11.08.2018 BOZA Packet (FULL)
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE GIVEN BY THE CITY OF BOULDER, BOARD OF ZONING ADJUSTMENT, AT THE TIME AND PLACE SPECIFIED ABOVE. ALL
PERSONS, IN FAVOR OF OR OPPOSED TO OR IN ANY MANNER INTERESTED IN ANY OF THE FOLLOWING VARIANCES FROM THE LAND USE REGULATIONS, TITLE 9, BOULDER REVISED CODE
1981; MAY ATTEND SUCH HEARING AND BE HEARD IF THEY SO DESIRE. (APPLICANT OR REPRESENTATIVE MUST APPEAR AT THE MEETING.)
1. CALL TO ORDER
2. BOARD HEARINGS
A. Docket No.: BOZ2018-22
Address: 760 Flagstaff Road
Applicant: David Lewis
Setback Variance: As part of a proposal to convert an existing high-ceiling crawlspace under the home
into a master suite and add cantilevered balconies to both this space and off another bedroom, the
applicant is requesting a variance to both interior side (south & north) yard setbacks in order to meet the
combined side yard setback regulations of the RE zoning district. For the south balcony, the resulting
south yard setback will be approximately 11.5 feet (at the closest point) where 23 feet is required and 6.3
feet exists today. For the north balcony, the resulting north yard setback will be approximately 10 feet
(at the closest point) where 18.7 feet is required and 2 feet exists today. Section of the Land Use Code
to be modified: Section 9-7-1, BRC 1981.
B. Docket No.: BOZ2018-24
Address: 3023 7th Street
Applicant: Ashley Wick & Oliver Guinness
Setback Variance: As part of a proposal to construct a second story atop a portion of an existing single-
story house (with basement) as well as renovate the interior of the home, the applicants are requesting a
variance to the south interior side yard setback in order to meet the combined side yard setback
regulations of the RL-1 zoning district. The portions of the proposed addition and renovation located
within the required south setback include; 1) an enclosed twelve square foot space where an open niche
on the south side of the house is currently located and 2) a new 88 square foot deck with railings above
this space where the wall and gable roof to the home currently exist. All other portions of the addition
and renovation meet required setbacks. The resulting south setback will be approximately 5.2 feet
(taken from both the enclosed niche as well as the deck and railings) where 10.3 feet is required and 5.2
feet exists today. Section of the Land Use Code to be modified: Section 9-7-1, BRC 1981.
3. GENERAL DISCUSSION
A. Approval of Minutes: The October 11, 2018 minutes are scheduled for approval.
B. Matters from the Board
C. Matters from the City Attorney
D. Matters from Planning and Development Services
i. Review Boards & Commissions BOZA 2019 Application
ii. Review Boards & Commissions Retreat Letter
4. ADJOURNMENT
For more information call Brian Holmes or Cindy Spence at 303-441-1880 or via e-mail holmesb@bouldercolorado.gov. Board packets are available after 4 p.m. Friday
prior to the meeting, online at www.bouldercolorado.gov, or at the Planning & Development Services Center, located at 1739 Broadway, third floor.
* * * SEE REVERSED SIDE FOR MEETING GUIDELINES * * *
CITY OF BOULDER
BOARD OF ZONING ADJUSTMENT
MEETING AGENDA
DATE: Thursday, November 8, 2018
TIME: Meeting to begin at 5 p.m.
PLACE: 1777 West Conference Room, 1777 Broadway
11.08.2018 BOZA Packet Page 1 of 45
CITY OF BOULDER
BOARD OF ZONING ADJUSTMENT
MEETING GUIDELINES
CALL TO ORDER
The board must have a quorum (three members present) before the meeting can be called to order.
AGENDA
The board may rearrange the order of the agenda or delete items for good cause. The board may not add items requiring
public notice.
ACTION ITEMS
An action item requires a motion and a vote. The general format for hearing of an action item is as follows:
1. Presentations
• Staff presentation.*
• Applicant presentation.*Any exhibits introduced into the record at this time must be provided in quantities of
seven to the Board Secretary for distribution to the board and admission into the record.
• Board questioning of staff or applicant for information only.
2. Public Hearing
Each speaker will be allowed an oral presentation.*
• Speakers should introduce themselves, giving name and address. If officially representing a group, homeowners'
association, etc., please state that for the record as well.
• Speakers are requested not to repeat items addressed by previous speakers other than to express points of
agreement or disagreement. Refrain from reading long documents, and summarize comments wherever possible.
Long documents may be submitted and will become a part of the official record. When possible, these documents
should be submitted in advance so staff and the board can review them before the meeting.
• Speakers should address the Land Use Regulation criteria and, if possible, reference the rules that the board uses
to decide a case.
• Any exhibits introduced into the record at the hearing must be provided in quantities of seven to the Board
Secretary for distribution to the board and admission into the record.
• Citizens can send a letter to Planning and Development Services staff at 1739 Broadway, Boulder, CO 80302, two
weeks before the board meeting, to be included in the Board packet. Correspondence received after this time will
be distributed at the board meeting.
3. Board Action
• Board motion. Motions may take any number of forms. With regard to a specific development proposal, the
motion generally is to either approve the project (with or without conditions), to deny it, or to continue the matter
to a date certain (generally in order to obtain additional information).
• Board discussion. This is undertaken entirely by members of the board. The applicant, members of the public or
city staff participate only if called upon by the Chairperson.
• Board action (the vote). An affirmative vote of at least three members of the board is required to pass a motion
approving any action. If the vote taken results in a tie, a vote of two to two, two to one, or one to two, the
applicant shall be automatically allowed a rehearing. A tie vote on any subsequent motion to approve or deny
shall result in defeat of the motion and denial of the application.
MATTERS FROM THE BOARD, CITY STAFF, AND CITY ATTORNEY
Any board member, Planning and Development Services staff, or the City Attorney may introduce before the board
matters, which are not included in the formal agenda.
*The Chairperson, subject to the board approval, may place a reasonable time limitation on presentations.
11.08.2018 BOZA Packet Page 2 of 45
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
APPLICATION 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.
Name of Owner:
Address: Telephone:
City: State: Zip Code: Email:
Name of Contact (if other than owner):
Address: Telephone:
City: State: Zip Code: Email:
(see attached)
single family dwelling
3695 SF 4219 SF
2510 SF 3034 SF
48’-0” 48’-0” SF
David R. Lewis
Boulder CO 80302 davelewis1323@yahoo.com
James Trewitt (Arch11, Inc.)
3100 Carbon Place, #100 (303)546-6868
Boulder CO 80301 jtrewitt@arch11.com
The proposed project consists of a 524 sf master suite addition in what is now tall crawlspace under the entry
court. The sleeping area of this proposed master suite is designed to have an associated cantilevered balcony
and exterior stair. Additionally, we are proposing a cantilevered balcony accessed from the lower level common
courtyard and easternmost ‘kids’ bedroom. Both proposed balconies are in violation of the sideyard setback.
11.08.2018 BOZA Packet Page 3 of 45
11.08.2018 BOZA Packet Page 4 of 45
LEGAL DESCRIPTION OF THE PROPERTY ADDRESSED AS:
760 FLAGSTAFF ROAD | BOULDER, CO 80302
A parcel of Land, located in the southeast quarter of section 36, township 1 north, range 71
west of the 6th P.M., County of Boulder, State of Colorado.
Parcel 1:
A tract of land in section 36, township 1 north, range 71 west of the 6th P.M., described as
follows: Beginning at corner 1, which is also a corner of a tract of land described in Book
989 at page 228, Records of the Clerk and Recorder of Boulder county, Colorado, from
which the south ¼ corner of the said section 36 bears south 34*59’03” west, 575.50 feet
distance; thence north 41* west 55.5 feet to corner 2; thence south 66*21’ west, 137.81 feet
to corner 3; thence south 45*18’ west 25.23 feet, more or less, to corner 4, a point on the
east side of the right of way for Flagstaff Road which is formerly known as County Road 217
and is now known as County Road 56; thence along the said east side of the right of way for
Flagstaff Road the following courses and distances:
South 50*21’ east, 16.39 feet to corner 5; south 49*33’ east, 52.89 feet to corner 6; south
39*09’ east, 20.72 feet, more or less to corner 7, which is also a corner of the said tract of
land described in Book 989 at page 228; thence along the boundary of the said tract
described in Book 989 at page 228, north 51*16’ east, 146.99 feet, more of less to corner 1,
the true point of beginning, County of Boulder, State of Colorado.
Parcel 2:
Together with an easement ten feet in width for the maintenance and use with other parties
who now have or hereafter have a right to use the same of a private four inch water pipeline
and an eight inch sanitary sewer line now located in said easement; said easement is five
feet on each side of the following described center line:
Commencing at a point from which the south quarter corner of section 36, township 1 north,
range 71 west of the 6th P.M. bears south 34*59’03” west, a distance of 575.50 feet; thence
north 52*16’ east a distance of 5 feet to the true point of beginning of said line; thence north
41* west a distance of 70 feet; thence northeasterly in a straight line to the most easterly
corner of Lot 18, Flatirons Park, a subdivision of a part of the City of Boulder, according to
the recorded plat thereof, County of Boulder, State of Colorado.
11.08.2018 BOZA Packet Page 5 of 45
SIGN POSTING REQUIREMENTS
APPLICANT’S ACKNOWLEDGMENT FORM
Required for Certain Land Use Review, Administrative Review, Technical Document Review
I, , am filing a Land Use Review Technical
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)
application [on behalf of]
located at
James Trewitt (Arch11, Inc)
David R. Lewis
James Trewitt (Arch11, Inc) 09/18/2018
11.08.2018 BOZA Packet Page 6 of 45
September 19, 2018
City of Boulder
Planning and Development Services
1739 Broadway, 3rd Floor
Boulder, Colorado 80306
RE: BOZA Variance Narrative
PROJECT DESCRIPTION:
On behalf of David R. Lewis, I am submitting the attached application and supporting materials for a
side yard setback Variance for the property at 760 Flagstaff Road in Boulder, Colorado.
EXISTING CONDITIONS AND PROPOSED ALTERATIONS:
The existing site is an 11,351 sf steep slope, polygonal lot accessed via Flagstaff Road. The property
includes a 3211 sf, two story residence with 484 sf detached garage. The existing residence is a well
preserved single family dwelling designed by noted Boulder Architect, Charles A. Haertling. It was
constructed in 1969 and the adoption of current zoning regulations has rendered it non-conforming in
terms of height and building setbacks.
The proposed project consists of a 524 sf master suite addition in what is now tall crawlspace directly
under the entry court. The sleeping area of this proposed master suite is designed to have an
associated cantilevered balcony and exterior stair. Additionally, we are proposing a cantilevered
balcony accessed from the lower level common courtyard and easternmost ‘kids’ bedroom. The
purpose of the proposed balconies are to provide relief for the interior spaces and a visual and
physical connection to the lower half of the site that currently does not exist. Although this residence
is a magnificent piece of Boulder architecture that is incredibly successful in connecting its form to its
site and its main floor spaces to the greater environment, it suffers on its lower level because its
rooms, including two bedrooms have windows and doors that qonly connect to a small prison-like
courtyard. Additionally, the current house fails to have any physical means of connection to the lower
portion of its site which is antithetical to Boulder’s lifestyle of living and dining out of doors and in
connection with the immediate environment.
The underlying zoning requires 10’-0” setbacks along each property line and a combined side-yard
setback of 25’-0”, however, due to the non-conforming building any new structure is required to
conform to the combined side-yard setback as demonstrated in figure 7-2 of the Boulder Land Use
Code. This leaves us unable to acquire a building permit for the modest proposal represented in this
application which we believe will improve the livability of this house and thus help insure its survival
for many decades to come.
Thank you for your attention and consideration.
Respectfully,
James Trewitt
Principal, Arch11, Inc.
11.08.2018 BOZA Packet Page 7 of 45
September 19, 2018
City of Boulder
Planning and Development Services
1739 Broadway, 3rd Floor
Boulder, Colorado 80306
VARIANCE CRITERIA:
The proposed BOZA side yard setback variance application meets all applicable review requirements,
specifically, those described in Section 9-2-3(h) of the Boulder Land Use Regulations. (see below)
(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
The site consists of the following unusual physical circumstances and conditions: The site meets the
city of Boulder steep slope definition with a single source of vehicular connection to Flagstaff road. At
the time of development this created significant limitations that led to the existing house having a
tremendous amount of site work including very tall retaining walls and structural concrete slabs for the
garage and courtyard.
(B) The unusual circumstances or conditions do not exist throughout the
neighborhood or zoning district in which the property is located; and
Although the sites immediately adjacent to this property are also steep slope, the property line
configuration, original design response from each architect, and impact of overlaying contemporary
zoning rules has left each property with unique impediments to redevelopment and physical
improvements.
(C) Because of such physical circumstances or conditions the property cannot
reasonably be developed in conformity with the provisions of this chapter; and
The existing steep slope and non-conforming structures create a context in which balconies are the
most appropriate means to connect lower level spaces with the immediate environment. The punitive
combined side-yard setback rules would render the usefulness of lower level by-right balconies
unreasonable.
(D) Any unnecessary hardship has not been created by the applicant.
The hardship created by the unusual physical circumstances and conditions existed prior to David R.
Lewis taking ownership of this property.
11.08.2018 BOZA Packet Page 8 of 45
(5) Requirements for All Variance Approvals:
(A) Would not alter the essential character of the neighborhood or district in which the
lot is located;
The proposed balcony addition, if allowed by virtue of granting the reduced combined side-yard
setback, would not in any way alter the essential character or the existing residence, surrounding
neighborhood, or district. By design, the proposed addition is modest in scope, presents a modest
viewable off site presence, and otherwise honors the underlying 10’-0” side-yard and 25’-0” combined
side-yard setback rules of the current zoning.
(B) Would not substantially or permanently impair the reasonable use and enjoyment
or development of adjacent property;
Since the proposed balcony addition honors the underlying 10’-0” side-yard and 25’-0” combined
side-yard setback rules of the current zoning it cannot be construed as substantially or permanently
impairing the reasonable use, 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; and
The proposed balcony addition is modest in scale and scope, sympathetic to the existing building,
and not visible from Flagstaff road. The balconies are located based upon greatest impact to interior
spaces and sized appropriately for their use. For these reasons, we believe that the proposed
reduced combined side-yard setback is the minimum variance that would afford adequate relief and,
therefore, represents the least modification of the applicable provisions of the zoning code.
(D) Would not conflict with the provisions of Section 9-9-17, "Solar Access," B.R.C.
1981.
The proposed balcony addition does not in any way conflict with the provisions of Section 9-9-17,
“Solar Access,” of the Boulder Revised Code.
Thank you for your attention and consideration.
Respectfully,
James Trewitt
Principal, Arch11, Inc.
11.08.2018 BOZA Packet Page 9 of 45
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PROJECT NUMBER:ISSUE DATE:DRAWN BY:CHECKED BY:COPYRIGHT 2018 - THESE DRAWINGS AND THE DESIGNTHEY REPRESENT REMAIN THE PROPERTY OF ARCH11,INC. AND ARE INTENDED TO BE USED FORCONSTRUCTION AT THE STATED LOCATION. ANYUNAUTHORIZED REPRODUCTION OR OTHER USE OFTHESE DRAWINGS OR DESIGN IS STRICTLY PROHIBITED.PHASE:3100 CARBON PL #100 BOULDER, CO 803011200 BANNOCK ST DENVER, CO 80204303.546.6868arch11.com9/14/2018 1:59:30 PMP:\Projects\2016\16_760 Flagstaff - Remodel\01 drawings\05_Revit\16_Flagstaff Remodel_boza submittal.rvtT1.01PERSPECTIVES09/19/18MBJTLEWIS RESIDENCE760 FLAGSTAFF ROADBOULDER, COLORADO 80302PDBOZA REVIEWREVISIONS ISSUED#DESCRIPTIONDATE9,(:)5201257+($67:352326('%$/&21<$'',7,2169,(:)5201257+($679,(:)520/2:(5&2857<$5':352326('%$/&21<$'',7,219,(:)520/2:(5&2857<$5'11.08.2018 BOZA Packet Page 12 of 45
PROJECT NUMBER:ISSUE DATE:DRAWN BY:CHECKED BY:COPYRIGHT 2018 - THESE DRAWINGS AND THE DESIGNTHEY REPRESENT REMAIN THE PROPERTY OF ARCH11,INC. AND ARE INTENDED TO BE USED FORCONSTRUCTION AT THE STATED LOCATION. ANYUNAUTHORIZED REPRODUCTION OR OTHER USE OFTHESE DRAWINGS OR DESIGN IS STRICTLY PROHIBITED.PHASE:3100 CARBON PL #100 BOULDER, CO 803011200 BANNOCK ST DENVER, CO 80204303.546.6868arch11.com9/14/2018 3:02:06 PMP:\Projects\2016\16_760 Flagstaff - Remodel\01 drawings\05_Revit\16_Flagstaff Remodel_boza submittal.rvtT1.02PHOTOS09/14/18MBJTLEWIS RESIDENCE760 FLAGSTAFF ROADBOULDER, COLORADO 80302PDBOZA REVIEWREVISIONS ISSUED#DESCRIPTIONDATE)/$*67$))9,(:)520($671(,*+%25,1*%8,/',1*721257+1(,*+%25,1*%8,/',1*721257+1(,*+%25,1*%8,/',1*721257+)ODJVWDႇ86$%/(6,7($5($86$%/(6,7($5($($67)$&,1*%$/&21<86$%/(6,7($5($11.08.2018 BOZA Packet Page 13 of 45
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
6,7(3/$15(9,6,216,668(''(6&5,37,21'$7(11.08.2018 BOZA Packet Page 14 of 45
'1:+8323(172&2857<$5'%(/2:((175<7(55$&((/,1(1((175<*$7((678'<(%('5220(0$67(5%('5220(0$67(5&/26(7(0$67(5%$7+(%$7+(/,9,1*(*$5$*(3257,212)(5$,/,1*72%(5(029('('5,9(:$<6,'(<$5'6(7%$&.6,'(<$5'6(7%$&.(;,67,1*:$//352326(':$//'(02:$//:$///(*(1'&2857<$5'(&5$:/63$&(/,1(2)%8,/',1*$%29(/,1(2)%8,/',1*$%29(/,1(2)%8,/',1*$%96,'(<$5'6(7%$&.6,'(<$5'6(7%$&.(%('5220(%('5220(3/$<5220(&/26(7(0(&+(%$7+(0(&+(%$7+
3257,212)(&08:$//72%('(02/,6+('$65(4)251(:&216758&7,213257,212)(&08:$//72%('(02/,6+('$65(4)251(:&216758&7,21(67/&2/801725(0$,1
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
0$,1/(9(/'(023/$15(9,6,216,668(''(6&5,37,21'$7(6&$/(
/2:(5/(9(/'(023/$111.08.2018 BOZA Packet Page 15 of 45
72:$//6
/2:(5/(9(/7268%)/225
0$,1/(9(/7268%)/225
%262)),7
%2&21&72&21&(:,1'2:(:,1'2:(:,1'2:(:,1'2:(:,1'2:(:,1'2:(:,1'2:(:,1'2:('225(:,1'2:(*$5$*('225(*$7((&+,01(<)/8((678&&2522)(678&&2(678&&2(:22'6,',1*(678&&2522)(67/3,3(5$,/,1*(678&&2522)(:22'6,',1*3257,212)(5$,/,1*72%(5(029('(*5$'(('5,9(:$</,1(2)(*5$'(%($0('225 )5$0(72%(5(029('72:$//6
/2:(5/(9(/7268%)/225
0$,1/(9(/7268%)/225
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'(023257,212)(&08:$///,1(2)(&21&*5$'(%($0/,1(2),17(56(&7,21:,7+0$;,0805(48,5('6,'(<$5'6(7%$&.)2581'(5/<,1*=21,1*
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1257+(/(9$7,21'(02/,7,215(9,6,216,668(''(6&5,37,21'$7(11.08.2018 BOZA Packet Page 16 of 45
72:$//6
/2:(5/(9(/7268%)/225
0$,1/(9(/7268%)/225
%262)),7
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(&+,01(<)/8((678&&2522)/,1(2)&21&*5$'(%($0(678&&2522)(:22'6,',1*(678&&2(:,1'2:(:,1'2:(:,1'2:(:,1'2:(:,1'2: (:,1'2:(:,1'2:('225$1')5$0(72%(5(029('(67/3,3(5$,/,1*(*5$'(('225(:22'6,',1*(5(7$,1,1*:$//%(<21'/,1(2),17(56(&7,21:,7+0$;,0805(48,5('6,'(<$5'6(7%$&.)2581'(5/<,1*=21,1*
72:$//6
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0$,1/(9(/352326('B5(9,6,216,668(''(6&5,37,21'$7(11.08.2018 BOZA Packet Page 19 of 45
72:$//6
/2:(5/(9(/7268%)/225
0$,1/(9(/7268%)/225
%262)),7
0$67(5/(9(/7268%)/225
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72:$//6
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
1257+(/(9$7,21352326('6&$/(
6287+(/(9$7,21352326('5(9,6,216,668(''(6&5,37,21'$7(11.08.2018 BOZA Packet Page 20 of 45
72:$//6
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72:$//6
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%2&21&5(7((678&&2522)(:22'6,',1*(678&&25(7$,1*,1*:$//%(<21'(678&&2522)(:22'6,',1*(678&&2(5(7$,1,1*:$//(*5$'((%8,/',1*%(<21'('5,9(:$<(%8,/',1*%(<21'(*$7((:,1'2: (:,1'2:352326('$'',7,21,19,2/$7,212)5(48,5('6,'(<$5'6(7%$&.(;,67,1*%8,/',1*,19,2/$7,212)5(48,5('6,'(<$5'6(7%$&.(/(9$7,21.(<352-(&7180%(5,668('$7('5$:1%<&+(&.('%<&23<5,*+77+(6('5$:,1*6$1'7+('(6,*17+(<5(35(6(175(0$,17+(3523(57<2)$5&+,1&$1'$5(,17(1'('72%(86(')25&216758&7,21$77+(67$7('/2&$7,21$1<81$87+25,=('5(352'8&7,212527+(586(2)7+(6('5$:,1*625'(6,*1,6675,&7/<352+,%,7('3+$6(&$5%213/%28/'(5&2%$112&.67'(19(5&2DUFKFRP303?3URMHFWV??B)ODJVWDII5HPRGHO?GUDZLQJV?B5HYLW?B)ODJVWDII5HPRGHOBER]DVXEPLWWDOUYW$(;7(5,25(/(9$7,216352326('0%-7/(:,65(6,'(1&()/$*67$))52$'%28/'(5&2/25$'23'%2=$5(9,(:6&$/(
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:(67(/(9$7,21352326('5(9,6,216,668(''(6&5,37,21'$7(11.08.2018 BOZA Packet Page 21 of 45
MEMORANDUM
TO:
Board of Zoning Adjustment
Brian Holmes, Zoning Administrator
Robbie Wyler, Asst. Zoning Administrator
FROM: Marcy Cameron, Historic Preservation Planner II
DATE:
October 31, 2018
SUBJECT:
Informational comments on requested variance at 760 Flagstaff Road
(BOZ2018-00022)
Landmarks Board Purview
The Kahn House at 760 Flagstaff Rd. was recognized as a Structure of Merit in 2014, an
honorary recognition that does not carry regulation. The property is not designated as an
individual landmark, is not located in a local historic district and the scope of work proposed in
the BOZA Variance application does not require demolition review for non-designated
buildings over 50 years old. As such, these comments from the Landmarks Design
Review Committee (Ldrc) are informational only.
Background
The Kahn House was designed by local modernist architect Charles Haertling for Dr. Kenneth
and Diana Kahn and their two children. City records identify the date of construction as 1969.
In 2000, the Historic Context and
Survey of Modern Architecture in
Boulder, Colorado 1947-1977 was
completed to document and assess
the significance of sixty-six buildings
that exemplify the modern
movement of architecture in
Boulder.
The following excerpt describes
Charles Haertling’s importance in
Boulder’s architectural history:
Surely the most heralded local Modern
architect from this period [1947-1977]
is the late Charles A. Haertling whose
work pushed Usonian to its Expressionist
margins. Everything that Haertling
designed is noteworthy. In twenty-five
Kahn House, c. 1971. Carnegie Library for Local History (706-
2-8photo_1)
11.08.2018 BOZA Packet Page 22 of 45
years of practice, beginning in 1954, he designed over forty buildings,
mostly residences, almost exclusively in Boulder and the Boulder area.
Before his untimely death at the age of fifty-five, Haertling’s singular
creative genius produced a highly individualistic and innovative body of
work, bringing regional architectural currents to national significance,
much in the same way as Bruce Goff did in Oklahoma or Antoine
Predock has done in New Mexico. 1
The archived website Atomix.com provides the following
description of the Kahn Residence:
A house for a doctor's family of wife, boy and girl, off of a mountain
road - the site has a commanding view of the surroundings. The steep
slope, the need for large usable flat areas, and the desire to take
maximum advantage of views directed the design. The problem
suggested the forward location of the structure connecting to the
ground, and gave rise to the additional catapult of the cantilever. 2
The 2000 Survey form provides the
following architectural description:
Architectural Description
The Kahn House is built on the steep side of
Flagstaff Mountain. From Flagstaff Road, the
house appears as a group of three pavilions
set on a rectangular courtyard that seems to
hang in the air. It is partially surrounded by a
metal pipe railing. These pavilions are placed
at three of the corners of the courtyard. The
pavilions including the roof and base, are
constructed of a synthetic case-in-place
building material. This material, which is
finished in a light color, creates a seamless
skin for the walls and roofs. From below, the
base, formed by a substantial block of cast-in-
place concrete, is visible. This rectangular
block provides a flat site for the house and its
top surface serves as the courtyard visible from the street side. The walls of the two larger
pavilions are made up of glass with vertical divisions in metal. The wall of the smallest pavilion,
that houses the garage, has been infilled with vertical wood siding. The main pavilion, housing
the living room, is cantilevered off the northeast corner of the base, enhancing the gravity-
1 Michael Paglia, Leonard Segal and Diane Wray. Historic Context and Survey of Modern Architecture in Boulder,
Colorado 1947. City of Boulder, 2000. Pg. 11. https://bouldercolorado.gov/links/fetch/26800.
2 Biography of Charles Haertling. www.atomix.com/haertling
Kahn House, c. 1971. Carnegie Library for Local History
(706-2-8photo_2)
Charles Haertling, 1965.
Carnegie Library for Local
History (706-2-18photo_1)
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defying effect of the house. The exposed bottom of the pavilions is in the form of an inverted
pyramid, mirroring the roof form. The naturalistic landscape includes trees, brush and grasses.3
The survey states the building is significant as an important example of Charles Haertling’s
work; for its association with the development of the Modern movement in architecture in
Boulder; as an example of the Expressionist style; for its high standard of construction and craft
and engineering features; and for its unusual relationship to its site.
The survey found the building to be potentially eligible for listing in the State and National
Registers of Historic Places, contributing to a potential local historic district, and eligible for
local landmark designation. In 2014, the building was recognized by the Landmarks Board as a
Structure of Merit for its architectural design.
Landmarks Design Review Committee Comments
The applicant proposes to convert the existing storage area on the lower level to bedrooms.
The exterior changes associated with this project include introducing openings on the south
and east walls and constructing glass balconies, as well as creating an opening on the lower
terrace.
The Landmarks Design Review Committee (Ldrc), composed of Historic Preservation Planner
Marcy Cameron and Landmarks Board members Bill Jellick and Ronnie Pelusio, met on Oct. 31,
2018 to provide informational comments on the BOZA application. Project architect James
Trewitt was present.
The Ldrc made the following observations about the proposed changes:
▪ The building is an iconic, significant piece of Boulder’s architectural history.
▪ The changes will be minimally visible from Flagstaff Road and Circle Drive. The Ldrc
recommended that care be taken in selecting the glass to reduce its reflectiveness, since
the building is visible from across town.
▪ The changes will not overwhelm the Expressionist character of the building.
▪ The openings and design of the balconies are of their own time, and do not attempt to
create a false history.
▪ The changes do not destroy historic materials that characterize the property.
▪ The changes appear to be reversible; if removed in the future, the essential form and
integrity of the property would be unimpaired.
▪ Overall, the Ldrc supports the BOZA application and considers that the introduction of
the openings and balconies would not prevent the building from being eligible for
landmark designation in the future.
The Ldrc encourages Mr. Lewis, the current property owner, to consider landmark designation
of the property. The building is one of Boulder’s finest examples of modernist design, and is
3 760 Flagstaff Road Historic Building Inventory Record. City of Boulder, 2000.
http://nell.flatironslibrary.org/record=b1987242~S8
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significant on a local, state and national level. Owners of designated properties are eligible for
incentives, including State Historic Preservation Tax Credits. Visit
https://www.historycolorado.org/preservation-tax-credits for more information. The purpose
of local landmark designation is to recognize, protect and enhance places significant to
Boulder’s history. Exterior changes require review to ensure they are compatible with the
historic character of the building or site.
Questions?
Please contact Marcy Cameron, Historic Preservation Planner II at (303) 441-3209 or
cameronm@bouldercolorado.gov.
The Ldrc encourages recreating the iconic architectural photographs made in the 1970s that
reference Julius Shulman’s work in Los Angeles once the renovation is complete.
Left: Case Study House 22, Los Angeles. Photography by Julius Shulman, 1960.
Right: Kahn House, Boulder. Photographer unknown, c. 1970-1984.
Visibility from the public right of way:
Left: View of the Kahn and Jorgenson Houses from Flagstaff Drive, Google Street View, 2018
Right: View of the Kahn and Jorgenson Houses from Circle Drive, Google Street View, 2018
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Architectural Photographs of the Kahn House, c.1970-1984
Photographer Unknown
Carnegie Branch Library for Local History, http://nell.flatironslibrary.org/record=b2081228~S8
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CITY OF BOULDER
BOARD OF ZONING ADJUSTMENT
ACTION MINUTES
October 11, 2018, 5 p.m.
1777 Broadway, Council Chambers
Board Members Present: Michael Hirsch (Chair), Jill Lester, David Schafer,
Ellen McCready, Jack Rudd
Board Members Absent: N/A
City Attorney Representing Board: Erin Poe
Staff Members Present: Robbie Wyler, Cindy Spence
1. CALL TO ORDER:
M. Hirsch called the meeting to order at 5:02 p.m.
2. BOARD HEARINGS:
The board announced that it would hear Item 2C prior to Item 2A.
A. Docket No.: BOZ2018-21
Address: 755 Lincoln Place
Applicant: Tim & Mary Wolf
Setback 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.
Staff Presentation:
R. Wyler presented the item to the board.
Board Questions:
R. Wyler answered questions from the board.
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Applicant’s Presentation:
Kiley Baham, with KGA Studio Architects, presented the item to the board.
Board Questions:
Kyle Baham, representing the applicant, answered questions from the board.
Public Hearing:
No one from the public addressed the board.
Board Discussion:
• J. Lester questioned if the work that had been performed on the garage permitted. Since
City Council has been allowing parking in the landscape setback, she would support the
proposal.
• D. Schafer mentioned that within the proposal, the carport would only be covering the
front half of the car and the back half would be sticking out.
• M. Hirsch stated that he had no issue with the proposal.
• J. Rudd said the neighborhood is unique and the proposal would not be unusual. He
would be in support.
Motion:
On a motion by J. Lester, seconded by E. McCready, the Board of Zoning Adjustment
approved 5-0 the application (Docket BOZ2018-21) as submitted.
B. Docket No.: BOZ2018-22
Address: 760 Flagstaff Road
Applicant: David Lewis
Setback Variance: As part of a proposal to convert an existing high-ceiling crawlspace
under the home into a master suite and add cantilevered balconies to both this space and
off another bedroom, the applicant is requesting a variance to the interior side (south &
north) yard setback regulations of the RE zoning district. For the south balcony, the
resulting south yard setback will be approximately 11 feet (at closest point) where 20.1
feet is required and 8.4 feet exists today. For the north balcony, the resulting north yard
setback will be approximately 10 feet where 16.6 feet is required and 4.9 feet exists
today. Section of the Land Use Code to be modified: Section 9-7-1, BRC 1981.
ITEM 2B HAS BEEN POSTPONED
C. Docket No.: BOZ2018-23
Address: 445 Dewey Avenue
Applicants: Leslie & Dan Fineman
Setback & Building Separation Variances: 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
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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.
Staff Presentation:
R. Wyler presented the item to the board.
Board Questions:
R. Wyler answered questions from the board.
Applicant’s Presentation:
Cherie Goff, with HMH Architecture + Interiors, and Dan Fineman, the owner presented
the item to the board.
Board Questions:
Cherie Goff, representing the applicant, answered questions from the board.
Public Hearing:
No one from the public addressed the board.
Board Discussion:
• E. McCready stated the setback averaging presented is an interesting example.
• M. Hirsh said he had no issue with the proposed garage separation.
• J. Lester said, regarding the proposed encroachment of 8 feet vs. 8.8 feet on the porch at
the east elevation, she did not see any problem with it as it would not negatively impact
anyone.
• D. Schafer said, in defense of the additional eight inches, if there were a property
immediately adjacent, it could be an issue. However, he does not take exception to the
proposed eight inches as it would not affect anyone,
• J. Rudd agreed. He approved of this neighborhood as every architectural solution is
slightly different, therefore, eight inches would not be impactful.
• M. Hirsh agreed. The lot is a substandard size with excessive setbacks.
Motion:
On a motion by J. Lester, seconded by D. Schafer, the Board of Zoning Adjustment
approved 5-0 the application (Docket BOZ2018-23) as submitted.
3. GENERAL DISCUSSION:
A. Approval of Minutes
On a motion by J. Rudd, seconded by D. Schafer, the Board of Zoning Adjustments
voted 5-0 to approve the September 13, 2018 minutes.
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B. Matters from the Board
There were no matters from the board.
C. Matters from the City Attorney
There were no matters from the City Attorney.
D. Matters from Planning and Development Services
• R. Wyler asked the board, regarding possible retreat dates, if they would prefer to
wait until March or April of 2019 or schedule at the end of 2018. Staff will discuss
and will further discuss at the November BOZA meeting.
• R. Wyler informed the board that the letter to City Council would be added to the
November and December BOZA agendas for discussion of topics.
4. ADJOURNMENT:
There being no further business to come before the board at this time, BY MOTION
REGULARLY ADOPTED, THE MEETING WAS ADJOURNED AT 6:04 P.M
APPROVED BY
_________________________________
Board Chair
_________________________________
DATE
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