2019-05_516 Mapleton Ave_Disposition Packet_Petition of RehearingBOZA Disposition of Approval Page 1 of 13
Appeal to 4-11-2019 BOZA dismissal Fire Code Appeal -Accessory Dwelling Unit Application -516
Mapleton Ave –AUR2019-00008 -Building and Housing Codes 2-16-2019
City of Boulder
BOARD OF ZONING ADJUSTMENT (BOZA)
VARIANCE APPLICATION
May 1st, 2019
Subject:
Appeal to 4-11-2019 BOZA dismissal; Docket No.: BOZ2019-05; Fire Code Appeal to Board of
Building Appeals: Requesting an appeal form the detached ADU Fire-Sprinkler requirement.
Seeking relief to the “house behind a house rule” since fire apparatus access to ADU is within 75’
via the alley.
Two whom it may concern,
We appeal to the 4-11-2019 BOZA dismissal; Docket No.: BOZ2019-05. We request a REHEARING
AND RECONSIDERATION per Exhibit A: “Excerpt of 1998 Signed Procedural Regulations
document” for the following reasons:
Timeliness of Appeal:
VII. 23.: MOTION OR PETITION Within thirty days' after any hearing of the Board.
Reason for request of a REHEARING AND RECONSIDERATION:
VII. 23.: Discovery of new evidence which could not be presented at the previous hearing by
applicant:
a.The BOARD OF ZONING ADJUSTMENT (further BOZA) cited as main reason for its
dismissal that the ADU is not visible to emergency fire responders form 5th Street (an
emergency vehicle access street);
b.The “house behind a house rule”would apply since the view from 5th Street of the ADU is
obstructed by the detached garage buildings and properties of 502 Mapleton Ave. and 503
Highland Ave.
The applicant is presenting new evidence reg. the visibility of the ADU by emergency fire
responders form 5th Street.
c.Exhibit B Rev -Visibility ADU from 5th Street –Photographs
d.Exhibit C Rev -Visibility ADU from 5th Street –Plan view
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Exhibits:
Exhibit A: “Excerpt of 1998 Signed Procedural Regulations document”
Exhibit B Rev -Visibility ADU from 5th Street –Photographs
Exhibit C Rev -Visibility ADU from 5th Street –Plan view
Exhibit D: Quotation by Freedom Fire Pro
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Exhibit A: Excerpt of 1998 Signed Procedural Regulations document:
VII. REHEARING AND RECONSIDERATION
1. In GENERAL No application or appeal decided by the Board can be reheard or considered
except as hereinafter provided.
2. TIE VOTE In the ease of a tie on the initial vote taken the applieantsha11 be allowed another
hearing.
23. MOTION OR PETITION Within thirty days' after any hearing of the Board, any
Aggrieved party, including the city, by written petition or any member of the Board by written
motion may ask for a rehearing and reconsideration of any application decided by the Board at such
hearing. The only grounds for such petition or motion shall be a lack of jurisdiction, the
misrepresentation of another party, a mistake of fact,or the discovery of new evidence which could
not be presented at the previous hearing. The petition or motion shall specify and fully explain
which of these grounds it relies upon. The petitioner shall swear to the truthfulness of the
allegations contained in the petition.
Upon receipt of such a petition, the Secretary shall forthwith notify the Board members. Within ten
days, the Board shall meet and grant or deny the petition or suspend the decision complained of
pending further consideration of the petition. In the event a rehearing is granted, the rehearing
shall be scheduled for the next regularly scheduled board meeting provided notice and posting
requirements can be satisfied.
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Approx.80’5th StreetExhibit A Rev -Visibility ADU from 5th Street
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Exhibit A Rev -Visibility ADU from 5th Street
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Exhibit A Rev -Visibility ADU from 5th Street
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Exhibit A Rev -Visibility ADU from 5th Street
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562SFR100'[R30.5<>m]ADU5thStreetAlley
25°
16°ExhibitCRev-VisibilityADUfrom5thStreetFeb.23rd,2019516MapletonAve,Boulder,CO80304JAEGERGarage/AccessoryDwellingUnit(ADU)BOZA Disposition of Approval Page 10 of 13
50'[15.2<>m]1,075.5SF562SF7,000SF74'-9"[22.8<>m]
R100'[R30.5<>m]
R100'[R30.5<>m]ADU5thStreetAlley
516 Mapleton Ave.
25°
16°ExhibitCRev-VisibilityADUfrom5thStreetFeb.23rd,2019516MapletonAve,Boulder,CO80304JAEGERGarage/AccessoryDwellingUnit(ADU)BOZA Disposition of Approval Page 11 of 13
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