01.10.2019 BOZA Summary Minutes_signed CITY OF BOULDER
BOARD OF ZONING ADJUSTMENT
ACTION MINUTES
January 10, 2019,5 p.m.
1777 Broadway, Council Chambers
Board Members Present: Michael Hirsch (Chair),Jill Lester, David Schafer,
Ellen McCready, Jack Rudd
Board Members Absent:
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 5:01 p.m.
2. BOARD HEARINGS:
A. Docket No.: BOZ2018-26
Address: 1035 Kalmia Street
Applicant: Orion & Kristin Creamer
Setback 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.
Staff Presentation:
R.Wyler presented the item to the board.
Board Questions:
R.Wyler answered questions from the board.
Applicant's Presentation:
Kristin Creamer, the applicant, and Daniel Hubbard, with Surround Architecture
presented the item to the board.
Board Questions:
Orion Creamer,the applicant, and Daniel Hubbard and Kathrine Willis, the architects,
answered questions from the board.
Public Hearing:
No one from the public addressed the board.
Board Discussion:
• J. Rudd stated that currently the board is concerned with the overall process and
conditions regarding ADUs and attached ADUs. He explained that this type of case was
suggested to City Council that it should be one that could be reviewed by staff and not
BOZA because the use has been legally established in a non-standard building.
• J. Lester said that she would not be comfortable approving this variance stating the
building would need to be completely rebuilt, therefore it would need to be lifted due to
the existing location and slope to allow for proper drainage. She suggested shifting the
building to the west which would not require a variance, the lot would be large enough,
and it would not impact the neighbors. She questioned if this was appropriate for a
variance.
• D. Schafer clarified that issues surrounding the drainage and durability of the structure
were not within the board's purview.
• M. Hirsch added the grounds of a potential ADU were not within the board's purview
either. He said he would support the proposed setback variance and that it would be an
ideal reuse of an historic structure.
• J. Rudd said that while this application may have many issues which may not be within
the board's purview,the justification is that the structure is currently in place and the
setback variance would not further impact the neighborhood.
• E. McCready added the justification is there is clearly an unusual physical circumstance
which was not created by the applicant. It would not make sense to demo the existing
structure for the sake of five feet. The existing building is unique and adds to the
character of the neighborhood. She would support the setback variance.
• D. Schafer read through the applicable criteria for approval citing that the applicant does
meet the necessary conditions. He stated that the proposal would be compliant with the
criteria for approval base on the unique physical circumstances or conditions of the lot
that exist, if the building were demolished it would alter the essential character of the
neighborhood, it would not impair the use or enjoyment of adjacent properties, it appears
to be the minimum relief for the structure to remain, and it will not conflict with the solar
access code.
Motion:
On a motion by E. McCready, seconded by D. Schafer, the Board of Zoning Ad'ustment
approved_4-1 (J. Lester opposed) the apolication (Docket BOZ2018-26) as submitted.
3. GENERAL DISCUSSION:
A. Approval of Minutes
On a motion by D. Schafer, seconded by E.McCready, the Board of Zoning
Adjustments voted 4-0 (J. Lester abstained) to approve the December 13,2018 minutes.
B. Matters from the Board
• The board asked for clarification regarding on how to handle future submitted
variances which are a result of an existing or intended ADU, in addition to the new
ADU standards.
• D. Schafer and M. Hirsch will absent from the February 14, 2019 meeting.
C. Matters from the City Attorney
There were no matters from the City Attorney.
D. Matters from Planning and Development Services
There were no matters from the Planning and Development Services.
4. ADJOURNMENT:
There being no further business to come before the board at this time, BY MOTION
REGULARLY ADOPTED, THE MEETING WAS ADJOURNED AT 5:57 P.M
APPROVED BY
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