2019-17_245 Brook Place_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 BOZ2019-17
CONCERNING THE APPLICATION FOR A VARIANCE OF THE SETBACK REQUIREMENTS OF SECTION
9-7-1, B.R.C. 1981 AT 245 BROOK PLACE OF DREW ROBERTSON AND THE BOLD SIX DEVELOPMENT
LLC, WHOSE MAILING ADDRESS IS 3004 6TH STREET, BOULDER, COLORADO 80304.
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 renovate and modify an existing non-standard house - including raising the roof along a
portion of the rear face and constructing a new front porch – the applicant is requesting a variance to both the rear
(west) yard setback as well as the front (east) porch encroachment allowance for non-standard single-family houses
in the RL-1 zoning district. The resulting rear setback will be approximately 23.6 feet where 25 feet is required and
approximately 23.6 feet exists today. The resulting front porch encroachment/projection will be approximately 7.5
feet (taken from the face of the house) where 6 feet is the maximum allowed projection and only a covered landing
exists today. Sections of the Land Use Code to be modified: Sections 9-7-1 & 9-7-4, 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 recused).
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
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:
245 BROOK PL, BOULDER, CO 80302
5 5 GREENBRIAR
0.21 ACRES
RESIDENTIAL
This application is being made to request variances for a Front Porch Setback and a Rear Setback located 245 Brook
Place in Boulder.We are requesting a variance to allow a 7’-5” wide front porch where only a 6’ wide porch is allowed
due to Front Porch encroachment. In addition, we are requesting a variance to allow a rear setback of 23’-7 ½”
where the required setback is 25’ for RL-1 zoning. Within this setback (East), the proposed design calls for
increasing wall height.
2585 SQFT
2885 SQFT
14'-6"14'-6"
NOT ADDING SQ FOOTAGE
DREW ROBERTSON/ The Bold Six Development LLC
CO 80304
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)
X
X
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(1), B.R.C. 1981 FOR VARIANCE EXPIRATION INFORMATION
Applicant Signature _M_I_K_E_P_IC_H_E _____________ Date 811312019
Owner (if other than Applicant) Signature,,""� === Date 8113J2019
3
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.
MIKE PICHE 8/13/2019
STUDIO B ARCHITECTURE + INTERIORS
501 RIO GRANDE PLACE, SUITE 104 ASPEN, CO 81611 / 3550 FRONTIER AVE, SUITE 2‐A, BOULDER, CO 80304
ASPEN 970.920.9428 BOULDER 720.230.7292
WWW.STUDIOBARCHITECTS.NET
BOZA NARRATIVE 8.14.19
Project: 245 BROOK PLACE
Contractor Contact: MIKE KELLOGG, MK CONSTRUCTION | 303-803-8225 | MIKE@MKCONSTRUCTION.PRO
Architect Contact: MIKE PICHE, STUDIO B ARCHITECTURE + INTERIORS | 720.230.7292
MIKE.PICHE@STUDIOBARCHITECTS.COM
Planning and Development Services
City of Boulder
P.O Box 791
Boulder, CO 89396
RE: BOZA Variance application
245 Brook Place, Boulder, CO 80302
Drew Robertson, Owner
To whom it may concern,
This application is being made to request variances for a Front Porch Setback and a Rear Setback located at 245
Brook Place in Boulder.
1. Front Porch Setback:
We are requesting a variance to allow a 7’ -5” wide front porch where only a 6’ wide porch is allowed due to
Front Porch encroachment.
2. Rear Setback:
We are requesting a variance to allow a rear setback of 23’-7 ½” where the required setback is 25’ for RL-1
zoning. Within this setback (West), the proposed design calls for increasing wall height.
The house was constructed in 1950 and it has not been modified since its original construction. Zoning has changed
since it was built making the current house non-confirming with current setbacks standards. The owner of the
property purchased it with the existing nonconformities already in place and was not responsible for the non-
conformity. The overall height of the structure will not increase, and it will remain a single-story residence. No
additional square footage is being proposed. Moreover, the design is consistent with the character of the
neighborhood and will not have any negative effects on the neighbors or impede solar access.
Our request for a variance is based-on criteria paragraphs (1)(D) and (5)(A, B, C & D):
CRITERIA RESPONSE
(1) Physical Conditions
Current owner purchased house in 2019 and has not created
any of the existing non-conformities.
(D) Any unnecessary hardship has not
been created by the applicant.
(5) Requirement for all Variance
Approvals.
The modifications would not increase the height of the
existing structure or change the original character of the
building. The existing brick will remain along with all the
primary roof lines. No additional square footage is being
added. The improved front porch will add more character to
(A)Would not alter the essential
character of the neighborhood or
district in which the lot is located;
STUDIO B ARCHITECTURE + INTERIORS
501 RIO GRANDE PLACE, SUITE 104 ASPEN, CO 81611 / 3550 FRONTIER AVE, SUITE 2‐A, BOULDER, CO 80304
ASPEN 970.920.9428 BOULDER 720.230.7292
WWW.STUDIOBARCHITECTS.NET
the existing neighborhood. The house will remain a single-
story residence.
(B) Would not substantially or
permanently impair the reasonable use
and enjoyment or development of
adjacent property;
The modifications would not increase the height of the
existing structure, impact views or impair solar access.
(C)Would be the minimum variance that
afford relief and would be the least
modification of the applicable
provisions of this tittle.
The proposed roof is a minimal solution offering increased
daylight to the owner for interior spaces. The modifications
would not increase the height of the existing structure, impact
views or impair solar access. No additional square footage is
being added.
Rear Yard Setback:
The rear yard setback variance is requested for a new roof
over the living room and kitchen on the existing structure as
the structure being modified does not meet the required
setbacks for RL-1 zoning district.
The proposed design calls for an increase in height of the
West wall in the Living Room in order to open the space
towards the back yard and views of the Flatirons. Popping up
the roof on the West side will also allow for integration of new
clerestory/ windows. Therefore, more natural light will come
into the space, transforming the current dark living room into a
bright and vibrant gathering area. The new wall height will
continue into the Master Bedroom to allow for a new window
system to be installed so the master bedroom also receives
more natural light.
Porch Setback (Front):
The new design proposes a 7’-5” wide Entry porch which
would offer enough square footage to create comfortable
circulation, occupiable space as well as a reasonably sized
point of arrival. A bigger porch in this house will encourage
social interaction and preserve the ambiance of the
neighborhood by reclaiming the front porch – an important
design feature of midcentury residential architecture.
A portion of this width (7’-5”) is being taken by a couple steps
up towards the Entry door. Less than 7’- 5” of width for this
front porch will not be reasonable for the new owner.
In addition, variance in porch standards is being asked
because of an existing wall encroaching 14 inches into the
required 25’ front setback.
(D) Would not conflict with the
provisions of Section 9-9-17, "Solar
Access," B.R.C.1981.
The modifications would not increase the height of the
existing structure, impact views or impair solar access.
We really appreciate your understanding and taking the time to consider our variance request.
Sincerely,
Mike Piche