Item 4A River and Woods LUR2020-00041 2328 Pearl Street
CITY OF BOULDER
PLANNING BOARD AGENDA ITEM
MEETING DATE: November 5, 2020
AGENDA TITLE:
Public hearing and consideration of a request to determine if the restaurant use “River and
Woods”, located at 2328 Pearl St., is in compliance with the development agreement
executed for Nonconforming Use Review #LUR2015-00087. This request is considered
pursuant to Section 9-2-11, “Compliance With Development Agreement,” B.R.C. 1981. Case
no. LUR2020-00041.
Hearing Requested By: Gregory Adam Kass
Applicant: Joshua Dinar
Property Owner: Mattimus LLC
REQUESTING DEPARTMENT / PRESENTERS
Planning & Development Services
Mary Ann Weideman, Interim Director
Charles Ferro, Development Review Manager
Shabnam Bista, Associate Planner
OBJECTIVE
1. Planning Board hears requester and staff presentations.
2. Public hearing.
3. Planning Board determination on whether the conditions of the agreement have been
met.
Agenda Item 4A Page 1 of 52
SUMMARY
Project Name: River & Woods Restaurant
Location: 2328 Pearl Street
Approved Use: Restaurants, brewpubs, and taverns over 1,000 square feet in floor area,
or which close after 11 p.m., or with an outdoor seating area of 300
square feet or more.
Size of Tract: 7,080 square feet (0.16-acres)
Zoning: Mixed-Use 3 (MU-3)
Comprehensive Plan: High Density Residential (HR)
KEY ISSUE
Staff has identified the following key issue to help guide the board’s discussion:
1. Are the River and Woods restaurant’s operating characteristics in compliance with the
development agreement, in particular the conditions of approval from the Nonconforming Use
Review (LUR2015-00087)?
EXECUTIVE SUMMARY
Gregory Adam Kass and Matt Hayden, neighbors to the River and Woods restaurant, have alleged that
the operation of the restaurant use has failed to comply with the development agreement executed in
2016. Refer to Attachment A for the recorded development agreement and Attachment C for email
correspondence from the aggrieved neighbors. The purpose of this item is for Planning Board to hold a
quasi-judicial hearing pursuant to Chapter 1-3, “Quasi-Judicial Hearings,” B.R.C. 1981, and consider
whether the conditions of the development agreement for the River and Woods restaurant use have
been complied with. If the Planning Board finds that the conditions have not been complied with, the
board may:
(1) Revoke the use review approval;
(2) Impose additional conditions or modifications to carry out the purposes of the original
approval; and
(3) Seek enforcement remedies as provided in Chapter 9-15, “Enforcement,” B.R.C. 1981.
STAFF RECOMMENDATION
Staff finds that the River and Woods restaurant’s operating characteristics are not in compliance with
the development agreement and approved management plan from the Nonconforming Use Review
#LUR2015-00087, as modified by Minor Modification #ADR2020-00161. Therefore, staff
recommends Planning Board consideration of this matter and action in the form of the following
motion:
Suggested Motion Language:
Motion to find that the conditions of the development agreement for approval #LUR2015-00087. have
not been met, adopting the staff memorandum and its attachments as findings of fact, and subject to
the conditions recommended in the staff memorandum.
Agenda Item 4A Page 2 of 52
PUBLIC FEEDBACK
Consistent with Section 9-4-3, “Public Notice Requirements,” B.R.C. 1981, staff provided mailed
notification to all property owners within 600 feet of the subject location and has notified the
aggrieved neighbors of the Planning Board hearing. Staff did not receive any public comment letters in
response to the public notice.
PROCESS
Pursuant to Section 9 2-11(b), “Compliance with Development Agreement,” B.R.C. 1981, at any time
after the execution of a development agreement, any person aggrieved by an alleged failure of the
developer or its successors to comply with a development agreement may request a hearing before the
Planning Board, conducted pursuant to the provisions of Chapter 1-3, "Quasi-Judicial Hearings,"
B.R.C. 1981. The Planning Board will determine whether the conditions of the agreement have been
met and, if the board finds that conditions have not been met, may:
(1) Revoke the site plan, use review, or form-based code review approval;
(2) Impose additional conditions or modifications to carry out the purposes of the original
approval; and/or
• Restaurant use would be required to modify operations to meet such conditions.
(3) Seek enforcement remedies as provided in Chapter 9-15, "Enforcement," B.R.C. 1981.
• Under this paragraph, the planning board could ask that city enforcement officers explore
and consider an administrative or criminal enforcement action. Administrative actions
allow for the following civil penalties: $100 for the first violation of a provision of
approval, $300 for the second violation of the same provision or approval, and $1,000 for
the third violation of the same provision or approval. In addition, an order can be issued
that is reasonably calculated to ensure compliance with the approval. In a criminal action
in the municipal court, the penalty for a violation of the development agreement is a fine of
up to $2,000, in addition, the court may order a cease and desist order and any other orders
reasonably calculate to remedy the violation. Each day a violation occurs constitutes a
separate violation. The associated fines with a case alleging multiple dates of a violation
cannot exceed the $30,000, except in aggravating circumstances. It would be in the
enforcement officers and prosecutors discretion whether to pursue an enforcement seeking
administrative penalties or criminal sanctions. Finally, the planning board could ask that
the city seek an order for specific performance or an injunction in a civil case in the
District Court in and for the County of Boulder.
The hearing is a quasi-judicial hearing. Mr. Kass has alleged that the use is not in compliance with
the development agreement. The board’s decision regarding whether the use has failed to meet the
conditions of the development agreement must be based on the evidence presented to the board at the
hearing. The burden of proof to show non-compliance is on the person requesting the finding that the
use is not in compliance with the conditions of the development agreement.
BACKGROUND
The subject property is located south of and adjacent to Pearl Street, between 23rd Street and 24th
Agenda Item 4A Page 3 of 52
Place (Figure 1). The site is zoned Mixed-Use 3 (MU-3). This zoning district allows for a mix or
residential and business uses, and is defined in Section 9-5-2(c )(2)(C) of the B,R.C as: “Areas of the
community that are changing to a mixture of residential and complementary nonresidential uses,
generally within the same building”. Across the street, to the north of the property are the Whittier
Place Condos and south of the property across the alley are residential dwelling units.
Per the Use Standards found in Section 9-6-1, B.R.C. 1981, restaurants over 1,000 square feet in floor
area, or which close after 11 p.m., or with an outdoor seating area of 300 square feet or more require
approval of a Use Review to operate in the MU-3 zone. The site was formerly the location of John’s
Restaurant beginning in 1974, when John’s restaurant was approved as a non-conforming use. A
Nonconforming Use Review for the River and Woods restaurant was approved by city staff on
January 27, 2016 under case no. LUR2015-00087. The approval was not called up for a public
hearing within the 14-day call-up period. The use is nonconforming as to parking. The size of the
approved restaurant use was limited to 1,892 square feet, with 65 indoor seats and 21 outdoor seats.
The hours of operation for the approved use are from 11:00 a.m. to 10:00 p.m. Monday through
Thursday, from 11:00 a.m. to 11:00 p.m. Fridays, from 9:00 a.m. to 11:00 p.m. Saturdays, and from
9:00 a.m. to 10:00 p.m. Sundays.
An administrative minor modification was approved by staff on August 12, 2016 under case no.
ADR2016-00161 for changes to the outdoor area on the south side of the property. Modifications to
the plans included changing the turf to artificial grass, change to the sandstone walk to create an ADA
compatible walk, creating long-term bike parking, and adding a children’s play deck and string
lighting.
The staff memorandum to Planning Board and the applicant’s submittal materials from 2015 are
available on the Records Archive for Planning Board. The approved management plan, site plans,
floor plans, Travel Demand Management (TDM) Plan, and site elevations can be found in
Attachment B.
Agenda Item 4A Page 4 of 52
Figure 1: Location of River and Woods
ANALYSIS OF KEY ISSUE
Key Issue: Are the River and Woods restaurant’s operating characteristics in compliance with
the development agreement, in particular the conditions of approval from the Nonconforming
Use Review (LUR2015-00087)?
Mr. Kass asserts that River and Woods is in violation of their Use Review by operating a “concert
venue” as demonstrated by the construction of a stage, advertising live music performances, and
charging a nightly cover six nights per week. Furthermore, in a memo to the Beverage Licensing
Authority (BLA), Mr. Kass also detailed the presence of an airstream trailer, parked in the rear of the
property on a parking spot designated for accessible van parking and loading (Figures 2 and 3). The
approved site plan per minor modification #ADR2016-00161 with the approved parking is shown in
Figure 4.
In addition, neighbor Matt Hayden emailed the restaurant’s August concert calendar and a photo of
the restaurants’ outdoor performance space with a band playing amplified music. Mr. Hayden asserts
that the restaurant is used as a recording space when the restaurant is closed. Refer to Attachment C
for correspondence from aggrieved neighbors.
Project Site
Agenda Item 4A Page 5 of 52
Figure 2: The airstream trailer in the back of the outdoor
seating of the restaurant as well as a band set up on the
raised platform.
Figure 3: The airstream trailer parked in the accessible
van parking.
Staff received a written statement from Josh Dinar, owner of the restaurant River and Woods, which
is included as Attachment D. According to the written statement, the restaurant traditionally had
music approximately three times a week and at periodic private events. After closing due to
COVID-19 in March 2020, the restaurant’s revenue was reduced by over 80%. When the restaurant
was permitted to reopen in June 2020, the owners decided to change the programming and host a
series of events with acoustic artists evenings from 5:30 P.M. – 6:30 P.M. and 7:45 P.M. – 8:45 P.M.
Tuesday through Sunday. Mr. Dinar states that Greg Kass contacted the business voicing his concerns
regarding the noise from these live music events. The written statement lists the various actions taken
by the restaurant to accommodate Mr. Kass including: limiting amplification to a single speaker,
relocating the speakers to a far end of the outdoor area, providing an office for Mr. Kass to study for
his BAR exam, and cancelling shows days before the exam. The restaurant owners were under the
impression that the matter had been resolved for the summer until they received a notice from the
Beverage Licensing Authority that a complaint had been filed. The music series ended in late
September and was not meant to be an ongoing event series.
The development agreement executed for Nonconforming Use Review #LUR2015-00087 is included
as Attachment A. Development agreements are part of the final approval requirements for a use
review application and are required to be executed pursuant to Section 9-2-9, “Final Approval
Requirements,” B.R.C. 1981. The agreement incorporates all conditions of approval and is binding on
all parties thereto. Development Agreements are recorded and bind future owners of the land. The
development agreement contains a variety of standard paragraphs, including an affirmative statement
by the owner/developer that all conditions of approval will be complied with. The conditions of
approval require, except to the extent modified by the conditions of approval, that the Applicant and
Owner operate the business in accordance with the management plan dated January 25, 2016, which
is attached to the Notice of Disposition.
Agenda Item 4A Page 6 of 52
Figure 4: One accessible van parking and accessible van loading located at the rear of the property. Site plan approved
through ADR2016-00161.
Agenda Item 4A Page 7 of 52
The table below outlines the actions that are alleged to be non-compliant with the approved
management plan and other conditions of approval.
TABLE 1: Analysis of Operational Characteristics
Approved Conditions Non-compliant Actions
Noise
The management plan states:
“River and Woods is designed as a
neighborhood, family - friendly
restaurant and our noise policies will
reflect this. We will close by 10pm on
weekdays and 11pm on weekends. We do
anticipate the potential for periodic
acoustic music in the backyard during
summer months, but the music will be
presented as an accompaniment to the
dining experience only. In no way do we
intend to create a “concert venue” of
any kind or to promote ourselves as a
live music destination.”
The emails provided by Mr. Kass
detail that the number of
performances during the summer
months were not periodic and were
occurring six times a week.
Additionally, the restaurant has
built a stage, advertised live music
events on their website calendar
and charged guests artist fees as
part of their check.
Parking &
Delivery
The management plan states:
“While we plan to utilize the backyard
outdoor area for al fresco dining and
community gathering, the plans were
revised to provide 1 van accessible on-
site parking space, along with the
already planned accessible outdoor
patio and accessible routes to both the
front and back of the restaurant”. See
Figure 4.
“Deliveries will only be allowed during
the non-operating hours of 8-11am and
2-4pm. We have designed the back alley
entrance and landscaping to be suitable
for all varieties of expected deliveries.
Deliveries will be instructed to never
block access during the short time a
truck might be present. They will be
asked to pull in close to the new fence
that will run parallel to the alley, which
will be placed 5 feet from the edge of the
alley, creating enough clearance and
avoid blocking access. When the new
accessible stall provided is not in use,
trucks can also use that space to pull in.”
Per the email from Mr. Kass, an
airstream trailer was permanently
parked in the one van accessible
on-site parking and was being used
as alcohol storage and a bar.
Delivery trucks are blocking the
alley access for neighbors’
vehicles, as the designated space is
being used for the airstream trailer,
trucks are using the alley.
Agenda Item 4A Page 8 of 52
TABLE 1: Analysis of Operational Characteristics
Approved Conditions Non-compliant Actions
Site plan changes
that were not
approved
The approved plans through the minor
modification process provide:
“Minor modification to the outdoor area
on the south side of the property.
Changes to include changing the turf to
artificial grass, change the sandstone
walk to an ADA compatible walk, revise
the gate on the trash enclosure to a
slider, move the existing shed to the edge
of the property for long-term bike
parking, adding a children’s play deck,
and adding string lighting.”
“the plans were revised to provide 1 van
accessible on-site parking space, along
with the already planned accessible
outdoor patio and accessible routes to
both the front and back of the
restaurant”
The approved site plan from
ADR2016-00161 labels the raised
platform with perimeter railing as
children’s play deck.
Per the email from Mr. Kass, an
airstream trailer was permanently
parked in the one van accessible on-
site parking. See Figure 3.
OTHER CONSIDERATIONS
The City of Boulder recognizes COVID-19’s significant impact on local businesses. In response to
the pandemic, the city created the Boulder Business Recovery Program, enabling businesses to
expand outside to help offset capacity limits put in place under the state’s Safer at Home order. As
part of this program, the city manager issued emergency orders that authorized the suspension and
modification of provisions of the Boulder Revised Code and conditions of land use approvals to allow
issuance of permits that would allow restaurants and other commercial uses to expand their uses into
public rights-of-way and private property areas, such as setback and parking areas, to allow these
businesses to operate safely during the COVID-19 emergency. The latest version of these emergency
orders aims to help businesses stay open this winter by enhancing the outdoor expansion through
Feb. 28, 2021. The winter extension allows for temporary structures and heating elements to make
outdoor, socially- distanced seating more comfortable when the temperature drops.
River and Woods applied for and, on October 22, 2020, were issued a permit for a temporary outdoor
expansion to enlarge or relocate existing outdoor seating area within a modified structure or
temporary outdoor enclosure such as a tent, yurt or dome and include a portable gas or propane
heating element, under permit #TEV2020-00114. The permit approves a parking pad to the south side
of the property, adjacent to the backyard area. A portion of the parking pad will be covered with an
800 sq. ft. tent. Under the Emergency Order 2020-18-3rd Amendment, the temporary outdoor
expansion was extended for the winter and to allow additional elements to include temporary
enclosures and heating equipment. The emergency order includes an approved sound level variance to
allow for the use of generators and heaters while the temporary outdoor expansion areas are in
Agenda Item 4A Page 9 of 52
operation. The Emergency Order 2020-18-3rd Amendment is effective until Feb. 28, 2021, unless
further amended or modified.
STAFF FINDINGS AND RECOMMENDATION RECOMMENDED CONDITIONS
Staff finds that the River and Woods restaurant’s operating characteristics are not in compliance with
the development agreement and approved management plan from the Nonconforming Use Review
#LUR2015-00087, as modified by Minor Modification #ADR2020-00161.
If the Planning Board finds failure to comply with the development agreement, staff recommends that
the following conditions of approval be added to the original approval and the development
agreement be amended to include these additional conditions:
1. There shall be no amplified music in the backyard outdoor area.
2. Acoustic live music performances in the backyard outdoor area shall be limited to no more
than three days per week and, this would constitute “periodic” music, stated in their
previously approved management plan. The live music shall end no later than 9:00 p.m.
3. The site design and the restaurant operation shall be consistent per the approved plans for the
use, except as site plan under the use may be temporarily operated pursuant to a permit
approved under COVID-19 emergency orders.
Approved By:
___________________________
Charles Ferro, Secretary to the Planning Board
ATTACHMENTS
Attachment A: Development Agreement Executed March 24, 2016
Attachment B: Management Plan and Approved Plans – Nonconforming Use Review
#LUR2015-00087 and Minor Modification #ADR2016-00141
Attachment C: Correspondence from Aggrieved Neighbors
Attachment D: Written Statement from Josh Dinar, Owner of River and Woods
Agenda Item 4A Page 10 of 52
Attachment A - Development Agreement Executed March 24, 2016
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Attachment A - Development Agreement Executed March 24, 2016
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Attachment A - Development Agreement Executed March 24, 2016
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Attachment A - Development Agreement Executed March 24, 2016
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Attachment A - Development Agreement Executed March 24, 2016
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Attachment A - Development Agreement Executed March 24, 2016
Agenda Item 4A Page 16 of 52
Attachment A - Development Agreement Executed March 24, 2016
Agenda Item 4A Page 17 of 52
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ATTACHMENT A : MANAGEMENT PLAN LANGUAGE
Date: 01.25.2016
Project: River and Woods Restaurant
2328 Pearl Street
Boulder, CO 80302
Regarding: Non-conforming Use Review LUR2015-00087
Background: River and Woods (R&W) hopes to provide Boulder with a community dining experience in an iconic
restaurant location, embracing both the long and proud history of the building and the neighborhood in which it is located.
R&W will offer creative twists on both traditional comfort food and on family recipes sourced from the community itself.
The site was home to John’s Restaurant for over 40 years and has been vacant for the past two as the landlord waited
patiently for a restaurant concept that would be an appropriate successor to the family’s business. A total of approximately
1800 sf of total indoor space has been intelligently designed to encapsulate the building’s past with a look to the future.
The “backyard” has been designed to offer a comfortable community gathering space unlike any restaurant currently in
downtown Boulder. R&W will offer a full bar, a menu by esteemed partner/chef Daniel Asher (of root down and linger in
Denver), and a rotating roster of Boulder family recipes sourced directly from the community.
Restaurant Hours of Operation:
Diner: 7 days a week from 4pm – 10pm; open until 11pm Friday & Saturday
Brunch: Saturday and Sunday from 9am – 2pm
Lunch: Monday through Friday 11am – 3pm
Parking: While we plan to utilize the backyard outdoor area for al fresco dining and community gathering, the plans were
revised to provide 1 van accessible on-site parking space, along with the already planned accessible outdoor patio and
accessible routes to both the front and back of the restaurant. The previous restaurant did not meet any accessibility
standards and had no compliant entries. Providing the accessible parking on site makes our restaurant more inclusive,
while still preserving the huge community asset of an outdoor gathering place.
We engaged LSC Transportation Consultants to conduct a parking study, and also conducted our own independent study
to verify the availability of parking. In both studies, see Attachment E, it was determined that there are 34-66 open spaces
in the immediate vicinity, which is ample on-street public parking to continue supporting a restaurant use in this location.
Additionally, we have secured a multi-year written lease with our neighbor one block to the west, to ensure there is
dedicated restaurant parking at all times in excess of the previous restaurant, see Attachment F. OZ Architecture, our
neighbor 1 block to the west, will provide 12 spaces during daytime hours and 24 spaces for evening use. These 24
spaces will also be available all-day during weekend operation hours. Including the onsite parking, with 13 dedicated
spaces during the day and 25 dedicated spaces after 5pm and all day on the weekends, as well as an additional 34-66
open street spaces, we believe there will be next to no strain on parking in the neighborhood. We are also in the process of
working out a non-written agreement with BSW Wealth Partners, our neighbor to the east, to offer an additional 19 informal
parking spaces after 5pm on weekdays and during weekend operation hours.
We will advertise our reserved off-site parking amenities on our website, via front-of-store and back fence signage, and
through various communication with customers such as reservation confirmations and newsletters.
We have also developed a comprehensive Travel Demand Management (TDM) Plan, to encourage the use of alternative
modes of transportation and to reduce car travel to the restaurant. It includes a number incentives to both guests and
employees to walk, ride, or take public transportation. Some of these include providing 16 bike racks on site (4 times the
minimum required), eco-passes for employees, and rewards/prizes for those who walk/bike/bus.
Attachment B - Management Plan and Approved Plans
Agenda Item 4A Page 18 of 52
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We have met with members of the Whittier Neighborhood Association to explain these strategies and believe that we have
their support. Attachment C has letters from two neighbors who had initially expressed concern and are now expressing
their support for the restaurant. We are committed, after opening, to continue to develop strategies to ensure we are
protecting the quiet enjoyment of those who we share a community and who we hope will be our most regular customers.
Deliveries: Except in the most extreme cases, deliveries will only be allowed during the non-operating hours of 8-11am
and 2-4pm. We have designed the back alley entrance and landscaping to be suitable for all varieties of expected
deliveries. Deliveries will be instructed to never block access during the short time a truck might be present. They will be
asked to pull in close to the new fence that will run parallel to the alley, which will be placed 5 feet from the edge of the
alley, creating enough clearance and avoid blocking access. When the new accessible stall provided is not in use, trucks
can also use that space to pull in. We have met with the owner of the properties directly across the alley, Larry Wexler, and
discussed our plan for alley delivery and have his full support.
Trash and Recycling: Trash, recycling and compost receptacles will be provided at the southwest corner of the backyard
area adjacent to the alley. Trash, recyclables and compostables will not be collected between the hours of 10:30pm and
7:30am to avoid noise that may affect our surrounding neighbors. We will take great pride in our appearance and
maintain, at all times, a site that improves the neighborhood’s already positive appeal.
Noise: River and Woods is designed as a neighborhood, family-friendly restaurant and our noise policies will reflect this.
We will close by 10pm on weekdays and 11pm on weekends. We do anticipate the potential for periodic acoustic music in
the backyard during summer months, but the music will be presented as an accompaniment to the dining experience only.
In no way do we intend to create a “concert venue” of any kind or to promote ourselves as a live music destination.
Likewise, we do plan to have outdoor speakers, which will be positioned so as to minimize sound travel beyond the
property boundaries to the south, where the only residential neighbors are located. Once again, we fully plan to work
directly with the Whittier Neighborhood Association to devise strategies to protect the quiet enjoyment of all in the area,
and ultimately to enhance the experience of the community. We will go well beyond adherence to city ordinances when it
comes to our neighbors’ comfort.
Drug and Alcohol Policy: As a family establishment, River and Woods will provide stringent training and establish alcohol
policies congruent with the Boulder Police Department and other state certified guidelines for safe and controlled
consumption of alcohol on the premises by patrons of legal drinking age. The entire property will be enclosed by railing
and/or fence, with the entire backyard fenced in, and entries/exists will be noted where alcohol is prohibited. All staff
working in any way with alcohol will be TIPS trained, and the restaurant plans to join, partner and/or promote local
organizations that train and educate businesses on responsible service.
Neighborhood Outreach and Methods of Future Communication: As mentioned, we have already met with members
of the Whittier Neighborhood Association and plan to continue to involve them in planning stages before opening and to
keep an “open door policy” after we have opened for business. We will directly address any concerns and adjust our
policies to ensure the neighbors’ quiet enjoyment and, beyond that, strive to be a true asset to the area, so that neighbors
consider the restaurant their “home away from home.” Throughout our operations, owners and managers of the restaurant
will be fully accessible by the neighborhood to answer any concerns and will do everything within their power to meet the
needs of area residents and businesses.
Methods of Resolution with the Surrounding Neighborhood: River and Woods and its owners/managers will uphold its
performance as good neighbor and strive to prevent any disputes, agree to participate in discussions with the
neighborhood, and work diligently to find resolutions to the problems cited. Employees will be made aware of any changes
or clarifications to policy regarding such discussions, including staff meetings and signs being prominently posted as
necessary. We will cooperate fully with all laws and community guidelines and always go above and beyond to manage
our relationship with the surrounding community.
Attachment B - Management Plan and Approved Plans
Agenda Item 4A Page 19 of 52
UPUPGroup#2Group#3Group#4Group#5Group#6 Group#1Group#1Group#24Group#25Group#26Group#27Group#28Group#29Group#30 FEC816 SFDINING - FRONT RM15 SF/OCC55 OCC94 SFKITCHEN200 SF/OCC1 OCC76 SFKITCHEN200 SF/OCC1 OCC275 SFKITCHEN200 SF/OCC2 OCC47 SFSTO300 SF/OCC1 OCC71 SFSTO300 SF/OCC1 OCC153 SFOUTDOOR KITCHENCIRCULATION/RESTROOMSNOT INCLUDEDFOOD SERVICETOTAL SEATING: 65FOOD SERVICETOTAL SEATING: 21(1/3 OF INDOOR)AREA: 960SF MAX(< 963 INDOOR AREA)147 SFDINING - BACK RM15 SF/OCC10 OCC482424671082222213 SFSTO651" / 12"PLAY AREA5ACCESS AISLEVAN ACCESSIBLE PARKING5Caddis Architecture, pc.CADDIS PCCaddis Architecture, pc.NORTHAs indicated2328 Pearl StreetRiver & WoodsRestaurantCOVER12.17.20151513River & Woods RestaurantUSE REVIEW12.17.2015OWNERDiningOutContact: Josh Dinar3917 W32nd Ave, 1st FloorDenver, CO 80212P: 720.645.1888Josh Dinar: e-mail addressARCHITECTCaddis, P.C.Project Architect: Ely Merheb1510 Zamia Ave. #103Boulder, CO 80304P: 303.443.3629ely@caddispc.comSTRUCTURAL ENGINEERGlenn Frank EngineeringContact: Jesse Sholinsky, P.E.2400 Central Ave, Suite A-1 SouthBoulder, CO 80301P: 303.554.9591jesse@gfrankeng.comLANDSCAPE ARCHITECTOutside L.A., LLCContact: Sandi Gibson2623 Burgess Creek RoadSteamboat Springs, CO 80487P: 303.517.9256osla@me.comMEP ENGINEERPCD EngineeringContact: Peter D'Antonio184 Wetterhorn WayLongmont, CO 80501P: 303.678.1108peter@pcdengineering.comDESIGNERWheel HouseContact: Alan OrtizStreet AddressCity, State zipP: 303.443.3629wheelhouseboulder@gmail.comVICINITY MAP (NTS)PROJECT CONTACTSGENERAL CONTRACTORDuggan ConstructionContact: Chris Duggan1900 Folsom Street Suite 201Boulder, CO 80302P: 303.656.9515contact@dugganbuild.com 1/8" = 1'-0"1AREA & OCCUPANCY ANALYSISNET FLOOR AREAS - INDOORDINING963SF65 SEATSKITCHEN455SFSTORAGE118SFNET FLOOR AREAS - OUTDOORFOOD SERVICE960SF21 SEATSFOOD PREP153SFGROSS FLOOR AREA / FAR1892SFSITE AREA±6996SFFAR.27BUILDING HEIGHT±17' - 0"EXISTING:RESTAURANT, SINGLE STORY WOOD STRUCTUREYEAR BUILT: 1920 FRONT OF BUILDING; 1974 BACK ADDITIONPROPOSED:RESTAURANT, SINGLE STORY WOOD STRUCTURENO EXTERIOR ADDITIONS, ONLY COSMETIC IMPROVEMENTSEXISTING:2,796SF (RE SITE PLAN SHEET, DRAWING #2)REQUIRED:1,399SF (@20% OF LOT)PROPOSED:3,495F (RE COVER SHEET, DRAWING #1)INCREASED BY 8%PROJECT DATASITE INFORMATIONLEGAL DESCRIPTIONLOT 4, BLOCK 78, EAST BOULDER,IN THE CITY OF BOULDER, COUNTY OF BOULDER, STATE OF COLORADOZONINGMU-3USE REVIEWRE-APPROVAL OF NON-CONFORMING USE. NO NEW FLOOR AREA PROPOSED AND BUILDING EXTERIOR REMAINS THE SAME, EXCEPT FOR REPAINTING.OPEN SPACEPARKING SPACES EXISTING12 = 6 OFF-STREET + 6 NEIGHBORING PROPERTYPARKING SPACES REQUIRED24 = 21 FOR INDOOR SEATS + 3 FOR OUTDOOR SEATSPARKING SPACES PROPOSED25 = AFTER 5PM & WEEKENDS1 OFF-STREET VAN ACCESSIBLE24 OFF-STREET / OFF-SITE:24 AT OZ Architecture (2206 Pearl St)13 = DAY TIME1 OFF-STREET VAN ACCESSIBLE12 OFF-STREET / OFF-SITE:12 AT OZ Architecture (2206 Pearl St)BIKE PARKING EXISTING:0BIKE PARKING REQUIRED:4 (1 LONGTERM)BIKE PARKING PROPOSED:16 (8 LONGTERM)PARKING REQUIREMENTS3DVIEWAttachment B - Management Plan and Approved PlansAgenda Item 4A Page 20 of 52
LANDSCAPE PLAN0816 FTscale: 1/8"=1'-0"1EM
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3'-7"3'-7"12'-0"3'-0"3'-0"3'-0"3'-0"UP1" / 12"9-JBG27-HL17-EL6-SD5-EL5-EL3-ME11-GRJB4-NWR3-PBBB3-WBB4-WSR3-RKOR16-FRG11-DFG2-CPBIKE RACKS (8 bikes on crusher fines w/ concrete strip for attachment)NEW STREET TREES (4 x 10 grates w/tree guards)DNEXISTING PLANTS TO REMAIN (ADD EXISTING SHRUB ROSES INTO HOLES WHERE POSSIBLE)ROCK MULCH18" HT. PLANTER W/ORN. GRASSESCOMBO FIRE & WATER SCULPTUREACCESSIBLE VAN PARKING SPACENEW FENCESTACKED RECYCLED TIMBER LOW WALLBIKE RACKS ON SOFT SURFACE - 8 bikes (concrete pad below rack for attachment)TRASH & RECYCLE ON CONC. PADP E A R L S T R E E TEXISTING WALK & BRICK PAVERS TO REMAINEXISTING TREE & GROUNDCOVER PLANT MATERIALS TO REMAINNEW WALK & PATIOLAWNACCESSIBLE VAN LOADING SPACETREE #6 - SIberian ElmTREE #5 - SIberian ElmTREE #4 - BoxelderTREE #2 - BoxelderTREE #3 - Green AshTREE #1 - Hackberry10'-0"19'-6"10'-0"SHED ROOF OVER BIKE RACKSPLANTING DETAILDECIDUOUS TREEOPPOSITE SIDE SAMEOPPOSITE SIDE SAMELCLCDRAWN BY: CHECKED BY:CITY OF BOULDER, COLORADOREVISED:ISSUED:DRAWING NO.JULY 2, 1998DECIDUOUS EVERGREENSHRUB SHRUBSPECIFICATIONSMULCHED, SOD-FREEBASE AROUNDBALL BALLEVERGREEN TREETRUNK PLUMB AND8" GREEN STEELTEE POSTS WITHBLADE ON TREESIDENOTES:RUN DOUBLE STRAND 12 GAUGEWIRE THROUGH GROMMETS IN 2''NYLON STRAP. RUN WIRE TO2. SEE SPECS FOR PLANTING OFPLANT PIT TWO TIMESLARGERTHAN BALLDIAMETER.ROOT BALLPLANT PITTWO TIMESLARGERTHAN BALLDIAMETERBACKFILLFINISH GRADE WITHSOD OR MULCH,BACKFILLREMOVE ALL FOREIGN MATERIALS FROM TRUNK AND BALLFOLD BACK TOP HALF OF UNTREATED BURLAPUNDISTURBED SUBGRADESRW3.02DIRECTOR OF PUBLIC WORKSAPPROVED BY:STRAIGHT TREES PERPOST AND TWIST FOR SLIGHTVINES AND GROUND COVERS.3. DETAIL IS TYPICAL IN INTENT ONLY.TO BE 1''SEE PLANJSHROOT BALL TO BE2'' ABOVEFINISHEDGRADEABOVEFINISHEDGRADETENSION1. WRAP TRUNK WITH 4'' TREEWRAP PER SPECIFICATIONS.NWNW120TREES UNDER3'' CLPTREES 3''CLP AND UPSTAKING PLANPROTECTIVE CAPSECURED TO STAKEOCT. 17, 2000LCLCBALL BALL120CITY OF BOULDER, COLORADOBICYCLE PARKINGDIRECTOR OF PUBLIC WORKSRJHJSHAPPROVED BY:CHECKED BY:DRAWN BY: DRAWING NO.ISSUED:REVISED:JULY 2, 19982.53OCT. 17, 20002'-4"2'-0"4'-0"6" CONCRETE PADINVERTED-U RACK6'-0"2'-0"1'-4"13'-4"1'-4"2'-4"6'-0"1'-4"2'-0"3'-0"*7'-0"2'-4"6" CONCRETE PAD2'-4"2'-0"INVERTED-U RACKADD 3'-0" FOR EACH ADDITIONAL RACK ON A MULTIPLE RACK INSTALLATION. RACK SPACING IS 3'-0" ON CENTER.NOTES:EXPOSED CONCRETE SURFACE TO BE BROOM FINISHED. PAD SIZE MAY VARY AS DIRECTED BY THE ENGINEER. PAD IS TO BE CONSTRUCTED WITH CLASS B CONCRETE. EXCAVATION AND/OR EMBANKMENT REQUIRED FOR PAD CONSTRUCTION WILL NOT BE PAID FOR SEPERATELY, BUT SHALL BE INCLUDED IN THE COST OF THE PAD. CONCRETE SHALL BE SLOPED AT 2% TO DRAIN.*SIDE-BY-SIDEEND-TO-ENDDRAWN BY: CHECKED BY:APPROVED BY:DIRECTOR OF PUBLIC WORKSCITY OF BOULDER, COLORADOREVISED:ISSUED:DRAWING NO.JULY 2, 1998JSHRJHINVERTED "U"BICYCLE RACKS2.52.ANOTES:DIMENSIONS:1. HEIGHT-33'' FROM THE GROUND2. CONTINUOUS BEND INSIDE RADIUS=7''MATERIALS AND CONSTRUCTION:1. MINIMUM OR 1 1/4'' SCHEDULE 40 STEEL PIPE (1 5/8'' OUTSIDE DIAMETER)2. MAXIMUM 1 1/2" SCHEDULE 40 STEEL PIPE (2'' OUTSIDE DIAMETER)3. SOLID ONE-PIECE CONSTRUCTION; CONTINUOUS BEND; LEGS 14''-18'' APART4. GALVANIZED WITH BLACK POWDER COAT FINISH5. FLUSH MOUNTED WITH WELDED BASE PLATES (6'' DIAMETER, 3/16'' THICK BASE PLATE). HIDDEN OR VANDAL-RESISTANT FASTENERS (SCREWS OREXPANSION BOLTS)FLUSH-MOUNT BASEPLATETYP.3/16"3/16"6"33" 7" INSIDERADIUS7/16" HOLE(TYP.)BASEPLATE DETAIL(TYP.)1"120° (TYP.)OCT 6, 2009Ooutside lalandscape architecture +urban design +planningboulder / steamboat springsp: 303.517.9256f: 970.367.5180osla@me.comCaddis Architecture, pc.CADDIS PC1. All plant material shall meet specifications of the American Association of Nurserymen (AAN) for number one grade. All trees shall be balled and burlapped or equivalent. All plant materials shall have all wire, twine or other containment materials, except for burlap, removed from trunk and root ball of the plant prior to planting.2. Trees shall not be planted closer 10 feet to any sewer or water line. Tree planting shall be coordinated with Xcel Energy Company. Locations of all utilities shall be verified in the field prior to planting.3. All shrubs shall be planted no less than 3’ from any sidewalk or curb. 4. Grades shall be set to allow for proper drainage away from structures. Grades shall maintain smooth profiles and be free of surface debris, bumps, and depressions.5. Developers shall ensure that the landscape plan is coordinated with the plans done by other consultants so that the proposed grading, storm drainage, or other constructions does not conflict nor preclude installation and maintenance of landscape elements on this plan.6. All shrub bed areas shall be mulched with a 4” layer of wood bark mulch. Perennials and groundcover areas shall be mulched with a 4” layer of shredded bark mulch. No fabric to be installed in any ornamental grass, perennial or groundcover areas.7. Prior to installation of plant materials, areas that have been compacted or disturbed by construction activity shall be thoroughly loosened; organic soil amendments shall be incorporated at the rate of at least three (3) cubic yards per 1000 square feet of landscape area in all turf and shrub beds. Incorporate only 1.5 CY in seed areas. 8. All lawn areas will be sodded with a fescue blend. Perimeter seed areas to be Low Grow Seed Mix as per Arkansas Valley Seed or equal. Drainage channel to be seeded with wetland seed mix.9. All landscape (plant materials and grass) will be irrigated with an automatic system. Turf areas will have a spray zone. Plants with like water requirements are shown together in order to have an efficient use of water. See Irrigation Plans for detailed information. (to be completed during Tec Docs).10. Contractor shall verify all material quantities prior to installation. Actual number of plant symbols shall have priority over the quantity designated.11. Refer to the City of Boulder Design and Construction Streetscaping Standards for all work within public areas, including tree protection standards. The developer will make every effort possible to protect trees within the site using the same standards. 12. Refer to the Civil Engineer Drawings for Grading and Utility information.13. This plan meets or exceeds City of Boulder landscape code requirements when trees are planted behind back of walk. NORTHRiver & WoodsRestaurantLANDSCAPE PLAN1.1.20151513Attachment B - Management Plan and Approved PlansAgenda Item 4A Page 21 of 52
UPFECALLEYPEARL ST1" / 12"(N) LANDING & STAIRS(E) CONCRETE SIDEWALK(E) PAVER SIDEWALK(E) SITE WALL ATNEIGHBORING PROPERTY(E) PROPERTY LINE(E) BRICK PAVERS,RELAID/RELEVLED 3"ABOVE GRADE(N) ACCESSIBLE ROUTE(E) FENCE TO BE PAINTEDINFILL / REMOVE (E) CURB(N) LANDING & RAMP W/HANDRAILS(N) FENCE(E) TREE, SEE TREESURVEY & LANDSCAPEPLAN FOR ADDITIONALINFO(N) GUARDRAILTRASH/RECYCLING(N) GATE & MAINLOADING ACCESS(N) RAILING SEPARATINGFOOD SERVICE AREA(E) VEGETATION TO REMAIN(N) LONGTERM BIKEPARKING (8)(N) BIKE PARKING (6)(E) FENCE TO BE PAINTED(N) ACCESSIBLE ROUTETRASHFOOD SERVICE AREA± 9' - 0" ALLEYAISLE 5' - 0" RECYCLEACCESSIBLESTALL8'-0"AISLE8'-0"3' - 0" MIN18" MIN23' - 0"(E) UTILITY POLE(E) UTILITY POLE(N) ACCESSIBLESURFACE(N) LAWN(E) CMU WALL(N) COVER ABOVE(N) CONCRETE PAD ATPARKING & AISLESALLEYPEARL ST(E) CONCRETE SIDEWALK(E) PAVER SIDEWALK(E) WALL AT NEIGHBORINGPROPERTY(E) PROPERTY LINE(E) BRICK PAVERS TO BEREINSTALLED(E) FENCE TO REMAIN(E) TREE, SEE TREESURVEY & LANDSCAPEPLAN FOR ADDITIONALINFO(E) BRICK WALL TO BEREMOVED(E) CONC PAD TO BEREMOVED(E) SHED TO BEREMOVED(E) FENCE TO BEREMOVED(E) STAIRS & HANDRAILSTO BE REMOVED(E) SIGN TO BE REMOVED±9'-0"ALLEYREMOVE (E) CURB(E) UTILITY POLE(E) UTILITY POLE(E) OPEN SPACEON SITE PARKING (6)9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"DRIVE AISLE24' - 0"19' - 0"5'-0"Caddis Architecture, pc.CADDIS PCNORTH 1/8" = 1'-0"River & WoodsRestaurantSITE PLAN01.11.20161513 1/8" = 1'-0"1SITE PLAN - NEW 1/8" = 1'-0"2SITE PLAN - EXISTING12.17.2015 Attachment B - Management Plan and Approved PlansAgenda Item 4A Page 22 of 52
Group#2Group#3Group#4Group#5Group#6 Group#1Group#1Group#24Group#25Group#26Group#27Group#28Group#29Group#30 FECDININGRESTROOMRESTROOMKITCHENSTORAGEBACK BARDISHWASHING(E) FREEZER4824246710822222(E) WALLS, TYP(N) SEATING, TYP(N) BUILT-IN BANQUETTE(N) BUILT-IN BANQUETTE(N) BUILT-IN BAR(N) FLOOR LEVELED WITHMAIN FLOOR ELEVATION(N) STAIR & HANDRAILSSTORAGE(N) ACCESSIBLE BUILT-INBAR(N) EQUIPMENT, TYPDN(N) WALL, TYP(N) ACCESSIBLE RAMP50'
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45' TRAVELDISTDININGRESTROOMRESTROOMKITCHEN STORAGE(E) FREEZER(E) WALLS, TYP(E) WALL TO BEREMOVED, TYPSTORAGE(E) DOOR TO BEREMOVED. NOTREQ'ED FOREGRESS.Caddis Architecture, pc.CADDIS PCNORTH 1/4" = 1'-0"River & WoodsRestaurant1ST FLOOR PLAN12.17.20151513 1/4" = 1'-0"1LEVEL 1 - PROPOSED 1/4" = 1'-0"2LEVEL 1 - EXISTINGAttachment B - Management Plan and Approved PlansAgenda Item 4A Page 23 of 52
Level 1100' - 0"Level -198' - 7"TO Ridge116' - 1 1/2"(E) VERTICAL WOODSIDING TO BE REPAINTED(E) ASPHALT SHINGLES TOREMAIN(E) HORIZONTAL WOOD SIDINGTO BE REPAINTED(E) FENCE TO BEREPAINTED(N) ACCESSIBLE ENTRYRAMP & HANDRAILS(N) STAIR & RAILS(E) CMU WALL(N) SHORT-TERM BIKEPARKING BEYOND (8)Level 1100' - 0"Level -198' - 7"TO Ridge116' - 1 1/2"(E) SHINGLE ROOF TO REMAIN(E) VERTICAL WOOD SIDINGTO BE REPAINTED(E) HORIZONTAL WOOD SIDINGTO BE REPAINTED(E) METAL SIDING TOBE REPAINTED(E) CMU WALL(E) METAL SIDING TO BEREPAINTED(E) VERTICAL WOOD SIDINGTO BE REPAINTED(E) HORIZONTAL SIDING TOBE REPAINTED(E) FENCE TO BE REPAINTED(N) FENCELONGTERM BIKE PARKING COVER(N) RAILINGSEPARATING FOODSERVICE AREA(N) FENCE(N) SHORT-TERM BIKEPARKING (8)(E) CMU WALL BEYOND(E) VERTICAL WOODSIDING TO BE REPAINTED(E) METAL SIDING TO BEREPAINTED(E) BRICK CHIMNEY(N) STAIRS AND HANDRAILS(N) FENCE(N) LONGTERM BIKEPARKING COVER(N) RAILING SEPARATINGFOOD SERVICE AREA(E) UTILITY POLELevel 1100' - 0"Level -198' - 7"TO Ridge116' - 1 1/2"(N) ACCESSIBLE ENTRYRAMP & GUARDRAILS(N) STAIR & RAILS(E) UTILITY POLECaddis Architecture, pc.CADDIS PC 1/8" = 1'-0"River & WoodsRestaurantBUILDING ELEVATIONS12.17.20151513 1/8" = 1'-0"1NORTH - ENTRY VIEW 1/8" = 1'-0"3SOUTH 1/8" = 1'-0"4WEST 1/8" = 1'-0"5EAST 1/8" = 1'-0"2NORTH - STREET VIEWAttachment B - Management Plan and Approved PlansAgenda Item 4A Page 24 of 52
ADMINISTRATIVE REVIEW
NOTICE OF DISPOSITION
You are hereby advised that the following action was taken by the Planning Department:
DECISION: Approved
DATE: August 12, 2016
REQUEST TYPE: Minor Modification Simple
ADDRESS: 2328 PEARL ST
APPLICANT: JOSH DINAR
CASE #: ADR2016-00161
PROJECT NAME: RIVER AND WOODS
LEGAL DESCRIPTION: LOT 4, Block 7, East Boulder
City of Boulder, County of Boulder, Colorado
DESCRIPTION:
Minor Modification to the outdoor area on the south side of the property. Changes to include changing the turf to artificial
grass, change the sandstone walk to an ADA compatible walk, revise the gate on the trash enclosure to a slider, move the
existing shed to the edge of the property for long-term bike parking, adding a childrens play deck, and adding string
lighting.
FINAL DECISION STANDARDS:
This application is Approved per the criteria for Minor Modifications to Approved Site Plans as set forth in section 9-2-
14(k), B.R.C. 1981. This approval is subject to the following standards. These standards must be met in order for the
administrative review approval to be valid.
This approval does not constitute building permit approval. Building permit review and approval shall be required prior to
the initiation of any construction.
The Applicant shall be responsible for ensuring that all construction is compliant with the approved plan set stamped
August 12, 2016. The accessible route must comply with ICC A117.1-2009.
This decision is final and may not be appealed. A new request may be considered only as a new application.
Approved By: ___________________________________________________
Shannon Moeller, Planning Department
CITY OF BOULDER
Planning and Development Services
1739 Broadway, Third Floor • P.O. Box 791, Boulder, CO 80306-0791
phone 303-441-1880 • fax 303-441-3241 • email plandevelop@bouldercolorado.gov
www.boulderplandevelop.net
Attachment B - Management Plan and Approved Plans
Agenda Item 4A Page 25 of 52
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OVUOVU OVU01020WWWWWWWWWWWWWEEEEEEEEWWWWWWWEEEWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWEEEEEEEEEEEEEWWWWWWWWWWWWWWWWWWWWEEEEEEE
XXXXXXXXX2'-4"1'-4"2'-4"3'-6"3'-6"3'-6"2'-0"3'-0"FUTURE STRING LIGHTS - to meet COB lighting standardsINVERTED U BIKE RACKS - 8 bikesROCK MULCHEX. FENCENEW FENCERE: archSTACKED RECYCLED TIMBERS CREATE LOW WALL EXISTING TREE & GROUNDCOVER PLANT MATERIALS TO REMAIN - MODIFY AS NECESSARY FOR BIKE RACKSASTRO-TURF ‘LAWN’ACCESSIBLE VAN LOADING SPACETREE #5 - SIberian ElmTREE #4 - BoxelderTREE #2 -BoxelderTREE #3 - Green AshTREE #1 - HackberryWOOD MULCHREMOVE EXISTING FENCE18” RAISED PLATFORM w/PERIMETER RAILING - (kid’s treehouse)PATH - RIVER OF CRUSHER FINES W/ 3” HT. TREE RINGS - BARK REMOVED. WOOD RINGS MUST BE FLUSH W/ CRUSHER FINES TO PROVIDE ADA ACCESSIBLE SURFACEPLANTS ON SLOPE TO FIT UNDER EXISTING TREESALLEYTRASH ENCLOSURESLIDING GATEP E A R L S T R E E T10'-0"19'-6"10'-0"EXISTING BRICK PAVING - REPLACE AS NEEDED UUVUVVVVOVUVVUVVOOOOOOO
12'-0"6'-0"8'-4"TREE GRATES W/ TREE GUARDSEXISTING SHED W/ LONG TERM HANGING BIKE STORAGE (4 bikes REQUIRED - 8 provided)EXISTING PLANTS TO REMAIN UNDER EXISTING SIGNCREATE 4” X 4” GRID OF GALVANIZED WIRE ON FENCE. ATTACH WITH EYE HOOKS ON EACH END AND TOP AND BOTTOM TO HOLD VINES.CREATE 4” X 4” GRID OF GALVANIZED WIRE ON FENCE. ATTACH WITH EYE HOOKS ON EACH END AND TOP AND BOTTOM TO HOLD VINES.8-GHV3-HH3-BMD6-RW3-RMR6-AFD2-AFD8-VMG7-GJFG2-CPLANDSCAPE PLAN0816 FTscale: 1/8"=1'-0"0816 FTscale: 1/8"=1'-0"0816 FTscale: 1/8"=1'-0"0816 FTscale: 1/8"=1'-0"0816 FTscale: 1/8"=1'-0"LANDSCAPEPLAN1INNER GRATE RINGSSHALL BE REMOVED INACCORDANCE WITHTREE'S GROWTHSIDEWALKCOMPACTEDAMENDED SOILROOT BALLUNDISTURBED SOILSUBBASECAST IRONTREE GRATEMULCH - 2" MIN3' AVERAGE DEPTH2' MINDRAWN BY: CHECKED BY:APPROVED BY:DIRECTOR OF PUBLIC WORKSCITY OF BOULDER, COLORADOREVISED:ISSUED:DRAWING NO.JULY 2, 1998JSHRJHTREE GRATEFOR SIDEWALKPLANTING3.0312" MIN OPENINGOCT. 17, 2000MINIMUM GRATE AREA SMALL TREE - 20 SFMEDIUM TREE - 32 SFLARGE TREE - 40 SFSLOT OPENINGS SHALL BE PEDESTRIAN SAFEMANUFACTURER'S SPECIFICATIONSEMBED FRAME PER(LESS THAN 1/2" WIDE)PLANTING DETAILDECIDUOUS TREEOPPOSITE SIDE SAMEOPPOSITE SIDE SAMELCLCDRAWN BY: CHECKED BY:CITY OF BOULDER, COLORADOREVISED:ISSUED:DRAWING NO.JULY 2, 1998DECIDUOUS EVERGREENSHRUB SHRUBSPECIFICATIONSMULCHED, SOD-FREEBASE AROUNDBALL BALLEVERGREEN TREETRUNK PLUMB AND8" GREEN STEELTEE POSTS WITHBLADE ON TREESIDENOTES:RUN DOUBLE STRAND 12 GAUGEWIRE THROUGH GROMMETS IN 2''NYLON STRAP. RUN WIRE TO2. SEE SPECS FOR PLANTING OFPLANT PIT TWO TIMESLARGERTHAN BALLDIAMETER.ROOT BALLPLANT PITTWO TIMESLARGERTHAN BALLDIAMETERBACKFILLFINISH GRADE WITHSOD OR MULCH,BACKFILLREMOVE ALL FOREIGN MATERIALS FROM TRUNK AND BALLFOLD BACK TOP HALF OF UNTREATED BURLAPUNDISTURBED SUBGRADESRW3.02DIRECTOR OF PUBLIC WORKSAPPROVED BY:STRAIGHTTREES PERPOST AND TWIST FOR SLIGHTVINES AND GROUND COVERS.3. DETAIL IS TYPICAL IN INTENT ONLY.TO BE 1''SEE PLANJSHROOT BALL TO BE2'' ABOVEFINISHEDGRADEABOVEFINISHEDGRADETENSION1. WRAP TRUNK WITH 4'' TREEWRAP PER SPECIFICATIONS.NWNW120TREES UNDER3'' CLPTREES 3''CLP AND UPSTAKING PLANPROTECTIVE CAPSECURED TO STAKEOCT. 17, 2000LCLCBALL BALL120Date:Plot Date:Project:Revisions:This document contains proprietary informationbelonging to Caddis, or its affiliated companies andshall be used only for the purpose for which it wassupplied with the prior written consent of Caddis pcCaddis Architecture, etc.1501 15th Street #103tel: 303.443.3629info@caddispc.comwww.caddispc.comFull Size:0"1"2"Archive:02.05.201615132328 Pearl StreetBoulder CO 80302L1.0MINOR MODRIVER & WOODSRESTAURANTRev#DateDescriptionPLANT NOTES:1. All plant material shall meet specifications of the American Association of Nurserymen (AAN) for number one grade. All trees shall be balled and burlapped or equivalent. All plant materials shall have all wire, twine or other containment materials, except for burlap, removed from trunk and root ball of the plant prior to planting.2. Trees shall not be planted closer 10 feet to any sewer or water line. Tree planting shall be coordinated with Xcel Energy Company. Locations of all utilities shall be verified in the field prior to planting.3. All shrubs shall be planted no less than 3’ from any sidewalk or curb. 4. Grades shall be set to allow for proper drainage away from structures. Grades shallmaintain smooth profiles and be free of surface debris, bumps, and depressions.5. Developers shall ensure that the landscape plan is coordinated with the plans done by other consultants so that the proposed grading, storm drainage, or other constructions does not conflict nor preclude installation and maintenance of landscape elements on this plan.6. All shrub bed areas shall be mulched with a 4” layer of wood bark mulch. Perennials and groundcover areas shall be mulched with a 4” layer of shredded bark mulch. No fabric to beinstalled on this project (do not add any to shrub beds, ornamental grass, perennial or groundcover areas).7. Prior to installation of plant materials, areas that have been compacted or disturbed by construction activity shall be thoroughly loosened; organic soil amendments shall be incorporated at the rate of at least three (3) cubic yards per 1000 square feet of landscape area in all turf and shrub beds. Incorporate only 1.5 CY in seed areas. 8. All lawn areas will be sodded with a fescue blend. Perimeter seed areas to be Low Grow Seed Mix as per Arkansas Valley Seed or equal. Drainage channel to be seeded with wetland seed mix.9. All landscape (plant materials and grass) will be irrigated with an automatic system. Turf areas will have a spray zone. Plants with like water requirements are shown together in order to have an efficient use of water. See Irrigation Plans for detailed information. (to be completed during Tec Docs).10. Contractor shall verify all material quantities prior to installation. Actual number of plant symbols shall have priority over the quantity designated.11. Refer to the City of Boulder Design and Construction Streetscaping Standards for all work within public areas, including tree protection standards. The developer will make every effort possible to protect trees within the site using the same standards.Neenah Foundry Extended Tree Grate: R8806-1A#13.24.16COB RESPONSES#26.30.16MINOR MOD.#37.30.16MINOR MOD. #2STRING LIGHTS - NOVELTY LIGHTS - G8, G12, G30 - CLEAR AND FROSTED BULBS, BLACK WIRE, 5-7 WATT MAX. LUMENS < 50TREE GUARDROUND, METAL TREE GUARD FOR STREET TREESOoutside lalandscape architecture +urban design +planningboulder / steamboat springsp: 303.517.9256f: 970.367.5180osla@me.comOUTDOOR STRING LIGHTS WIRE FOR VINES#48.04.16MINOR MOD. #3PROVIDE WIRE GRID (4” O.C.) ON FENCING (VERTICAL AND HORIZONTAL) WITH EYE-HOOKS AT TOP AND BOTTOM OF WALL. #58.08.16MINOR MOD. #4ADR2016-001618/12/2016Attachment B - Management Plan and Approved PlansAgenda Item 4A Page 26 of 52
caddis architecture, planning, etc.
1510 Zamia #103 Boulder, CO 80304 tel 303.443.3629 info@caddispc.com www.caddispc.com
Travel Demand Management Plan
Date: 11.16.2015
Project: River and Woods Restaurant
2328 Pearl Street
Boulder, CO 80302
Regarding: Non-conforming Use Review LUR2015-00087
The site has housed a restaurant for about 40 years, since 1975. It’s located in a transit rich pedestrian centered part
of town, and has the benefit of strong neighborhood context whose residents it will serve. The applicant is proposing
to add 1 van accessible parking on site, and further intends to add 16 bike-parking spaces, 8 of which meet the
criteria for “long-term bicycle parking”. The below points support this.
Transit Rich Location: Access to mass transit is excellent. On Pearl, the HOP runs frequently. Canyon has the
BOLT and 205 routes, 10 minutes away on foot. The 204 travels on 20th Street, a 5 minute walk. The Skip and
others on Broadway as well as the Transit Station are around a 15 minute walk away. 28th Street and the Transit
Village are a 10-15 minute walk away. Call-n-ride is also available. Access to mass transit will support both
employees and customers.
Employee Eco Pass Program: Taking advantage or the routes listed above, River and Woods will provide an
Ecopass for their employees for a minimum of three years after approval, and as long as the program exists in its
current form. Upon hire, we will also educate all employees on alternative modes of transportation.
Walkable Neighborhood: The Whittier neighborhood and downtown in general are very walkable and connected
neighborhoods. This restaurant hopes to serve those in walking distance as well as people who live further away.
The successful mixed-use neighborhood surrounding the property will support the employees as well.
Traveler Friendly Site Design: River and Woods will be improving pedestrian access to the site and upgrading
walking amenities adjacent to the building including lighting, adding an accessible ramp to the front entry and an
accessible route to the back patio, as well as improved paving and expanded landscaping. We will also be improving
and beautifying the alley's pedestrian environment and providing continuous maintenance to the site.
B-Cycle: There are two B-Cycle Stations nearby, at 20th and Pearl (1300 feet from site – a 5 minute walk) and at
Folsom and Pearl (500 feet from site – a 2 minute walk). Employees that don’t have their own bikes, will be
encouraged to use these stations to get around town if needed, further reducing the need for cars.
Bicycle Racks: By providing secure space for 16 bicycles, we are promoting and making it easy for both employees
and guests to ride instead of driving. Eight spaces are in the very front of the restaurant and another eight out back
on the outdoor patio which meet the long-term criteria. We are providing four times the required number of spots.
Bicycle Riders Guide: The applicant will provide a guide to commercial tenants that includes bike routes, locker and
rack locations, and other pertinent information.
Bus Riders Guide: The applicant will provide a guide to commercial tenants that includes information on how to read
a bus schedule, where to wait for the bus, and how to use the "bikes-on-buses" program.
Restaurant website links: The applicant will provide links to information on alternative modes of transportation.
Attachment B - Management Plan and Approved Plans
Agenda Item 4A Page 27 of 52
2 | Page
GO Boulder: The applicant will collaborate with Go Boulder, participate in travel behavior surveys, and provide
welcome kits to employees.
Available Street Parking: The applicant has completed a parking survey, executed by LSC Traffic Consultants,
which verifies sufficient street parking to support the proposed use, with 34 to 66 on street public spaces available
from 11am to 5pm. See Attachment F.
Parking Agreements with Neighbors: The applicant has secured an agreement with its neighbor to the east, BSW
Wealth Partners, for 19 spaces after 5pm and on weekends. Another 12 during daytime hours and 22 after 5pm and
weekend use will be available at OZ Architecture, one block to the west.
Incentives: We will periodically offer discounts and have contest prizes for customers who arrive by using alternate
modes of transportation. We will also be open and eager to receive suggestions from employees and the community
on how we can better foster and incentivize non-automobile travel to the restaurant.
HOP
204
TRANSIT
CENTER
205, BOLT
Attachment B - Management Plan and Approved Plans
Agenda Item 4A Page 28 of 52
Attachment B - Management Plan and Approved Plans
Agenda Item 4A Page 29 of 52
Attachment B - Management Plan and Approved Plans
Agenda Item 4A Page 30 of 52
Attachment B - Management Plan and Approved Plans
Agenda Item 4A Page 31 of 52
1
From: Gregory Adam Kass <gregoryadamkass@gmail.com>
Sent: Sunday, September 13, 2020 7:01 PM
To: Ferro, Charles <FerroC@bouldercolorado.gov>
Cc: Bergelin, Jonathan <BergelinJ@bouldercolorado.gov>; Pannewig, Hella <Pannewigh@bouldercolorado.gov>; Lisa
Hilmes <lhilmes13@gmail.com>; Matt Hayden <hayden@morp.holo.gy>; Krystin <krystinv@gmail.com>
Subject: Re: River & Woods
Hi Charles,
I hope you are well. Do you have any updates regarding staff getting a hearing on the Planning Board’s calendar?
Thanks for your assistance.
Greg
Gregory A. Kass, RN, JD
(201)‐919‐7474
GregoryAdamKass@gmail.com
NOTICE: The information contained in the above message is privileged and confidential information to be used solely by
the intended recipient. The reader is notified that any use, dissemination, distribution or copying of this communication
is strictly prohibited. If you have received this communication in error, please immediately notify the sender.
On Aug 27, 2020, at 7:12 PM, Ferro, Charles <FerroC@bouldercolorado.gov> wrote:
Hi Greg,
Thanks for the note.
Staff will work on a hearing date. Note that staff will need to prepare a memo to the board so, we’ll
need a bit of lead time. That said, I’m out of the office next week but, I’ll look into a Planning Board
hearing date when I return.
Charles
Charles Ferro, AICP
(Pronouns: He/Him/His) What's This?
Development Review Manager / Interim Comprehensive Planning Manager
<image001.jpg>
O: 303‐441‐4012
ferroC@bouldercolorado.gov
Department of Planning
1739 Broadway | Boulder, CO 80302
bouldercolorado.gov
Best,
Attachment C - Correspondence from Aggrieved Neighbors
Agenda Item 4A Page 32 of 52
2
From: Gregory Adam Kass <gregoryadamkass@gmail.com>
Sent: Monday, August 24, 2020 1:24 PM
To: Ferro, Charles <FerroC@bouldercolorado.gov>
Cc: Bergelin, Jonathan <BergelinJ@bouldercolorado.gov>; Pannewig, Hella
<Pannewigh@bouldercolorado.gov>; Lisa Hilmes <lhilmes13@gmail.com>; Matt Hayden
<hayden@morp.holo.gy>
Subject: River & Woods
External Sender
Hi Charles,
Thanks for giving Matt Hayden and I a chance to speak at the last Planning Board meeting. I am writing
to follow up about two issues. First, I’d like to schedule hearing. Second, I’d like to obtain immediate
but temporary relief before a hearing takes place due to the continuing nature of this highly intrusive
problem.
Hearing:
As I attempted to request during the last few seconds of my allotted time, is it possible to schedule a
hearing under code section 9‐2‐11(b) (Request for Planning Board Hearing for Failure to Comply with the
Development Agreement) for the next meeting? I am sorry I failed to cite the applicable code section or
make this more explicit during my public comment.
How can we, the neighbors, best prepare for the hearing? Must we declare our requested relief in
advance, submit proposed conditions or modifications, or otherwise submit a formal brief of some sort?
Immediate Relief:
In the mean time, is it possible we can have a staff member from the Planning Board get the restaurant
to cut down the number of performances from 7 performances per week to a number that at least
arguably complies with their site plan, which states that musical performances will be ‘periodic’ and not
a ‘concert venue’?
We are fully aware that voluntary compliance may not be possible and administrative action may be the
only option with regard to these owners because despite their original promise to not operate a music
venue, the restaurant built a stage, has hired a music promoter, charges a nightly cover fee, and
Attachment C - Correspondence from Aggrieved Neighbors
Agenda Item 4A Page 33 of 52
3
advertises themselves as a music venue. Never‐the‐less, we’d appreciate any peace and quiet we can
get before our hearing.
You mentioned at the meeting that you visited the restaurant and made two observations. First, the
decibel level was compliant with the town’s ordinance (at least during the day and at the time you
measured it). Second, you remarked that the number of performances was not ‘periodic’. When you
visited the restaurant, did the owners have an opinion about the definition of ‘periodic’ in this context?
Requests:
We’ve been begging Josh Dinar, one of the restaurant’s owners, to stop operating a full‐time concert
venue in our backyard for months. Unfortunately, he has refused.
If at all possible, we would like to schedule a hearing to establish their non‐compiance with their
approved site plan and either impose conditions in compliance with the original plan or revoke the noise
portion of their site plan and require resubmission of a more specific noise plan after gathering
community input. In the mean time, we welcome any relief you may be able to provide until our
requested hearing.
Thanks for your help.
Greg
Attachment C - Correspondence from Aggrieved Neighbors
Agenda Item 4A Page 34 of 52
1
Bista, Shabnam
‐‐‐‐‐Original Message‐‐‐‐‐
From: Matt Hayden <hayden@morp.holo.gy>
Sent: Tuesday, August 18, 2020 1:12 PM
To: boulderplanningboard <boulderplanningboard@bouldercolorado.gov>
Subject: Some material for the Aug 20 planning board meeting
External Sender
Hello,
I'm submitting these PDFs for the agenda for Thursday night.
‐ 2328_Pearl_excerpt.pdf is a few pages of the land use plan for the restaurant River & Woods. This includes the
variance for noise.
‐ The River & Woods August concert calendar shows continual preparation as a live music destination.
‐ When not open, River & Woods contracts as an outdoor performance and recording space. The attached photo is a live
amplified band playing while the restaurant was closed.
If we have a chance to speak, we'd like to begin the process of challenging the noise variance. Over time, the
restaurant's relief from the noise ordinance no longer fits their intentions as stated to the board in their land use plan.
Thanks,
Matt Hayden
Attachment C - Correspondence from Aggrieved Neighbors
Agenda Item 4A Page 35 of 52
Attachment C - Correspondence from Aggrieved NeighborsAgenda Item 4A Page 36 of 52
Attachment C - Correspondence from Aggrieved Neighbors
Agenda Item 4A Page 37 of 52
1
Bista, Shabnam
From:Gregory Adam Kass <gregoryadamkass@gmail.com>
Sent:Monday, October 19, 2020 11:41 PM
To:Bista, Shabnam
Subject:River & Woods Memorandum
Attachments:R&W Parking.pdf
External Sender
Hi Shabnam,
Thanks for calling me this afternoon. I enjoyed talking to you and I sincerely appreciate your service to the
community. As promised, I am forwarding a few items that I drafted.
The first item is a memo I wrote to the Planning Board. This document has a bulleted list of facts that Mr. Dinar does not
dispute. As I said on the phone, we both agree about the facts. The only contested issue for the hearing is whether his
conduct is in violation of the terms of his use review. I quote the use review in this document.
The second item is a memo I wrote to the Beverage Licensing Authority. This memo has many of the same arguments as
the memo to the Planning Board but it includes specific violations of River & Woods’ Beverage Application. This
document has pictures of the illegal bar trailer. As I said on the phone, the BLA made River & Woods stop serving
alcohol out of this unlicensed space the day after I submitted the letter.
The third item is a letter I drafted on behalf of my neighbor regarding River & Woods’ violation of their use agreement
pertaining to their accessible parking space and unloading zone. If possible, I would like your memo to include the
accessible parking space/unloading zone issue so it can be litigated at their hearing on November 5th. This document
also has attachments, including pictures. I do not have my neighbor’s permission to reproduce this letter so please do
not forward it or make it part of the official record. However, you may use any part of it (minus the sentences written in
first person).
The fourth and final item is merely a recommendation. Feel free to go to
https://www.riverandwoodsboulder.com/calendar. There, you can toggle between prior months to verify that they
were hosting 7 concerts per week. It looks like they erased the calendar prior to June 12 but from June 12 to the
present looks accurate.
Sorry for the document dump! I hope you find at least some of this stuff helpful. Feel free to make them sound more
neutral and copy/ paste as much of my writing as you’d like. Most of this stuff is pretty straight forward so there’s no
reason to reinvent the wheel.
Feel free to call, text, or email me if you have any questions of if I can help you locate other documents. I am very
familiar with all of their submissions to the town and I’m happy to help you locate documents or verify factual claims.
Warmly,
Greg
Gregory A. Kass, RN, JD
(201)‐919‐7474
Attachment C - Correspondence from Aggrieved Neighbors
Agenda Item 4A Page 38 of 52
2
GregoryAdamKass@gmail.com
NOTICE: The information contained in the above message is privileged and confidential information to be used solely by
the intended recipient. The reader is notified that any use, dissemination, distribution or copying of this communication
is strictly prohibited. If you have received this communication in error, please immediately notify the sender.
________________________________________________
________________________________________________
________________________________________________
________________________________________________
TO: Planning Board Members
FROM: Greg Kass (neighbor)
SUBJECT: River & Woods (restaurant), Persistent Non-Compliance with Use Review
DATE: 8/17/2020
Introduction:
My name is Greg and I have the misfortune of living behind the restaurant known as River & Woods. This restaurant has disrupted my
quiet enjoyment by hosting 7 live music events every week. This behavior is an obvious violation of their approved Use Review from
2016.
I am asking that this Board immediately enforce the terms of River & Woods' Use Review.
Part I will frame the relevant question that this Board is tasked with answering. Part II gives a brief answer to the question. Part III
highlights the relevant portions of the restaurant’s Use Review from 2016. Part IV is a list of facts that River & Woods does not dispute.
Part V explains how the Use Review is violated by the facts at hand. Part VI outlines my requested relief. Finally, Part VII serves as a
brief conclusion.
I. Question Presented:
1. Are the owners of River & Woods operating a "concert venue" and/or playing music that is not “periodic” in violation of their Use
Review?
II. Brief Answer:
1. Obviously Yes. River & Woods is in clear violation of their Use Review because they are operating a "concert venue" as evidenced
by them building a stage, utilizing a professional concert booking service, advertising a “regular music series,” charging a nightly cover
charge for entertainment, and hosting live music performances 6 nights per week (The restaurant is open 6 nights per week). In
addition, their live music is not “periodic.” Hosting a live concert every night that the restaurant is open runs afoul of even the most
generous definition of ‘periodic.’
III. The terms of River & Woods’ Use Review are abundantly clear.
The approved Land Use Review is accompanied by a Management Plan authored by River & Woods and their architectural firm. River
& Woods obtained approval from the Planning Department on January 27, 2016.
(https://documents.bouldercolorado.gov/WebLink/edoc/132822/Item%204A_Johns%20restaurant_LUR2015-
00087_2328%20Pearl%20St.pdf?dbid=0&repo=LF8PROD2) (Approval granted on pg 5). Their plan states that they do not intend to
create a "'concert venue’ of any kind or to promote ourselves as a live music destination.” Furthermore, the restaurant stated that they,
“…[A]nticipate the potential for periodic acoustic music in the backyard during summer months…” (pg 8, emphasis added).
IV. Undisputed Facts:
The following facts are not in dispute between the restaurant and the neighbors:
River & Woods is a restaurant located at 2328 Pearl Street, Boulder CO, 80304.
Attachment C - Correspondence from Aggrieved Neighbors
Agenda Item 4A Page 39 of 52
3
River & Woods is owned by Eat at Home, LLC.
Josh Dinar is a controlling member/manager of Eat at Home, LLC.
The property that Mr. Dinar leased at 2328 Pearl Street was previously the site of ‘John’s Restaurant.’
This property is zoned Mixed Use 3 (“MU3”).
Under the town code, ZERO live music is permitted on this property. (Boulder Municipal Code Section 9-6-1 prohibits “temporary
outdoor entertainment” which is defined in Section 9-16-1 to include “musical performances.”)
‘John’s’, the previous restaurant at this location, could not, and did not host any live outdoor music.
Mr. Dinar applied to the Planning Board for a non-conforming use which was approval on January 27, 2016.
Their approved site plan stated that they did not intend to create a “concert venue” and if any music was offered at all, it would be
“periodic.”
Mr. Dinar built a stage a few months after receiving Planning Board approval.
This stage was not in their site plan.
Mr. Dinar had the intention since at least 2016 to host a concert series using the unapproved stage. (“We’ve wanted to use our cool
little stage for a regular music series ever since we built it four years ago…” - Josh Dinar quoted by Kalene McCort for the Boulder Daily
Camera, Published June, 11, 2020, available at https://www.dailycamera.com/2020/06/11/river-and-woods-kicks-off-backyard-
barbecue-and-summer-concert-series/).
Prior to COVID-19, Mr. Dinar hosted live music events 4 out of 6 nights per week in addition to weekend weddings, bar mitzvahs, and
other events. (See Mr. Dinar’s recent letter to the Beverage Licensing Board where he says that prior to this summer, live music was
being played “Thurs-Sun” in addition to “private events.” Available at
https://documents.bouldercolorado.gov/WebLink/DocView.aspx?id=173732&dbid=0&repo=LF8PROD2&cr=1).
Currently, Mr. Dinar hosts live music events 6 nights per week, every week, with an additional concert on Saturday mornings. (totaling 7
concerts per week).
Mr. Dinar hired a concert booker to ensure that live music is played every night. (See Mr. Dinar’s interview with the Boulder Daily
Camera, “[Mr. Dinar] teamed up with entertainment booker Mike Ligon to ensure a rotating selection of acts take the stage this
summer.”) (See above link to full article).
River & Woods charges customers a cover fee every night in exchange for live music unless the customer explicitly opts-out and
chooses to sit on the patio in front of the restaurant. (Mr. Dinar calls this an ‘artist fee’.).
Mr. Dinar’s website advertises a “party every night of the week.”
At least four neighbors have been attempting to enforce the terms of the Use Review against Mr. Dinar and his restaurant BEFORE
COVID-19 and BEFORE Mr. Dinar changed from hosting live music 4 nights per week to 6 nights per week.
At least four neighbors have taken a variety of steps to enforce the terms of the Use Review against Mr. Dinar and his restaurant
including calling the police at least 5 times, calling Code Enforcement at least 4 times, writing formal letters to Code Enforcement
through the town’s portal, calling the restaurant’s phone and leaving messages, talking to Mr. Dinar in person, talking to restaurant staff
in person, messaging the restaurant via Facebook, submitting feedback through the restaurant’s on-line portal, and making public
comments at Planning Board meetings.
I, Greg Kass, told Mr. Dinar in March or April of 2020 that I did not believe he had permission to host live concerts every night.
At that time, I asked Mr. Dinar if he planned to comply with his existing obligations or whether he planned to carry on with his current
behavior, despite my protests, and hope that winter would arrive before the city shut down his concert series.
Mr. Dinar changed the topic and did not have a substantive response to my question.
Mr. Dinar plans to end his summer concert series on September 27.
V. The undisputed facts clearly show that River & Woods is in violation of their Use Review.
Mr. Dinar is (and has been) in clear violation of the terms of his Use Review and has no intention to conform his conduct to be in
compliance. Admittedly, I am not an expert in defining where periodic entertainment ends and a concert venue begins. However, I
believe the undisputed facts weigh in favor of the Planning Board finding that River & Woods is operating a ‘concert venue” in violation
of their Use Review. For one, it is extremely odd for Mr. Dinar to argue that he hired a concert booker if he were not hosting concerts.
Relatedly, Mr. Dinar is in violation of his Use Review for promoting his restaurant as a “live music destination.” He claims that he is not
promoting his restaurant as a “live music destination” while at the same time, advertising that he is hosting a live music party every
night of the week. It is impossible to reconcile these representations.
Finally, hosting a concert all six nights of the week that the restaurant is open is incompatible with any definition of “periodic.” Therefore,
the Planning should find that River & Woods violated the terms of their Use Plan and order relief.
VI. Requested Relief
I request immediate relief from the noise caused by River & Woods, an establishment that received approval for their non-conforming
use through a Use Review, approved by this Board on January 27, 2016. I kindly request that you immediately order:
a.) River & Woods cease their nightly live music performances and instead, permit no more than two live concerts per week consisting
of no more than one live concert per day, with no concert lasting longer than two hours in any given day. This is a fair and equitable
definition of “periodic."
Attachment C - Correspondence from Aggrieved Neighbors
Agenda Item 4A Page 40 of 52
4
b.) Take official notice that the first item of relief is a continuing obligation.
c.) In the alternative, River & Woods must cease their nightly live music performances until they provide this Board with a definition of
“periodic” that can justify live music concerts 6 nights per week.
d.) In the alternative, conduct a Planning Board Hearing for Failure to Comply with the Development Agreement (as authorized by code
section 9-2-11(b)). Even if Mr. Dinar states that he will close his restaurant or that he will not host another concert series without
community input, there is no current legal barrier to Mr. Dinar hosting weddings all winter, beginning another nightly concert series
when the weather gets warm, or opening a new restaurant in a new location and behaving in the same way. This issue needs to be
adjudicated on the record because it is capable of repetition and evading review.
VII. Conclusion
Mr. Dinar leased this property with the full knowledge that ZERO live outdoor entertainment was permitted. He promised the residential
neighbors and the city that his restaurant would comply with the spirit of the law while leaving open the possibility for occasional live
music. I view Mr. Dinar’s obvious violation of his Use Review to be an abuse of the neighborhood’s generosity and trust.
As previously stated, this restaurant’s violative behavior pre-dates COVID-19. A pandemic is not a carte-blanche license for
businesses (or anyone else for that matter) to skirt their existing legal obligations at the expense of their neighbors. Mr. Dinar is
attempting to use the pandemic as an excuse for actions that he had the intention of taking since at least 2016. This is shameful. For
the well-being of the nurse, veteran, public school teacher, PhD students, and information technology workers that live and work from
home in these apartments, please grant immediate relief for those that cannot afford to escape Mr. Dinar and his concert stage.
Thank you for your understanding and anticipated assistance.
Greg Kass
________________________________________________
________________________________________________
________________________________________________
________________________________________________
TO: BLA Board Members
FROM: Greg Kass (neighbor)
SUBJECT: River & Woods (restaurant), Unlicensed bar/ Noise complaints
Introduction:
My name is Greg and I have the misfortune of living behind the restaurant known as River & Woods. This restaurant has disrupted my
quiet enjoyment by hosting 7 live music events per week. When the music stops, I am disrupted by the noise from an un-licensed bar,
located in a trailer, which sits approximately 30 feet from my bedroom. This is all in violation of their liquor license application which
promises that live music will NOT be nightly. Their original liquor license application lacks any mention of their trailer-bar which
permanently sits on top of their accessible parking spot. These issues are also in violation of their approved Use Review which this
Board required before granting a Hotel/Restaurant license.
I am asking that the Board immediately enforce the terms of River & Woods' liquor license application and Use Review. This would
consist of prohibiting River & Woods from hosting nightly performances both this summer and into the future in compliance with the
promises they made on their beverage license application.
Part I will frame the relevant questions before the BLA. Part II gives a brief answer to these inquiries. Part III outlines my requested
relief. Part IV highlights the relevant portions of the restaurant’s beverage application. Part V discusses the relevant parts of the Use
Review which served as a prerequisite to obtaining a liquor license. Part VI describes how both the beverage application and Use
Review are violated by the facts at hand. Finally, Part VII will serve as a brief conclusion.
I. Questions Presented:
1. Are the owners of River & Woods operating a "concert venue" and/or playing music on a “regular” basis that is “nightly” and not
“periodic” in violation of their approved beverage application and mandatory Use Review?
Attachment C - Correspondence from Aggrieved Neighbors
Agenda Item 4A Page 41 of 52
5
2. Has there been an un-licensed bar at River & Woods since 2016, not on their licensed premises, that displaces their accessible
parking spot and loading/unloading zone which contributes to the nightly noise?
II. Brief Answer:
1. Yes. River & Woods is operating a "concert venue" as evidenced by their advertisements as hosting a “regular music series,”
charging a nightly cover charge for entertainment, utilizing a concert promoter, building a stage, and hosting live musical performances
6 nights per week (they are only open 6 nights per week). In addition, their concerts are “nightly.” Furthermore, their live music is not
“periodic,” regardless of whatever definition of ‘periodic’ is used because they host 6 musical performances per week. is not
‘periodic.’ These nightly concerts are in plain violation of both the Use Review and the beverage license application.
2. Yes. River & Woods parked a trailer in their loading/unloading zone and accessible parking spot in 2016. This was immediately
used as an alcohol service station. This ‘bar-trailer’ was not part of their original beverage application. Quite the opposite- the
beverage application states that the “accessible parking space and loading space [will] not be used for restaurant seating or service,”
and the accompanying map lists this specific area as, “not on licensed premises.”
III. Requested Relief:
I request immediate relief from the noise caused by River & Woods, an establishment that received a Hotel/Restaurant license on April
20, 2016. The problems related to noise are the direct result of the restaurant owner’s non-compliance with their Use Review. This
Use Review was the basis for their zoning approval which was required to apply for a beverage license. I kindly request that you
immediately order:
a.) River & Woods must remove their ‘bar-trailer’ from the un-licensed portion of their premises.
b.) Mandate that River & Woods cease their nightly live musical performances and instead, host “periodic” concerts if they so choose
to comply with their beverage application and Use Review (which prohibit “nightly” performances and mandate, “periodic”
performances, if any are offered at all). In practice, I request that River & Woods host no more than two live concerts per week
consisting of no more than one live concert per day, with no concert lasting longer than two hours in any given day. This is a fair and
equitable definition of “periodic."
c.) Take official notice that first and second items of relief are continuing obligations.
d.) Officially warn River & Woods that failure to comply with the first and second items of relief within 48 hours of receiving notice of the
outcome of this hearing could result in the loss or suspension of their beverage license.
IV. The Beverage Application
River & Woods is a restaurant located at 2328 Pearl Street. The BLA granted the restaurant a Hotel/Restaurant license on April 20,
2016. To receive a beverage license, the restaurant was required to submit a City Questionnaire. The questionnaire begins on page
430 of their application. (https://documents.bouldercolorado.gov/WebLink/DocView.aspx?id=132232&dbid=0&repo=LF8PROD2)
A.) Noise
The restaurant was asked, “What types of entertainment will be offered, if any, at this proposed establishment (i.e., music, pool, darts,
etc.)?” (pg 436, question 14). The restaurant answered, “There may be some live acoustic music, though it will not be offered nightly.”
(pg 338, answer 14, emphasis added).
B. Unlicensed Bar Trailer
As a prerequisite to issuing a beverage license, the BLA required the restaurant to submit a Zoning/Planning Confirmation Form as
proof that that the restaurant went through the Use Review. On the Zoning/Planning Confirmation Form, the applicant/owner, Josh
Dinar, wrote that, “Accessible parking space and loading space not to be used for restaurant or service area.” (pg 450).
Attachment C - Correspondence from Aggrieved Neighbors
Agenda Item 4A Page 42 of 52
6
The Zoning/Planning Confirmation Form requires a map of the premises. The southwest corner of the restaurant’s property (the lower
right portion of the attached map) is reserved as a loading area, an accessible parking spot, and designated buffer space for an
accessible van to unload its occupants. (see map on pg 451 for reference).
V. The Use Review
Under CRS 12-47-313 (1) (c), liquor licenses may not be granted if it is not permitted under applicable zoning laws. As such, River &
Woods was required to undergo a Land Use Review by the Planning Department before the BLA could issue them a liquor
license. River & Woods obtained approval from the Planning Department on January 27, 2016.
(https://documents.bouldercolorado.gov/WebLink/edoc/132822/Item%204A_Johns%20restaurant_LUR2015-
00087_2328%20Pearl%20St.pdf?dbid=0&repo=LF8PROD2) (Approval granted on pg 5).
The Land Use Review was conditionally approved subject to multiple restrictions related to noise, accessible parking, and a delivery
zone.
A.) Noise
The approved Land Use Review is accompanied by a Management Plan authored by River & Woods and their architectural firm. Their
plan states that they do not intend to create a "'concert venue’ of any kind or to promote ourselves as a live music
destination.” Furthermore, the restaurant stated that they, “…[A]nticipate the potential for periodic acoustic music in the backyard
during summer months…” (pg 8, emphasis added).
B.) Accessible Parking and Designated Delivery Zone
The approved Land Use Review contained multiple conditions. Chief among them, “The applicant shall provide on the Property one
van accessible motor vehicle parking space…” (pg 6, emphasis in original).
Similarly, the Management Plan states that the plans were revised to, “provide 1 van accessible on-site parking space…” (pg 7).
In addition to an accessible parking space, River & Woods was required to maintain a 5 foot buffer to be used for deliveries so that their
delivery trucks did not block the alley. Their Management Plan assured that Planning Department that, “Deliveries will be instructed to
never block access during the short time a truck might be present,” because the approved site plan boasts of a delivery zone that, “will
be 5 feet from the edge of the alley, creating enough clearance and avoid blocking access.”
VI. The undisputed facts show that both the Beverage Application and the Use Review are clearly violated by the restaurant
owner’s conduct.
A.) Noise
Josh Dinar’s letter to the BLA in anticipation of this meeting admits to hosting live music concerts 6 nights per week. (Response letter
from Josh Dinar dated 10/13/2020,
https://documents.bouldercolorado.gov/WebLink/DocView.aspx?id=173732&dbid=0&repo=LF8PROD2&cr=1). The restaurant is open
6 nights per week. This violates the restaurant’s BLA application which promises that music will not be, “nightly.” Hosting live music 6
out of 6 nights that the restaurant is open is ‘nightly.’ In addition, 7 performances taking place 6 nights per week violates the Land Use
Review because an event cannot take place every night that a business is open and still be considered, “periodic.” Mr. Dinar’s nightly
concert series would violate any definition of “periodic.” These violations can stand on their own and provide sufficient grounds to
obtain an immediate remedy.
To boot, Mr. Dinar’s letter to also admits to violating both the BLA application and the Land Use Review before the business
experienced any negative effects of COVID-19 when he states that prior to this summer, live music was being played “Thurs-Sun” in
addition to “private events.” Once again, by any definition of “periodic,” 4 nights of live music in addition to special events is not periodic
entertainment. It is consistent and regular.
Attachment C - Correspondence from Aggrieved Neighbors
Agenda Item 4A Page 43 of 52
7
To his credit, Mr. Dinar’s contention that he is not operating a “concert venue” in violation of his BLA application is a closer
issue. However, Mr. Dinar does not dispute the following facts:
- A few short months after opening his restaurant in 2016, he built a stage in the backyard.
- The stage was not included in the original plans submitted to the BLA or the Zoning/Planning Commission.
- From at least 2016, Mr Dinar had the intention to host a concert series on his stage. (“We’ve wanted to use our cool little stage for a
regular music series ever since we built it four years ago…” - Josh Dinar quoted by Kalene McCort for the Boulder Daily Camera,
Published June, 11, 2020, available at https://www.dailycamera.com/2020/06/11/river-and-woods-kicks-off-backyard-barbecue-and-
summer-concert-series/)
- The restaurant charges a ‘musician fee’ to patrons every night of the week although oddly, Mr. Dinar disputes that this is a ‘cover
charge’. (American Heritage Dictionary of the English Language, 5th, Ed., definition of ‘cover charge: ”A fixed amount paid when
arriving or added to the bill at a nightclub or restaurant for entertainment services.”)
- The restaurant hired a concert booker/ promoter
Although I am not an expert in defining where periodic entertainment ends and a concert venue begins, I believe the previous
undisputed facts weigh in favor of the BLA finding that River & Woods is operating a ‘concert venue.” It is extremely hard for Mr. Dinar
to argue that he hired a concert booker if he were not hosting concerts.
Finally, River & Woods is in violation of their Site Plan for promoting themselves as a “live music destination.” Mr. Dinar admits as
much in his recent interview with the Boulder Daily Camera. River & Woods “teamed up with entertainment booker Mike Ligon to
ensure a rotating selection of acts take the stage this summer.” (See link to article above). Furthermore, the restaurant’s website
boasts of a, “socially distanced party every night.” (Riverandwoodsboulder.com) On the home page to the restaurant’s website, the
main banner says, “Colorado Comfort Cuisine” and beneath it, “Live Music — Cold Drinks — Good Food.” It is impossible for Mr. Dinar
to hire a concert booker/promoter, use the local press to advertise his concert series, and then plausibly tell the neighbors and the BLA
that he has not created a “live music destination” in violation of his Site Plan.
In sum, the ‘concert venue’ clause might be in dispute but there is no room for argument as to whether River & Woods is hosting
“nightly” music in violation of the restaurant’s liquor license. Likewise, hosting a concert all six nights of the week that the restaurant is
open is incompatible with any definition of “periodic.” Therefore, the BLA should find that River & Woods violated the terms of their Use
Plan and City Questionnaire (which is part of their beverage license).
B.) Unlicensed Bar-Trailer
The presence of a bar-trailer on the restaurant’s property line contributes to the amount of noise experienced by adjacent
apartments. Mr. Dinar does not live behind the bar-trailer so he is a poor judge of how much disruption this causes. According to the
BLA application and Use Plan, this bar-trailer should be located at least 20 feet further from our home that it currently is. To be sure,
both the Site Plan and map attached to the BLA application show that next to the alley, there should be a 5 foot buffer for deliveries, an
8 foot deep accessible parking spot, and another 8 foot deep area for the accessible van to unload occupants. (adding up to a total of
20 feet). Abiding by this approved plan will help mitigate the noise and commotion.
To resolve any doubt about the existence of the trailer, the impermissible placement of the trailer, and the fact that it has been used to
serve alcohol since September of 2016, please see the attached photos at the end of this letter.
The first photo shows the trailer, frequently left with the door open, abutting the alley, on top of the accessible parking space, on the
southeast corner of the property.
The second photo shows the liquor collection through the open door in the trailer. This photo was taken by one of my neighbors who
was standing in the alley.
The third photo shows that the trailer has been in existence and used as a bar since September of 2016. This photo was taken from
the restaurant's publicly facing Instagram account.
Attachment C - Correspondence from Aggrieved Neighbors
Agenda Item 4A Page 44 of 52
8
The fourth photo shows that the bar is being used to serve intoxicating liquors. Once again, this photo was taken from the restaurant’s
publicly facing Instagram account.
The BLA required River & Woods to submit a map to supplement their Zoning/Confirmation Form. (pg 461
https://documents.bouldercolorado.gov/WebLink/DocView.aspx?id=132232&dbid=0&repo=LF8PROD2). The map explicitly states in
original blue ink that the southeast corner of the property is, “not on [the] licensed premises.” As the pictures below clearly
demonstrate, this bar-trailer is located on the un-licensed premises and is therefore, impermissible.
VII. Conclusion
It is possible that River & Woods has permission from either the BLA, the Planning Commission, or both to host concerts every night of
the week and to park a bar-trailer on top of the designated accessible parking spot that abuts the neighboring apartments. If River &
Woods has undergone a subsequent Use Review or beverage license certification that grants them such permission, I offer my
sincerest apologies to the BLA and to the owners of River & Woods for wasting everyone’s time. In the absence of such permission, I
kindly request that the BLA live up to its statutory duty and immediately enforce the terms and conditions of its beverage application, as
written.
A pandemic is not a carte-blanche license for businesses (or anyone else for that matter) to skirt their existing legal obligations at the
expense of their neighbors.
It is deeply troubling that Mr. Dinar notes in his letter to BLA that, “If we had in any way felt that there was a neighborhood consensus
about the music, we would have ceased it.” This business made a promise to the neighborhood when they moved in. Even if a single
neighbor wanted to enforce that promise, that should be sufficient. The rights of neighbors were already pre-determined when the BLA
issued a beverage license to this business. Those rights are not subject to an ex post facto vote, administered by the restaurant owner,
based on his subjective impression of what the neighborhood (where he does not reside) wants and needs.
Mr. Dinar leased this property with the full knowledge that ZERO live outdoor entertainment was permitted. The restaurant’s zone is
labeled as “Mixed Use 3” (MU3). The Boulder Municipal Code Section 9-6-1 prohibits “temporary outdoor entertainment” which is
defined in Section 9-16-1 to include “musical performances.” John’s, the previous restaurant at this location, could not, and did not host
any live outdoor music. River & Woods promised the neighbors the “potential” for “periodic” music that would never be “nightly.” I view
their gradually expanding concerts and parties over the past 4 years which culminated in the current and obvious violation of their
liquor application and Use Review to be an abuse of the neighborhood’s generosity and trust.
It is no mystery that Boulder lacks affordable housing. The apartments behind this restaurant are one of the last bastions of affordable
housing in city limits which are not surrounded by undergraduate students. For the well-being of the nurse, veteran, public school
teacher, PhD students, and information technology workers that live and work from home in these apartments, please immediately
enforce the BLA’s own regulations against River & Woods to keep this neighborhood livable for those that cannot afford to escape.
Thank you for your time and anticipated understanding.
Greg
Attachment C - Correspondence from Aggrieved Neighbors
Agenda Item 4A Page 45 of 52
9
Attachment C - Correspondence from Aggrieved NeighborsAgenda Item 4A Page 46 of 52
11
Attachment C - Correspondence from Aggrieved Neighbors
Agenda Item 4A Page 47 of 52
12
Attachment C - Correspondence from Aggrieved Neighbors
Agenda Item 4A Page 48 of 52
River and Woods 303.993.6301 (restaurant)
2328 Pearl Street ★ Boulder, Colorado ★ 80302 ★ www.riverandwoodsboulder.com
October 20, 2020
RE: Neighbor Complaint and Approved Use, Planning Board
Dear Planning Board,
Our mission as a restaurant is to enhance the community, and so it truly troubles us that our
operations this summer disturbed a neighbor in any way. This year, as you know, has been a
unique one for the restaurant industry. Operations at River and Woods have remained in place
without change since we opened in September 2016—until mid-March this year, when we were
forced to close down completely. The planning board has requested a written statement of our
operations over the past few months, so I thank you for indulging us the opportunity.
In a single day in mid-March 2020, we had to furlough most of our staff and completely change
our business model, virtually overnight. Our revenue decreased instantly by over 80%. For
nearly three months, those of us left in the restaurant worked 80-hour weeks, feeding our staff
and their families in need on a daily basis, making meals for frontline workers, and worrying
over our health and the health of our families and our staff, which is like another family to us.
While everyone around us stayed safe at home, we packed grocery bags for our community and
handed out toilet paper and staples to our regular guests. We all have kids at home, and our
chef’s wife was 8 months pregnant at the time. Bills piled up. We were sure we were going to
lose the restaurant.
Thanks to the SBA payroll loans, we were able to re-open on June 1, after closing down entirely
for 2 weeks to prepare for it, re-hire a staff, implement new technology, apply for expanded
seating through Boulder’s temporary modification program, build a temporary patio by hand,
re-arrange the dining room and outdoor space for social distancing, purchase PPE, train staff on
new health procedures, move the kitchen to our outdoor space and revamp the entire menu to
accommodate this safety measure. We, as owners, did all of this on a volunteer basis as the
business continued to burn through the federal loan and the cash reserves we’d built over the
prior 3 years.
Our restaurant is generally a popular location for private summer events such as small weddings
and rehearsal dinners because of our backyard area seating. This summer, all of these events
were cancelled due to health requirements. We returned thousands in deposits and crossed
hundreds of thousands in expected revenue off the ledger.
Attachment D - Written Statement from Josh Dinar, Owner of River and Woods
Agenda Item 4A Page 49 of 52
River and Woods 303.993.6301 (restaurant)
2328 Pearl Street ★ Boulder, Colorado ★ 80302 ★ www.riverandwoodsboulder.com
Which brings us to our decision to celebrate a re-opening of the restaurant community for the
summer with a change in programming. We have a regular guest who represents a number of
talented professional musicians, all of whom found themselves out of their usual summer work
this year as well. We worked with this guest to line up a series of acoustic artists—usually solo,
never more than two, except on two occasions (when there were 3), never percussion—to play
evenings from 5:30-6:30 and 7:45-8:45, Tues-Sun. We added an artist fee to guest checks,
which allowed us to pay the musicians. Not that it matters, but it bares saying that we passed
along all proceeds from these fees to the artists and agent. In fact, we often made the dark joke
that the musicians were like the band playing on the deck of the Titanic.
The music and temporary modification of premises is the only operational change of note made
this summer. In prior summers, we had “periodic music” (it was brought to our attention that
this is the language we used in our approved use). Traditionally we’d had music about three
nights a week and at periodic private events. We did not expand our hours this summer. We
recognize that we are in a mixed-use area, and we were cognizant of reasonable sound limits,
even before we learned of a neighbor’s frustration.
The neighbor that ultimately contacted us directly is Greg Katz. We spent much time personally
talking to Mr. Katz, on the phone, in person and via text, in an effort to make sure that we were
doing everything we could to accommodate him. These are the steps we took in the course of
those conversations:
1. We had begun the summer doing one night a week of live comedy. This particularly bothered
Mr. Katz, so we cancelled the entire series.
2. We limited amplification to a single speaker and turned the volume down to the lowest level
possible.
3. We moved the speaker to a far end of the outdoor area, and checked the volume level at that
neighbor’s property during each show.
4. We worked with police officers that were called on several occasions during artist
performances (each time by Mr. Katz) and confirmed with them that noise levels were well
within the “reasonable person” standard.
5. We set our standard internally as a level where a table sitting anywhere in the yard could
have a normal conversation without raising voices at all.
6. On request of Mr. Katz, we trialed completely unplugging amplification to see if this would
work. Unfortunately, it was so quiet then that it was inaudible to guests, and not worth it for
the artists.
Attachment D - Written Statement from Josh Dinar, Owner of River and Woods
Agenda Item 4A Page 50 of 52
River and Woods 303.993.6301 (restaurant)
2328 Pearl Street ★ Boulder, Colorado ★ 80302 ★ www.riverandwoodsboulder.com
7. Lastly, Mr. Katz informed us that he was studying for the bar, and because of Covid, had lost
his ability to study outside of his apartment. We went as far as providing a private office for
him to use at his leisure so that he could study and/or work without being disturbed.
Mr. Katz agreed to the office space and indicated that this was an appropriate compromise. He
requested complete silence in the days before his actual exam and we canceled the shows
because of this request.
We were under the impression that the matter had been settled for the summer until we
received notice from the BLA that a complaint had been filed, which is also when we learned
that two other tenants in that building were bothered by the music.
The police sergeant (Robin Holdstock) who was originally working to mitigate the concern advised
us, before we made any of the concessions listed above, that we should continue with the
program as it was while he checked with the city attorney as to what we were allowed to do.
(Email string attached to this response.) We never heard back after this until notification of the
formal complaint, again indicating that we had satisfied Mr. Katz.
To be clear, we are not and have never been a “music venue.” We are a full service restaurant
that has offered live music, and only for this single season. We have had zero bar seating or walk-
up bar service since the pandemic began. No reasonable person who has been to our restaurant
would describe the environment as anything other than completely mellow. There is just no
“grey” in that description—it has never once even veered towards rowdy.
We have not heard a single complaint from the neighbors directly to the south of the property,
from any of the condos to the southwest, or from any of the condos on the western property
line.
Lastly, the music series is over, and has been since mid Sept, as planned. It was not meant to be
an ongoing event, but just a special way to get through these incredibly challenging and unique
times. We do not currently plan to revisit it next season, assuming we make it to next season.
We believe that we are being as responsible and reasonable as possible given a desire to provide
a community amenity, and certainly are not knowingly violating any law or tenet of our approved
use.
Our sincere hope is that the Board looks at the four-year history of River and Woods—our very
active community involvement, our ongoing charitable contributions, our commitment to
Attachment D - Written Statement from Josh Dinar, Owner of River and Woods
Agenda Item 4A Page 51 of 52
River and Woods 303.993.6301 (restaurant)
2328 Pearl Street ★ Boulder, Colorado ★ 80302 ★ www.riverandwoodsboulder.com
sustainability and positivity and inclusive culture, and our (truly) tireless efforts to do our part
to make Boulder a better place to live, and come to a reasonable conclusion. The fact of the
matter is that we are proud of what we did this summer: we made thousands of people a little
happier, providing a uniquely Boulder experience in a responsible way; we paid local farmers
for good food and returned our staff to a means of employment; and we did our honest best to
reasonably compromise with what we thought was a single neighbor; and we, as owners did it
without any hope of compensation. We opened this restaurant to show our kids what it means
to be a part of a community. There’s not much we would change.
In full transparency, though, we are exhausted, and we are on the financial brink, particularly
going into the most uncertain winter of our lives. If this hearing results in further economic
hardship, we very well may not have it in us to continue. The result of this very real possibility is
that our independent landlords, who have struggled to keep the property as a piece of their
own legacy, will be without a tenant, our staff of 30+ will be without jobs, our mostly local,
independent vendors will be without another customer, and the city will be without almost
$200,000 in sales tax revenue.
My wife Kate and I have lived in Boulder for over two decades. We co-founded Boulder’s
Restaurant Week (First Bite Boulder), have sat on multiple boards, have volunteered our time
and money in the community, and raised our kids here. What I can say with absolute certainty
is that we have run this business with all of our integrity and heart, and always, at the very
least, in the spirit of our original written mission and approved use.
So thanks for giving me the opportunity to say all that. My hope is that we’re given the chance to
recover and to visit whatever issues may arise with logic and reason, because there’s no more
hardship we can endure.
Many thanks for your service, ear and consideration,
Josh Dinar
josh@riverandwoodsboulder.com
Attachment D - Written Statement from Josh Dinar, Owner of River and Woods
Agenda Item 4A Page 52 of 52