2019-07_1838 Mariposa Avenue_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 BOZ2019-07
CONCERNING THE APPLICATION FOR A VARIANCE OF THE SETBACK AND VARIANCE OF THE
ACCESSORY STRUCTURE BUILDING COVERAGE REQUIREMENTS OF SECTION 9-7-1 & 9-7-8, B.R.C.
1981 AT 1838 MARIPOSA AVENUE OF LISA AND LAURENCE TRIFON, WHOSE MAILING ADDRESS IS
1838 MARIPOSA AVENUE, BOULDER, COLORADO 80302.
On June 13, 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 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.
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 3-0 (D. Schafer, C. Goff absent).
EXECUTED this 13th day of June 2019, effective as of, June 13, 2019.
Michael Hirsch, Presiding Officer of the Board at the Meeting
By: ________________ _______________________
Robbie Wyler, Secretary to the Board of Zoning Adjustment
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
BOZA Disposition of Approval Page 1 of 26
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.
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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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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__________
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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
BOZA Disposition of Approval Page 7 of 26
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.
BOZA Disposition of Approval Page 8 of 26
(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
BOZA Disposition of Approval Page 9 of 26
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.
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1849 Mariposa Ave.
1905 Mariposa Ave
437 18th St
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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.
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