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03.14.2019 BOZA Summary Minutes_signed 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. 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. • I 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. 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. 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 � . 1,2; . ►e7 DATE