2018-26_1035 Kalmia St_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 BOZ2018-26
CONCERNING THE APPLICATION FOR A VARIANCE OF THE SETBACK REQUIREMENTS OF SECTION 9-
7-1, B.R.C. 1981 AT 1035 KALMIA STREET OF ORION AND KRISTIN CREAMER, WHOSE MAILING
ADDRESS IS 1035 KALMIA STREET, BOULDER, COLORADO . 80304.
On January 10, 2019, 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 modify an existing accessory structure, the applicant is requesting a variance to the interior
side (east) yard setback in order to meet the minimum side yard setback requirements for accessory structures in the
RR-2 zoning district. The resulting east setback will be 5 feet where 10 feet is required and 5 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 4-1 (J. Lester opposed).
EXECUTED this 10th day of January 2019, effective as of, January 10 , 2019.
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
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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 the property
(PRINT PROPERTY ADDRESS OR LOCATION)
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
(PRINT NAME OF OWNER(S) IF OTHER THAN APPLICANT/CONTACT)
. I have read the city's sign posting requirements above and acknowledge
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2520 Broadway
Boulder, CO 80304
303 440 8089
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1035 Kalmia
BOZA Variance Review Criteria and Written Statement
January 4, 2019
Dear Board of Zoning Adjustment,
The following letter addresses all pertinent review criteria required for the variance approval of the non-conforming
setback of the historic accessory structure located at 1035 Kalmia, owned by Kristin and Orion Creamer. The proposed use
of the structure is an Owner’s Accessory Unit.
The AUR application was initially denied, referencing st andards outlined in Section 9-6-3(a)(4)(B)(v)(f), stating the OAU
must comply with accessory building setbacks. Staff recommended the property owners, use for the structure for
something other than a dwelling unit and relocate the OAU to a different outbuilding located on the property. However,
the Creamers have alternate plans for the other structures. The other stone structure, identified on the Site Plan as
‘Existing Shed,’ is located centrally on the property and due to its proximity to the primary house is intended to house a
home office. The other two wood framed structures are intended to be a Chicken Coop an d Barn, which are consistent
with the historic use of these structures. In the proposed OAU there is evidence of both electrical and plumbing and is
believed to have been housing for workers during the 1920s and 1930s when the Gould family were ranchers and farmers
on the property.
From a practical standpoint, the location of the proposed OAU offers privacy of both the primary structure and the OAU.
Also, the utility runs, sprinkler requirements, and emergency access are most sensible if the OAU occupies the structure
identified in this variance application, due to proximity to the main house and street. This location also allows for the
required OAU parking space to be located on the shared driveway, for convenient access to the OAU.
With the approval of this variance request, the Creamers plan to implement multigenerational living which is in alignment
with the economic, environmental, and social goals of the City’s OAU program.
CRITERIA FOR VARIANCES
(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
This historic structure proposed to be remodeled was built in the 1920s, and doesn’t meet the current setback
requirements, as it was created before those existed. The existing structure is only partially in the setback, with a
majority of it conforming. The non -conformance is limited to setbacks only, and the structure complies with all other
zoning criteria.
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2520 Broadway
Boulder, CO 80304
303 440 8089
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(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
N/A
(B) The unusual circumstances or conditions do not exist throughout the neighborhood or zoning district
in which the property is located; and
The circumstances are unique to this property based on historical conditions.
(C) Because of such physical circumstances or conditions the property cannot reasonably be developed
in conformity with the provisions of this chapter; and
Without this variance, the structure would not be able to be rehabilitated, and would
continue to deteriorate, eliminating a historical structure from the neighborhood.
(D) Any unnecessary hardship has not been created by the applicant.
The structure in question was built by previous owners in the 1920s.
(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 th e
addition which is proposed for the variance.
No addition is proposed.
(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.
Structure is existing and no new bulk or massing proposed, therefore exempt from the application per
section 9-9-17(d)(3).
(4) Designated Historic Property
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2520 Broadway
Boulder, CO 80304
303 440 8089
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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 certificate 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.
Not applicable. The property, although historic, is not an individual landmark or in a designated historic
district.
(5) Requirements for All Variance Approvals
(A) Would not alter the essential character of the neighborhood or district in which the lot is located;
Structure is existing; therefore, no alteration to the essential character of the neighborhood
proposed.
(B) Would not substantially or permanently impair the reasonable use and enjoyment or development
of adjacent property;
Structure is existing, no additional impairment proposed.
(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 requested variance is limited to the interior of the structure, and is the least modification
possible to allow the owners to reasonably use the structure for residential purposes.
(D) Would not conflict with the provisions of Section 9-9-17, "Solar Access," B.R.C.1981.
Structure is existing and no new bulk or massing proposed, therefore exempt from the application
per section 9-9-17(d)(3).
Sincerely,
Dale R. Hubbard, AIA
Surround Architecture
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30"SETBACK25' - 0" REQ. FRONT YARD REQ. SIDE YARD SETBACK15' - 0"EXISTING HOMEPROPOSED ADDITION AND RENOVATION BY SEPARATE PERMITPROPOSED OWNER'S ACCESSORY UNIT(EXISTING STRUCTURE) DETACHEDGARAGE BY SEPARATE PERMITEXISTINGBARNEXISTING CHICKEN COOPPROPOSED SIDE YARD SETBACK24' - 7 29/32"MIN. 7.5' FROM PROP. LINE15' - 10"DRIVEWAY WIDTH10' - 0"No curb exists, re: surveyRE: SURVEY315' - 0"RE: SURVEY129' - 3 31/32"REQD. ACCESSORY SIDE YARD SETBACK10' - 0"REQD. ACCESSORY FRONT YARD SETBACK55' - 0"REQD. ACCESSORY SIDE YARD SETBACK10' - 0"Existing wall less than 14' in heightProvide Concrete Encased Electrode per IRC E3508.1.2EXISTING NONCONFORMING STRUCTURE TO BE MAINTAINED -530 SF COVERAGE IN PRINCIPAL REAR YARD SETBACK1) WORK ON HOUSE RENOVATION/ ADDITION AND ACCESSORY GARAGE STRUCTURE BY SEPARATE PERMITS, RE: BLD-SFD2018-00252 & BLD-ACC2018-00106 FOR COMPLETE SITE/ GRADING PLAN, CIVIL, AND LANDSCAPE DRAWINGS2) SEE SURVEY FOR SETBACKS TO ALL EXISTING STRUCTURESOAU DEDICATED OFF-STREET PARKING SPACEExisting Non-conforming Setback to be Maintained per BRC Sec. 9-10-3.a.2NOTE: Envelope and Foundation of Existing Noncoforming Structure to Remain; Bulk Plane and Solar Points Not-applicable9' - 0"19' - 0"BACKOUT DISTANCE24' - 0"Re: Separate principal structure permit for all front yard landscaping requirementsEXISTING SHED YARD SETBACK25' - 0" REQ. REAR ACCESSORY SIDE YARD SETBACK13' - 8 1/8" EXISTINGEXISTING ACCESSORY REAR YARD SETBACK53' - 8 3/16"EXISTING ACCESSORY SIDE YARD SETBACK99' - 0 11/16"247' - 4 31/32" EXISTING ACCESSORY FRONT YARD SETBACK43' - 10 1/2" EXISTING SIDE YARD SETBACKSIDE YARD SETBACK5' - 0" EXISTING103' - 5 15/32" EXISTING ACCESSORY REAR YARD SETBACKEXISTING ACCESSORY SIDE YARD SETBACK106' - 8 25/32"185' - 11 5/16" EXISTING ACCESSORY FRONT YARD SETBACKEXISTING ACCESSORY SIDE YARD SETBACK59' - 2 9/32"EXISTING ACCESSORY SIDE YARD SETBACK53' - 11 7/16"101' - 6 1/8" EXISTING ACCESSORY REAR YARD SETBACK286' - 8 7/32" EXISTING ACCESSORY FRONT YARD SETBACKREAR SETBACK2' - 9 5/32" EXISTING 193' - 4 1/2" EXISTING ACCESSORY FRONT YARD SETBACKEXISTING FRONT YARD SETBACK (NO CHANGE PROPOSED)46' - 7 5/16"SETBACK (NO CHANGE PROPOSED)34' - 0 13/32" EXISTING SIDE YARDLow Point w/in 25' = 5487' - 2 1/8"Contour - Existing gradeContour - proposed gradeshown for reference only, RE: CivilEasementSetbackSolar shadowProperty lineSITE DEVELOPMENT PLAN LEGENDPROJECT NO:DATE:DRAWN BY:CHECKED BY:2520 BroadwayBoulder, Colorado 80304[p] 303.440.8089www.surroundarchitecture.comCOPYRIGHT:2018 SURROUND ARCHITECTUREALL RIGHTS RESERVED12/18/2018 2:50:43 PMAO 2.0Site Development Plan -OAU17.6520The Creamer ResidenceKristin and Orion Creamer12/18/2018CCW/KEWKAC1035 Kalmia AveBoulder CO 80304 1" = 10'-0"1SITE DEVELOPMENT PLAN - OFFICENo. Date Description12/19/18 OAU Variance ApplicationBOZA Disposition of Approval Page 10 of 11
DNDWEF3GFIGFIGFI33SDCO33DWU.1U.1U.2U.2U.AU.AU.BU.BDEMOLISH ALL EXISTING WINDOWS, DOORS AND FRAMES, PREPARE WINDOW BUCKS FOR NEW INSTALLATION, TYP.23' - 6" VIF15' - 7 1/2" VIF23' - 6" VIFVIF15' - 7 1/2"DEMOLISH EXISTING FRONT STOOPEXISTING STONE VENEER OVER SHEATHING AND STUD ASSEMBLY TO REMAIN, TYP.SETBACK10' - 0"(E) NONCONFORMING SETBACK5' - 0"AO 2.17AO 2.18AO 2.19AO 2.11012' - 1 19/32"SETBACK10' - 0"DECKRE: LANDSCAPEU.1U.1U.2U.2U.AU.AU.BU.BT.O. Conc. = 0'-0" = 5489.449"15' - 7 1/2" VIF9"15' - 7 1/2" VIF23' - 6" VIF10' - 4 11/16"U10U11U12U13U19U18U17U16U15U14U13U12U11U1006.D406.H206.D722.D403.A523' - 6" VIFW.2W.2W.1W.1W.1W.1LivingBedroomBathRE: SURVEY(E) NONCONFORMING SETBACK5' - 0"8' - 10"3' - 4 1/2"2' - 4 1/2"8' - 11"AO 9.06AO 9.08AO 9.06Sim5' - 9 1/2"6' - 4 1/2"3' - 5 1/2"OAU T.O. Concrete = 0"OAU T.O. Plate = 8' - 7 1/2"U.1U.2SETBACK10' - 0"U18U19U10AAFFDDBBHH(E) NONCONFORMING SETBACK5' - 0"WINDOW/ DOOR HEAD, VIF5' - 10"PLOAU T.O. Plate = 8' - 7 1/2"OAU T.O. Concrete = 0"U.1U.2U12U13U14SETBACK10' - 0"HHDDFFEEAAGG(E) NONCONFORMING SETBACK5' - 0"WINDOW HEAD, VIF6' - 2 3/4"HHPLOAU T.O. Concrete = 0"OAU T.O. Plate = 8' - 7 1/2"U.AU.BU11U11U10AAFFDDEECCHHWINDOW HEAD, VIF6' - 4 3/4"DOOR HEAD, VIF6' - 8 3/4"EEOAU Low point w/in 25'5487' - 2 1/8"OAU Max Height5507' - 2 1/8"OAU MAX. HEIGHT20' - 0"11' - 1 5/8"OAU T.O. Concrete = 0"OAU T.O. Plate = 8' - 7 1/2"U.AU.BU17U16U15AAFFEEDDWINDOW HEAD, VIF5' - 7 1/4"WINDOW HEAD, VIF5' - 7 1/2"AO 2.17AO 2.18AO 2.19AO 2.110U.1U.1U.2U.2U.AU.AU.BU.B23' - 6" VIF15' - 7 1/2" VIF23' - 6" VIF15' - 7 1/2" VIF1/2" / 12"MINI-SPLITMINI-SPLITAO 2.17AO 2.18AO 2.19AO 2.1101/2" / 12"1/2" / 12"SETBACK10' - 0"U.1U.1U.2U.2U.AU.AU.BU.B23' - 6" VIF15' - 7 1/2" VIF23' - 6" VIF15' - 7 1/2" VIF(E) NONCONFORMING SETBACK5' - 0"AANO.DESCRIPTIONMANUF.COLOR/SPEC.Clean, patch, and repoint mortar as needed; Seal w/ Prosoco Sure Klean Weather Seal Natural Stone TreatmentOAU ELEVATION KEY NOTESExistingWood/ Finish TBD--Cladding Color: TBDMarvinCladding Color: TBDMarvinColorado Red Sandstone, Match Existing--Seal w/ Prosoco Sure Klean Weather Seal Natural Stone TreatmentExistingMatch Color to Window Cladding--Full-depth Stone Veneer (E)BBSolid Wood Entry DoorCCMetal Clad Wood Door w/ Glass LiteDDMetal Clad Wood WindowsEEStone LintelFFConcrete Sill/ CopingGGGutter and DownspoutsTBD, Must meet Dark Sky Compliance per COB 9-9-16TBDHHExterior Light FixturePROJECT NO:DATE:DRAWN BY:CHECKED BY:2520 BroadwayBoulder, Colorado 80304[p] 303.440.8089www.surroundarchitecture.comCOPYRIGHT:2018 SURROUND ARCHITECTUREALL RIGHTS RESERVED12/18/2018 2:51:05 PMAO 2.1OAU- Plans &Elevations17.6520The Creamer ResidenceKristin and Orion Creamer12/18/2018CCW/KEWKAC1035 Kalmia AveBoulder CO 80304 1/4" = 1'-0"1OAU - DEMO PLAN 1/4" = 1'-0"6OAU - FLOOR PLAN 1/4" = 1'-0"7OAU - SOUTH ELEVATION 1/4" = 1'-0"8OAU - NORTH ELEVATION 1/4" = 1'-0"9OAU - WEST ELEVATION 1/4" = 1'-0"10OAU - EAST ELEVATION 1/4" = 1'-0"11OAU - RCP/ ELECTRICAL PLAN 1/4" = 1'-0"12OAU - ROOF PLANNOTE: GRIDLINES ARE ROUGHLY DIMENSIONED ALONG THE INTERIOR FACE OF EXISTING STUDS, VERIFY IN FIELDNo. Date Description12/19/18 OAU Variance ApplicationBOZA Disposition of Approval Page 11 of 11