Disposition of Approval & Application Packet BOZ2021-01 3093 Broadway
N O T I C E
FINDINGS AND DECISION OF THE CITY OF BOULDER BOARD OF ZONING
ADJUSTMENT DISPOSITION OF ZONING CASE
DOCKET NUMBER BOZ2021-01
CONCERNING THE APPLICATION FOR A SETBACK VARIANCE REQUIREMENTS OF SECTION 9-7-1,
B.R.C. 1981 AT 3093 BROADWAY, BOULDER, COLORADO OF JONATHAN SMITH, WHOSE MAILING
ADDRESS IS 3093 BROADWAY, BOULDER, COLORADO 80304.
On February 11, 2021, the City of Boulder Board of Zoning Adjustment, a quorum being present, held a public
hearing, after giving notice as required by law, on the application for the following variance:
As part of a proposal to replace storm-damaged decking and stairs at the single-story commercial building’s main
entrance, the applicant is requesting a variance to the front (east) yard setback requirements for a principal structure
in the RH-2 zoning district. The resulting east setback will be approximately 15.85 feet where 25 feet is required and
approximately 15.79 feet exists today. Section of the Land Use Code to be modified: Section 9-7-1, BRC 1981.
Based on our field investigation and the relevant testimony, exhibits, and other evidence introduced at the hearing,
and in accordance with the applicable provisions of the Boulder Revised Code, 1981, we find by a preponderance of the
evidence that the criteria for granting a variance have been met, and grant the variance as requested:
This variance is limited to the use and structure for which it was requested, including the location on the lot and
maximum height, as approved by the Board of Zoning Adjustment.
This variance was approved by the vote of 4-0 (E. Prentiss absent).
EXECUTED this 11th day of February 2021, effective as of, February 11, 2021.
J. Lester, Presiding Officer of the Board at the Meeting
By: ____________ _________________________
Robbie Wyler, Secretary to the Board of Zoning Adjustment
This decision constitutes a final decision as of the date of the hearing at which it was reached. If a variance was granted,
the variance expires within 180 (one hundred eighty) days from the date on which it were granted unless a building permit
for such variance is applied for within such period.
CITY OF BOULDER
Planning and Development Services
1739 Broadway, Third Floor • P.O. Box 791, Boulder, Colorado 80306-0791
phone 303-441-1880 • fax 303-441-3241 • email plandevelop@bouldercolorado.gov
www.boulderplandevelop.net
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ShelterLab Architecture LLC
1035 Cook Street ~ Denver, Colorado 80206
January 7th, 2021
Board of Zoning Adjustment
City of Boulder
1777 Broadway
Boulder, Colorado 80302
Re: 3093 Broadway, Boulder, CO 80304; Permit # BLD-NRE2020-00217
Dear Members of the Board,
I am writing to describe the circumstances of the variance request for the above-
referenced property. The existing building is a 1-story mixed use structure zoned RH2,
housing a dental office on the main floor and a dwelling unit in the basement. The
building was originally constructed in 1976 for office, retail, and personal service uses,
and was approved in 1990 to have dental/medical offices added as approved uses.
Throughout the building’s history, a deck and stair has been located on the east side
[front] of the building, from the main floor to grade, encroaching on the property’s 25’
front setback. The original deck & stair was damaged in the September 2020 storm, and
this proposal seeks to permission for a replacement occupying roughly the same space
but configured slightly differently.
The building itself is 29’ from the front property line, and is surrounded by a retaining
wall providing a walkout from the basement level, which on the front of the building is
some 9’ east of the building’s east wall. Because the deck and stair must project from the
wall of the building in excess of 9’ in order to clear the walkout, it is not possible to
construct them without encroaching on the setback, which falls roughly at the middle of
the walkout area. The original deck and stair encroached approximately 9’-3” into the
setback, and the replacement encroaches approximately 9’-2”.
With respect to the Criteria for Variances, we believe that these conditions satisfy the
requirements of Paragraph (1)—Physical Conditions or Disability. Specifically, the
presence of the basement walkout, which has existed since the building’s construction,
manifests unusual physical circumstances peculiar to the affected property. This
condition is not one that exists throughout the neighborhood or zoning district. As
mentioned above, its presence prevents construction of a deck and stair in conformity
with the setback, and this hardship dates to the original development of the building, far
predating both this proposal and the applicant’s ownership of the property.
Further, with respect to Paragraph (5)—Requirements for All Variance Proposals, we
believe that all conditions are satisfied. The proposal would not alter the essential
character of the neighborhood or district—it is a replacement of an element which has
long been a part of the neighborhood. If fact, if you review the 1990 Planning Board
Special Review document attached to this application for your information, you will note
BOZA Disposition of Approval Page 7 of 25
2
that one original condition of the permission for the building was that it maintain a single-
family residential appearance, with the deck and stair as an element of that. Additionally,
the proposal would not impair the reasonable use and enjoyment or development of the
adjacent property in any way; it in fact encroaches a slightly smaller distance than the
configuration it replaces; and has no effect at all on solar access.
For all of these reasons, we believe that the granting of a variance is appropriate, and
hope that you will agree. We look forward to addressing any further questions you may
have in that regard.
Best regards,
ShelterLab Architecture LLC
Dean Lindsey AIA, LEED AP
Manager
BOZA Disposition of Approval Page 8 of 25
NOV 0 1 1990
MEMORANDUM AGENDA ITEM #113
October 25, 1990
TO:Planning Board
FROM:John Fernandez, Director of Current Planning
John R. Hinkelman, Staff Planner
SUBJECT: Public hearing and consideration of a request for Special Review #SR-90-15
to add medical/dental as an additional use category for the subject property
located at 3093 Broadway.
Applicant: Steve Montgomery
I.STATISTICS
Proposal:Add medical/dental use to the existing approved uses of office.
retail and personal services.
No variations to the Land Use Regulations are requested.
Location:3093 Broadway (southwest corner of Evergreen Ave. and
Broadway Ave.).
Size of Tract:12,897 square feet.
Existing Zoning: HR-E (High Density Residential-Established).
Comprehensive Plan:High Density Residential
II. KEY ISSUES
A.Does the medical/dental use provide direct service or convenience to the
surrounding uses or neighborhood?
B.Are the location, size, design and operating characteristics of the proposed
development such that the use will be reasonably compatible with and have
minimal negative impact on the use of nearby properties?
C.Will the additional use change the predominant character of the surrounding
area as intended under the zoning district?
BOZA Disposition of Approval Page 9 of 25
NOV 0 1 1990
Memo to Planning Board - 10/25/90 Page 2
Re: Montgomery Special Review
III. BACKGROUND AND PROJECT DESCRIPTION
A. Site Location
The site of the requested Special Review is the southwest corner of Evergreen
Avenue and Broadway Avenue.
B.Special Review Request
The Special Review request is for an additional use category to include
medical and dental clinics to the already approved uses of office, retail and
personal services at this location. The subject property has been occupied b)
personal service offices, a beauty shop, a wholesale beauty supply company
and other similar uses since 1976.
Medical/dental clinics located in an HR-E zoning district are allowed on] b
special review. No other variations to the land use regulatiuns are requested.
IV. ANALYSIS
This property has a previously approved Special Review in 1976 (#SR-76-7)
for the office, retail and personal service uses. The primary discussion and focus in
1976, were to limit the uses to those that were neighborhood-oriented. Another issue
and a concern to the residents of the neighborhood was to have the building
constructed to look more like a single family structure than an office building.
Staff analysis of how this proposal meets the special review criteria is
presented in two formats. The first is an analysis of the most applicable criteria for
this request found in sections A, B and C. The second is the special review criteria
checklist (attached). The focus of this discussion is on the impacts of the additional
uses proposed and whether they will be compatible with nearby properties.
A. Does the medical/dental use provide direct service or convenience to the
surrounding uses or neighborhood?
The additional use of medical/dental clinic service could like many such
clinics, provide direct service to the nearby neighborhoods and most certainly
will provide convenience to the neighborhood due to its proximity to various
types of residential and business uses.
BOZA Disposition of Approval Page 10 of 25
NOV 0 1 1990
Memo to Planning Board - 10/25/90 Page 3
Re: Montgomery Special Review
B.Are the location, size, design and operating characteristics of the proposed
development such that the use will be reasonably compatible with and have
minimal negative impact on the use of nearby properties?
The area surrounding the site has a mixture of residential and non-residential
uses. South of and adjacent to this property along Broadway are high density
residential units, to the west across the alley single family residential, across
Evergreen Avenue to the north is single family residential and to the east side
of Broadway, high density residential, the North Boulder Recreation Center
and an office building.
There is no proposed expansion to the existing building. The existing building
is a low profile, two story structure which has the appearance of a single
family residential unit.
Based upon the square footage of the building thirteen (13) off-street parking
spaces required. The existing parking lot parking lot at the rear of the
building are 19 spaces, which exceeds the off-street parking requirement by
six spaces. Traffic that is generated by the existing uses comes primarily off
of Broadway and occurs mostly on weekdays during normal working hours.
Very little weekend traffic is expected.
The intersection of Evergreen Avenue and Broadway Avenue experience no
traffic movement problems. This is in part due to the signalized intersection
at the North Boulder Recreation Center which creates gaps in the traffic flLm
and allows for easier access to Broadway. Another factor is that Evergreen
Avenue does not extend across Broadway which does not create competing
traffic movements.
C.Will the use change the predominant character of the surrounding area as
intended under the zoning district?
The uses and general residential character of the building complement the
existing uses in the neighborhood and provide a good transition from the HR-
E zoning district to adjacent single family uses to the north and west.
V.NEIGHBORHOOD COMMENT
Staff has received three phone calls from the neighborhood about the
proposal. All of the comments raised concerns regarding potential expansion of the
existing building and whether there was adequate off-street parking_for additional
uses. After, explanation of the proposal by staff those issues were addressed to the
neighbors satisfaction.
BOZA Disposition of Approval Page 11 of 25
Memo to Planning Board - 10/25/90 02- Q 1 1990
Re: Montgomery Special Review
VI. RECOMMENDATION
A. Conclusion
Staff concludes that the project meets the Special Review criteria of the Land
Use Regulations. Staff finds that the proposed additional category of use
medical/dental) will be compatible with the surrounding uses and
neighborhood.
B.Recommendation - Project Approval
Staff therefore recommends that Planning Board adopt this memorandum and
the attached code criteria checklist as findings of the Board and approve the
Special Review with the following conditions:
1.Development shall be in compliance with the approved site plan dated
August 1, 1990. This approval is limited to the additional eategor~ of
medical/dental use to the existing approved uses of office, retail and
personal service. Applicant shall not expand or modify the approved
use, except pursuant to section 9-4-9 (g), B.R.C. 1981.
JH3093.PB
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THIRD ALLOCATION EXCESS AWARDS AVAILABLE: 579 NOV o 1 1990
DEVELOPMENT APPLICANT TOTAL
Greenbelt Meadows South C & F Investments 1.00
Wellington Gardens Yaffe Construction 1.00
Kalmia Meadows Markel Homes 2.00
Hillside Meadows St. Germain 1.00
Country Meadows Markel Homes 2.00
Gunbarrel North McStain Enterprises 1.00
Castle Pines Scott Thorburn 1.00
Kalmia Meadows Scott Thorburn 1.00
Gunbarrel North McStain Enterprises 1.00
Northcreek Ashland Homes Corporation 1.00
Pease Apartments Jay Wolkowski 6.00
Wonderland Hill Ron Grace 1.00
Timberland Subdivision Colin Egan 1.00
Wellington Gardens Robert Henson Construction 1.00
Country Meadows Robert Henson Construction 1.00
Meadows Glen II North Daystar VI/Shervanick 1.00
Wickstrom Subdivision Gordon Wickstrom 1.00
Northcreek Ashland Homes Corporation 1.00
Centennial Meadows Richard Lefcourt 1.00
Country Meadows James Company 3.00
Deer Ridge Park Gunter Seelhof 1.00
Wonderland Meadows J.F. Young Associates 1.00
Walnut Hollow William Coburn 1.00
Annie's Subdivision William Coburn 1.00
Country Meadows Robert Luckett 1.00
Cobblestone Court Jack Kruse 1.00
Kalmia Meadows Robert Cahn 1.00
Lumry Estates Conway Development 1.00
Greenbelt Meadows South C & F Investments 1.00
977 Quince Spectrum Building 1.00
Makena/Taylor Lot 3 Wonderland Homes 1.00
Wellington Gardens James Company 1.00
Noble Park Markel Homes 1.00
Noble Park Markel Homes 1.00
Noble Park Markel Homes 1.00
Noble Park Markel Homes 1.00
Northcreek Ashland Homes 2.00
Gallager Subdivision Roy Johnson 1.00
Noble Park Artistry Homes Corporation 4.00
Greenbelt South Cooke Construction 1.00
TOTAL:51.00
1BOZA Disposition of Approval Page 13 of 25
FOURTH ALLOCATION AWARDS AVAILABLE: 735 NOV 0 1 1990
DEVELOPMENT APPLICANT TOTAL
Noble Park Richard L. McCabe 16.00
Aspen Grove North Boulder Associates 35.00
Peak Properties Spring Park 35.00
TOTAL:86.00
AVAILABLE EXCESS ALLOCATIONS:649
RM4GM.PBM
2BOZA Disposition of Approval Page 14 of 25
ur, acc u. T a.na i i.R1A EXHIBIT C
project: VADMT40n PC,(Date: 10-Z3 NDoo t ts9o
Tradu
i
ANALYSIS
1.The use is otinsistent with the purpose of the zoning district as set forth in Section
9-2-1, B.R.C. 1981;
Zoning district:
imt, +p!!~Pnc-A AAd_L ~wnn,1~ uses o rned i cu-l [A
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2.The use either:
A) Provides direct service or convenience to the surrounding uses or neighborhood;
lht. [dL hgyn Of Me& M, JAW-ail 1ks.e.. CAxI .
t~v.~use.-s rwt5 0
B) Is necessary to foster a specific city policy, as expressed in the BVCP, including
without limitation, historic preservation, moderate income housing, residential
and non-residential mixed uses in appropriate locations, and group living
arrangements for special populations; or
C) Enhances the mixture of complementary uses and activities in the surrounding
area.
3.The location, size, design, and operating characteristics of the proposed development
in addition to the requirements of N2 of this subsection) are such that the use will be
reasonably compatible with and have minimal negative impact on the use of nearby
properties;
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BOZA Disposition of Approval Page 15 of 25
NOV 0 1 1990
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CBOZA Disposition of Approval Page 16 of 25
the use will not significantly adversely affect the infrastructure of the neighborhood4ov o i i99o
including without limitation, water, wastewater, and storm drainage utilities and streets;
S.The use will not change the predominate character of the surrounding area as intended
under the zoning district; and
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6.Applies to special review of group homes)Q
ADDITIONAL INFORMATION NEEDED TO PROCESS APPLICATION:
SRCMFM
BOZA Disposition of Approval Page 17 of 25
BOZA Disposition of Approval Page 18 of 25
BROADWAYALLEYEVERGREEN AVENUEPUBLIC SIDEWALK[E] CONC. WALK129.78'129.02'99.95'99.95'27.7'15.8'29.5'19.9'65.3'7.6'29'10.1'72.5'24.7'UPUPUPUPUPUP[E] ONE STORYSTUCCO BUILDINGWITH BASEMENT3093 BROADWAYPROPERTY LINEPROPERTY LINEPROPERTY LINE[E] BSMT. LEVELWALK-OUTPUBLIC SIDEWALKUPUP[N] DECK& STAIR12.5'sidestreetsetback10'sideinteriorsetback25'front setback25'rear setback9'[E] CONC.RET. WALL[E] BSMT. LEVELWALK-OUT7.6'AREA OF DECK & STAIRREPLACEMENT15'-11"13'-3"ISSUED FORCopyright 2020 ShelterLab Architecture LLC.All rights reserved. These drawings may notbe copied or reproduced in any form withoutthe express written permission of ShelterLabArchitecture LLC.GS1 Site Plan, Zoning Data, Building & Energy Code Data,Legal Description, Building Information, Drawing Index,Project Directory, General RequirementsA1.1 Original Deck & Stair Demo Plan; Deck & Stair Plan; StairSection/Elevation at Deck & StairDrawing IndexBuilding InformationTotal Existing First Floor Area: 2031 sf.Total Existing Basement Floor Area: 1732 sf.Total Existing Aggregate Building Floor Area: 3763 sf.Existing Demo'd Exterior Deck & Stair Area: 146 sf.New Exterior Deck & Stair Area: 154 sf.Net Change to Exterior Deck & Stair Area: 8 sf. Classification of Work: RepairGS1Smith Deck & Stair3093 - B BroadwayBoulder, Colorado 80304General Requirements, Site Plan; Zoning, Energy, & Building Code Data,Legal Description, Building Information, Project Directory, Drawing IndexOWNER: 3093 Broadway LLCContact: Jon Smith - 720.295.9231ARCHITECT: ShelterLab Architecture LLCContact: Dean Lindsey AIA - 303.775.3300STRUCTURAL ENGINEER: Glenn Frank EngineeringContact: Jesse Sholinsky - 303.554.9591GENERAL CONTRACTOR: Bruce Leahy ConstructionContact: Bruce Leahy - 303.638.0563Project DirectoryGeneral Requirements1. LICENSES AND PERMITS: All work shall be performed under permit from theappropriate governmental entity; by licensed contractors and shall be inspected bysuch personal and observed by the architect. Contractor shall obtain and pay for allpermits, licenses and taxes involved in the work.2. INSURANCE: Contractor and subcontractors shall carry all required insurance tohold owner free from any and all damages including Workman's Compensation,Contractors Liability and Property Damage Insurance. Homeowner shall increasecoverage of Homeowner Policy as work progresses.3. SAFETY: Contractor shall take all reasonable precautions for the safety of employees,occupants and the property itself. Maintain two 5 lb. ABC fire extinguishers on thejob from start to finish.4. DATA AND MEASUREMENTS: The data given herein and on the drawings are asexact as could be secured. Their absolute accuracy is not guaranteed and thecontractor shall obtain exact locations, measurements, levels, etc. at the site andshall satisfactorily adapt his work to the actual site conditions. The contractor shallnotify the architect of any discrepancies in construction documents, if they occur.The data contained in these documents shall be assigned the following priorities:a) Specifications shall take priority over all other data contained on the drawings.b) Notes on the drawings shall take priority over dimensions.c) Dimensions.d) Never scale drawings. When questions arise that cannot be answered throughthe process outlined above or when discrepancies occur always notify thearchitect.5. EXISTING CONDITIONS: The Contractor shall be responsible for investigatingexisting conditions. The contractor and all subcontractors shall examine the worksite and shall satisfy themselves as to the work site and shall have satisfiedthemselves as to the existing conditions under which they will be obliged to operateor that will in any way affect the work. No additional allowances will be made for lackof knowledge of such conditions.6. MATERIALS: All materials shall be new, in good condition and of standard grade orbetter.7. WORKMANSHIP: All work shall be performed by mechanics skilled in their respectivetrades in accordance with the best practices of that trade. Contractor is to coordinate,supervise and take responsibility for all work of his employees and subcontractors.8. DAMAGE: Repairs should be made to all surfaces, furnishings or equipment damagedduring any construction process by the contractor or his subs, at no additional costto the owner. Note: landscaping and sod restoration at the end of the job shall beowner's responsibility unless noted otherwise on the drawings.9. DEBRIS: Site and building shall be kept in neat and safe condition at all times.Protect finished spaces from damage, moisture and dust with plastic drop cloths.10. SUBSTITUTIONS: No substitutions will be allowed during the bid phase. If, duringconstruction, the contractor or sub-contractors wish to suggest a substitution, itmust first be approved by the owners and architect. "Or equal" as used in thesedrawings indicates the need for Architects approval.11. CHANGES: Owner, architect and contractor may negotiate additions, deletions orrevisions to the scope of work, and adjust the contract sum and contract timeaccordingly. A written record of each change shall be submitted by the contractor andapproved by the owner before the change is to be done. The architect will be given acopy of all change orders by the contractor. No claims for changes will beacknowledged unless accompanied by such written approvals.12. ARCHITECT'S ROLE: The architect will have no responsibility to supervise orcoordinate the contractor's work, to stop work for any reason, or to insureconstruction safety. His sole function shall be to act as the owner's agent in makingperiodic visits to observe whether the work is proceeding according to the plans andspecifications. The Architect wishes to consult frequently with the Contractor andprovide whatever assistance or clarification might be necessary to keep the jobproceeding according to schedule and plan. Should questions arise, the contractor orany sub may call the Architect at 303.775.3300. The Architect retains noresponsibility for unilateral interpretations or deviation from the documents by theContractor or Contractor's agents.13. DUTY OF COOPERATION: Release of these plans contemplates further cooperationamong the owner, his contractor and the architect. Design and construction arecomplex. Although the Architect and his consultants have performed their serviceswith due care and diligence, they cannot guarantee perfection. Communication isimperfect, and every contingency cannot be anticipated. Any ambiguity ordiscrepancy discovered by the use of these plans shall be reported immediately to theArchitect. Failure to notify the Architect compounds misunderstanding and increasesconstruction costs. A failure to cooperate with the Architect shall relieve the Architectfrom responsibility for all consequences. Changes made from the plans withoutconsent of the architect are unauthorized and shall relieve the architect ofresponsibility for all consequences arising out of such changes.14. WARRANTY: The Contractor should warrant all work and materials, whether by hisown forces or subcontractors, for a period of at least one year from date of finalpayment. Manufacturer's warranties, operating or maintenance literature should beprovided to the owners by contractor.15. PAYMENT SCHEDULE: Architect will review and transmit application for payment toowners within five working days. Final payment will be due upon substantialcompletion, minus 2x the value of the punch list as determined by the architect.16. SIGNAGE: The architect and contractor shall be permitted to erect signs identifyingthemselves for the duration of the job. Signs shall not exceed 6 s.f. each.17. SITE FACILITIES: Owners will provide electrical and water for duration of work. Abarricade shall be erected around the construction site per county code until buildingis secured.18. STORAGE OF MATERIALS: Owner and contractor shall protect all finish materials,before and after installation, in weatherproof conditions. Protect in place: framing,plywood, masonry, etc., from adverse weather.19. CLEAN UP: The interior should be swept clean at least weekly, all refuse from thework shall be removed from the site. All subs to remove their scrap to the G.C.'sdumpster. During work, the site shall be kept in an orderly and safe state, includingdaily clean up of scrap, trash and debris. Upon completion the Contractor shallengage a crew of professional cleaners to perform a construction clean, to include:vacuum all floors, scrape and wash all windows, clean all plumbing fixtures, wipe outall new cabinet interiors, etc. Paint brushes and buckets shall not be cleaned in yard.20. SHOP DRAWINGS: Shop drawings shall be submitted to the architect for his reviewof the following items: kitchen cabinets, casework, and mechanical layout.21. SUBSTANTIAL COMPLETION: Substantial completion is the stage in the progress ofthe work when the work is sufficiently complete so that the Owner can occupy orutilize all portions of the work for their intended use. In no event shall substantialcompletion be considered prior to approval of all final inspections required bypermitting agencies. Substantial completion may be considered to have been reachednotwithstanding the existence of a "punch list" of misc. insubstantial deficiencies tobe cured by the Contractor.DATEConstruction 11 Dec. 2020BOZA appl.07 Jan. 2021NOTE:All components of these drawings shall be reviewed by the ownerand their contractor prior to submitting for a building permit.Submission of these drawings for a building permit indicates allnotes, details, dimensions, and other pertinent data have beenreviewed, and constitutes acceptance and approval of the owner.303 775 3300 dean@shelterlab.comLegal DescriptionLots 45-48, Block 3NewlandsCity & County of BoulderState of ColoradoEnergy Code DataEnergy Code: 2020 COBECCEnergy Code compliance method: Prescriptive PathType of work: RepairClimate Zone: 5BNOTE:1. Project is the replacement of an damaged exterior deck andstair only. No changes to the building's thermal envelope willresult from this project. Therefore, no checklists are providedwith this submittal.Building Codes: I.B.C. 2018 w/ Boulder Amendments;2020 City of Boulder Energy Conservation CodeExisting basement:Occupancy Group: R3, Construction Type: V-BMaximum stories above grade plane: 3; Actual: 0Existing Group R3 basement area: 1556Maximum area per story: unlimited; Actual: 1556; Ratio: n/aOccupancy Group: B, Construction Type: V-BMaximum stories above grade plane: 3; Actual: 0Maximum area per story: 9000; Actual: 176; Ratio: 0.02Existing first floor:Occupancy Group: B, Construction Type: V-BMaximum stories above grade plane: 2; Actual: 1Maximum area per story: 9000; Actual: 2031; Ratio: 0.23Existing Demo'd Exterior Deck & Stair: 146New Replacement Exterior Deck & Stair: 154Net change to Exterior Deck & Stair area: 8Building Code DataZoning DataZone District: RH2Use Module - R6Form Module - CIntensity Module - 12.5Bulk Plane: n/a; RH2 zone districtFAR: n/a; RH2 zone districtMinimum Setbacks:Front = 25'Side interior = 10'Side street = 12.5'Rear = 25'Building Coverage: n/a; RH2 zone districtMaximum Height in Feet: n/a; no change to heightOpen Space: Total lot area = 12936sfRequired space per DU = 600sfRequired open space on lot, non-residential = 10% = 1294sfTotal Required open space: 600 + 1294 = 1894sfBuilding footprint = 2031sf; Deck & stair area:154; Parking lot area = 5874sfActual open space = 12936 - 2031 - 154 -5874 = 4877sf1| Site Plan 1" = 20'-0"010'20' 40'BOZA Disposition of Approval Page 19 of 25
3'-6" - typ. guardrail height3' - typ. handrail height2x6 cap, typ.2x4 skirt, typ.2x2 balusters, typ.134" x 1134" LVL stringers perstr., typ.334" typ.11"typ.7"typ.[e] conc. slab to remainNOTE:Ref. str. for all deck framing andattachment specifications, typ.1134" x 112" galv. stl. safetytreads w/serrated surface &open diamond pattern, typ.334"typ.riseropeningwood 2" x 2" horizontal belowstl. tread, typ.[e] conc. ret. wall toremain312"5'-10"9'-1012"3'-5"[e] conc. slab to remain[n] stair[e] lower stair to remain[n] decklanding @ first-floor level @ [e] door[e] retaining wall to remain4'-1"3'-8"[e] first-floor wallA2.123'-8"dn.12'13'-312"9'-134"25' front setback[e] conc. slab to remain[e] stair25' front setback[e] first-floor wall[e] lower stair to remain[e] retaining wall to remain13'-4"9'-212"[e] deckISSUED FORCopyright 2020 ShelterLab Architecture LLC.All rights reserved. These drawings may notbe copied or reproduced in any form withoutthe express written permission of ShelterLabArchitecture LLC.A1.1Smith Deck & Stair3093 - B BroadwayBoulder, Colorado 80304Upper Deck & Stair Plan; Stair Section;Original Deck & Stair Demolition PlanDATE303 775 3300 dean@shelterlab.com2 | Stair Section/Elevation at Deck & Stair 12" = 1'-0"2'01' 4'1 | Deck & Stair Plan 12" = 1'-0"2'01' 4'Construction 11 Dec. 2020BOZA appl. 07 Jan. 20213| Existing Deck & Stair Demolition Plan 14" = 1'-0"0 1' 2' 4' 6'10'BOZA Disposition of Approval Page 20 of 25
RE: Trash - 3075 Broadway
2020 Remodel
emack@helixpropertymanagement.com
Wed,
Jan 20,
3:26 PM
to me
Hi Jon,
My name is Emily Mack, the Property Manager for Helix Property Management, LLC and I
represent property address 3075 Broadway and support the stair replacement at 3093
Broadway and will allow a City of Boulder Administrative review.
Emily Mack
Property Manager
Helix Property Management, LLC.
-------- Original Message --------
Subject: Re: Trash - 3075 Broadway
From: Boulder Canyon Dental <drjon@bouldercanyondental.com>
Date: Tue, January 19, 2021 4:30 pm
To: Natalie Wasserman <nwasserman@helixpropertymanagement.com>
I forgot to attach the photo of the old stair and the new. Here it is.
On Tue, Jan 19, 2021 at 4:22 PM Boulder Canyon Dental
<drjon@bouldercanyondental.com> wrote:
Hi Natalie,
We had some damage to our East Staff entrance on Broadway Street that I repaired in the
fall. I thought we already had a variance considering the stairwell has been there since
1975, however Zoning requires I get permission from adjacent properties and will not
grandfather the structure. Our new stairwell actually encroaches less towards Broadway by
a couple inches. Would you all be ok responding to this email or another giving permission
for me to replace the previous stairwell? They are very specific to how they need a
response, example below:
"I represent property address 3075 Broadway and support the stair replacement at 3093
Broadway and will allow a City of Boulder Administrative review."
If you do not support this or have any questions please let me know,
Thank you,
Jon
BOZA Disposition of Approval Page 21 of 25
2/4/2021 Boulder Canyon Dental Mail - stairs
https://mail.google.com/mail/u/0?ik=be6b609509&view=pt&search=all&permthid=thread-f%3A1690061520707493201&simpl=msg-f%3A16900615207…1/1
Boulder Canyon Dental <drjon@bouldercanyondental.com>
stairs
1 message
Andy Wyckoff Judson <ajudson@att.net>Wed, Jan 27, 2021 at 10:24 AM
To: Jon Smith <drjon@bouldercanyondental.com>
To Whom it May Concern:
I own property address 3086 Broadway, Boulder Co. I support the stair replacement at 3093 Broadway.
Please don't hesitate to contact me is you have any questions.
Thank you,
Anne Wyckoff Judson
303 946-8085 mobile
303 938-1743 home
BOZA Disposition of Approval Page 22 of 25
2/4/2021 Boulder Canyon Dental Mail - Property 3093 Broadway Variance
https://mail.google.com/mail/u/0?ik=be6b609509&view=pt&search=all&permmsgid=msg-f%3A1690050428041308875&dsqt=1&simpl=msg-f%3A1690…1/2
Boulder Canyon Dental <drjon@bouldercanyondental.com>
Property 3093 Broadway Variance
Smiley & Associates <smileyandassociates@gmail.com>Wed, Jan 27, 2021 at 7:27 AM
To: Boulder Canyon Dental <drjon@bouldercanyondental.com>
-
Hi,
Dylan Clark, owner of 3090 Broadway says your plan looks fine to him. He also gave you contact info for his neighbor.
Chrissy
--------- Forwarded message ---------
From: Dylan Clark
Date: Wed, Jan 27, 2021 at 6:06 AM
Subject: Re: Property 3093 Broadway Variance
To: Smiley & Associates <smileyandassociates@gmail.com>
Hi Chrissy,
This looks totally fine to me!
ajudson@att.net is Andy Judson's email. She and her husband own 3086
Cheers,
Dylan
From: Smiley & Associates <smileyandassociates@gmail.com>
Sent: January 22, 2021 11:07 AM
To: Dylan Clark <headlessthought@gmail.com>
Subject: Fwd: Property 3093 Broadway Variance
Hi Dylan,
Are you wanting to help out your neighbor by saying you're okay with what he proposes?
---------- Forwarded message ---------
From: Boulder Canyon Dental <drjon@bouldercanyondental.com>
Date: Wed, Jan 20, 2021 at 3:41 PM
Subject: Property 3093 Broadway Variance
To: <smileyandassociates@gmail.com>
Hi Chrissy,
Your tenant at 3090 Broadway Shared your information with me. I own 3093 Broadway across the
street. We had some damage to our East Staff entrance on Broadway Street that I repaired in the fall. I
thought we already had a variance considering the stairwell has been there since 1975, however
Zoning requires I get permission from adjacent properties and will not grandfather the structure. Our
new stairwell actually encroaches less towards Broadway by a couple inches. Would you all be ok
responding to this email or another giving permission for me to replace the previous stairwell? They are
very specific to how they need a response, example below:
BOZA Disposition of Approval Page 23 of 25
2/4/2021 Boulder Canyon Dental Mail - Property 3093 Broadway Variance
https://mail.google.com/mail/u/0?ik=be6b609509&view=pt&search=all&permmsgid=msg-f%3A1690050428041308875&dsqt=1&simpl=msg-f%3A1690…2/2
"I represent property address 3090 Broadway and support the stair replacement at 3093 Broadway and
will allow a City of Boulder Administrative review."
If you do not support this or have any questions please let me know, I am also attaching a before and
after photo for reference.
If you happen to know the owner of 3086 please let me know. I stopped by but no one answered the
door, since it shared a driveway I was wondering if you own it as well.
Thank you,
--
Jon
Jonathan B. Smith D.D.S.
Boulder Canyon Dental, P.L.L.C
3093 Broadway
Boulder, CO 80304
BOZA Disposition of Approval Page 24 of 25
From:Wyler, Robbie
To:Spence, Cindy
Subject:FW: Setback variance docket no. BOZ2021-01 3093 Broadway
Date:Friday, February 5, 2021 1:47:40 PM
Cindy-
Can we add the below email to the record (and online materials)? I just received it regarding
BOZ2021-00001.
Thank You!
-Robbie
From: Ann Moshman <rmoshman@aol.com>
Sent: Friday, February 5, 2021 1:40 PM
To: Wyler, Robbie <WylerR@bouldercolorado.gov>
Subject: Re: Setback variance docket no. BOZ2021-01 3093 Broadway
We, as property owners along the 3000 block of Broadway are opposed this further, although small,
encroachment on the front yard setback requirement. The setback provides visibility for traffic along
Broadway and green space. Green space has always been a priority for Boulder.
Please add our comments to the Board hearing on February 11, 2021.
Ann and Gordon Moshman
BOZA Disposition of Approval Page 25 of 25