2019-15_830 Grant Place_Disposition PacketN O T I C E
FINDINGS AND DECISION OF THE CITY OF BOULDER BOARD OF ZONING
ADJUSTMENT DISPOSITION OF ZONING CASE
DOCKET NUMBER BOZ2019-15
CONCERNING THE APPLICATION FOR A VARIANCE OF THE SETBACK & BUILDING SEPARATION
REQUIREMENTS OF SECTION 9-7-1, B.R.C. 1981 AT 830 GRANT PLACE OF BRET AND MICHIKO AKER,
WHOSE MAILING ADDRESS IS 830 GRANT PLACE, BOULDER, COLORADO 80302.
On September 12, 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 replace an existing deck at the rear of the house with a new deck to the side of the house, the
applicants are requesting a variance to the interior side (south) & rear (east) yard setbacks in order to meet the
minimum combined side & rear yard setback requirements for principal structures in the RL-1 zoning district. The
resulting side setback will be approximately 7.3 feet (from the new deck) where 15 feet is required and
approximately 16.8 feet exists today (from the existing deck). The resulting rear setback will be approximately 14.9
feet (from the new deck) where 25 feet is required and approximately 11.6 feet exists today (from the existing deck).
Additionally, the applicants are requesting a variance to the minimum building separation requirement. The
resulting building separation between the new deck and existing detached garage will approximately 3.3 feet where 6
feet is required, and no separation exists today (from the existing deck to the existing detached garage). 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 5-0.
EXECUTED this 12th day of September 2019, effective as of, September 12, 2019.
Jack Rudd, 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 22
BOZA Disposition of Approval Page 2 of 22
BOZA Disposition of Approval Page 3 of 22
BOZA Disposition of Approval Page 4 of 22
BOZA Disposition of Approval Page 5 of 22
1
August 6, 2019
Board of Zoning Adjustment
City of Boulder, Planning and Development Services
1739 Broadway, Boulder, CO 80304
Re: 830 Grant Place, Boulder, CO
Deck Ht., Separation Variance Request
Owners: Bret & Michiko Aker
V A R I A N C E R E Q U E S T
REQUEST:
That the Board grant a variance to allow construction of a new open Deck within the
side and rear yard setbacks, and that the Board allow a separation from the existing
Garage of 3'-4".
LOCATION
Deck Height
Per Section 9-7-3
No structure or building shall be constructed or maintained in the required setback except for:
(a) A balcony, patio or deck less than thirty inches in height.
The Proposed Deck Height is less than 30"above the new grade below the footprint of the Deck.
The Deck is 1'-8" and 2'-4" above the grade below. This suggests it may be permitted per Section
9-7-3.
However, the Deck Height is approximately 3'-7” to 3'-11" above the adjacent grade beyond the
east end of the Deck.
The Applicant can find no clarification if the 30" height specified in 9-7-3 refers to the deck height
relative to the grade immediately below the deck or to its height above an adjacent elevation
beyond the deck.
BOZA Disposition of Approval Page 6 of 22
2
We request the approval of the proposed Deck height at 6 1/2" below the 1st Floor and
3'-7" to 3'-11" above the adjacent grade on the following basis:
A.) The Deck is one step (6 1/2") down from the 1st Floor. The proposed Deck elevation provides
an Accessible passage from the 1st Floor of the Residence to an outdoor activity area.
If the Deck were any lower, requiring more than one step, an exterior landing and stairs down to
the Deck would be required. The landing and stairs would make the Residence/Deck passage less
Accessible, complicate the approach to the door, discourage outdoor use, and would take up
precious outdoor space.
B.) Mechanically, the proposed elevation makes it possible to create a clean lateral, flashed
connection where the Deck meets the Residence wall along a continuous concrete lintel that runs
horizontally across the coarse stone veneer at the 1st Floor line of the Residence.
If the Deck were any lower it would have to join the uneven surface of the stone veneer requiring
heroic efforts to install flashing cut into the stone.
C.) The majority (66%) of the open Deck perimeter is 1'-10" above the adjacent grade of the
Terrace. The Deck is 3'- 7" to 3'-11" above the adjacent grade along only 33% of its perimeter on
the east. The Deck height would be minimally out of compliance (1'-1" to 1'-6" higher than the 30"
max.) along only this east perimeter.
Separation
The Proposed Deck would be separated from the existing Garage by 3'-4".
Per Section 9-16-1 Definitions , "Building" includes "any structure built for the support of persons".
Thus the Deck can be interpreted to be a "building".
Per TABLE 7-1: FORM AND BULK STANDARDS requires a "Minimum separation between accessory
buildings and any other building" of 6'.
We request the approval of the 3'-4" separation on the following basis:
A.) The Deck is a unique "Building" It has no enclosing walls or canopy, and its not meant for the
storage of materials or a use that would pose a hazard to adjacent buildings. The Proposed Deck
would pose no greater hazard than an outdoor Terrace at ground level with 0' separation from the
Garage.
B.) Structurally, to avoid the excavation for multiple footings in soil with large buried boulders, and
to avoid bearing on the existing wall of the Residence, the Proposed Deck is framed with steel
beams supported by only three stone piers at corners and on a fourth bearing point on a new
foundation wall below the existing Bay. The proposed design avoids placing the new Deck loads on
the existing stone foundation wall.
The northeast pier is critical. It has been located approximately 3'-4" away from the existing
Basement walls to avoid affecting the existing foundation wall. Consequently it is separated 3'-4"
from the Garage.
C.) The existing deck to be demolished is attached to the Residence and Garage. The Proposed
Deck is more compliant because it is detached from the Garage.
BOZA Disposition of Approval Page 7 of 22
3
SCOPE OF WORK
In the south side yard:
Remove existing Basement well, stair, & door.
Remove existing 91 s.f. rear deck (elev.104'-5").
Raise the grade in the south side yard with new retaining walls to enhance drainage
(elev. 102'-3").
Construct new 145 s.f. Deck in the south side yard, located to allow passage around the
Garage (elev. 104'-1").
Other:
New door from the Kitchen to the new Deck. New window and skylight in the Kitchen.
Kitchen remodel.
ZONING, FORM & BULK
Zoning: RL-1
Lot Area: 6,065 s.f.
Built: 1926 + additions
Re Setbacks: The Residence had a complying Side setback of 15'-2" in 2006. However, in 2007 a
portion of the southwest corner of the lot was deeded to the adjacent southern property, 820
Grant Place, reducing the lot width along the front property line by 2'-7" and creating a non-
standard 12'-7" Side setback.
See Exhibits Pages 7 & 8 for the 2006 LSP and the revised 2007 LP.
Exist. Residence Setbacks: This building has a non-standard Side and Rear setback.
Exist. Side: 0' & 12'-7" (where 15' total req'd)
Rear: 12'-6" (where 25' req'd).
Front: 45'-0" (where 25' req'd)
Proposed Residence Setbacks:
As above.
Existing Bldg. Cover. w/in Rear setback: Res. 317 sf + Gar. 208 sf + Exist Deck (@4'6" abv. grade)
94 sf = 619 sf
Proposed Bldg. Coverage w/in Rear setback: Res. 317 sf + Gar. 208 sf = 525 sf 1
Existing Floor Area: 3,296 s.f. Proposed Floor Area: 3,194 s.f. Allowed: 3,319 s.f.
Existing Bldg. Coverage: 2,010 s.f. Proposed Bldg.Coverage: 1,898 1 Allowed: 2,297 s.f.
1 If the Board determines that the proposed Deck is a structure greater than 30" height then, in the calculations above,
91 s.f. must be added to the Proposed Building Coverage within the rear setback, and 145 s.f. must be
added to the overall Proposed Building Coverage.
NEED
Because there is no rear yard, the Owners are landscaping the side yard to create a more
attractive and usable outdoor space and to resolve two existing site problems: Drainage and
Circulation.
An important part of this landscape work is the construction of the Proposed Deck which is
Accessible from the Residence's 1st Floor with a minimum change in elevation. The new Deck is
BOZA Disposition of Approval Page 8 of 22
4
less than 30" above the new grade being created below it. The Deck is necessary to cover a
graveled drainage area.
Drainage
There is an existing site drainage problem where runoff from the site and from the adjacent uphill
lot collects and ponds along the low elevation of the south wall of the Residence. To resolve this
problem a Basement door well and stairs in this area are being removed and the grade elevation
along this section of wall is being raised approximately 1'-10" to create a raised Terrace, contained
by retaining walls, and sloping away from the house. The elevation of the Terrace is approximately
the existing grade elevation along the south property line. The raised Terrace will improve positive
drainage to the east and west of the Residence.
See Exhibits Page #6 for a Contour Plan of the area.
The Proposed Deck is 1'-10" above this Terrace.
The area below the Deck cannot be raised with compacted backfill and paved because it adjoins
and would bear against the existing stone foundation walls. Instead it is backfilled with gravel
contained by retaining walls, collecting water in piping at a high elevation along the existing stone
Basement wall and channeling it eastward to discharge at grade.
The gravel drainage bed must be covered by a deck to create usable outdoor space, as we are
proposing.
The Proposed Deck is 2'-4" above the top of the gravel bed.
Circulation
The existing Deck is located and connects between the Residence and the upper Garage wall. The
Existing Deck is 4'-5" above grade. Its design complicates circulation from the side yard to the rear
parking area, requiring that persons climb stairs up to the deck and then descend stairs down to
the driveway.
The existing Deck and stairs down to the driveway also block and complicate the maintenance of a
drainage channel from the south yard toward the Alley. This existing Deck would be removed and
replaced with the Proposed Deck.
The Proposed Deck is detached from the Garage and separated from it by 3'-4". This allows
circulation from the side yard to the rear parking area on the Alley, and providing a 3'-4" clear
pathway for site drainage.
QUALIFYING CRITERION
This request for a variance satisfies the qualifying criteria for variance consideration of BRC Section
9-2-3 (h) 1 and (h) 5. Sections (h)2 - (h)4 are not applicable.
BRC Section 9-2-3
(h) 1. Physical Conditions or Disability
(A) (i) There are 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.
There are unusual topographical circumstances on this property.
BOZA Disposition of Approval Page 9 of 22
5
The existing Residence was constructed on the rear of the lot. The home's location is directly
in the path of drainage from the uphill lot to the south. There is minimal positive drainage
along the south side of the residence which must conduct the neighbor's drainage as well as
the local runoff. The area of the existing Basement stairwell is subject to water ponding.
The Basement stairwell wall is setback of 13'-10". The Owner's will remove the Basement
stairwell and in its place install a new full-height Basement foundation wall below the existing
Bay window setback 15'-3" from the south property line .
(A)(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
The Owners, Bret & Michiko Aker, do not have a permanent physical disability. However, Bret
Aker will soon be undergoing a series of surgeries to correct a congenital bone defect in both
legs which will require an extended period of rehabilitation.
(B) The unusual circumstances or conditions do not exist throughout the
neighborhood or zoning district in which the property is located.
This Residence is unique because of it's drainage problems and it's location in the rear of the
lot. There is no rear yard.
Typically other homes in the neighborhood are located closer to the street with larger rear yard
areas where drainage from adjacent uphill lots can be conducted. This is not possible on the
subject property, instead water must be conducted around the Residence.
The Residence sits at a lower elevation than the adjacent property to the south and is directly
in the path of runoff from that property. The long south wall of the Residence presently has a
minimal slope which discourages conveyance around the Residence.
(C) Because of such physical circumstances or conditions the property cannot be
reasonably developed in conformity with the provisions of this chapter.
The Proposed Deck is the most reasonable solution for the unique circumstances on this lot.
The Deck is necessary to cover a gravel drainage bed. It's proposed position optimizes
accessibility, structural integrity, flashing connections, and efficient use of outdoor space.
(D) Such unnecessary hardship has not been created by the applicant.
These challenging drainage conditions and the Rear and Side setback encroachments were
created by the previous owners and inherited by the present Owners when they purchased the
property in 2018.
(h) 2. Energy Conservation Not Applicable
(h) 3. Solar Access Not Applicable
(h) 4. Designated Historic Property Not Applicable
BOZA Disposition of Approval Page 10 of 22
6
(h) 5. Requirements for All Variance Approvals:
(A) Would not alter the essential character of the neighborhood or district in which
the lot is located;
The Proposed Deck will not alter the neighborhood character. It is a low profile element in the
rear of the lot that will not visibly affect the character of the neighborhood.
(B) Would not substantially or permanently impair the reasonable use and
enjoyment or development of adjacent property;
The Proposed Deck will not impact the use or development potential of the neighboring
property to the south. The use along the north property line of southern neighbor is a Garage
and driveway that have been built recently. The Owners of the adjacent southern property,
from which the Deck will be visible, have reviewed and approve of the proposed Deck.
(C) Would be the minimum variance that would afford relief and would be the least
modification of the applicable provisions of this title;
The proposed Deck height is 1'-10" to 2'-4" above the grade immediately below it's footprint
and 3'-7" to 3'11" higher than the adjacent grade.
It is compliant relative to the grade below it. The Deck may require a variance due to the
adjacent grade, allowing a 1'-1" - 1'-5" variance in the Deck 30" height for a deck within a
setback.
The northeast deck pier is located 3'-4" from the existing Basement stone wall which is the
minimum to avoid affecting the existing wall's structural integrity.
(D) Would not conflict with the provisions of section 9-9-7, "Solar Access," B.R.C.
1981.
The proposed Deck will have no impact on the Solar Access of neighboring properties.
Please refer to the attached Exhibits for illustrations of the Proposed Deck.
Thank you for your consideration of our proposal. We hope you will view it favorably. Please
contact me for questions.
Yours Truly,
Steve Montgomery
Architect
303-443-4414
BOZA Disposition of Approval Page 11 of 22
7
EXHIBITS:
Page 1 SITE PLAN
Page 2 EXISTING 1st FLOOR & DEMOLITION
Page 3 NEW 1st FLOOR
Page 4 SOUTH ELEVATION
Page 5 DECK SECTIONS
Page 6 PHOTOS
CONTOUR PLAN
Page 7 2007 LSP after portion of lot dedication to 820 Grant Place.
Page 8 2006 LSP prior to portion of lot dedication to 820 Grant Place.
BOZA Disposition of Approval Page 12 of 22
8 3 0 G R A N T P L A C E
D E C K V A R I A N C E R E Q U E S T
S I T E P L A N - E X I S T.
From LSP, 1"=10'
CHAUTAUQUA HEIGHTS ADDITION
LEE STAEDEL SURVEYOR, 8/29/07
1
1 N1
AERIAL VIEW PROPOSED DECK
AREA OF NEW
DECK SHOWN
ON PAGE 2 & 3
PLANS
2.58'
BOZA Disposition of Approval Page 13 of 22
8 3 0 G R A N T P L A C E
D E C K V A R I A N C E R E Q U E S T
P L A N - E X I S T. 1st F L O O R
1/4"
1
2 N2
104'-1/2"
104'-5"
104'-7"
100'-0" DATUM
T.O. E XIST. CONC.
DRIVEWAY
REMOVE EXIST. ROOF,
WALL, FOUNDATION,
& STAIRS
PROPOSED DECK
REMOVE EXIST. DECK
BOZA Disposition of Approval Page 14 of 22
8 3 0 G R A N T P L A C E
D E C K V A R I A N C E R E Q U E S T
100'-0" DATUM
T.O. E XIST. CONC.
DRIVEWAY
102'-0"102'-1"
102'-3"
102'-1"
104'-7"
102'-0"
104'-1"A 5 B
5
100'-6"
100'-2"
P L A N - P R O P O S E D 1 st F L O O R
1/4"
1
3
3
102'-7"
102'-2"
100'-0"
PROPOSED DECK
N
BOZA Disposition of Approval Page 15 of 22
8 3 0 G R A N T P L A C E
D E C K V A R I A N C E R E Q U E S T
S O U T H E L E V A T I O N
1/4"
1
4
B
5
4
B
5
PROPOSED DECK
NEW FOUNDATION WALL BELOW
EXISTING BAY
NEW GRADE ELEVATION
NEW DOOR
GRADE BEYOND
GAR
1 ST
BSMT
EXIST BAY
ZINC TILED MAST FOR
PLANT BASKETS
ON STONE PIER
@ (3) LOCAT.
BOZA Disposition of Approval Page 16 of 22
8 3 0 G R A N T P L A C E
D E C K V A R I A N C E R E Q U E S T
S E C T I O N
D E C K @ E X I S T. W A L L 1/4"
B
5
D E T A I L
D E C K F R A M I N G, 3/4"
G U A R D R A I L
A
5
A
5
5
B
5
ADJACENT GRADE
@ WALK BEYOND
PROPOSED DECK
STONE PIER
CONTINUOUS CONC.
LINTEL
GRAVEL BACKFILL
BOZA Disposition of Approval Page 17 of 22
8 3 0 G R A N T P L A C E
D E C K V A R I A N C E R E Q U E S T
C O N T O U R P L A N
EXISTING VIEW AREA OF PROPOSED DECK AREA
EXISTING VIEW OF SOUTH YARD LOOKING EAST
N
EXIST. & ENHANCED
DRAINAGE PATTERN
AROUND HOUSE
6BOZA Disposition of Approval Page 18 of 22
8 3 0 G R A N T P L A C E
D E C K V A R I A N C E R E Q U E S T
L S P 2 0 0 7
7BOZA Disposition of Approval Page 19 of 22
8 3 0 G R A N T P L A C E
D E C K V A R I A N C E R E Q U E S T
L S P 2 0 0 6
8BOZA Disposition of Approval Page 20 of 22
From:Steve
To:Spence, Cindy
Subject:830 Grant Place Variance Request BOZ2019-00015
Date:Tuesday, September 3, 2019 4:40:43 PM
Attachments:Duffield letter to BOZA.pdf
Cindy,This is a letter of support from the neighbor to the south of the subject property. Robbie'semail from last week said I should send this to you.
Please attach this to our application materials.
Thanks a Lot,Steve MontgomeryArchitect/Applicant303-443-4414
BOZA Disposition of Approval Page 21 of 22
September 2,2019
Dear BOZA,
ln reference to BOZ 2019-00015, the variance request for Bret & Michiko Aker's deck, we would
like to state that we have no objections. lndeed, we hope you'll approve their requeist because
the deck and the landscaping they are planning will be an improvement to their home and to our
neighborhood.
Thanks,
errD./^
Erik & Kelly Duffield
820 Grant Place
Boulder, CO 80302
BOZA Disposition of Approval Page 22 of 22