09.12.2019 BOZA Summary Minutes_signed CITY OF BOULDER
BOARD OF ZONING ADJUSTMENT
ACTION MINUTES
September 12, 2019,5 p.m.
1777 Broadway, Council Chambers
Board Members Present: Jack Rudd(Chair), Cherie Goff, Jill Lester, David
Schafer, Michael Hirsch
Board Members Absent: None
City Attorney Representing Board: Erin Poe
Staff Members Present: Robbie Wyler, Cindy Spence
1. CALL TO ORDER:
J. Rudd called the meeting to order at 5:03 p.m.
2. BOARD HEARINGS:
A. Docket No.: BOZ2019-15
Address: 830 Grant Place
Applicant: Bret& Michiko Aker
Setback Variance & Building Separation 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.
Staff Presentation:
R. Wyler presented the item to the board.
Board Questions:
R. Wyler answered questions from the board.
Applicant's Presentation:
Steve Montgomery,the architect with Montgomery Partnership, presented the item to the
board.
Board Questions:
Steve Montgomery, representing the applicant, answered questions from the board.
Public Hearing:
No one from the public addressed the board.
Board Discussion:
• D. Schafer stated that the criteria for approval have been met and that the proposal would
not affect the essential character of the neighborhood, nor will it affect the use and
enjoyment of the neighboring property. He would approve including the masts.
• M. Hirsch regarding the masts, escaping into infinity is what a minimal variance would
allow. He said the doodads become clutter. The masts could become an unsightly visual
element into the future. Conceptually, he is in support of them. All other criteria have
been met and should be approved.
• C. Goff said that overall she approved of the project.
• J. Lester said that alternative materials could have made the structure more minimal.
• J. Rudd said, regarding the criteria based on unusual and physical circumstances, that the
proposal would not be unusual for this neighborhood. He found the proposed masts a
decorative item. He would be in support.
• M. Hirsch questioned if an approval could be done with condition without the masts.
• D. Schafer stated that the proposed masts are inconsequential.
• J. Lester said she would have liked to have seen the masts proposed as more modest,
however she could still approve the project as submitted.
Motion:
On a motion by D. Schafer, seconded by M. Hirsch, the Board of Zoning Adjustment
approved 5-0 the application(Docket BOZ2019-15) as submitted.
B. Docket No.: BOZ2019-16
Address: 2229 Mariposa Avenue
Applicant: Katrina Mitchell
Setback Variance: As part of a proposal to modify an existing non-standard accessory
building with the intent of converting it into a 1.5-story accessory dwelling unit (ADU), the
applicant is requesting a variance to the side(east) yard setback in order to meet the
minimum interior side setback requirement for accessory structures in the RL-1 zoning
district. The resulting side setback will be approximately 1.2 feet(at the closest point) where
3 feet is required and approximately 1.2 feet exists today. No expansion of the existing
footprint to the building is proposed as a part of the conversion to an ADU. 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:
Jerry Signom, the architect with Sawhorse-6 Designs, presented the item to the board.
Board Questions:
Jerry Signom, representing the applicant, answered questions from the board.
Public Hearing:
No one from the public addressed the board.
Board Discussion:
• J. Lester said she had no issue with the project as presented.
• M. Hirsch said the purpose would be to maintain the building, therefore he had no
problem supporting the project.
• J. Rudd said that by refurbishing building he appreciated the concept of the project and
he would be in support.
Motion:
On a motion by J. Lester, seconded by C. Goff, the Board of Zoning Adjustment approved
5-0 the application(Docket BOZ2019-16) as submitted.
C. Docket No.: BOZ2019-18
Address: 1064 Gapter Road
Applicant: Ray& Eithne David
Setback Variance: As part of a proposal to construct a new 2-car detached garage, the
applicants are requesting a variance to the side(south) yard setback in order to meet the
minimum interior side setback requirements for accessory structures in the RR-2 zoning
district. The resulting side setback will be approximately 3 feet where 10 feet is required,
and no garage exists today. 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:
Amber Stewart, the architect with 79 Design, presented the item to the board.
Board Questions:
Amber Stewart, representing the applicant, answered questions from the board.
Public Hearing:
No one from the public addressed the board.
Board Discussion:
• M. Hirsch said that he would have no issue with the proposed width of the garage or the
extra bulk in the rear. He would like to see a north access explored.
• C. Goff said that she would have preferred to see other options presented. She would like
to have seen a proposal with the garage not as deep,pushing up north and the tree
remaining.
• J. Lester agreed. The board needs to provide the minimum variance and she said that
with the option presented she has trouble seeing that this would be the only option.
• D. Schafer agreed. He said that there may be other options available to offer minimum
relief.
• J. Rudd said that while he is in support of saving trees as well, there may be other ways
to do this to do this project that could offer a minimal variance than what was presented.
• The board offered a continuance.
Motion:
On a motion by D. Schafer, seconded by J. Lester, the Board of Zoning Adjustment to
continue up to three months 5-0 the application(Docket BOZ2019-18) as submitted.
D. Docket No.: BOZ2019-19
Address: 734 Maxwell Avenue
Applicant: Mathew Johnke
Setback Variance: As part of a proposal to modify an existing non-standard accessory
building with the intent of converting it into a single-story accessory dwelling unit
(ADU), 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 conversion to an ADU. 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:
Simon Bialobroda, the architect with JKA Design, LLC,presented the item to the board.
Board Questions:
Simon Bialobroda, representing the applicant, answered questions from the board.
Public Hearing:
No one from the public addressed the board.
Board Discussion:
• C. Goff said the project is straightforward,minimum changes and no negative impact to
the neighborhood.
• M. Hirsch agreed.
Motion:
On a motion by J. Lester, seconded by M. Hirsch, the Board of Zoning Adjustment
approved 5-0 the application(Docket BOZ2019-19) as submitted.
E. Docket No.: BOZ2019-17
Address: 245 Brook Place
Applicant: Drew Robertson & The Bold Six Development LLC
Setback 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.
D. Schafer recused himself
Staff Presentation:
R.Wyler presented the item to the board.
Board Questions:
R.Wyler answered questions from the board.
Applicant's Presentation:
Mike Piche, the architect with Studio B Architecture and Interiors, presented the item to the
board.
Board Questions:
Mike Piche, representing the applicant, answered questions from the board.
Public Hearing:
No one from the public addressed the board.
Board Discussion:
• M. Hirsch said the request was modest and appropriate improvement. He would be in
favor including the front porch.
• C. Goff agreed.
• J.Rudd agreed that the request would be minimal. The applicant attempted to respect the
setbacks and there was good intent within the project.
Motion:
On a motion by M. Hirsch, seconded by C. Goff, the Board of Zoning Adjustment approved
4-0 (D. Schafer recused) the application(Docket BOZ2019-17) as submitted.
3. GENERAL DISCUSSION:
A. Approval of Minutes
On a motion by J. Lester, seconded by M. Hirsch, the Board of Zoning Adjustments
voted 4-0 (D. Schafer absent)to approve the July 11, 2019 minutes.
B. Matters from the Board
• J. Rudd informed the board that he would be absent for the October BOZA meeting.
• J. Lester said that she may be absent for the October BOZA meeting.
C. Matters from the City Attorney
• E. Poe reminded board members to send edits to the rules to her. She said that when
BOZA has a light agenda at an upcoming meeting, the editing of the rules would be
placed on the agenda for discussion.
D. Matters from Planning and Development Services
• R. Wyler informed the board there may be one item moving forward next month.
4. ADJOURNMENT:
There being no further business to come before the board at this time, BY MOTION
REGULARLY ADOPTED, THE MEETING WAS ADJOURNED AT 6:55 P.M
APPR E Y
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