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2018-22_760 Flagstaff Rd_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 BOZ2018-22 CONCERNING THE APPLICATION FOR A VARIANCE OF THE SETBACK REQUIREMENTS OF SECTION 9- 7-1, B.R.C. 1981 AT 760 FLAGSTAFF OF DAVID LEWIS, WHOSE MAILING ADDRESS IS 760 FLAGSTAFF ROAD, BOULDER, COLORADO 80302. On November 8, 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 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. 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 3-1 (E. McCready opposed, D. Schafer absent). EXECUTED this 8th day of November 2018, effective as of, November 8, 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 25 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. BOZA Disposition of Approval Page 2 of 25 BOZA Disposition of Approval Page 3 of 25 Page 1 of 1 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. BOZA Disposition of Approval Page 4 of 25 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 BOZA Disposition of Approval Page 5 of 25 Page 1 of 1 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. BOZA Disposition of Approval Page 6 of 25 Page 1 of 2 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. BOZA Disposition of Approval Page 7 of 25 Page 2 of 2 (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. BOZA Disposition of Approval Page 8 of 25 303?3URMHFWV??B)ODJVWDII5HPRGHO?GUDZLQJV?B5HYLW?B)ODJVWDII5HPRGHOBER]DVXEPLWWDOUYW/(:,65(6,'(1&(%2=$5(9,(:_)/$*67$))52$'%28/'(5&2/25$'2BOZA Disposition of Approval Page 9 of 25 352-(&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]DVXEPLWWDOUYW77,7/(*(1,1)250$7,210%-7/(:,65(6,'(1&()/$*67$))52$'%28/'(5&2/25$'23'%2=$5(9,(:352-(&71$0( $''5(66/(:,65(6,'(1&()/$*67$))675((7%28/'(5&2/(*$/'(6&5,37,2175$&71%22.3$*(%5&352-(&7'(6&5,37,21,17(5,255(02'(/2)(;,67,1*6,1*/()$0,/<5(6,'(1&(:,7+7+($'',7,212)$0$67(568,7(:,7+,1$1(;,67,1*(1&/26('&5$:/63$&((;7(5,25:25./,0,7('727+($'',7,212)7(55$&(6$77+(1257+$1'($67)$&$'(6648$5()227$*(/27$5($6) 6859(< 635,1./(56<67(0123(50,77,1*$87+25,7<&,7<2)%28/'(5&216758&7,217<3(9%2&&83$7,217<3(5=21,1*5(5(6,'(17,$/(67$7(2:1(5'$9(/(:,6)/$*67$))675((7%28/'(5&2$5&+,7(&7$5&+,1&&$5%213/%28/'(5&2>3@>)@ZZZDUFKFRP(-0($'($5&+,7(&7;HMPHDGH#DUFKFRP-$0(675(:,77352-(&70$1$*(5;MWUHZLWW#DUFKFRP*(1(5$/&2175$&7257%'6758&785$/(1*,1((5/23(=602/(16$662&,$7(6&(175$/$9($1257+%28/'(5&2>3@ZZZORSH]VPROHQVHQJLQHHUVFRP-21$7+$1602/(163(MRQDWKDQ#ORSH]VPROHQVHQJLQHHUVFRP'5$:,1*/,67'5$:,1*7,7/(,668('$7(6 5(9,6,21'$7(&855(175(9,6,21'(6&5,37,21$5&+,7(&785$/7 &29(56+((7 7 7,7/(*(1,1)250$7,21 7 3(563(&7,9(6 7 3+2726  6859(< $ 6,7(3/$1352326(' $' 352326(''(02/,7,213/$16 $' (;7(5,25(/(9$7,216'(02/,7,21 $' (;7(5,25(/(9$7,216(;,67,1* $ /2:(5/(9(/3/$1 $ 0$,1/(9(/3/$1 $ (;7(5,25(/(9$7,216352326(' $ (;7(5,25(/(9$7,216352326(' (;,67,1*727$/$5($/2:(5/(9(/ 6)0$,1/(9(/ 6)6)*$5$*( 6)352326('727$/$5($0$,1/(9(/ 6)/2:(5/(9(/ 6)6)*$5$*( 6)352-(&7'(6&5,37,21352-(&7',5(&725<,1'(;2)'5$:,1*69,&,1,7<0$3/2&$7,210$3352-(&76,7()/$*67$))675((7%28/'(5&2352-(&76,7()/$*67$))675((7%28/'(5&25(9,6,216,668(''(6&5,37,21'$7(BOZA Disposition of Approval Page 10 of 25 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<$5'BOZA Disposition of Approval Page 11 of 25 PROJECT NUMBER:ISSUE DATE:DRAWN BY:CHECKED BY:COPYRIGHT 2018 - THESE DRAWINGS AND THE DESIGNTHEY REPRESENT REMAIN THE PROPERTY OF ARCH11,INC. AND ARE INTENDED TO BE USED FORCONSTRUCTION AT THE STATED LOCATION. ANYUNAUTHORIZED REPRODUCTION OR OTHER USE OFTHESE DRAWINGS OR DESIGN IS STRICTLY PROHIBITED.PHASE:3100 CARBON PL #100 BOULDER, CO 803011200 BANNOCK ST DENVER, CO 80204303.546.6868arch11.com9/14/2018 3:02:06 PMP:\Projects\2016\16_760 Flagstaff - Remodel\01 drawings\05_Revit\16_Flagstaff Remodel_boza submittal.rvtT1.02PHOTOS09/14/18MBJTLEWIS RESIDENCE760 FLAGSTAFF ROADBOULDER, COLORADO 80302PDBOZA REVIEWREVISIONS ISSUED#DESCRIPTIONDATE)/$*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($5($BOZA Disposition of Approval Page 12 of 25                                                        $)5217<$5'6(7%$&. 5($5<$5'6(7%$&. 6 ,'(<$5 '6 (7 %$&.    6,'(<$5'6(7%$&.    ( (175<%$/&21< ( %$/&21< ( '5,9(:$< ( '5,9(:$< ( &2857<$5'352326('%$/&21<$7/2:(5/(9(/352326('%$/&21<$7/2:(5/(9(/ ( '2:163287 ( '2:163287 ( '2:163287 ( '2:163287 ( *877(5 ( *877(5 ( '2:163287 ( *877(5 ( '2:163287 1 3257,212)7(55$&(/,1(2)%8,/',1*$7*5$'()/$*67$))52$')/$*67$)))/$*67$))7851287(/(&$1'*$60(7(5687,/,7<32/((/(&3+21(/,1(29(5+($' ( 6&833(5$77(55$&(%/: ( &+,01(<)/8(6 ,'(<$5 '6 (7 %$&.#%$/&2 1 < 6,'(<$5'6(7%$&.#%$/&21<   # 0,1$%29(*5$'($//2:$%/(352-(&7,216,'(<$5'6(7%$&.)2581'(5/<,1*=21,1*0$;,0805(48,5('6 ,'(<$5 '6 (7 %$&.)2 5 8 1 '(5 /<,1 *=2 1 ,1 *0$;,0 8 05 (4 8 ,5 ('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$6,7(3/$1352326('0%-7/(:,65(6,'(1&()/$*67$))52$'%28/'(5&2/25$'23'%2=$5(9,(:6&$/(  6,7(3/$15(9,6,216,668(''(6&5,37,21'$7(BOZA Disposition of Approval Page 13 of 25 '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      ( &5$:/63$&($&&(6672%(5(/2&$7('5(029( ( 3257,212):$//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%$112&.67'(19(5&2DUFKFRP303?3URMHFWV??B)ODJVWDII5HPRGHO?GUDZLQJV?B5HYLW?B)ODJVWDII5HPRGHOBER]DVXEPLWWDOUYW$'352326(''(02/,7,213/$160%-7/(:,65(6,'(1&()/$*67$))52$'%28/'(5&2/25$'23'%2=$5(9,(:6&$/(  0$,1/(9(/'(023/$15(9,6,216,668(''(6&5,37,21'$7(6&$/(  /2:(5/(9(/'(023/$1BOZA Disposition of Approval Page 14 of 25 72:$//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 %262)),7      ( :,1'2: ( :,1'2: ( :,1'2: ( :,1'2: ( :,1'2: ( :,1'2: ( :,1'2: ( (175<'225 ( &+,01(<)/8( ( 678&&2522) ( 678&&2 ( 678&&2522) ( :22'6,',1* ( *$7('(023257,212) ( &08:$//   '(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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('(;,67,1*)/225$5($(;,67,1*)/225$5($92/,$7,1*5(48,5('6,'(<$5'6(7%$&.(;,67,1**$5$*()/225$5($(;,67,1**$5$*()/225$5($9,2/$7,1*5(48,5('6,'(<$5'6(7%$&.(;,67,1*&285<$5'%$/&21<(;,67,1*&2857<$5'%$/&21<9,2/$7,1*5(48,5('6,'(<$5'6(7%$&.352326('/2:(5/(9(/5(02'(/%<5,*+7352326('$'',7,21%<5,*+7352326('$'',7,219,2/$7,1*5(48,5('6,'(<$5'6(7%$&.%2=$$5($3/$1.(<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$0$,1/(9(/3/$10%-7/(:,65(6,'(1&()/$*67$))52$'%28/'(5&2/25$'23'%2=$5(9,(:6&$/(  0$,1/(9(/352326('B5(9,6,216,668(''(6&5,37,21'$7(BOZA Disposition of Approval Page 18 of 25 72:$//6 /2:(5/(9(/7268%)/225 0$,1/(9(/7268%)/225 %262)),7 0$67(5/(9(/7268%)/225       ( &+,01(<)/8( ( 678&&2522) 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isposition of Approval Page 20 of 25 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) BOZA Disposition of Approval Page 21 of 25 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) BOZA Disposition of Approval Page 22 of 25 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 BOZA Disposition of Approval Page 23 of 25 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 BOZA Disposition of Approval Page 24 of 25 Architectural Photographs of the Kahn House, c.1970-1984 Photographer Unknown Carnegie Branch Library for Local History, http://nell.flatironslibrary.org/record=b2081228~S8 BOZA Disposition of Approval Page 25 of 25