Loading...
07.11.2019 BOZA Summary Minutes_signed CITY OF BOULDER BOARD OF ZONING ADJUSTMENT ACTION MINUTES July 11, 2019, 5 p.m. 1777 Broadway, Council Chambers Board Members Present: Michael Hirsch (Chair), Jill Lester, Jack Rudd, Cherie Goff Board Members Absent: David Schafer City Attorney Representing Board: Erin Poe Staff Members Present: Robbie Wyler, Cindy Spence 1. CALL TO ORDER: M. Hirsch called the meeting to order at 5:00 p.m. 2. BOARD HEARINGS: A. Docket No.: BOZ2019-10 Address: 845 Pine Street Applicant: Hae Hyong Park Setback 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 9`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. Staff Presentation: R. Wyler presented the item to the board. Board Questions: R. Wyler answered questions from the board. Applicant's Presentation: Jae Park, representing the applicant, presented the item to the board. Board Questions: Jae Park, representing the applicant, answered questions from the board. Public Hearing: David Biek, with Arcadia Architecture the current architect for the project, spoke in support of the project. Board Discussion: • M. Hirsch disclosed he had officed with the new architect in the past, but that would not inhibit his ability to remain impartial. • J. Lester said that the fact the original foundation remains is key and the owner desired to retain that portion of the house which fell. The contractor should have understood the importance of retaining that portion of the house and used supports. The complaining neighbors have large lots and may not understand building on a narrow site and they are not proximate to this site. The contractor did not understand the scope of the work and there was a communication error. She said since the original foundation remains, then there would be enough of an historic element therefore she would be in support. • C. Goff said this is a large site and there will be a lot of the original foundation left. She said it appears the applicant is attempting to preserve some of the character by keeping the foundation. She said there does seem to be a hardship on the amount of investment and time. • J. Rudd said the intent was to maintain the historic wall and part of the existing structure. Unfortunately, a series of events that were unexpected occurred. He agreed to support the variance because there was no ill intent and it was only due to unfortunate events. • M. Hirsch stated that there had been and application submitted to Landmarks, a decision was made, and this board should respect it. BOZA is not an enforcement board, therefore BOZA should review this as if nothing prior had occurred and the applicant was applying for a variance. The board should review this request based on if this variance be allowed by right. He said that it is difficult to understand how this structure could not have been preserved. • E. Poe, with the City Attorney's Office, clarified that any decision by BOZA would not vary any decision by the Landmarks Board. BOZA would simply be granting a variance. • J. Rudd agreed if this variance were presented as a new project, then it would have been a yes or no decision. However, this situation has more involved. • J. Lester agreed with J. Rudd. She stated that this could not be reviewed as a new build because it is not a use by right. The location of the home would be impacted by a historic review. • E. Poe • J. Rudd said that the tearing down of that wall, which was a mistake, changed this project. • M. Hirsh added that he believed the applicant's comments and that there was no malice. Motion: On a motion by J.Rudd, seconded by J. Lester, the Board of Zoning Adjustment approved 3-1 (M. Hirsch opposed; D. Schafer absent) the application (Docket BOZ2019-10) as submitted. B. Docket No.: BOZ2019-11 Address: 1884 Folsom Street Applicant: Valero Diamond Metro Inc. Sign Setback Variance: As part of a proposal to reface an existing freestanding monument sign, the applicant is requesting a variance to both the front(north)yard setback facing Walnut Street and the side(west)setback facing Folsom Street in order to meet the minimum setback requirements for such signs in the BR-1 zoning district. The resulting north setback will be approximately 19.08 feet where 25 feet is required and 19.08 feet exists today. The resulting west setback will be approximately 10.08 feet where 25 feet is required and 10.08 feet exists today. Section of the Land Use Code to be modified: Section 9-9-21,BRC 1981. Staff Presentation: R.Wyler presented the item to the board. Board Questions: R.Wyler answered questions from the board. Applicant's Presentation: Lisa Croston, the applicant, presented the item to the board. Board Questions: Lista Croston, the applicant, answered questions from the board. Public Hearing: No one from the public addressed the board. Board Discussion: • The board did not have any discussion. Motion: On a motion by J. Lester, seconded by J. Rudd, the Board of Zoning Adjustment approved 4-0 (D. Schafer absent)the application(Docket BOZ2019-11) as submitted. C. Docket No.: BOZ2019-12 Address: 946 Gilbert Street Applicant: Mary Jane Reilly Setback 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. Staff Presentation: R. Wyler presented the item to the board. Board Questions: R. Wyler answered questions from the board. Applicant's Presentation: Mary Jane Reilly, the applicant, presented the item to the board. Board Questions: Mary Jane Reilly, the applicant, answered questions from the board. Public Hearing: No one from the public addressed the board. Board Discussion: • M. Hirsch stated that this had been an historical structure built before the existing zoning laws. • J. Rudd said the request would not alter the characteristic of the neighborhood or impair reasonable enjoyment. The variance would give minimal relief therefore it will meet all the criteria. Motion: On a motion by J. Rudd seconded by C. Goff, the Board of Zoning Adjustment approved 4- 0 (D. Schafer absent) the application (Docket BOZ2019-12) as submitted. 3. GENERAL DISCUSSION: A. Approval of Minutes On a motion by J. Lester, seconded by J. Rudd, the Board of Zoning Adjustments voted 4-0 (D. Schafer absent) to approve the June 13, 2019 minutes. B. Matters from the Board There were no matters from the board. C. Matters from the City Attorney There were no matters from the City Attorney. D. Matters from Planning and Development Services i. Discussion of August 2019 Retreat Topics • R. Wyler asked board members to send him tentative dates they would be available. • The board members were asked to submit topic ideas for discussion. ii. Appointments of Chair and Vice Chair for Upcoming Year • J. Rudd was nominated by C. Goff, seconded by J. Lester, as Chair. Voted 4-0 (D. Schafer absent) • C. Goff was nominated by J. Lester, seconded by J. Rudd as Vice Chair. Voted 4-0 (D. Schafer absent) 4. ADJOURNMENT: There being no further business to come before the board at this time, BY MOTION REGULARLY ADOPTED, THE MEETING WAS ADJOURNED AT 6:42 P.M APPR VE BY ,L Za Chair E . , 'Y