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Disposition of Approval & Application Packet BOZ2021-02 3091 6th Street N O T I C E FINDINGS AND DECISION OF THE CITY OF BOULDER BOARD OF ZONING ADJUSTMENT DISPOSITION OF ZONING CASE DOCKET NUMBER BOZ2021-02 CONCERNING THE APPLICATION FOR A SETBACK VARIANCE REQUIREMENTS OF SECTION 9-7-1, B.R.C. 1981 AT 3091 6TH STREET, BOULDER, COLORADO OF TINA MARQUIS, WHOSE MAILING ADDRESS IS 3021 11TH STREET, 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 construct a 6-foot deep by 25-foot-wide covered porch (to act at the new home’s front porch), the applicant is requesting a variance to the side adjacent to street (north) yard setback requirements for a principal structure in the RL-1 zoning district. The resulting north setback will be approximately 6.5 feet where 12.5 feet is required, and no porch exists today. The new home will be constructed at 12.5 feet, meeting setback requirements. 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 BOZA Disposition of Approval Page 1 of 23 Revised 0DUFK 400.pdf City of Boulder Planning and Development Services 1739 Broadway, third floor x PO Box 791 x Boulder, CO 80306 Phone: 303-441-1880 x Fax: 303-441-4241 x Web: boulderplandevelop.net BOARD OF ZONING ADJUSTMENT (BOZA) VARIANCE APPLICATION APPLICATION DEADLINE IS THE SECOND WEDNESDAY OF EACH MONTH. MEETING DATE IS 5:00 P.M. ON THE SECOND THURSDAY OF THE FOLLOWING MONTH. Submittal of inaccurate or incomplete information and materials may result in rejection of the application. STAFF USE ONLY Doc. No. _______________ Date Filed _________________Zone______________Hearing Date _____________ Application received by: Date Fee Paid Sign(s) Provided GENERAL DATA (To be completed in full by the applicant.) x Street Address or General Location of Property: x Legal Description: Lot Block Subdivision (Or attach description.) x Lot Size: x Existing Use of Property: x Detailed Description of Proposal (Specific Variance[s] Requested Including All Pertinent Numerical . Values (e.g.: Existing, Required and Proposed Setbacks for the Subject Setback Variance): *Total gross floor area existing:*Total gross floor area proposed: *Total gross building coverage existing:*Total gross building coverage proposed: *Building height existing:*Building height proposed: *See definitions in Section 9-16-1, B.R.C. 1981. i Name of Owner: x Address:Telephone: x City: State: Zip Code: Email: i Name of Contact (if other than owner): x Address:Telephone: x City: State: Zip Code: Email: BOZA Disposition of Approval Page 2 of 23 2 APPLICATION TYPES (Check All That Apply For This Application) ‰Setback (BRC 9-7-1) ‰Porch Setback & Size (BRC 9-7-4) ‰Building Separation (BRC 9-7-1) ‰Bulk Plane (BRC 9-7-9) ‰Side Yard Wall Articulation (BRC 9-7-10) ‰Building Coverage (BRC 9-7-11 or BRC 9-10) ‰Floor Area Ratio (BRC 9-8-2) ‰Parking in Front Yard Landscape Setback (BRC 9-7-1 & 9-9-6) ‰Size and Parking Setback Requirements for Accessory Units (BRC 9-6-3) ‰Cumulative Accessory Building Coverage (BRC 9-7-8) ‰Mobile Home Spacing Variance (BRC 9-7-13) ‰Use of Mobile Homes for Non-Residential Purposes (BRC 10-12-6) ‰Solar Exception (BRC 9-9-17) ‰Sign Variance (BRC 9-9-21) BOZA Disposition of Approval Page 3 of 23 3 APPLICATION REQUIREMENTS As a minimum, the following items MUST be attached, collated and hereby made a part of this application: x If applicant is other than owner(s), a written consent of the owner(s) of the property for which the variance is requested; x A written statement thoroughly describing the variance request(s) and addressing all pertinent review criteria for approval - see following pages (3 copies); x A signed and stamped Improvement Location Certificate or Site Improvement Survey and legal description by a registered surveyor (3 copies); x A site development plan including setbacks, building elevations, interior layout/floor plans and any other pertinent exhibits (3 copies); x A demolition plan clearly differentiating between existing/remaining and proposed portions of the structure(s) (3 copies); x Any other information pertinent to the variance request (e.g. neighbor letters, photos, renderings, etc.) (3 copies); x Sign Posting Acknowledgement Form - see following page. NOTE: The applicant is responsible for posting the property in compliance with city requirements. Signs will be provided to the applicant at the time of submission of the application. The applicant will be responsible for posting the required sign(s) within 10 days of the hearing date. Failure to post the required sign(s) may result in the postponement of the hearing date. x An electronic copy of all application materials (including a completed & signed application form) must be submitted on a thumb/USB drive with your application. *CDs will not be accepted; x A Board of Zoning Adjustment application fee (as prescribed in the current ‘Schedule of Fees’ which can be found at bouldercolorado.gov/plan-develop); NOTE: SEE SECTION 9-2-3(l), B.R.C. 1981 FOR VARIANCE EXPIRATION INFORMATION Applicant Signature ______________________________________Date__________ Owner (if other than Applicant) Signature _________________________Date__________ BOZA Disposition of Approval Page 4 of 23 SIGN POSTING REQUIREMENTS APPLICANT’S ACKNOWLEDGMENT FORM Required for Certain Land Use Review, Administrative Review, Technical Document Review, and Board of Zoning Adjustment Applications CITY CODE REQUIREMENT FOR SIGN POSTING OF LAND USE REVIEW APPLICATIONS - Excerpt of Section 9-4-3(c), B.R.C. 1981: Public Notice of Application: The city manager will provide the following public notice of a development review application: (1)Posting: After receiving such application, the manager will cause the property for which the application is filed to be posted with a notice indicating that a development review application has been made, the type of review requested, and that interested persons may obtain more detailed information from the planning department. The notice shall meet the following standards: (A)The notice shall be place on weatherproof signs that have been provided by the City and placed on the property that is the subject of the application. (B)All such notice shall be posted no later than ten days after the date the application is filed to ensure that notice is posted early in the development review process. (C)The signs shall be placed along each abutting street, perpendicular to the direction of travel, in a manner that makes them clearly visible to neighboring residents and passers-by. At least one sign shall be posted on each street frontage. (D)The signs shall remain in place during the period leading up to a decision by the approving authority, but not less than ten days. (E)On or before the date that the approving authority is scheduled to make a decision on the application the city manager will require the applicant to certify in writing that required notice was posted according to the requirements of this section. I, , am filing a Land Use Review, Administrative Review, Technical (PRINT NAME OF APPLICANT OR CONTACT PERSON) Document Review, or BOZA application [on behalf of] (PRINT NAME OF OWNER(S) IF OTHER THAN APPLICANT/CONTACT) for the property located at (PRINT PROPERTY ADDRESS OR LOCATION) . I have read the city's sign posting requirements above and acknowledge and agree to the following: 1.I understand that I must use the sign(s) that the city will provide to me at the time that I file my application. The sign(s) will include information about my application and property location to provide required public notice. 2.I am responsible for ensuring that the sign(s) is posted on the property described above in such a way that meets the requirements of Section 9-4-3(c), B.R.C. 1981 (listed above), including visibility of the sign(s) and time and duration of the sign(s) posting, and including reposting any signs that are removed, damaged, or otherwise displaced from the site. As necessary, I shall obtain a replacement sign(s) from the city for reposting. 3.I understand that certain future changes to my application, including but not limited to, changes to the project description or adding a review type, may require that I post a new sign(s). The city will notify me if such a reposting is required and provide me with a necessary replacement sign(s). 4.I understand that failing to provide the public notice by sign posting required by the city’s land use regulation may result in a delay in the city’s issuing a decision or a legal challenge of any issued decision. NAME OF APPLICANT OR CONTACT PERSON DATE Please keep a copy of this signed form for your reference. If you have any questions about the sign posting requirements or to obtain a replacement sign, please call 303-441-1880. BOZA Disposition of Approval Page 5 of 23 5 CITY OF BOULDER Planning and Development Services 1739 Broadway, third floor • P.O. Box 791, Boulder, Colorado 80306 Phone: 303-441-1880 • Fax: 303-441-3241 E-mail: plandevelop@bouldercolorado.gov • Web: www.boulderplandevelop.net NOTICE TO APPLICANTS ***The Following Application Form Pages Do Not Need to be Submitted with Application Materials*** Dear Applicant, As you begin to prepare your “Variance Application,” the Board of Zoning Adjustment would like to offer you some information and suggestions that we hope you will find helpful. The Board of Zoning Adjustment is made up of five members who are appointed to five- year terms by the Boulder City Council. Our purpose is to grant or deny your application for a variance. Our rules and procedures require a positive vote of at least three members of the board in order for your application to be approved. Please also note that the board is not a policy-making board such as the City Council or Planning Board. The purpose of the Board of Zoning Adjustment is to implement policy. So, while we understand that there may be social/ economic/ political issues that you believe are relevant to your application, those issues are not part of the criteria by which your application will be judged. Remember that you are asking the board to change the “standard” code requirements for you because of your unique situation. It is important for you to realize that the “burden of proof” lies with you, and that only if you are successful in convincing us that you have met the criteria, will you receive the variance that you are requesting. Please be as complete as you can in furnishing us the necessary information to properly consider your application. Depending on the complexity or scale of the project, you might consider providing information in addition to that required by the “Application Requirements.” This additional information could include renderings (artistic-type drawings that are often in color), models, and written information as to the existing and proposed square footage of the structure. Lastly, the board tries to maintain a relaxed, somewhat informal atmosphere. However, we are a quasi-judicial board, and our decisions are for all intents and purposes final, and the only appeal of our decision is in District Court, provided that appeal is filed within 30 days from the date of our decision. Also, you should keep in mind that if your request is denied because you have, in our opinion, failed to meet one of more of our criteria, you may not resubmit the same request for a variance for one year, unless it contains “substantial” revisions. While you can be assured that we will give you and any other parties a full hearing, we occasionally must end discussion either when the discussion is not providing any new information or when practical time constraints require us to move on. BOZA Disposition of Approval Page 6 of 23 6 Planning and Development Services can provide you with additional information and input for the application prior to and during the application process. We suggest that you schedule a review of your proposal(s) and application materials with the staff prior to submitting and allow yourself enough time to take their feedback into account. The staff will let you know their recommendation to the board if you contact them 48 hours prior to the hearing time. Please do not contact board members prior to the meeting to discuss your case. We can only answer the most general procedural questions and are not permitted to discuss the specifics of your case outside of the public hearing. We hope these comments are helpful in the preparation of your application. Sincerely, Board of Zoning Adjustment Section 9-2-3 (d) B.R.C. (1981) (d) Board of Zoning Adjustment (BOZA): The BOZA may grant variances from the requirements of: (1) The setback and separation requirements listed in section 9-7-1, "Schedule of Form and Bulk Standards”, B.R.C. 1981; (2) The porch setback and size requirements of section 9-7-4 “Setback Encroachments for Front Porches”, B.R.C. 1981; (3) The total cumulative building coverage requirements for accessory buildings of section 9-7-8, "Accessory Buildings in Residential Zones", B.R.C. 1981; (4) The side yard bulk plane and side yard wall articulation requirements listed in section 9-7-9 “Side Yard Bulk Plane”, B.R.C. 1981 and section 9-7-10 “Side Yard Wall Articulation”, B.R.C. 1981; (5) The building coverage requirements of section 9-7-11 ”Maximum Building Coverage” or section 9-10, "Nonconformance Standards", B.R.C. 1981; (6) The setback and spacing requirements for mobile homes of section 9-7-13, "Mobile Home Park Form and Bulk Standards", B.R.C. 1981; (7) The size requirements for accessory units of subsection 9-6-3(a) “Accessory Units”, B.R.C.; (8) The parking requirements of subsection 9-9-6(d), B.R.C. 1981, with regards to parking in landscaped front yard setbacks; (9) Sign code variances and appeals as permitted by subsection 9-9-21(s), B.R.C. 1981; (10) The use of a mobile home for nonresidential purposes subject to the requirements of subsection 10-12-6(b), B.R.C. 1981; In granting any variance, the board may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this title. BOZA Disposition of Approval Page 7 of 23 7 BOZA VARIANCE CRITERIA (h) CRITERIA FOR VARIANCES The BOZA may grant a variance only if it finds that the application satisfies all of the applicable requirements of paragraph (1), (2), (3), or (4) of this Subsection and the requirements of paragraph (5) of this Subsection. (1) Physical Conditions or Disability (A) There are: (i) Unusual physical circumstances or conditions, including, without limitation, irregularity, narrowness or shallowness of the lot, or exceptional topographical or other physical conditions peculiar to the affected property; or (ii) There is a physical disability affecting the owners of the property or any member of the family of an owner who resides on the property which impairs the ability of the disabled person to utilize or access the property; and (B) The unusual circumstances or conditions do not exist throughout the neighborhood or zoning district in which the property is located; and (C) Because of such physical circumstances or conditions the property cannot reasonably be developed in conformity with the provisions of this chapter; and (D) Any unnecessary hardship has not been created by the applicant. (2) Energy Conservation (A) The variance will permit construction of an addition to a building that was constructed on or before January 1, 1983; (B) The proposed addition will be an integral part of the structure of the building; (C) The proposed addition will qualify as a "solar energy system" as defined in Section 9-16, "Definitions," B.R.C. 1981, or will enable the owner of the building to reduce the net use of energy for heating or cooling purposes by a minimum of 10% over the course of a year of average weather conditions for the entire building; and (D) The costs of constructing any comparable addition within existing setback lines so as to achieve comparable energy purposes would be substantially greater than the cost of constructing the addition which is proposed for the variance. BOZA Disposition of Approval Page 8 of 23 8 (3) Solar Access (A) The volume of that part of the lot in which buildings may be built consistent with this code has been reduced substantially as a result of the provisions of Section 9-9-17, "Solar Access," B.R.C. 1981; (B) The proposed building or object would not interfere with the basic solar access protection provided in Section 9-9-17, "Solar Access," B.R.C. 1981; and (C) The volume of the proposed building to be built outside of the building setback lines for the lot will not exceed the amount by which the buildable volume has been reduced as a result of the provisions of Section 9-9-17, "Solar Access," B.R.C. 1981. (4) Designated Historic Property The property could be reasonably developed in conformity with the provisions of this chapter, but the building has been designated as an individual landmark or recognized as a contributing building to a designated historic district. As part of the review of an alteration certificate pursuant to Chapter 9-11, "Historic Preservation," B.R.C. 1981, the approving authority has found that development in conforming locations on the lot or parcel would have an adverse impact upon the historic character of the individual landmark or the contributing building and the historic district, if a historic district is involved. (5) Requirements for All Variance Approvals (A) Would not alter the essential character of the neighborhood or district in which the lot is located; (B) Would not substantially or permanently impair the reasonable use and enjoyment or development of adjacent property; (C) Would be the minimum variance that would afford relief and would be the least modification of the applicable provisions of this title; and (D) Would not conflict with the provisions of Section 9-9-17, "Solar Access," B.R.C.1981. (i) FLOOR AREA VARIANCES FOR ACCESSORY UNITS The BOZA may grant a variance to the maximum floor area allowed for an attached accessory dwelling unit or for a detached accessory dwelling unit under Subsection 9-6-3(a) "Accessory Units," B.R.C. 1981, only if it finds that the application satisfies all of the following applicable requirements of either subparagraph (i)(1) or (i)(2): BOZA Disposition of Approval Page 9 of 23 9 (1) (A) That the interior configuration of the structure is arranged in such a manner that the space to be used as the attached accessory dwelling unit or detached accessory dwelling unit cannot feasibly be divided in conformance with the size requirements; (B) That the variance, if granted, meets the essential intent of this title, and would be the minimum variance that would afford relief; and (C) That the strict application of the provisions at issue would impose an undue and unnecessary hardship on the individual and that such hardship has not been created by the applicant; or (2) (A) That there are unusual physical circumstances or conditions in the design of the existing structure the accessory unit would be in, including without limitation the thickness of exterior walls or framing, that affect the total allowed interior floor area of the accessory unit; (B) That the unusual circumstances or conditions do not exist through the neighborhood or the zoning district in which the property is located; (C) That the variance, if granted, would not alter the essential character of the neighborhood or zoning district the property is in; (D) That the variance, if granted, would be the minimum variance that would afford relief; and (E) That the accessory unit would be clearly incidental to the principal dwelling unit. (j) VARIANCES FOR PARKING SPACES IN FRONT YARD SETBACKS The BOZA may grant a variance to the requirements of Section 9-9-6, “Parking Standards,” to allow a required parking space to be located within the front yard setback if it finds that the application satisfies all of the following requirements: (1) The dwelling unit was built in a RR-1, RR-2, RE, or RL-1 zoning district. (2) The dwelling unit originally had an attached carport or garage that met the off- street parking requirements at the time of initial development or, at the time of initial construction, an off-street parking space was not required and has not been provided; (3) The garage or carport was converted to living space prior to January 1, 2005; (4) The current property owner was not responsible for the conversion of the parking space to living area and can provide evidence as such; BOZA Disposition of Approval Page 10 of 23 10 (5) A parking space in compliance with the parking regulations of Section 9-9-6 cannot reasonably be provided anywhere on the site due to the location of existing buildings, lack of alley access, or other unusual physical conditions; (6) Restoring the original garage or carport to a parking space would result in a significant economic hardship when comparing the cost of restoration to the cost of any other proposed improvements on the site; and (7) The proposed parking space to be located within the front yard setback space shall be paved, shall comply with Section 9-9-5, “Site Access Control,” shall not be less than 9 feet in width or more than 16 feet in width, and shall not be less than 19 feet in length. No parking space shall encroach into a public right of way or obstruct a public sidewalk. SOLAR ACCESS EXCEPTIONS (Excerpt from Section 9-9-17(f), B.R.C. 1981) (f) EXCEPTIONS (1) Purpose: Any person desiring to erect an object or structure or increase or add to any object or structure, in such a manner as to interfere with the basic solar access protection, may apply for an exception. (2) Application Requirements: An applicant for an exception shall pay the application fee prescribed by subsection 4-20-33(b), B.R.C. 1981, and apply on a form furnished by the city manager that includes, without limitation: (A) The applicant's name and address, the owner's name and address, and a legal description of the lot for which an exception is sought; (B) Survey plats or other accurate drawings showing lot lines, structures, solar systems, dimensions and topography as necessary to establish the reduction of basic solar access protection expected on each lot that would be affected by the exception, together with a graphic representation of the shadows that would be cast by the proposed structure during the period from two hours before to two hours after local solar noon on a clear winter solstice day. The requirements of this subparagraph may be modified by the city manager, depending upon the nature of the exception sought; (C) A list of all lots that may be affected by the exception, including the names and addresses of all owners of such lots; (D) A statement and supporting information describing the reasons that less intrusive alternatives, if any, to the action that would be allowed by the exception cannot or should not be implemented; and (E) A statement certifying that the proposed structure would not obstruct solar access protected by permit. BOZA Disposition of Approval Page 11 of 23 11 (3) Public Notice: The city manager shall provide public notice pursuant to section 9-4-3, "Public Notice Requirements," B.R.C. 1981. (4) City Manager Action: The city manager may grant an exception of this section following the public notification period if: (A) The applicant presents the manager with an affidavit of each owner of each affected lot declaring that such owner is familiar with the application and the effect the exception would have on the owner's lot, and that the owner has no objection to the granting of the exception, and (B) The manager determines that the application complies with the requirements in paragraph (f)(2) of this section, and (C) The manager finds that each of the requirements of paragraph (f)(6) of this section has been met. (5) Appeal of City Manager's Decision: The city manager's decision may be appealed to the BOZA pursuant to the procedures of Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981. Public notification of the hearing shall be provided pursuant to Section 9-4-3, "Public Notice Requirements," B.R.C. 1981. The sign posted shall remain posted until the conclusion of the hearing. (6) Review Criteria: In order to grant an exception, the approving authority must find that each of the following requirements has been met: (A) Because of basic solar access protection requirements and the land use regulations: (i) Reasonable use cannot otherwise be made of the lot for which the exception is requested; (ii) The part of the adjoining lot or lots that the proposed structure would shade is inherently unsuitable as a site for a solar energy system; or (iii) Any shading would not significantly reduce the solar potential of the protected lot; and (iv) Such situations have not been created by the applicant; (B) Except for actions under subparagraphs (f)(6)(D), (f)(6)(E), and (f)(6)(F) of this section, the exception would be the minimal action that would afford relief in an economically feasible manner; (C) The exception would cause the least interference possible with basic solar access protection for other lots; (D) If the proposed structure is located in a historic district designated by the city council according to section 9-11-2, "City Council May Designate or Amend Landmarks and Historic Districts," B.R.C. 1981, and if it conformed with the requirements of this section, its roof BOZA Disposition of Approval Page 12 of 23 12 design would be incompatible with the character of the development in the historic district; (E) If part of a proposed roof which is to be reconstructed or added to would be incompatible with the design of the remaining parts of the existing roof so as to detract materially from the character of the structure, provided that the roof otherwise conformed with the requirements of this section; (F) If the proposed interference with basic solar access protection would be due to a solar energy system to be installed, such system could not be feasibly located elsewhere on the applicant's lot; (G) If an existing solar system would be shaded as a result of the exception, the beneficiary of that system would nevertheless still be able to make reasonable use of it for its intended purpose; (H) The exception would not cause more than an insubstantial breach of solar access protected by permit as defined in paragraph (d)(3) of this section; and (I) All other requirements for the issuance of an exception have been met. The applicant bears the burden of proof with respect to all issues of fact. (7) Conditions of Approval: The approving authority may grant exceptions subject to such terms and conditions as the authority finds just and equitable to assist persons whose protected solar access is diminished by the exception. Such terms and conditions may include a requirement that the applicant for an exception take actions to remove obstructions or otherwise increase solar access for any person whose protected solar access is adversely affected by granting the exception. (8) Planning Board: Notwithstanding any other provisions of this subsection, if the applicant has a development application submitted for review that is to be heard by the planning board and that would require an exception, the planning board shall act in place of the BOZA, with authority to grant exceptions concurrent with other actions on the application, pursuant to the procedures and criteria of this section. SIGN CODE VARIANCE CRITERIA (Excerpt from Section 9-9-21(s), B.R.C. 1981) (s) APPEALS AND VARIANCES (1) Any aggrieved person who contests an interpretation of this chapter which causes denial of a permit, or who believes a violation alleged in a notice of violation issued pursuant to paragraph 9-9-21(t)(2) or (3), B.R.C. 1981, to be factually or legally incorrect, may appeal the denial or notice of violation to the BOZA or Board of Building Appeals in a manner provided by either such board under the procedures prescribed by Chapter 1-3, “Quasi-Judicial Hearings,” B.R.C. 1981, or may, in the case of a denial, request that a BOZA Disposition of Approval Page 13 of 23 13 variance be granted. An appeal from a denial and a request for a variance may be filed in the alternative. (A) An appeal from an interpretation which causes denial of a permit or from a notice alleging a violation of Subsections 9-9-21(l), “Structural Design Requirements,” 9-9-21(m), “Construction Standards,” 9-9- 21(n), “Electric Signs,” and 9-9-21(o), "Sign Maintenance,” B.R.C. 1981, shall be filed with the BOZA. (B) An appeal from any other interpretation alleging any other violation of this chapter shall be filed with the BOZA. (C) An appellant shall file the appeal, request for variance, or both in the alternative with the BOZA within fifteen days from the date of notice of the denial or the date of service of the notice of violation. The appellant may request more time to file. If the appellant makes such request before the end of the time period and shows good cause therefore, the City Manager may extend for a reasonable period the time to file with either board. (2) No person may appeal to or request a variance from the BOZA if the person has displayed, constructed, erected, altered, or relocated a sign without a sign permit required by paragraph 9-9-21(b)(2), B.R.C. 1981. The boards have no jurisdiction to hear an appeal nor authority to grant any variance from the permit requirements of this chapter. But the BOZA has jurisdiction to hear an appeal of a notice of violation alleging violation of the permit requirements if the appeal is from the manager’s interpretation that a permit is required, and the appellant’s position is that the device is not a sign or that it is exempt from the permit requirements under Subsection 9-9-21(c), “Signs Exempt from Permits,” B.R.C. 1981. (3) An applicant for an appeal or a variance under this Section shall pay the fee prescribed by Subsection 4-20-47(b), B.R.C. 1981. (4) Setbacks, spacing of freestanding and projecting signs, and sign noise limitations are the only requirements which the BOZA may vary. If an applicant requests that the BOZA grant such a variance, the board shall not grant a variance unless it finds that each of the following conditions exists: (A) There are special physical circumstances or physical conditions, including, without limitation, buildings, topography, vegetation, sign structures, or other physical features on adjacent properties or within the adjacent public right of way that would substantially restrict the effectiveness of the sign in question, and such special circumstances or conditions are peculiar to the particular business or enterprise to which the applicant desires to draw attention and do not apply generally to all businesses or enterprises in the area; or (B) For variances from the noise limitations of subparagraph 9-9- 21(b)(3)(L), “Sound,” B.R.C. 1981, the proposed variance is temporary in duration (not to exceed 30 days) and consists of a temporary exhibition of auditory art; and BOZA Disposition of Approval Page 14 of 23 14 (C) The variance would be consistent with the purposes of this chapter and would not adversely affect the neighborhood in which the business or enterprise or exhibition to which the applicant desires to draw attention is located; and (D) The variance is the minimum one necessary to permit the applicant reasonably to draw attention to its business, enterprise, or exhibition. (5) If an applicant requests that the Board of Building Appeals approve alternate materials or methods of construction or modifications from the requirements of Subsections 9-9-21(l), “Structural Design Requirements,” 9-9-21(m), “Construction Standards,” 9-9-21(n), “Electric Signs,” and 9-9-21(o), “Sign Maintenance,” B.R.C. 1981, the board may approve the same under the standards and procedures provided in the city building code, Chapter 10-5, “Building Code,” B.R.C. 1981. (6) Except as provided in Subsection (8) of this Section, the BOZA has no jurisdiction to hear a request for nor authority to grant a variance that would increase the maximum permitted sign area on a single property or building, or from the prohibitions of paragraph 9-9-21(b)(3), “Specific Signs Prohibited,” B.R.C. 1981. But the BOZA has jurisdiction to hear an appeal of a permit denial or of a notice of violation alleging that a sign would exceed the maximum permitted sign area or is prohibited if the appellant’s position is that the sign does not exceed such area or is not prohibited by such Subsection. (7) The BOZA or Board of Building Appeals may make any variance or alternate material or method approval or modification it grants subject to any reasonable conditions that it deems necessary or desirable to make the device that is permitted by the variance compatible with the purposes of this chapter. (8) The City Manager’s denial or notice of violation becomes a final order of the BOZA or Board of Building Appeals if: (A) The applicant fails to appeal the manager’s denial or order to the board within the prescribed time limit; (B) The applicant fails to appeal the order of the board to a court of competent jurisdiction within the prescribed time limit; or (C) A court of competent jurisdiction enters a final order and judgment upon an appeal filed from a decision of the board under this chapter. BOZA Disposition of Approval Page 15 of 23 SIGN POSTING REQUIREMENTS APPLICANT’S ACKNOWLEDGMENT FORM Required for Certain Land Use Review, Administrative Review, Technical Document Review, and Board of Zoning Adjustment Applications CITY CODE REQUIREMENT FOR SIGN POSTING OF LAND USE REVIEW APPLICATIONS - Excerpt of Section 9-4-3(c), B.R.C. 1981: Public Notice of Application: The city manager will provide the following public notice of a development review application: (1)Posting: After receiving such application, the manager will cause the property for which the application is filed to be posted with a notice indicating that a development review application has been made, the type of review requested, and that interested persons may obtain more detailed information from the planning department. The notice shall meet the following standards: (A)The notice shall be place on weatherproof signs that have been provided by the City and placed on the property that is the subject of the application. (B)All such notice shall be posted no later than ten days after the date the application is filed to ensure that notice is posted early in the development review process. (C)The signs shall be placed along each abutting street, perpendicular to the direction of travel, in a manner that makes them clearly visible to neighboring residents and passers-by. At least one sign shall be posted on each street frontage. (D)The signs shall remain in place during the period leading up to a decision by the approving authority, but not less than ten days. (E)On or before the date that the approving authority is scheduled to make a decision on the application the city manager will require the applicant to certify in writing that required notice was posted according to the requirements of this section. I, , am filing a Land Use Review, Administrative Review, Technical (PRINT NAME OF APPLICANT OR CONTACT PERSON) Document Review, or BOZA application [on behalf of] (PRINT NAME OF OWNER(S) IF OTHER THAN APPLICANT/CONTACT) for the property located at (PRINT PROPERTY ADDRESS OR LOCATION) . I have read the city's sign posting requirements above and acknowledge and agree to the following: 1.I understand that I must use the sign(s) that the city will provide to me at the time that I file my application. The sign(s) will include information about my application and property location to provide required public notice. 2.I am responsible for ensuring that the sign(s) is posted on the property described above in such a way that meets the requirements of Section 9-4-3(c), B.R.C. 1981 (listed above), including visibility of the sign(s) and time and duration of the sign(s) posting, and including reposting any signs that are removed, damaged, or otherwise displaced from the site. As necessary, I shall obtain a replacement sign(s) from the city for reposting. 3.I understand that certain future changes to my application, including but not limited to, changes to the project description or adding a review type, may require that I post a new sign(s). The city will notify me if such a reposting is required and provide me with a necessary replacement sign(s). 4.I understand that failing to provide the public notice by sign posting required by the city’s land use regulation may result in a delay in the city’s issuing a decision or a legal challenge of any issued decision. NAME OF APPLICANT OR CONTACT PERSON DATE Please keep a copy of this signed form for your reference. If you have any questions about the sign posting requirements or to obtain a replacement sign, please call 303-441-1880. BOZA Disposition of Approval Page 16 of 23 Flatirons, Inc.Surveying, Engineering & Geomaticswww.FlatironsInc.com16406BOZA Disposition of Approval Page 17 of 23 Date: February 5th, 2021 Project: 3091 6th Street Regarding: Setback Variance Request To: City of Boulder Planning & Development Services City of Boulder Board of Zoning Adjustment From: Kyle Plantico, NCARB City of Boulder Planning and Development Staff and City of Boulder Board of Zoning Adjustment, We are submitting this application to request a setback variance to permit a 6’-0” x 22’-0” porch, which will function as a front porch, within the side yard adjacent to a street setback. The site has multiple existing unusual physical circumstances, that when combined, informed the building layout with its entry from the side yard adjacent to a street, rather than from the front yard. Those conditions satisfy the following requirements of BRC 9-2-3(h)1 criteria for variances, as well as BRC 9-2-3(h)5 requirements for all variance approvals: (1) Physical Conditions or Disability: (A)There are: (i)Unusual physical circumstances or conditions, including, without limitation, irregularity, narrowness or shallowness of the lot or exceptional topographical or other physical conditions peculiar to the affected property; • The lot is a non-standard size of 6,237 sf, below the 7,000 sf minimum for the zoning district. • The lot is on a corner, requiring additional setback distance in the side yard adjacent a street. • There is a steep drop in grade along the alley/rear property line, with a slope of approximately 33% at the most severe location. • There is an existing retaining wall and associated approx. 2’ elevation change in front of the property within the 6th Street Right of Way (B)The unusual circumstances or conditions do not exist throughout the neighborhood or zoning district in which the property is located; and This combination of physical hardships is not present “throughout” the neighborhood or zoning district, as there are relatively few non-standard corner lots with comparable grade changes. (C)Because of such physical circumstances or conditions the property cannot reasonably be developed in conformity with the provisions of this chapter; and Together, these constraints make an at-grade entry feasible only from the side yard adjacent to Evergreen, rather than from the front yard along 6th Street. (D)Any unnecessary hardship has not been created by the applicant. The unusual circumstances are all existing conditions that were not created by the Applicant. (5) Requirements for All Variance Approvals (A)Would not alter the essential character of the neighborhood or district in which the lot is located; As demonstrated in BRC 9-7-4, front porches support the residential feel of a neighborhood and promote social interaction. The proposed porch will not alter the essential character of the neighborhood, rather, it will enhance the existing residential character by mimicking similar “front” porches present on corner lots along Evergreen at 345 Evergreen, 737 Evergreen, 3095 9th, 929 Evergreen, and 1000 Evergreen, among others. BOZA Disposition of Approval Page 18 of 23 (B)Would not substantially or permanently impair the reasonable use and enjoyment or development of adjacent property; The “front” porch will not impair the reasonable use and enjoyment or development of the adjacent property, as a porch is a beneficial use supporting community-building and neighborhood charm. The porch is designed to be visually unobtrusive and will not create any nuisances to the adjacent properties. (C)Would be the minimum variance that would afford relief and would be the least modification of the applicable provisions of this title The proposed “front” porch is designed to function as if it were a true front porch permitted to encroach into a setback per the requirements of BRC 9-7-4, addressed following, and would otherwise be a relatively minor encroachment if the unusual physical conditions of the site did not preclude entry via the front yard. (D)Would not conflict with the provisions of Section 9-9-17, "Solar Access," B.R.C. 1981. The proposed porch does not conflict with the Solar Access provisions of the code, as it is lower in height than the highest roof elements of the structure already illustrated as compliant via the originally submitted solar access analysis. In keeping with the intent of BRC 9-7-4, permitting setback encroachments for front porches, we are seeking to include this “front” porch to reinforce “the ambience of residential streetscapes and encourage social interaction in [the] neighborhood.” As discussed with Staff, the porch as proposed meets 12 of the 13 design standards of BRC 9- 7-4(c): (1) The porch extends 6’-0” into the 12’-6” side yard adjacent to a street setback, resulting in a 6’-6” setback from the property line to porch, which is greater than the required 50%. (2) The porch requested has a surface area of 132 square feet, greater than the 50 square feet minimum and below the 150 square feet maximum. (3) The 6’-0” depth requested is greater than the minimum 5’-0” depth. (4) The proposed porch is open and shall not be enclosed. (5) No railing is proposed. (6) The floor height of the porch is neither more than 36” above grade nor higher than the first floor above grade. (7) The porch is proposed to be fully covered by a roof that is an integrated extension of the structure, greater than the 60% minimum (8) The proposed porch roof has a maximum height of 12’-0” from the floor. (9) The porch roof is supported by columns with foundations affixed to the ground. (10) The fence in the side yard adjacent to a street is proposed to be 36” in height, below the 42” maximum. (11) No such existing porch exists for modification. (12) No such unlawfully enclosed porch existed. Item (13), which only allows a front porch within the side yard adjacent to a street if it extends around the corner from the front yard will not be met, since a porch serving the entry location resulting from the property’s unique conditions could not otherwise meet the previous design standards while also extending around the corner from the front yard. Thank you for your consideration and please do not hesitate to reach out with any questions. Sincerely, Kyle Plantico, NCARB BOZA Disposition of Approval Page 19 of 23 Flatirons, Inc.Surveying, Engineering & Geomaticswww.FlatironsInc.com1640622'-0"5'-10"1'-4 1/2"25'-0 Front yard setback25'-0 Rear yard setback12'-6" Sideyard setback5'-0 Side yard setbackEntry Porch Side YardEncroachment3 7/8"6'-0"6'-6"New ChimneyProposed ResidenceExisting Residence tobe RemovedBOZA Disposition of Approval Page 20 of 23 Architecture +Community Design303.440.7957steve@dodd-studio.comdodd-studio.com01Permit RevisionR1DATEDate:Scale:Drawn:REVISIONSD:\Dropbox\3091 6th Residence\11 Permitting\Setback Variance\CAD ƂOH\3091 6th Street 210111 BOZA Submittal Front Porch.pln1301 Walnut Suite 101 BoulderCO 80302303.440.7957http://www.dodd-studio.com/A5ML Plan - NewPrinted: 1/13/2021MarquisResidence3091 6th StreetBoulder , CO 80302Drawings and SpeciƂFDWLRQVDVinstruments of service are and shallremain the property of the Architect. Theyare not to be used on extensions of theproject, or other projects, except byagreement in writing and appropriatecompensation to the Architect.The General Contractor is responsible forconƂUPLQJDQGFRUrHODWLQJGLPHQVLRQVDWthe job site. The Architect will not beresponsible for construction means,methods, techniques, sequences, orprocedures, or for safety precautions andprograms in connection with the project.© Dodd-StudioProject Number: Project NumberBY1/13/2021AS NOTEDIF THE ABOVE DIMENSION DOES NOT MEASUREONE INCH (1") EXACTLY, THIS DRAWING WILL HAVEBEEN ENLARGED OR REDUCED, AFFECTING ALLLABELED SCALES.1" ACTUALBUILDING PERMIT1/13/2021121314151617181234567891011UPWM14WM14WM13WM07DE-38'-0"10'-0"WM06DE-18'-10"3'-0"DM13DM15DM16DM10DM11DM08DM14DM09DM12DE-2WM08WM10WM11WM12WM09WM01WM02WM03WM03WM04WM05WM05DW24'-10 1/4"6 1/2"10'-7 5/8"1'-0"20'-0"1'-0"39'-1 7/8"2'-8 1/8"3 7/8"6'-0"6'-6"1A131A111A121A122A132A101A91A8HBHBMASTERBEDROOMBEDROOM 2BATH 2MASTERBATHROOMBEDROOM 3CLOSETCLOSETCLOSETBATH 3ENTRYGARAGELAUNDRYMASTERCLOSETSHWRBEDROOM 2BATH 2CLOSETCONCRETEDRIVEWAYNEW WALKNEW FENCEMUDROOMCLOSETENTRY PORCHGATEPATHDNNEW CONTOURS25'-0 Front yard setback25'-0 Rear yard setback12'-6" Side yard setback5'-0 Side yard setbackSCALE: 1/4" = 1'-0"1ML - Sub FloorA502'4' 8'SHADED AREA REPRESENTS VARIANCE REQUESTBOZA Disposition of Approval Page 21 of 23 Architecture +Community Design303.440.7957steve@dodd-studio.comdodd-studio.com01Permit RevisionR1DATEDate:Scale:Drawn:REVISIONSD:\Dropbox\3091 6th Residence\11 Permitting\Setback Variance\CAD ƂOH\3091 6th Street 210111 BOZA Submittal Front Porch.pln1301 Walnut Suite 101 BoulderCO 80302303.440.7957http://www.dodd-studio.com/A8North ElevationPrinted: 1/13/2021MarquisResidence3091 6th StreetBoulder , CO 80302Drawings and SpeciƂFDWLRQVDVinstruments of service are and shallremain the property of the Architect. Theyare not to be used on extensions of theproject, or other projects, except byagreement in writing and appropriatecompensation to the Architect.The General Contractor is responsible forconƂUPLQJDQGFRUrHODWLQJGLPHQVLRQVDWthe job site. The Architect will not beresponsible for construction means,methods, techniques, sequences, orprocedures, or for safety precautions andprograms in connection with the project.© Dodd-StudioProject Number: Project NumberBY1/13/2021AS NOTEDIF THE ABOVE DIMENSION DOES NOT MEASUREONE INCH (1") EXACTLY, THIS DRAWING WILL HAVEBEEN ENLARGED OR REDUCED, AFFECTING ALLLABELED SCALES.1" ACTUALBUILDING PERMIT1/13/2021-11'-2"-1 LL Top of Concrete Slab±0"1 ML Sub-Floor+10'-3 7/8"2 UL Sub-Floor+18'-11 1/8"3 UL Plate Height22'-0"9'-7 3/4"3'-3 3/8"12'-11 1/8"REMOVABLE GRATE COMPLYING WITH2018 IRC R310.4LADDER COMPLYING WITH2018 IRC R310.3.2.1EGRESSEGRESS25' FRONT YARD LINE25' REAR YARD LINESCALE: 1/4" = 1'-0"1North ElevationA802'4' 8'VARIANCE REQUESTEDFOR ENTRY PORCHPROJECTING 6'-0" INTOSIDEYARDVARIANCE REQUESTED FOR ENTRY PORCHPROJECTING 6'-0" INTO SIDEYARDBOZA Disposition of Approval Page 22 of 23 Architecture +Community Design303.440.7957steve@dodd-studio.comdodd-studio.com01Permit RevisionR1DATEDate:Scale:Drawn:REVISIONSD:\Dropbox\3091 6th Residence\11 Permitting\Setback Variance\CAD ƂOH\3091 6th Street 210111 BOZA Submittal Front Porch.pln1301 Walnut Suite 101 BoulderCO 80302303.440.7957http://www.dodd-studio.com/A10East Elevation and WestElevationPrinted: 1/13/2021MarquisResidence3091 6th StreetBoulder , CO 80302Drawings and SpeciƂFDWLRQVDVinstruments of service are and shallremain the property of the Architect. Theyare not to be used on extensions of theproject, or other projects, except byagreement in writing and appropriatecompensation to the Architect.The General Contractor is responsible forconƂUPLQJDQGFRUrHODWLQJGLPHQVLRQVDWthe job site. The Architect will not beresponsible for construction means,methods, techniques, sequences, orprocedures, or for safety precautions andprograms in connection with the project.© Dodd-StudioProject Number: Project NumberBY1/13/2021AS NOTEDIF THE ABOVE DIMENSION DOES NOT MEASUREONE INCH (1") EXACTLY, THIS DRAWING WILL HAVEBEEN ENLARGED OR REDUCED, AFFECTING ALLLABELED SCALES.1" ACTUALBUILDING PERMIT1/13/20219'-7 3/4"1'-2 7/8"1'-1 1/2"12'-0"30" ROOF OVERHANGAND CHIMNEYALLOWED TO PROJECTINTO SIDEYARD812PROPERTY LINEPROPERTY LINE5' SIDEYARD LINE12.5' SIDEYARD LINE6'-0"6'-6"6'-0"9'-7 3/4"1'-2 7/8"1'-1 1/2"12'-0"30" ROOF OVERHANGALLOWED TO PROJECTINTO SIDEYARD812PROPERTY LINEPROPERTY LINE5' SIDEYARD LINE12.5' SIDEYARD LINE2- Roof Pitch Lowered11/20/2020SCALE: 1/4" = 1'-0"1East ElevationA1002'4' 8'SCALE: 1/4" = 1'-0"2West ElevationA1002'4' 8'VARIANCE REQUESTEDFOR ENTRY PORCHPROJECTING 6'-0" INTOSIDEYARDVARIANCE REQUESTEDFOR ENTRY PORCHPROJECTING 6'-0" INTOSIDEYARDBOZA Disposition of Approval Page 23 of 23