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2019-12_946 Gilbert 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 BOZ2019-12 CONCERNING THE APPLICATION FOR A VARIANCE OF THE SETBACK REQUIREMENTS OF SECTION 9- 7-1, B.R.C. 1981 AT 946 GILBERT STREET OF MARY JANE REILLY, WHOSE MAILING ADDRESS IS 946 GILBERT STREET, BOULDER, COLORADO 80302. 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 modify an existing accessory building with the intent of converting a portion of it into an accessory dwelling unit (ADU), the applicant is requesting a variance to the side (south) yard setback in order to meet the minimum interior side setback requirements for accessory structures in the RE zoning district. The resulting south setback will be approximately 6.5 feet where 10 feet is required and 6.5 feet exists today. No expansion of the structure’s footprint or overall bulk is proposed as a part of this request. Section of the Land Use Code to be modified: Sections 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 4-0 (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 11 BOZA Disposition of Approval Page 2 of 11 BOZA Disposition of Approval Page 3 of 11 BOZA Disposition of Approval Page 4 of 11 BOZA Disposition of Approval Page 5 of 11 BOZA Disposition of Approval Page 6 of 11 BOZA Disposition of Approval Page 7 of 11 BOZA Disposition of Approval Page 8 of 11 BOZA Disposition of Approval Page 9 of 11 BOZA Disposition of Approval Page 10 of 11 BOZA Disposition of Approval Page 11 of 11