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2019-19_734 Maxwell 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 BOZ2019-19 CONCERNING THE APPLICATION FOR A VARIANCE OF THE SETBACK REQUIREMENTS OF SECTION 9-7-1, B.R.C. 1981 AT 734 MAXWELL AVENUE OF MATHEW JOHNKE, WHOSE MAILING ADDRESS IS 734 MAXWELL AVENUE, 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 an existing non-standard accessory building with the intent of maintaining the studio use within, the applicant is requesting a variance to the side (east) yard setback and rear (south) yard setback in order to meet the minimum interior side and rear yard setback requirements for accessory structures in the RL-1 zoning district. The resulting side setback will be approximately 1.9 feet where 3 feet is required and approximately 2 feet exists today. The resulting rear setback will be approximately 1.17 feet where 3 feet is required and approximately 1.21 feet exists today. No expansion of the existing floor area to the building is proposed as a part of the renovation. 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 13 BOZA Disposition of Approval Page 2 of 13 BOZA Disposition of Approval Page 3 of 13 BOZA Disposition of Approval Page 4 of 13 BOZA Disposition of Approval Page 5 of 13 BOZA Disposition of Approval Page 6 of 13 Written Narrative BOZA Variance Application For: An existing detached studio located in the southeast corner of 734 Maxwell Ave Boulder, CO. September 11, 2019 Dear Board of Zoning Adjustment, We are submitting this application for a setback variance because the existing building in the Mapleton Hill Historic District (a detached one story framed structure in the southeast corner of the property, currently used as a studio) does not meet established and recognized setback requirements. The existing studio building does not meet the 3'-0" setbacks at the East and South property lines. A setback variance is requested to allow the detached studio to be an accessory structure. We would prefer not to have to move the building 1'-10" to the North and 1.0 ft. to the West. It is understood that being granted the variance also means removing the existing shower, as Zoning allows no greater than a ½ bathroom per accessory structure allowances.  The space would pretty much remain the studio use that it is today. We are also aware that a maintenance easement agreement with the adjacent neighbors will be required. Here is the criteria for the variance: CRITERIA FOR VARIANCE •Physical Conditions (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. Moving the structure would cause financial hardship and undue disturbance to neighbors as well as disturbance to the mature landscaping and existing hardscape. The lot is non-standard in size making it a narrow and small lot which, if the structure had to be moved, would encroach into the open space in rear and side yards.
 (B)  The unusual circumstances or conditions do not exist throughout the neighborhood or zoning district in which the property is located. The physical properties of this lot are unique.
 (C)  Because of the existing setback conditions the detached studio are not in conformity with the provisions of this chapter for an accessory structure that allows no greater than a 1/2 bath, a setback variance is being requested. In addition, getting the variance would allow the owner to renovate, install insulation, update siding and make the bathroom modifications, etc. (D)  Any unnecessary hardship has not been created by the applicant. The applicant is not responsible for, nor has caused anything that would be considered an unnecessary hardship. •Requirements for All Variance Approvals (A)  This setback variance request would not alter the essential character of the neighborhood or district in which the lot is located. 
 BOZA Disposition of Approval Page 7 of 13 (B)  This setback variance request would not substantially or permanently impair the reasonable use and enjoyment or development of adjacent property. 
 (C)  This setback variance request would be the minimum variance that would afford relief and would be the least modification of the applicable provisions of this title. 
 (D)  This setback variance does not conflict with the provisions of Section 9-9-17, "Solar Access," B.R.C. 1981. There is no building height or footprint change. Respectfully submitted, Jeff Abrams (representative) for Matt Johnke (Owner) 
 
 BOZA Disposition of Approval Page 8 of 13 North west corner of Studio (close up) West wall and west roof of Studio from south west courtyard North west corner Studio (from West property line) BOZA Disposition of Approval Page 9 of 13 View of Studio (north wall) from the northerly end of East side yard View of Studio (north wall) from the middle of the East side yard Another view of Studio's north west corner BOZA Disposition of Approval Page 10 of 13 East Wall Studio (looking South)East Wall Studio and solid fence East Wall Studio and solid fence (looking North) NorthSouth) South Wall Studio South Wall Studio (looking towards East) BOZA Disposition of Approval Page 11 of 13 BOZA Disposition of Approval Page 12 of 13 BOZA Disposition of Approval Page 13 of 13