the utility and
property value of a two-car garage, and avoiding hardship for the neighboring property.
If required to build by right, the viable options available to the Finemans would create further
hardships:
1. Reduce the width of the garage by 36”. This solution would limit the utility of the garage
to only fitting one car. The exterior width of the proposed garage is only 19’-8” (with an
interior width of 19’-0). This would present a significant constraint on livability during
inclement weather, requiring a second car to be parked in the driveway or on the street.
This would also expose the second car to more extreme weather including sun, snow
and hail, which would accelerate depreciation of the car’s value. Finally, a one-car
garage would significantly reduce property value, given that buyers in this price range
typically expect to have a two-car garage.
2. Move the northern wall of the house 36” to the south, and also move the garage 36” to
the south. This solution would reduce the living space of the house, which is already
constrained by lot size and zoning requirements. This would further impact livability of
the house for the Finemans, to the point that it would no longer be a viable home for
them.
3. Move both the house and garage 36” to the south towards Dewey St.. This would require
a variance to the front yard setback requirements in Section 9-7-2, B.R.C. While this is
the simplest and most appealing solution for the Finemans, they recognize that it is
unlikely that BOZA would approve this variance as it would not conform with front yard
setback rules.
“(D) Any unnecessary hardship has not been created by the applicant.”
Based on careful consideration, we believe no hardship would be created by the proposed
variance.
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(h)(5) Requirements for All Variance Approvals:
“(A) Would not alter the essential character of the neighborhood or district in which the lot is
located;”
Our design by build proposal will meet this requirement because:
1. The only visible impact of the variance would be a slightly narrower separation between
the house and garage. This is not in violation of the IRC. This could impact the fire
resistant construction required per the IRC, Fire-Resistant Construction, R3012.1,
however does not per the table and exceptions below, as the walls are located on the
same lot line, and projections and openings meet minimum fire separation distance.
R302.1 Exterior Walls
Construction, projections, openings and penetrations of exterior walls of dwellings and
accessory buildings shall comply with Table R302.1(1); or dwellings equipped
throughout with an automatic sprinkler system installed in accordance with Section
P2904 shall comply with Table R302.1(2).
Exceptions:
(2) Walls of dwellings and accessory structures located on the same lot.
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2. A two-car garage will enhance the property value of 445 Dewey, which will have a
positive impact on property values for the immediate neighborhood.
“(B) Would not substantially or permanently impair the reasonable use and enjoyment or
development of adjacent property;”
We believe there would be no substantial or permanent impairment of the reasonable use
and enjoyment or development of the adjacent property. The requested variance would
protect the property rights and landscaping of the neighboring lot at 2675 5th St., by avoiding
the need for a maintenance easement and avoiding damage to the existing trees on their
property.
“(C) “Would be the minimum variance that would afford relief and would be the least
modification of the applicable provisions of this title;”
The proposed variance would narrow the breezeway by 2’-8”. This is the minimum amount
required to create a 3’ maintenance corridor on the Fineman’s property. This solution would
provide relief to the Finemans by maintaining the utility and value of a two-car garage, while
protecting the neighboring lot’s property rights and landscaping improvements.
“(D) Would not conflict with the provisions of Section 9-9-17, "Solar Access," B.R.C. 1981.”
Our design by build proposal will not conflict with the provisions of Section 9-9-17, Solar
Access, B.R.C. (See attached solar access diagram.)
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V. IMPROVEMENT SURVEY PLAT
The enclosed improvement survey plat for 445 Dewey Ave, dated March 20, 2018, shows
the existing house and legal property boundaries.
VI. NEIGHBORHOOD SUPPORT
The Fineman’s adjacent, affected property owners and surrounding neighbors have voiced
their enthusiasm and support for our build by design proposal. Additionally they have
reviewed drawings of our proposed lot improvements by design in comparison to a build by
right, as well as additional neighborhood and design by build details attached with this
application. Enclosed please find signed letters and related drawings endorsing their support
of our build by design proposal and our requested variances.
Adjacent, affected property owners endorsing their support:
503 Dewey Ave – Alan Lewis and Meredith Branscombe Lewis
Note: the owners of 2675 5th St. were unavailable at time of submission. The Finemans have
received initial feedback from them regarding placement of the garage and the hardships of
a maintenance easement, and plan to meet with them again prior to the next BOZA meeting
to review the requested variances.
Surrounding neighbors endorsing their support:
513 Dewey Ave – Michael and Jessica McCrea
In summary, we appreciate your time in reviewing our variance requests. We believe our BOZA
application satisfies all the requirements of Paragraphs (h)(1) and (h)(5) of Section 9-2-3,
B.R.C., and that our build by design is in the Fineman’s, their adjacent property owners’ and
neighborhood’s and the City of Boulder’s best interests compared to what we could design by
right. We sincerely hope you agree and approve our aforementioned variance requests.
Thank you for your consideration.
Cherie Goff, Architect
HMH ARCHITECTURE + INTERIORS
1701 15th Street, Suite B
Boulder, CO 80302
Phone: 303.444.8488
Email: cherie@hmhai.com
BOZA Disposition of Approval Page 23 of 39
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1131 Paradise Ln. Ashland OR 97520 ● paula@econest.com ● 541.488.9508
September 18, 2018
Paula Baker Laporte
1131 Paradise Ln
Ashland OR, 97520
To: City of Boulder Planning and Development Services Center
1739 Broadway, third floor
Boulder, CO 80306
Board of Zoning Adjustment, Zoning Administrator - Brian Holmes and Assistant Zoning
Administrator - Robbie Wyler
Re: Side Yard Setback and Breezeway Connection Variance Request Application for 445
Dewey Ave, Boulder, Colorado
New Build of Leslie and Dan Fineman
BOZA Members,
This letter is to confirm my recommendations to the Finemans for the construction of a healthy
home designed to accommodate Leslie Fineman’s medical conditions which include severe
mold sensitivity and Multiple Chemical Sensitivities.
I have been consulting with the Finemans, their architect and contractor since March and my
recommendations have included:
Elimination of a basement.
Use of an insulated masonry block wall system because of its mold resistance and non
toxicity.
Separation of Garage and House to avoid car fumes within the house which can be
devastating to a person with Leslie’s sensitivies
Outdoor areas that facilitate spending time in fresh air.
The use of non-toxic building materials.
Please don’t hesitate to contact me if you require clarification on any of these recommendations.
Regards,
Paula Baker-Laporte FAIA
BOZA Disposition of Approval Page 26 of 39
Merredith Branscombe Lewis and Alan Lewis
503 Dewey Avenue
Boulder, Colorado 80304
September 18, 2018
Brian Holmes, Board of Zoning Adjustment, Zoning Administrator
Robbie Wyler, Assistant Zoning Administrator
City of Boulder Planning and Development Services Center
1739 Broadway, 3rd Floor
Boulder, CO 80306
Re: Letter in support of Variance Request Application for 445 Dewey Ave, Boulder,
Colorado/New Build of Leslie and Dan Fineman
Dear Mr. Holmes and Mr. Wyler,
We are writing to let you know we support the Variance request by Leslie and Dan
Fineman for 445 Dewey Avenue, directly across 5th Avenue from our own home.
We first met Leslie and Dan last year when they were looking for homes in the
neighborhood, and were delighted to discover that they were able to purchase the lot
directly across the street from us; to be frank, we were a little worried that it would be
developed by a builder who might tear down the amazing cottonwood tree on the land, or
erect a mini-mansion that would change the character of the neighborhood -- which is a
pretty lovely mix of mostly smaller homes.
We are aware of Leslie’s health condition and completely understand why they wanted to
build a home that is safe from any of the toxicity issues left over from the 2013 flood. They
have shown us their plans, and we were pleased to see that they and their architect had
designed a smaller home with a peaked roof (and they’d leave the tree!). We understand
that they are requesting a variance in accordance with all the setbacks entailed in a corner
lot. We are actually quite thrilled about the prospect of a home with a porch: porches help
promote community and neighborliness.
We think the design is great, given all the constraints they are working with; and insofar
as you take into consideration neighbors’ opinions, we wanted to let you know that we
have no problems with their variance and even support it. We are hoping to welcome
Leslie and Dan to the neighborhood, and get to know them as they live in a home that
helps keep them healthy and productive for years to come.
Please feel free to contact either Alan (alewis3001@gmail.com) or me
(Merrbrans@gmail.com) if you have any further questions.
Many thanks,
Merredith Branscombe Lewis
BOZA Disposition of Approval Page 27 of 39
Michael McCrea
513 Dewey Ave.
Boulder CO 80304
michaelmccrea@gmail.com
720.470.3585
To Whom It May Concern:
I am writing to you in support of Dan and Leslie Fineman in regard to their effort to
seek variances as they build their house at 445 Dewey.
I have looked at the plans that include a side porch on the East side of the structure
and a narrowing of the breezeway to accommodate moving the garage off of the
zero lot line. As their neighbor, these variances seem to me to be very reasonable
requests.
The side porch would give them functional exterior place that is in alignment with
the existing homes on 5th going North. I think those homes already have variances
for reduced yards or are grandfathered in. Also given the smallish scale of their new
build, the exterior living space created by the porch makes the structure more open
and social to the neighborhood. It looks like it makes sense from a design
perspective too. We don’t want a “box only” design in our eclectic neighborhood.
The reduced breeze way is certainly a reasonable way to get the garage off the zero
lot line and make it possible to still build a small home with the basic functionality
one would expect from a new build effort. It also reduces the chance of friction with
the new build process and adjacent neighbors.
As a resident of 16 years, just two houses away, I am thrilled to have Dan and Leslie
as a new neighbors. Their new house will be a thoughtful and appropriately scaled
structure to our neighborhood. Please give them the variances requested so they
can create a modestly sized beautiful home with the basic functionality that us folks
on Dewey already enjoy.
Thank you for your consideration.
Michael McCrea
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B EXISTING HOUSE TO BE REMOVEDAC
17 0 1 15TH STREET, STE. BARCHITECTURE + INTERIORS1701 15TH STREET, SUITE BBOULDER, CO 80302303.444.8488445 Dewey Avenue[ site plan ]FRONT PORCH APPEARS TO BE WITHIN THE FRONT YARD SETBACK26455TH ST. D E BOZA Disposition of Approval Page 30 of 39
[ elevations ]A4465 5TH ST. FRONT PORCH APPEARS TO BE WITHIN THE FRONT YARD SETBACK B445 DEWEY AVE. EXISTING HOUSE TO BE REMOVEDC2675 FIFTH STREETD2687 FIFTH STREETE2695 FIFTH STREETELEVATION ALONG 5TH STREETBOZA Disposition of Approval Page 31 of 39
G1.1PROJECT #CHECKED BY:DRAWN BY:DATE:SITE PLAN#INITIALSCOPYRIGHT 2016,HMH ARCHITECTURE + INTERIORSHARVEY M. HINE, ARCHITECTTHE DRAWINGS CREATED BY THIS OFFICE ARECOPYRIGHTED UNDER THE ARCHITECTURALWORKS COPYRIGHT ACT OF 1991ANY USE OF THESE DRAWINGS, INCLUDINGCOPYING OR MODIFYING THE ORIGINAL DESIGNFOR CONSTRUCTION IS PROHIBITED WITHOUTTHE EXPRESS WRITTEN CONSENT OF THISOFFICE9/18/18445 DEWEYBOULDER, COLORADODEWEYHMH ARCHITECTURE +INTERIORS1701 15TH STREETBOULDER CO 80302303.444.8488303.413.0305HMHAI.COMINITIALS201.5 sq ft132.5 sq ftN69'-10"7'-8"2'-4"23'-3"2'-8"8'-8"2'-6"8'-8" 2'-6"2'-4"9'-0"16'-4"3'-4"3'-1"3'-2 1/4"22'-3"37'-1 1/2"25'-0"5'-0"39'-9 7/8"25'-0"5438LOWEST POINT WITHIN 25'ELEVATION: 5437.2'22'-3" FONT SETBACK W/SETBACK AVERAGING25'-0" SETBACK5'-0" SETBACK25'-0" SETBACKGARAGE SLABAT DOOR5438.5'FIRST FLOOR5439'54385437DEWEY AVENUEFIFTH STREETSANITARY MANHOLESN89.45'38"E 69.83' (C) 70' (TC)S00 00'01" E 84.46' (C)S89.50'11"W 69.83' (C) 70' TCN00.00'00"E 84.37' (C)STSTORM MANHOLEWVWVWVWVWATER METERWMOVERHEAD UTILITY LINESANITARY SEWER LINEWATER LINELOWEST POINT WITHIN 25'ELEVATION: 5437COVEREDBREEZEWAYPROPOSED VARIANCE:3'-4" BUILDING SEPARATION BETWEENGARAGE AND HOUSENEIGHBORSGARAGEFRONT PORCHSETBACKENCROACHEMENT PER 9-7-3435 DEWAY 18.3'SETBACK, AND 431DEWEAY HAS 26.2,THESE AVERAGE 22'-3"O.H.PROPOSEDPORCHOVERHANGPORCHPORCHBUILDINGSEPARATIONPROPOSED VARIANCE:8'-8" X 21'-6" SIDESETBACKENCROACHMENT12O.H.OVERHANGFRONT PORCHPORCHSCALE: 1/8" = 1'-0"1SITE PLANBOZA Disposition of Approval Page 32 of 39
G1.2PROJECT #CHECKED BY:DRAWN BY:DATE:FAR, BuildingCoverage, Bulkplane#INITIALSCOPYRIGHT 2016,HMH ARCHITECTURE + INTERIORSHARVEY M. HINE, ARCHITECTTHE DRAWINGS CREATED BY THIS OFFICE ARECOPYRIGHTED UNDER THE ARCHITECTURALWORKS COPYRIGHT ACT OF 1991ANY USE OF THESE DRAWINGS, INCLUDINGCOPYING OR MODIFYING THE ORIGINAL DESIGNFOR CONSTRUCTION IS PROHIBITED WITHOUTTHE EXPRESS WRITTEN CONSENT OF THISOFFICE9/19/18445 DEWEYBOULDER, COLORADODEWEYHMH ARCHITECTURE +INTERIORS1701 15TH STREETBOULDER CO 80302303.444.8488303.413.0305HMHAI.COMINITIALS1,331 sq ft492 sq ft133 sq ft205 sq ft30 sq ft(5,904 X .2) + 1,050 = 2,229MAX BUILDING COVERAGE = 2,230BUILDING FOOTPRINT = 1,331ACCESSORY FOOTPRINT = 492FRONT PORTCH 133 (NOT INCLUDEDCOVERED BREEZEWAY = 30SIDE PORCH = 205PROPOSED BUILDING COVERAGE = 2,058BREEZEWAYPROPOSEPORCHFRONTPORCH1,277 sq ft492 sq ft58 sq ftLOT AREA = 5,904 S.F.FLOOR AREA RATIO = .122MAX FLOOR AREA (RL-1) = 3,280(5,904 X 0.2 + 2,100 = 3,280 S.F.)FIRST FLOOR AREA = 1,277BASEMENT =0SECOND FLOOR = 1,047DETACHED GARAGE = 492TOTAL PROPOSED FLOOR AREA = 2,816MECHANICALROOM NOTINCLUDED1,047 sq ft105 sq ft59 sq ftATTIC SPACEUNDER 6'-0" HIGHNOT INCLUDEDUPPER PORTIONOF STAIR NOTINCLUDED10:00 AM 2:00 PM 10:00 AM 2:00 PM 10:00 AM 2:00 PMA5,553.9'5,538.0'5,538.0'15.9'15.9'10.3'10.3'B5,553.9'5,538.0'5,538.0'15.9'15.9'10.4'10.4'C5,561.1'5,538.0'5,538.0'23.1'23.1'29.5'29.5'D5,559.2'5,538.0'5,538.0'21.2'21.2'24.4'24.4'E5,561.1'5,538.0'5,538.0'23.1'23.1'29.5'29.5'F5,559.2'5,538.0'5,538.0'21.2'21.2'24.4'24.4'G5,558.8'5,538.0'5,538.0'20.8'20.8'23.2'23.2'H5,559.2'5,538.0'5,538.0'21.2'21.2'24.4'24.4'I5,548.5'5,538.0'5,538.0'10.5'10.5'-4.0'-4.0'J5,548.5'5,538.0'5,538.0'10.5'10.5'-4.0'-4.0'K5,550.2'5,538.0'5,538.0'12.2'12.2'0.5'0.5'L5,550.2'5,538.0'5,538.0'12.2'12.2'0.4'0.4'ELEVATION OF GRADE AT PROPERTY LINERELATIVE HEIGHT OFROOF ELEMENTLENGTH OF SHADOWELEVATION OF ROOF ELEMENTROOF ELEMENT2'-2"5'-0"39'-10"25'-0"14'-9 3/4"14'-9 1/2"20'-1 1/4"10'-1/4"20'-1 1/4"21'-6 3/4"22'-1/4"19'-7 3/4"20'-1 1/4"10'-1/4"13'-10"13'-10"5,538'10'-2 1/2"10'-2 1/2"10'-2 1/2"FIRSTFLOOR5539A =5,553.896C=5,561.125D =5,559.21E =5,561.125F =5,559.21'G =5,558.75H =5,559.21'5438B =5,553.917I =5548.5J =5,548.5K =5,550.16 L =5,550.16GARAGESLAB5538.55438AA5438 GRADE ELEV.12'-0"5'-11"12'-0"SCALE: 1/8" = 1'-0"1BUILDING COVERAGESCALE: 1/8" = 1'-0"3FAR FIRST FLOORSCALE: 1/8" = 1'-0"2FAR SECOND FLOORSCALE: 1/8" = 1'-0"4SOLAR SHADOWSCALE: 1/8" = 1'-0"ABULK PLAN SECTIONBOZA Disposition of Approval Page 33 of 39
A2.0PROJECT #CHECKED BY:DRAWN BY:DATE:First Floor Plan#INITIALSCOPYRIGHT 2016,HMH ARCHITECTURE + INTERIORSHARVEY M. HINE, ARCHITECTTHE DRAWINGS CREATED BY THIS OFFICE ARECOPYRIGHTED UNDER THE ARCHITECTURALWORKS COPYRIGHT ACT OF 1991ANY USE OF THESE DRAWINGS, INCLUDINGCOPYING OR MODIFYING THE ORIGINAL DESIGNFOR CONSTRUCTION IS PROHIBITED WITHOUTTHE EXPRESS WRITTEN CONSENT OF THISOFFICE9/18/18445 DEWEYBOULDER, COLORADODEWEYHMH ARCHITECTURE +INTERIORS1701 15TH STREETBOULDER CO 80302303.444.8488303.413.0305HMHAI.COMINITIALS1,173 sq ft497 sq ft1,186 sq ft123456789101112 13 14 15 16DOWNUP3-0x8-030905-0 x 8-02-8x8-02-0x8-02-0x8-03-10x9-02-8x8-015-6x9-030463-0x8-02-8 x 9-02-8x8-082208-0x6-103076307630903-0x8-102-8x8-02-8x8-0DWFHWDW19'-7 1/4"25'-0"25'-2 1/2"19'-8 1/4"37'-4"22'-3"1 3/4" 2'-2 3/4"29'-1 1/2"3'-1/2" 5 1/2" 6'-10 1/2"3'-3"21'-6 1/4"3'-6"9'-1 3/4"5 1/2"8'-3"6'-7 1/4"5'-2 1/2"4'-8 1/4"3'-1/2"9'-1"5 1/2"15'-8"8'-10 3/4"8'-8 1/4"5 1/2"37'-4"9 1/2"7'-10 1/2"3'-5"3'-0"6'-7"3'-1/2" 2'-3 1/4"6'-9"3'-1/2" 6 1/2"9'-6 1/4"2'-6"27'-0"10'-4"24'-3 3/4"27'-0"10'-4" 9'-6 1/4"3'-6"3'-1"3'-2 1/4"2'-4 3/4"22'-3"37'-1 1/2"25'-0"1A4.01A4.01A4.12A4.13A4.12A4.02A4.04A4.14A4.11A3.03A3.02A3.14A3.02A3.0GARAGECONCRETEPANTRYENTRYWOODBATHTILEMUDTILEKITCHENTILEDININGWOODLIVINGWOODOFFICEWOODLAUNDRYTILEfireplaceFRONTPORCHCONCRETE5439MECH. /STORAGETILE5439RIDGEC0ATBREEZEWAYCONCRETERECESSEDHOOD951 sq ftDOWNUP2-8x8-02-8x8-0710663-0x8-02-8x8-0304871054 305430465114697210304630393046874856462-6x7-0
30203036 2834 50345036 30362-8x8-02-8x6-5 3/41A4.01A4.12A4.13A4.12A4.02A4.01A3.01A3.13A3.02A3.010'-7"26'-9"34'-2"5 1/2" 3'-1/2"10'-3"3'-1/2" 6"8'-3 1/2"5" 3'-2 1/4" 4'-5 3/4" 6"37'-4"MSTRBEDROOMWOODTV AREAWOODBEDROOMWOODCLOSETWOODMASTERBATHTILEDECKCOMPOSITEDECKINGATTICACCESSWITHPULLDOWNLADDERBATHTILECLOSETWOOD311188318 321862212-8x8-0 2-8x8-0304886295736210362-8x8-0SCALE: 1/4" = 1'-0"1FIRST FLOORSCALE: 1/4" = 1'-0"2SECOND FLOORBOZA Disposition of Approval Page 34 of 39
A2.1PROJECT #CHECKED BY:DRAWN BY:DATE:Roof Plan#INITIALSCOPYRIGHT 2016,HMH ARCHITECTURE + INTERIORSHARVEY M. HINE, ARCHITECTTHE DRAWINGS CREATED BY THIS OFFICE ARECOPYRIGHTED UNDER THE ARCHITECTURALWORKS COPYRIGHT ACT OF 1991ANY USE OF THESE DRAWINGS, INCLUDINGCOPYING OR MODIFYING THE ORIGINAL DESIGNFOR CONSTRUCTION IS PROHIBITED WITHOUTTHE EXPRESS WRITTEN CONSENT OF THISOFFICE9/18/18445 DEWEYBOULDER, COLORADODEWEYHMH ARCHITECTURE +INTERIORS1701 15TH STREETBOULDER CO 80302303.444.8488303.413.0305HMHAI.COMINITIALS1A4.01A4.01A4.11A4.12A4.12A4.13A4.13A4.12A4.02A4.04A4.14A4.11A3.01A3.13A3.02A3.14A3.02A3.02'-3 1/2"2 5/8"1'-4 1/2"RIDGESLOPE 6" PER FOOTSLOPE 3.125" +/- PER FOOTRE: BUIDIING SECTIONSRIDGEDECK BELOWCOMPOSITE WOODDECKING W/SLOPEDUNDERDECKINGTHROUGH WALLSCUPPER WITHOVERFLOWSLOPE 1/4" PERFOOTSLOPE 1/4" PERFOOTTPO ROOFCLASS "A" MIN.BREEZEWAY ROOFTPO ROOFCLASS "A" MIN.PORCH ROOFTPO ROOFCLASS "A" MIN.ROOF OVERHANGTPO ROOFCLASS "A" MIN.STANDING SEAMMETAL ROOFCLASS "A" MIN.STANDING SEAMMETAL ROOFCLASS "A" MIN.STANDING SEAMMETAL ROOFCLASS "A" MIN.STANDING SEAMMETAL ROOFCLASS "A" MIN.SLOPE 6" PER FOOTSLOPE 2" PER FOOTPREFINISHED METALFASCIA STYLE GUTTER W/GUTTER GAURD OR OTHERAPPROVED METHOD TOPREVENT ACCUMULATIONOF LEAVES PER 2012 IWUIC506.4 TYPICALPREFINISHED METALFASCIA STYLE GUTTER W/GUTTER GAURD OR OTHERAPPROVED METHOD TOPREVENT ACCUMULATIONOF LEAVES PER 2012 IWUIC506.4 TYPICALRIDGESLOPE 1" +/- PER FOOTRE: BUILDING SECTIONSSCALE: 1/4" = 1'-0"1ROOF PLANBOZA Disposition of Approval Page 35 of 39
A3.0PROJECT #CHECKED BY:DRAWN BY:DATE:South & EastElevation#INITIALSCOPYRIGHT 2016,HMH ARCHITECTURE + INTERIORSHARVEY M. HINE, ARCHITECTTHE DRAWINGS CREATED BY THIS OFFICE ARECOPYRIGHTED UNDER THE ARCHITECTURALWORKS COPYRIGHT ACT OF 1991ANY USE OF THESE DRAWINGS, INCLUDINGCOPYING OR MODIFYING THE ORIGINAL DESIGNFOR CONSTRUCTION IS PROHIBITED WITHOUTTHE EXPRESS WRITTEN CONSENT OF THISOFFICE9/18/18445 DEWEYBOULDER, COLORADODEWEYHMH ARCHITECTURE +INTERIORS1701 15TH STREETBOULDER CO 80302303.444.8488303.413.0305HMHAI.COMINITIALS348.25 sq ft37.25 sq ft59 sq ft110'-9" T.O. SECOND FLOOR PLYWOOD100'-0" TOP OF SLAB114'-3" TOP OF PLATE119'-7" TOP OF PLATES99'-0" GRADE125'-6" TOP OF UPPER ROOF109'-0" BOTTOM OF ROOF2A4.01A4.0BRICK ON ICF'SMETAL SIDING IN WOODSTUDSMETAL CLAD WOODWINDOWSMETAL FASCIAMETAL CAP126123.125 +/-METAL FASCIAACCESSORY METAL FROMWINDOW MANUFACTURE109'-1 7/8" BOTTOM OF ROOF113'-10" TOP OF GARAGE ROOF100'-0" TOP OF FIRST FLOOR 5439'99'-0" GRADE108'-0" BOTTOM OF ROOF1A4.0THIN BRICK VENEERON WOOD STUDSMETAL ROOFMETAL SIDING IN WOODSTUDSMETAL FASCIAMETAL CAP125'-6" TOP OF UPPER ROOF122'-4" TOP OF LOWER ROOF119'-1 7/8" PLATE HEIGHT108'-2 7/8" GARAGE PLATE HEIGHT113'-10" TOP OF GARAGE ROOF100'-0" TOP OF SLAB 5439'99'-0" GRADE2A4.01A4.0THIN BRICK VENEERON WOOD STUDSMETAL ROOFMETAL SIDING IN WOODSTUDSMETAL FASCIAMETAL CAPACCESSORY METAL FROMWINDOW MANUFACTURE125'-4 3/4" TOP OF ROOF122'-4" TOP OF LOWER ROOF119'-1 1/4" PLATE HEIGHT110'-9" T.O. SECOND FLOOR PLYWOOD109'-3/4" BOTTOM OF BREEZEWAY ROOF 100'-0" TOP OF SLAB 5439' 99'-0" GRADE2A4.01A4.0BRICK ON ICF'SMETAL FASCIAMETAL CAPMETAL FASCIA123.125 +/-126ACCESSORY METAL FROMWINDOW MANUFACTURESCALE: 1/4" = 1'-0"1SOUTH ELEVATIONSCALE: 1/4" = 1'-0"2GRAGE SOUTH ELEVATIONSCALE: 1/4" = 1'-0"4NORTH GARAGE ELEVATIONSCALE: 1/4" = 1'-0"3NORTH ELEVATIONBOZA Disposition of Approval Page 36 of 39
A3.1PROJECT #CHECKED BY:DRAWN BY:DATE:South & WestElevation#INITIALSCOPYRIGHT 2016,HMH ARCHITECTURE + INTERIORSHARVEY M. HINE, ARCHITECTTHE DRAWINGS CREATED BY THIS OFFICE ARECOPYRIGHTED UNDER THE ARCHITECTURALWORKS COPYRIGHT ACT OF 1991ANY USE OF THESE DRAWINGS, INCLUDINGCOPYING OR MODIFYING THE ORIGINAL DESIGNFOR CONSTRUCTION IS PROHIBITED WITHOUTTHE EXPRESS WRITTEN CONSENT OF THISOFFICE9/18/18445 DEWEYBOULDER, COLORADODEWEYHMH ARCHITECTURE +INTERIORS1701 15TH STREETBOULDER CO 80302303.444.8488303.413.0305HMHAI.COMINITIALS418 sq ft167.25 sq ft99'-6"109'-0" T.O. GARAGE PLATE113'-10" TOP OF GARAGE ROOF99'-6" SLAB AT GARAGE DOOR99'-0" GRADE100'-0" TOP OF SLAB5439'110'-9" T.O. SECOND FLOOR PLYWOOD113'-6" PLATE HEIGHT119'-8 1/2" TOP OF PLATE122'-4" TOP OF LOWER ROOF125'-6" TOP OF LOWER ROOF3A4.12A4.11A4.14A4.1THIN BRICK VENEERON WOOD STUDSPROPERTY LINEMETAL SIDING IN WOODSTUDSMETAL FASCIAMETAL CAP126212BRICK ON ICF'SMETAL SIDING IN WOODSTUDSMETAL ROOFMETAL CAPMETAL FASCIAACCESSORY METAL FROMWINDOW MANUFACTURE125'-6" TOP OF UPPER ROOF122'-4" TOP OF LOWER ROOF119'-8 1/2" TOP OF PLATE110'-9" T.O. SECOND FLOOR PLYWOOD100'-0" TOP OF SLAB 5439'99'-0" GRADE113'-10" TOP OF GARAGE ROOF99'-6" TOP OF GARAGE SLAB109'-0" T.O. GARAGE PLATE3A4.12A4.11A4.14A4.1BRICK ON ICF'SMETAL SIDING IN WOODSTUDSMETAL CLAD WOOD DOORS &WINDOWSMETAL ROOF126212METAL CAPMETAL FASCIAACCESSORY METAL FROMWINDOW MANUFACTUREEGRESSEGRESSTMPTMPTMPTMPTMPTHIN BRICK VENEERON WOOD STUDSMETAL GARAGE DOORPROPERTY LINEBREEZEWAYMETAL SIDING IN WOODSTUDSMETAL FASCIAMETAL FASCIAMETAL CAPACCESSORY METAL FROMWINDOW MANUFACTUREEPDM ROOFSCALE: 1/4" = 1'-0"2WEST ELEVATIONSCALE: 1/4" = 1'-0"1EAST ELEVATIONBOZA Disposition of Approval Page 37 of 39
[ 3D views 1 ]View from 5th Street View from 5th Street View from 5th St. looking toward Dewey Ave. intersectionView from 5th Street BOZA Disposition of Approval Page 38 of 39
[ 3D views 2 ]View from Dewey Ave. View from corner at Dewey Ave. and 5th StreetView from Dewey Ave. looking toward 5th Street View from Dewey Ave. BOZA Disposition of Approval Page 39 of 39