2019-10_845 Pine Street_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 BOZ2019-10
CONCERNING THE APPLICATION FOR A VARIANCE OF THE SETBACK REQUIREMENTS OF SECTION 9-
7-1, B.R.C. 1981 AT 845 PINE STREET OF HAE HYONG PARK, WHOSE MAILING ADDRESS IS 1037
KALMIA AVENUE, BOULDER, COLORADO 80304.
On July 11, 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 construct a new single-family house and to permit a portion of the new house at the previous
home’s east, side yard setback, the applicant is requesting a variance to the side (east) yard setback along 9th Street
in order to meet the minimum side adjacent to street setback requirements for principal structures in the RL-1
zoning district. The resulting east setback will be approximately 7.17 feet where 12.5 feet is required and no
structure exists today (previous home has been demolished). Section of the Land Use Code to be modified: Section
9-7-1, 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 3-1 (M. Hirsch opposed; D. Schafer absent).
EXECUTED this 11th day of July 2019, effective as of, July 11, 2019.
Michael Hirsch, Presiding Officer of the Board at the Meeting
By: ___________________________________________
Robbie Wyler, Secretary to the Board of Zoning Adjustment
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.
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
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:
BOZA Disposition of Approval Page 2 of 26
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)
BOZA Disposition of Approval Page 3 of 26
BOZA Disposition of Approval Page 4 of 26
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.
BOZA Disposition of Approval Page 5 of 26
BOZA Disposition of Approval Page 6 of 26
845 Pine Street: Request for Variance on East Setback
Background
We are applying for a variance to recover the east setback that was lost. The setback was lost
when the east section of the original house, which was meant to be preserved [Fig. 1,2], was
demolished. The demolition resulted from the engineer’s and contractor’s belief that the
construction was otherwise “impossible.” Although it is not the intention of the owner to defend
the actions of the engineer and contractor, we provide an argument for the physical hardships
that led to their decision. The variance would allow us to continue the build of the house that was
approved by Landmarks. The property is being built by the applicant for his mother, Hae Hyong
Park. They are referred collectively as “owner” here and in the following.
Supplemental Materials from Cushman Geoscience, Inspex of Boulder, the previous tenant, and
Gebau, respectively Refs. [Supp. Mat. 1-4], are attached. Supportive Figures, Refs. [Fig. 1-6],
are attached. Slides that can be presented at the July 11 BOZA meeting are prepared and attached
for convenience.
Criteria for Variance
(1) Physical Conditions or Disability
(A) The unusual physical circumstance or condition is the hardship faced in preserving the
east section of the original house. The soil conditions significantly compromised the structure of
the southeast wall of the original house (built in 1950). The east section of the house [Fig. 1,2]
needed to be preserved in order to retain the original east setback variance.
A comprehensive soil study was performed by Cushman Geoscience LLC. An inspection of the
house was performed by Inspex of Boulder Inc. Significant cracking of the supportive cinder
block and brick wall was reported by both [Supp. Mat. 1,2]. Although it was initially thought
before construction that the brick was an aesthetic veneer, it was determined at start of
construction that the brick (along with the cinder block) was structural. Cushman Geoscience
reported a differential movement of nearly 2 inches between the south and north ends at time of
measurement. The on-grade risk of heave due to expansive soil was rated as high risk with
movement of 4-5 inches [Supp. Mat. 1]. Previous tenant and the owner can attest to the fact that
there was visible damage to the southeast section of the house (in spite of repair) on time scales
of less than a year [Fig. 3, Supp. Mat. 3].
(B) The conditions described do not exist throughout the neighborhood. In fact, the
conditions causing the hardship is localized even within the lot itself to its southeast corner. The
subsequent damage (from the ground displacement) to the house was most severe at the
southeast corner. There were only minor cracks visible in the interior painted walls of the house
on the west and north sections of the house. In comparison, within a year of repair, there were
large cracks exposing the underlying cinder block on the southeast section of the house [Fig. 3,
Supp. Mat. 3].
BOZA Disposition of Approval Page 7 of 26
(C) Because of these physical circumstances it was difficult to preserve the remaining
structure. Significant effort and cost were applied to preserving and stabilizing the east section
of the house. Multiple micropiles (4) and piers (2) (each of over 10 inches in diameter and
over 25 feet in depth) were used to support the original foundation underlying the east section
of the house [Fig. 6, Supp. Mat. 4]. Further damages were likely incurred during the wind
storms in March with wind speeds exceeding 35 mph. The damage to the cinder block and brick
posed a challenge and hardship in preserving the east section of the house and in introducing new
windows to that section.
(D) We did not create the hardship and, as described in the preceding, we applied significant
effort and cost towards overcoming the hardship. In addition to the effort put into preserving the
original east section of the house from the foundation up, supportive structures were put up to
stabilize the east section, and covers were put in place to protect the plaster walls from the
weather [Fig. 2].
(5) Requirements for All Variance Approvals
(A) The proposed design does not alter the essential character of the neighborhood or
district in which the lot is located. The design of the house was approved by Landmarks. The
owner has gone to great effort in retaining elements of the original house both in design and
structure. The choice to preserve the original character was motivated by personal and
sentimental reasons. The previous owner, Ruth Lurie, was friends with sister and brother, Joan
and Richard Feynman, who used to be visitors at 845 Pine Street. Richard Feynman is one of the
most impactful and notorious physicists in history and Joan Feynman is famous for her study of
the aurora borealis [Fig. 4]. As such, it was very important for the owner to preserve the
character and part of the original house [Fig. 5].
Example 1: The asymmetric 3-gable design of the original house was adopted [Fig. 5].
Example 2: The distinctive sharp slope of the east section of the house was incorporated. The
new dining room and communal living room sit in the same places as in the original house [Fig.
5].
(B) The proposed design does not substantially or permanently impair the reasonable use
and enjoyment or development of adjacent property. The property is a southeast corner lot.
The variance would maintain the location of the original house. There are no adjacent houses to
the east and south of the property, so the variance does not encroach on or otherwise adversely
affect the neighboring lots. Furthermore, because it is a corner lot, it has more severe setbacks
than adjacent properties.
(C) We are requesting the minimum variance to afford relief. We are asking for what was
already approved in design and to rebuild only what was pre-existing (i.e. the original east
section).
(D) The variance does not conflict with the provisions of Section 9-9-17, "Solar Access,"
B.R.C.1981. See above.
BOZA Disposition of Approval Page 8 of 26
SITE PLAN, SOLAR SHADOWJAE PARK8 MARCH 2018PERMIT SETCOPYRIGHT 2015 ALL RIGHTS RESERVEDP A R K R E S I D E N C EOWNERSBOULDER, CO 80302m. gerwing ARCHITECTS2805 WILDERNESS PLACESUITE 500BOULDER, CO 80301303.886.9872www.mgerwingarch.com845 PINE STREETPROJECT INFORMATIONPROJECT: PARK RESIDENCEADDRESS: 845 PINE STREETLEGAL DESCRIPTION: LOT 11, BLOCK 152BOULDER WESTCITY OF BOULDERBOULDER, COLORADORL-1, MAPLETON HILL HISTORIC DISTRICTLOT AREA:11,646 SFBUILDING AREA:ALLOWED:4301 SFEXISTING:1063 SFPROPOSED:2380 SFHISTORIC ACCESSORY BLDG EXCLUDEDBUILDING COVERAGE:ALLOWED:3241 SFEXISTING:1484 SF PROPOSED:1771 SFPREVIOUS APPROVALS: LANDMARKS BOARDDESIGN REVIEW COMMITTEE APPROVALHIS 2017-00094PROJECT DESCRIPTION:COMPLETE MAIN LEVEL RENOVATION AND ADDITIONAND SECOND STORY ADDITION.EXISTING MAIN LEVEL WALLS AND ROOF TO REMAINWITHIN EXISTING SIDE YARD SETBACK VIOLATION.SEE BUILDING ELEVATIONS FOR BULK PLANE ANALYSISSEE DIAGRAM FOR FRONT YARD PORCHENCROACHMENT - EXTENDS AROUND CORNER INTOBOTH SIDE AND FRONT YARD SETBACKSENERGY CODE COMPLIANCE:(SF CALCULATED FROM INSIDE FACE Of STRUCTURE)EXIST AREA: 994 SFRENOVATION AREA: 994 SFADDITIONAL AREA: 1213 SFSTRUCTURE VALUATION: $PROJECT VALUATION: $NEW CONSTRUCTION EVALUATION:AREA: 2207 SFREQUIRED ERI: 58*SEE ATTACHED HERS RATING*MANDATORY REQUIREMENTS: SEE CHECKLISTCONSTRUCTION WASTE RECYCLING: 100%ANALYSIS, PROJECT INFOBOZA Disposition of Approval Page 9 of 26
ELEVATIONSJAE PARK5 SEPTEMBER 2018PERMIT RESUBMITTALCOPYRIGHT 2015 ALL RIGHTS RESERVEDP A R K R E S I D E N C E OWNERSBOULDER, CO 80302m. gerwing ARCHITECTS2805 WILDERNESS PLACESUITE 500BOULDER, CO 80301303.886.9872www.mgerwingarch.com845 PINE STREETBOZA Disposition of Approval Page 10 of 26
MAIN & UPPER LEVELFLOOR PLANSJAE PARK5 SEPTEMBER 2018PERMIT RESUBMITTALCOPYRIGHT 2015 ALL RIGHTS RESERVEDP A R K R E S I D E N C EOWNERSBOULDER, CO 80302m. gerwing ARCHITECTS2805 WILDERNESS PLACESUITE 500BOULDER, CO 80301303.886.9872www.mgerwingarch.com845 PINE STREETBOZA Disposition of Approval Page 11 of 26
MAIN LEVELDEMOLITION PLANJAE PARK8 MARCH 2018PERMIT SETCOPYRIGHT 2015 ALL RIGHTS RESERVEDP A R K R E S I D E N C EOWNERSBOULDER, CO 80302m. gerwing ARCHITECTS2805 WILDERNESS PLACESUITE 500BOULDER, CO 80301303.886.9872www.mgerwingarch.com845 PINE STREETBOZA Disposition of Approval Page 12 of 26
ROOF PLANCRAWL SPACE PLANJAE PARK5 SEPTEMBER 2018PERMIT RESUBMITTALCOPYRIGHT 2015 ALL RIGHTS RESERVEDP A R K R E S I D E N C EOWNERSBOULDER, CO 80302m. gerwing ARCHITECTS2805 WILDERNESS PLACESUITE 500BOULDER, CO 80301303.886.9872www.mgerwingarch.com845 PINE STREETBOZA Disposition of Approval Page 13 of 26
BUILDING SECTIONSJAE PARK8 MARCH 2018PERMIT SETCOPYRIGHT 2015 ALL RIGHTS RESERVEDP A R K R E S I D E N C E OWNERSBOULDER, CO 80302m. gerwing ARCHITECTS2805 WILDERNESS PLACESUITE 500BOULDER, CO 80301303.886.9872www.mgerwingarch.com845 PINE STREETBOZA Disposition of Approval Page 14 of 26
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From:Brad Drevno
To:Wyler, Robbie
Cc:Holmes, Brian; Brad Drevno; Drevno Home
Subject:845 Pine Street Setback Variance Request
Date:Saturday, June 29, 2019 1:54:45 PM
Attachments:image001.png
Dear City of Boulder Board of Zoning Adjustment,
This letter is in regards to the Setback Variance Request for 845 Pine Street
Boulder, Colorado. Docket No.: BOZ2019-10
We hereby submit our opposition to the requested setback variance. The requested
variance does not meet any of the City's criteria for granting this variance request;
Requirements for All Variance Approvals
(A) Would not alter the essential character of the neighborhood or district in which
the lot is located; THIS WILL ALTER THE CHARACTER OF THE
NEIGHBORHOOD AND THE MAPLETON HILL HISTORIC DISTRICT BY
ALLOWING FOR A SIDE OF A HOME TO COME WITHIN 7 FEET OF THE
SIDEWALK VS THE REQUIRED 12.5 FEET.
(B) Would not substantially or permanently impair the reasonable use and
enjoyment
or development of adjacent property; THIS WILL IMPAIR THE REASONABLE
ENJOYMENT OF THE ADJACENT NEIGHBORS THAT HAVE TO VIEW IT
ON A DAILY BASIS ENCROACHING OUT TO THE SIDEWALK - IN
ADDITION, WHEN WALKING ON THE SIDEWALK HAVING THE HOME
WITHIN 7 FEET OF THE SIDEWALK WILL IMPAIR THE ENJOYMENT OF
WALKING WITHIN AN HISTORIC VISUALLY APPEALING
NEIGHBORHOOD.
NOTE THIS IS AN ENTIRELY NEW CONSTRUCTION - THE ENTIRE
HOUSE WAS DEMOLISHED AND THIS SHOULD NOT BE TREATED AS A
REMODEL TO AN EXISTING HOME IN THE HISTORIC DISTRICT.
(C) Would be the minimum variance that would afford relief and would be the least
modification of the applicable provisions of this title; and THIS IS NOT
APPLICABLE AS IT IS NOT MINIMAL AND WOULD AFFORD NO RELIEF
WHATSOEVER.
(D) Would not conflict with the provisions of Section 9-9-17, "Solar Access," N/A
B.R.C.1981.
Granting this variance will also set a indefensible precedence that will be
BOZA Disposition of Approval Page 22 of 26
referred to and used to enable without prejudice the granting of future
variance requests that do not meet the Requirements for All Variance
Approvals.
Respectfully,
Brad Drevno
On Tue, Jun 25, 2019 at 11:11 AM Wyler, Robbie <WylerR@bouldercolorado.gov> wrote:
Greetings Brad-
It sounds like you are interested in getting some information on the upcoming variance
request for 845 Pine as well as possibly providing a written correspondence for the board
prior to the meeting. As Brian Holmes stated, this request is for a side (east) yard setback
variance to allow the reconstruction of the house within the east setback along 9th Street.
The request is to construct a portion of the new house at around 7.2 feet where 12.5 feet is
required. The previous house – which was recently demolished – sat at around 6.7 feet from
the east property line per the survey. Attached to this email is the survey of the previous
house, an existing/proposed site plan as well as an existing/proposed elevation of the new
house for your consideration.
The final application packet has yet to be finalized. The full meeting packet – which will
include all of the applications as well as their associated narratives and exhibits – is expected
to be posted online for both the board and public by no later than next Friday, July 5th and
can be accessed via the BOZA website once that is completed. The public hearing is
scheduled for Thursday, July 11th 5pm at 1777 Broadway (Council Chambers).
If you wish to provide a written correspondence and for it to go out with the packet that is
posted online next week I would request it to be emailed to me by no later than next
Tuesday, July 2nd at Noon. I can then add it to the materials. Given the holiday week next
week, scheduling and posting of materials online will be a little off-schedule so we’d need
the materials sooner than usual. But you can still email a correspondence up through the
Tuesday prior to the meeting. We just can’t guarantee it will get reviewed by each board
member prior to the meeting if given to them just before the hearing.
I hope this helps!
Regards,
BOZA Disposition of Approval Page 23 of 26
Robbie
Robbie Wyler
Assistant Zoning Administrator
1739 Broadway, Third Floor, Boulder, Colorado 80302
Phone: 303-441-1880
Web: boulderplandevelop.net
Direct Phone: 303.441.3130
WylerR@bouldercolorado.gov
BOZA Disposition of Approval Page 24 of 26
From:Catherine Schweiger
To:BOZA
Subject:Docket No.: BOZ2019-10
Date:Sunday, July 7, 2019 4:16:26 PM
I am concerned with the precedent this would set for future requests for a variance after construction has
commenced. Having watched the progress of this project, I am not surprised that the east wall failed. If conditions
are as severe as indicated in the “after the fact” application, a competent architect/engineer should have determined
this during the design process.
This seems to be an end run around the rules governing setback.
Respectfully
Catherine Schweiger
owner, 942 Pine
BOZA Disposition of Approval Page 25 of 26
BOZA Disposition of Approval Page 26 of 26