06.13.2019 BOZA Packt (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.: BOZ2019-07
Address: 1838 Mariposa Avenue
Applicant: Lisa & Laurence Trifon
Setback Variance & Accessory Structure Building Coverage Variance: As part of a proposal to modify an
existing accessory building with the intent of converting it into an affordable accessory dwelling unit (ADU), the
applicants are requesting a variance to the side (east) yard setback along 19th Street in order to meet the minimum
side adjacent to street setback requirements for accessory structures in the RL-1 zoning district. The resulting
side setback will be approximately 1.3 feet (at the closest point) where 12.5 feet is required and 1.3 feet exists
today. Additionally, the applicants are requesting a variance to the total cumulative building coverage
requirements for accessory buildings in the principal structure’s rear yard setback in order to establish and
recognize the existing footprint. No expansion of the footprint to the building is proposed as a part of the
conversion to an ADU. The resulting building coverage will be approximately 707 square feet where 500 square
feet is allowed and approximately 707 square feet exists today. Sections of the Land Use Code to be modified:
Sections 9-7-1 & 9-7-8, BRC 1981.
B. Docket No.: BOZ2019-08
Address: 3164 10th Street
Applicants: Jason Williams & Elise Mayo-Williams
Setback Variance: As part of a proposal to fully enclose an existing 75 square-foot rear covered porch which
will utilize the existing roof structure and footprint, the applicants are requesting a variance to the side (south)
yard setback in order to meet the combined side yard setback requirements for principal structures in the RL-1
zoning district. The resulting side setback will be approximately 6.7 feet where 9 feet is required and
approximately 6.7 feet exists today. Section of the Land Use Code to be modified: Section 9-7-1, BRC 1981.
C. Docket No.: BOZ2019-09
Address: 2995 30th Street
Applicant: CST Metro, LLC.
Sign Setback Variance: As part of a proposal to reface an existing freestanding monument sign, the applicant is
requesting a variance to the side (north) yard setback along Valmont Road in order to meet the minimum setback
requirements for such signs in the BCS zoning district. The resulting side setback will be approximately 24.3 feet
where 25 feet is required and 24.3 feet exists today. Section of the Land Use Code to be modified: Section 9-9-
21, BRC 1981.
3. GENERAL DISCUSSION
A. Approval of Minutes: The March 14, 2019, April 11, 2019 and May 9, 2019 BOZA and BOBA minutes are
scheduled for approval.
B. Matters from the Board
C. Matters from the City Attorney
D. Matters from Planning and Development Services
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, June 13, 2019
TIME: Meeting to begin at 5 p.m.
PLACE: Council Chambers, 1777 Broadway, 2nd Floor
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.
06.13.2019 BOZA Packet Page 2 of 73
Revised January 2019
400.pdf
City of Boulder Planning and Development Services
1739 Broadway, third floor • PO Box 791 • Boulder, CO 80306
Phone: 303-441-1880 • Fax: 303-441-4241 • Web: boulderplandevelop.net
BOARD OF ZONING ADJUSTMENT (BOZA)
VARIANCE APPLICATION
APPLICATION DEADLINE IS 4:00 P.M. ON THE SECOND 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 may 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 in full by the applicant.)
• Street Address or General Location of Property:
• Legal Description: Lot Block Subdivision (Or attach description.)
• Lot Size:
• Existing Use of Property:
• Detailed Description of Proposal (Specific Variance[s] Requested Including All Pertinent Numerical
Values (e.g.: Existing, Required and Proposed Setbacks for the Subject Setback Variance):
*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:
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2
APPLICATION TYPES (Check All That Apply For This Application)
Setback (BRC 9-7-1)
Porch Setback & Size (BRC 9-7-4)
Building Separation (BRC 9-7-1)
Bulk Plane (BRC 9-7-9)
Side Yard Wall Articulation (BRC 9-7-10)
Building Coverage (BRC 9-7-11 or BRC 9-10)
Floor Area Ratio (BRC 9-8-2)
Parking in Front Yard Landscape Setback (BRC 9-7-1 & 9-9-6)
Size and Parking Setback Requirements for Accessory Units (BRC 9-6-3)
Cumulative Accessory Building Coverage (BRC 9-7-8)
Mobile Home Spacing Variance (BRC 9-7-13)
Use of Mobile Homes for Non-Residential Purposes (BRC 10-12-6)
Solar Exception (BRC 9-9-17)
Sign Variance (BRC 9-9-21)
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3
APPLICATION REQUIREMENTS
As a minimum, the following items MUST be attached, collated and hereby made a
part of this application:
• If applicant is other than owner(s), a written consent of the owner(s) of the property
for which the variance is requested;
• A written statement thoroughly describing the variance request(s) and addressing
all pertinent review criteria for approval - see following pages (3 copies);
• A signed and stamped Improvement Location Certificate or Site Improvement
Survey and legal description by a registered surveyor (3 copies);
• A site development plan including setbacks, elevations, interior layout/floor plans
and any other pertinent exhibits (3 copies);
• A demolition plan clearly differentiating between existing/remaining and proposed
portions of the structure(s) (3 copies );
• Any other information pertinent to the variance request (e.g. neighbor letters,
photos, renderings, etc.) (3 copies);
• Sign Posting Acknowledgement Form - see following page.
NOTE: The applicant is responsible for posting the property in compliance with city
requirements. Signs will be provided to the applicant at the time of submission of
the application. The applicant will be responsible for posting the required sign(s)
within 10 days of the hearing date. Failure to post the required sign(s) may result in
the postponement of the hearing date.
• An electronic copy of all materials (including a completed & signed application
form) must be submitted on a thumb/USB drive with your application. *CDs will not
be accepted;
• A Board of Zoning Adjustment application fee (as prescribed in the current
‘Schedule of Fees’ which can be found at bouldercolorado.gov/plan-develop);
NOTE: SEE SECTION 9-2-3(l), B.R.C. 1981 FOR VARIANCE EXPIRATION INFORMATION
Applicant Signature ______________________________________Date__________
Owner (if other than Applicant) Signature _________________________Date__________
06.13.2019 BOZA Packet Page 5 of 73
1838 Mariposa
BOZA Variance Review Criteria and Written Statement
May 12, 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 1838 Mariposa, owned and occupied by
Lisa and Laurence Trifon. The proposed use of the structure is an Accessory Dwelling Unit for the City of
Boulder’s Affordable Housing Program.
The AUR application was initially denied, referencing standards outlined in Detached Accessory Units Section
9-6-3(A)(1)(C)(iii)(d), stating Setbacks shall comply with accessory building setbacks. As noted by the City,
“The proposed ADU meets the front, interior side, and rear setbacks. However, the structure does not meet the
required side yard landscaped setback of 12.5 feet.”
The existing structure is a 707 square foot detached studio that was built in the 1940s. The Trifons kindly ask
the Board to consider the following requested variances:
●Setback Variance: An east side yard setback of 1.3 feet (at closest point) where 12.5 feet is required and
1.3 feet exists today. Please note that the south rear yard (adjacent to the alley between Mariposa Ave.
and Bluebell Ave.) is in compliance with the setback requirement of 0 feet or >3 feet, where 0 feet exists
today.
●Size Variance: A variance to the maximum accessory structure building coverage in principal building rear
yard setback of 707 square feet where 500 square feet is required and 707 square feet exists today.
The Trifons would like to maintain this structure and put a use to it that would help further the economic,
environmental, and social goals of the City of Boulder’s Affordable Housing ADU Program. All other criteria for
the ADU application was satisfactorily met, with the only exception being compliance with the setback
requirements. No exterior modifications, additions, expansions, or construction is required or planned for the
exterior of the structure. If the zoning variance is approved, a few minor interior modifications are planned.
The Trifons sought to bring the existing structure into compliance with the setback requirements, but
unfortunately there are no viable solutions that can provide relief. Their structural engineer raised serious
concerns that there was not a safe way to move the existing structure and that any attempt to relocate it could
result in its collapse due to its age and the nature of its construction. Furthermore, even if moving the structure
were possible physically, relocating it 12.5’ west to comply with setback requirements would require that the
structure be elevated further due to the grading of the lot, and/or would require significant regrading, which
would affect the ability to maintain and access key parts of the structure, including the door and/or window(s)
(see Elevation Map & exterior photos in Exhibit B). With regards to reducing the overall building coverage of
the structure, the structural engineer noted that, “shortening the structure could also be problematic because
the end walls may be what is barely keeping the existing structure from collapsing.” Exhibit B contains full letter
from Lopez Smolens Associates, Consulting Structural Engineers as well as photos of the existing structure.
These considerations and concerns have brought the Trifons to request these variances as the only way to
provide relief for their family.
With the approval of this variance request, the Trifons plan to implement an affordable housing rental unit, in
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alignment with the economic, environmental, and social goals of the City’s ADU program and affordable
housing goals.
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 1940s and doesn’t meet the
current setback and size requirements, as it was created before those existed.
(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. There are no other
corner lots in the surrounding neighborhood with a detached structure with a 0’ setback adjacent
to an alley and a street, or that exceed 500 sf. Furthermore, the RL-1 Zoning District requires a
12.5’ setback from the street and requires a maximum accessory structure building coverage in
principal building rear yard setback of 500 square feet. Please see Exhibit A for photos and
details.
(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. The owners had a structural
engineer evaluate whether the structure could be safely moved to comply with the setback and
size requirements. He notes, “I believe that the structure could potentially collapse if it was
attempted to move it . . . Also shortening the structure could also be problematic because the end
walls may be what is barely keeping the existing structure from collapsing.”
Please see Exhibit B for full letter from Lopez Smolens Associates, Consulting Structural
Engineers.
(D) Any unnecessary hardship has not been created by the applicant.
The structure in question was built by previous owners in the 1940s.
(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
06.13.2019 BOZA Packet Page 7 of 73
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 the 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
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 and therefore no alteration to the essential character of the neighborhood
proposed. The owners are seeking to maintain the structure, not to change the look or character of
the neighborhood. No exterior modifications are 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
Keeping the structure it in its current location and at its current size is the minimum variance
possible and requires the least modification of the code to afford relief to the Trifon family. It would
afford our family no relief if we were forced to move the structure to a code-compliant location
and/or reduce the size to <500 sf. Furthermore, it would not align with our goals prevent further
deterioration of this historic structure, as well as to maintain it and put a use to it that will help
further the economic, environmental, and social goals of both the City of Boulder’s Affordable
Housing ADU program as well as align with our own goal to provide an affordable housing within
our neighborhood.
06.13.2019 BOZA Packet Page 8 of 73
(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).
We greatly appreciate your time and consideration. Please feel free to reach out to us with any questions.
Sincerely,
Laurence and Lisa Trifon
Homeowners at 1838 Mariposa Avenue
06.13.2019 BOZA Packet Page 9 of 73
Exhibit A
Criteria for Variances(1) (B) unusual circumstances or conditions do not exist throughout the neighborhood or zoning
district in which the property is located
There are no other corner lots in the surrounding neighborhood with a detached structure with a 0’ setback
adjacent to an alley and a street. The circumstances of the detached structure at 1838 Mariposa are unique to
the neighborhood.
Address Photo
1845 Bluebell Ave
1901 Bluebell Ave.
06.13.2019 BOZA Packet Page 10 of 73
1849 Mariposa Ave.
1905 Mariposa Ave
437 18th St
06.13.2019 BOZA Packet Page 11 of 73
1900 Mariposa Ave.
444 18th St
1739 Mariposa Ave
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502 18th St
1928 Mariposa Ave
1999 Bluebell Ave
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1927 Mariposa Ave
1930 Columbine Ave
401 18th Street
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1841 Columbine
1838 Columbine Ave
528 18th Street
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Exhibit B
Letter from Lopez Smolens Associates, Consulting Structural Engineers re: movability and reduction of building
coverage of Detached Studio & photos of exterior of detached structure.
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North Side of Studio
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East Side of Studio (adjacent to 19th Street)
West Side of Studio
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South Side of Studio (adjacent to Alley)
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SITE PLAN
Requested east side yard
setback of 1.3 feet (at
closest point) where 12.5
feet is required and 1.3
feet exists today;
Requested Variance to
Maximum Accessory
Structure Building
Coverage in Principal
Building Rear Yard
Setback of 707 square feet
where 500 square feet is
required and 707 square
feet exists today.
Please note that there are no
proposed changes to or
additions to the exterior of
buildings, structures,
improvements, screening or
landscaping to accommodate
the proposed ADU.
The proposal would be to
make some adaptations to the
interior of the existing studio
structure.
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Interior Floor Plan - Existing
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Interior Floor Plan - Proposed
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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
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.
I, , am filing a Land Use Review, Administrative Review, Technical
(PRINT NAME OF APPLICANT OR CONTACT PERSON)
Document Review, or BOZA application [on behalf of]
(PRINT NAME OF OWNER(S) IF OTHER THAN APPLICANT/CONTACT)
for the property
located at
(PRINT PROPERTY ADDRESS OR LOCATION)
. I have read the city's sign posting requirements above and acknowledge
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.
06.13.2019 BOZA Packet Page 26 of 73
Revised January 2019
400.pdf
City of Boulder Planning and Development Services
1739 Broadway, third floor • PO Box 791 • Boulder, CO 80306
Phone: 303-441-1880 • Fax: 303-441-4241 • Web: boulderplandevelop.net
BOARD OF ZONING ADJUSTMENT (BOZA)
VARIANCE APPLICATION
APPLICATION DEADLINE IS 4:00 P.M. ON THE SECOND 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 may 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 in full by the applicant.)
• Street Address or General Location of Property:
• Legal Description: Lot Block Subdivision (Or attach description.)
• Lot Size:
• Existing Use of Property:
• Detailed Description of Proposal (Specific Variance[s] Requested Including All Pertinent Numerical
Values (e.g.: Existing, Required and Proposed Setbacks for the Subject Setback Variance):
*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:
3164 10th St., Boulder, CO 80304
7 & 8 8 Newlands
6,250
Primary Residence
Jason Williams & Elise Mayo-Williams
3164 10th St.303.579.9648
Boulder CO 80304 jasontwill@gmail.com
Interior side yard setback on south of 6.7 feet where 9 feet is required and 6.7 feet
exists today to enclose an existing covered rear porch. Written statement attached.
1907 SF
2006 SF
18.77 FT
1924 SF
18.77 FT
2029 SF
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2
APPLICATION TYPES (Check All That Apply For This Application)
Setback (BRC 9-7-1)
Porch Setback & Size (BRC 9-7-4)
Building Separation (BRC 9-7-1)
Bulk Plane (BRC 9-7-9)
Side Yard Wall Articulation (BRC 9-7-10)
Building Coverage (BRC 9-7-11 or BRC 9-10)
Floor Area Ratio (BRC 9-8-2)
Parking in Front Yard Landscape Setback (BRC 9-7-1 & 9-9-6)
Size and Parking Setback Requirements for Accessory Units (BRC 9-6-3)
Cumulative Accessory Building Coverage (BRC 9-7-8)
Mobile Home Spacing Variance (BRC 9-7-13)
Use of Mobile Homes for Non-Residential Purposes (BRC 10-12-6)
Solar Exception (BRC 9-9-17)
Sign Variance (BRC 9-9-21)
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APPLICATION REQUIREMENTS
As a minimum, the following items MUST be attached, collated and hereby made a
part of this application:
• If applicant is other than owner(s), a written consent of the owner(s) of the property
for which the variance is requested;
• A written statement thoroughly describing the variance request(s) and addressing
all pertinent review criteria for approval - see following pages (3 copies);
• A signed and stamped Improvement Location Certificate or Site Improvement
Survey and legal description by a registered surveyor (3 copies);
• A site development plan including setbacks, elevations, interior layout/floor plans
and any other pertinent exhibits (3 copies);
• A demolition plan clearly differentiating between existing/remaining and proposed
portions of the structure(s) (3 copies );
• Any other information pertinent to the variance request (e.g. neighbor letters,
photos, renderings, etc.) (3 copies);
• Sign Posting Acknowledgement Form - see following page.
NOTE: The applicant is responsible for posting the property in compliance with city
requirements. Signs will be provided to the applicant at the time of submission of
the application. The applicant will be responsible for posting the required sign(s)
within 10 days of the hearing date. Failure to post the required sign(s) may result in
the postponement of the hearing date.
• An electronic copy of all materials (including a completed & signed application
form) must be submitted on a thumb/USB drive with your application. *CDs will not
be accepted;
• A Board of Zoning Adjustment application fee (as prescribed in the current
‘Schedule of Fees’ which can be found at bouldercolorado.gov/plan-develop);
NOTE: SEE SECTION 9-2-3(l), B.R.C. 1981 FOR VARIANCE EXPIRATION INFORMATION
Applicant Signature ______________________________________Date__________
Owner (if other than Applicant) Signature _________________________Date__________
04/21/2019
06.13.2019 BOZA Packet Page 29 of 73
SIGN POSTING REQUIREMENTS
APPLICANT’S ACKNOWLEDGMENT FORM
Required for Certain Land Use Review, Administrative Review, Technical Document Review, and Board of
Zoning Adjustment Applications
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.
I, , am filing a Land Use Review, Administrative Review, Technical
(PRINT NAME OF APPLICANT OR CONTACT PERSON)
Document Review, or BOZA application [on behalf of]
(PRINT NAME OF OWNER(S) IF OTHER THAN APPLICANT/CONTACT)
for the property
located at
(PRINT PROPERTY ADDRESS OR LOCATION)
. I have read the city's sign posting requirements above and acknowledge
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.
Jason Williams
3164 10th St. Boulder, CO 80304
Jason Williams 04/21/2019
06.13.2019 BOZA Packet Page 30 of 73
Written Statement for BOZA Variance Application
3164 10th St., Boulder, CO 80304
Prepared by Jason Williams, property owner
Setback Variance Requested
Interior side yard setback on south of 6.7 feet where 9 feet is required and 6.7 feet
exists today to enclose an existing covered rear porch.
Summary
The house at 3164 10th St. was constructed in 1948. Upon review of City of Boulder
permit records related to the property, the house appears to have been built in
accordance with building codes at the time of construction.
The current owners of the property have lived in the house since 2007. In 2009 they
completed a 178 SF addition that added a second bathroom, closet space, and a small
covered deck. The addition was permitted and completed in accordance with building
codes at the time of construction.
The plan is to remodel the house as an energy efficient smart home by upgrading the
existing structure and systems thereby optimizing value within the home’s existing
footprint. The property owners feel that this environmentally conscious, cost-efficient
approach is preferable to a tear-down rebuild as is common in the surrounding
neighborhood.
While the requested setback variance will add 23 SF to the proposed total gross floor
area, this additional space will maximize livable area within the existing structure and
minimize costly reconstruction of the foundation and roofline to accommodate default
setback requirements.
Responses to Criteria for Variances
(h)(1) Physical Conditions or Disability
(A)(i) Property owner wants to work within the existing footprint of the house and
add 23 SF of interior space on existing slab under existing roof structure. Owner
reviewed permit records with a City of Boulder official and it appears that the
covered porch was legal at the time of construction. Owner would like to enclose
this covered porch to expand kitchen and dining area without cutting a notch out
of slab and structure.
06.13.2019 BOZA Packet Page 31 of 73
(B) Existing footprint has existed since the house was constructed in 1948. As it
stands, the house meets the minimum 5 FT setback on both sides. Owner can
not meet the combined 15 FT and maintain the aesthetic integrity of the home.
(C) Owner has considered the setback requirement and feels that pushing back
approx. 3 FT from the existing structural perimeter is not a desirable outcome.
Owner wishes to maintain existing structure.
(D) “Chopping off” one-third of the existing structure and foundation will add
unnecessary cost and will adversely affect the design of the house.
(h)(5) Requirements for All Variance Approvals
(A) There is an existing 6.6 FT fence surrounding the rear two-thirds of the
property. The enclosed space will be somewhat viewable from the south and
potentially from the east -- but no more than if built to meet default setback
requirement.
(B) The structure to be enclosed exists. The enclosure does not push out or up
and provides more privacy to the south neighbor. The 6.6 foot fence will cover
the majority of new construction.
(C) The extra 23 SF is needed to maximize livable space for the growing family
living in the modest home and the cost to enclose space is considerably less
than modifying the existing structure and slab.
(D) Proposed variance does not affect solar access -- it is 10 feet from grade.
06.13.2019 BOZA Packet Page 32 of 73
06.13.2019 BOZA Packet Page 33 of 73
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CITY OF BOULDER
BOARD OF ZONING ADJUSTMENT
ACTION MINUTES
March 14, 2019, 5 p.m.
Municipal Building, 1777 Broadway, W-100 Broadway Conference Room
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 5:03 p.m.
2. BOARD HEARINGS:
A. Docket No.: BOZ2019-03
Address: 5000 Butte Street, #174 (located on Vail Circle)
Applicant: Sam Shrestha
Spacing Variance for a Mobile Home: As part of a proposal to place a mobile home on
a lot within Vista Village, the applicant is requesting a variance to the side (north &
south) setbacks between neighboring homes. In a mobile home park context, the side
setbacks (separation) is measured from home to home. In this case, the resulting north
separation will be approximately 13 feet where 15 feet is required and no home exists
today. The resulting south separation will be approximately 11 feet where 15 feet is
required and no home exists today Section of the Land Use Code to be modified:
Section 9-7-13, BRC 1981.
Staff Presentation:
R. Wyler presented the item to the board.
Board Questions:
R. Wyler answered questions from the board.
Applicant’s Presentation:
Sam Shrestha, the applicant, presented the item to the board.
Board Questions:
Sam Shrestha, the applicant, answered questions from the board.
06.13.2019 BOZA Packet Page 65 of 73
Public Hearing:
No one from the public addressed the board.
Board Discussion:
• J. Rudd disclosure that he had attended a trailer park home owners association meeting,
however it was under different circumstances. He said he would not recuse himself upon
advice from the city attorney and will be able to act impartial.
• E. McCready clarified that the proposed mobile home would be two feet wider than the
previous home however the south property line would remain the same.
• M. Hirsch said that these types of mobile homes have been approved before. The
livability standards have improved. This may be the evolution of trailer parks to have
variances requested as updates are made to modern standards.
• D. Schafer said there would be no fundamental impact or change to the east side as the
new home would be following the existing property line. The real impact would be the
reduction of public usable space and that would be to the resident.
• J. Rudd said that potentially a hundred units over time could be replaced, open space
may suffer and that gives him concern that the essential character of the neighborhood
could change over a long period of time.
• D. Schafer agreed but said these parks were designed under different standards than
today. The solution may be to start over.
• J. Lester mentioned that this is a wedge-shaped lot that needs to be managed. She said
that an impact on neighbors would not exist due to the wedge offering more room.
Motion:
On a motion by E. McCready, seconded by J. Lester, the Board of Zoning Adjustment
approved 5-0 the application (Docket BOZ2019-03) as submitted.
B. Docket No.: BOZ2019-04
Address: 1829 Bluebell Avenue
Applicant: Arlo & Danielle Corwin
Solar Access Exception: As part of a proposal to add a second story to an existing
single-family house, the applicant is requesting a solar access exception to the solar
access area 1 regulations. The property to the west (1815 Bluebell) will be the only
property affected by this request. Section of the Land Use Code to be modified: Section
9-9-17, BRC 1981.
Staff Presentation:
R. Wyler presented the item to the board.
Board Questions:
R. Wyler answered questions from the board.
Applicant’s Presentation:
Arlo and Danielle Corwin, the owners, presented the item to the board.
06.13.2019 BOZA Packet Page 66 of 73
Board Questions:
Arlo and Danielle Corwin, the owners, answered questions from the board.
Public Hearing:
No one from the public addressed the board.
Board Discussion:
• The board discussed and clarified the difference between the “real” shadow vs. the
“adjusted” shadow, the effects on this project and the shading on the property to the west.
• M. Hirsch said the condition of the home is irrelevant because there are solutions to
repair the home besides a variance. Given the information provided, he would support
this proposal. He said he did not believe the neighbor to the west would be severely
affected by this project.
• D. Schafer agreed the impact would not be extreme to the neighbor. The most extreme
shading would occur in the middle of winter for a few hours.
• E. McCready disagreed. She said she could not support this proposal based on her
objections to criteria 6(A)iii, 6(B), and 6(C). She said there is not a need to have this
criterion varied on this lot unless it came back through a landmarked scenario and it was
the only option.
• M. Hirsch said that in an urban setting, shadows are inevitable.
• D. Schafer said he wondered how many solar variances exist in the neighborhood
currently. This incursion would not affect the usability or enjoyment of the house.
• J. Lester was in support.
• E. McCready said, while the addition will no doubt be a positive affect for the
neighborhood, she could not support it.
Motion:
On a motion by D. Schafer, seconded by J. Lester, the Board of Zoning Adjustment
approved 4-1 (E. McCready opposed) the application (Docket BOZ2019-04) as submitted.
3. GENERAL DISCUSSION:
A. Approval of Minutes
On a motion by E. McCready, seconded by J. Lester, the Board of Zoning Adjustments
voted 3-0 (D. Schafer, M. Hirsch abstained) to approve the February 14, 2019 minutes.
B. Matters from the Board
There were no matters from the board.
C. Matters from the City Attorney
• E. Poe informed the board that the Board of Building Adjustments (BOBA) may have an
item brought to this board in April 2019.
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D. Matters from Planning and Development Services
• R. Wyler provided additional information on a possible BOBA item which may come
before the board in April 2019 and staff will keep the boar updated as needed.
• R. Wyler informed the board that staff is planning on BOZA Retreat in May or June
2019 once a new board member has been appointed.
4. ADJOURNMENT:
There being no further business to come before the board at this time, BY MOTION
REGULARLY ADOPTED, THE MEETING WAS ADJOURNED AT 7:02 P.M
APPROVED BY
_________________________________
Board Chair
_________________________________
DATE
06.13.2019 BOZA Packet Page 68 of 73
CITY OF BOULDER
BOARD OF BUILDING APPEALS
ACTION MINUTES
April 11, 2019, 5 p.m.
1777 Broadway, Council Chambers
Board Members Present: Michael Hirsch (Chair), Jill Lester, David Schafer,
Ellen McCready, Jack Rudd
Ex-Officio Board Members Present: Will Birchfield, Michael Calderazzo
Board Members Absent: N/A
City Attorney Representing Board: Erin Poe
Staff Members Present: David Lowrey, Cindy Spence, Robbie Wyler
1. CALL TO ORDER:
M. Hirsch called the meeting to order at 5:01 p.m.
2. BOARD HEARINGS:
A. Docket No.: BOZ2019-05
Address: 516 Mapleton
Applicant: Claudius Jaeger
Fire Code Appeal to the Board of Building Appeals: Requesting an appeal from 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.
Staff Presentation:
D. Lowrey presented the item to the board.
Board Questions:
D. Lowrey answered questions from the board.
Applicant’s Presentation:
Claudius Jaeger, the applicant, presented the item to the board.
Board Questions:
Claudius Jaeger, the applicant, answered questions from the board.
Public Hearing:
No one from the public addressed the board.
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Board Discussion:
• M. Hirsch researched the City’s Design and Construction Standards (specifically Code
2.0(d)) as well as performed a site visit. He said that this alley appears to be substandard
on every point in Code 2.0(d) specifically there are overhead power lines, it is not wide
enough, there is no signage, and no turnarounds. He added that within the same code
regarding alleys, there is no mention of access for emergency vehicles.
• D. Schafer said that an alley is not a street and not an appropriate access for emergency
vehicles. As a rule, we cannot consider alleys access points. Also, if the letter of the code
were to be addressed, the applicant’s lot would not be compliant as it does not have
frontage on two streets, therefore structure needs to be sprinklered.
• J. Lester said an alley is not a street. In addition, there should be concern for the overall
safety of people in the structure which the fire chief accurately analyzed. She stated that
the purpose of the fire sprinklers is safety and to buy time. This board cannot redefine an
alley as a street.
• J. Rudd appreciated the applicant’s arguments but stated that they were hypothetical. He
would support the fire marshal’s interpretation.
• M. Hirsch said the overall issue here is life safety of people within the structure and of
the fire fighters. He agreed with the fire marshal’s interpretation of the fire code.
• M. Calderazzo said, as a fire fighting representative, that the main concern often are the
obstructions that can be seen or unseen due to darkness or storms. Alleys make it difficult
to find the address of any location. He appreciated the applicant’s comments and how the
code could be interpreted. He said that an alley is always free-for-all and never designed
for anything other than temporary access and the fire department always tries to avoid
them whenever possible. When they are forced to use them, the fire fighters are more
worried about overhead access and things that cannot be seen in the night. In addition,
while there is not building on the lot next to the applicant, his neighbor could build in the
future, then the applicant’s ADU would no longer be visible from the street. He said that
access is most important.
Motion:
On a motion by J. Lester, seconded by J. Rudd, the Board of Building Appeals voted 4-0 to
affirm the fire marshal’s interpretation of the fire code relating to required fire apparatus
access on application (Docket BOZ2019-05) as submitted.
3. GENERAL DISCUSSION:
A. 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 informed the board that the vacant board member seat remains open and that
applications are still being accepted.
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4. ADJOURNMENT:
There being no further business to come before the board at this time, BY MOTION
REGULARLY ADOPTED, THE MEETING WAS ADJOURNED AT 6:19 P.M
APPROVED BY
_________________________________
Board Chair
_________________________________
DATE
06.13.2019 BOZA Packet Page 71 of 73
CITY OF BOULDER
BOARD OF BUILDING APPEALS
ACTION MINUTES
May 9, 2019, 5 p.m.
1777 Broadway, Council Chambers
Board Members Present: Jill Lester, David Schafer,
Board Members Present (via telephone): Michael Hirsch (Chair)
Ex-Officio Board Members Present: Will Birchfield, Michael Calderazzo
Board Members Absent: Jack Rudd
City Attorney Representing Board: Erin Poe
Staff Members Present: David Lowrey, Cindy Spence, Robbie Wyler
1. CALL TO ORDER:
J. Lester called the meeting to order at 5:14 p.m.
2. BOARD HEARINGS:
A. Docket No.: BOZ2019-05
Address: 516 Mapleton
Applicant: Claudius Jaeger
PETITION FOR REHEARING – Fire Code Appeal to the Board of Building
Appeals: Requesting an appeal from 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.
Motion:
On a motion by J. Lester, seconded by D. Schafer, the Board of Building Appeals voted 3-0 (J.
Rudd absent) to allow M. Hirsch to participate by being present by phone.
Applicant was not present.
Board Discussion:
• The board agreed that was no new evidence presented which could not have been presented
at the prior meeting on April 11, 2019.
• The board agreed that there was no mistake of fact from the prior meeting on April 11, 2019.
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Motion:
On a motion by D. Schafer, seconded by M. Hirsch, the Board of Building Appeals voted 3-
0 (J. Rudd absent) to deny the petition for a rehearing of the fire marshal’s interpretation of
the fire code relating to required fire apparatus access on application (Docket BOZ2019-05)
as submitted.
3. ADJOURNMENT:
There being no further business to come before the board at this time, BY MOTION
REGULARLY ADOPTED, THE MEETING WAS ADJOURNED AT 5:30 P.M
APPROVED BY
_________________________________
Board Chair
_________________________________
DATE
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