Disposition of Approval & Application Packet BOZ2021-04 2946 16th 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 BOZ2021-04
CONCERNING THE APPLICATION FOR A PARKING VARIANCE REQUIREMENTS OF SECTION 9-9-6,
B.R.C. 1981 AT 2946 16TH STREET, BOULDER, COLORADO OF DAVID GRANT, WHOSE MAILING
ADDRESS IS 2946 16TH 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 recognize and establish a 9-foot by 19-foot parking space on the existing driveway due to a
garage conversion by previous owners, the applicant is requesting a variance to the parking standards which state a
property’s required parking cannot be located within the front yard landscape setback. The resulting parking space
will be located at zero feet from the front (west) property line where 25 feet is required, and no conforming parking
exists today. Section of the Land Use Code to be modified: Section 9-9-6, 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 3-0 (J. Lester recused, E. Prentiss absent).
EXECUTED this 11th day of February 2021, effective as of, February 11, 2021.
J. Rudd, 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 26
Revised March 2020
400.pdf City of Boulder Planning and Development Services
1739 Broadway, third floor • PO Box 791 • Boulder, CO 80306
Phone: 303-441-1880 • Fax: 303-441-4241 • 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.)
•Street Address or General Location of Property:
•Legal Description: Lot Block Subdivision (Or attach description.)
•Lot Size:
•Existing Use of Property:
•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.
♦Name of Owner:
•Address:Telephone:
•City: State: Zip Code: Email:
♦Name of Contact (if other than owner):
•Address:Telephone:
•City: State: Zip Code: Email:
(303)440-38482946 16TH STREET
DRGBOULDER@YAHOO.COM
2946 16TH STREET, BOULDER, CO 80304
SILVER MAPLE VILLAGE22
SINGLE FAMILY RESIDENCE
DAVID GRANT
BOULDER COLORADO 80304
6,521 SQAURE FEET (0.15 ACRES)
REQUESTING A VARIANCE FOR PARKING IN THE FRONT YARD SETBACK. THE PREVIOUS OWNERS
CONVERTED THE EXISTING GARAGE TO A LIVING SPACE AND THERE IS NO OTHER PRACTICAL
SOLUTION FOR OFF-STREET PARKING ON THIS PROPERTY.
15'15'
1,547 SF 1,804 SF
1,727 SF 2,097 SF
BOZA Disposition of Approval Page 2 of 26
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 26
3
APPLICATION REQUIREMENTS
As a minimum, the following items MUST be attached, collated and hereby made a
part of this application:
•If applicant is other than owner(s), a written consent of the owner(s) of the property
for which the variance is requested;
•A written statement thoroughly describing the variance request(s) and addressing
all pertinent review criteria for approval - see following pages (3 copies);
•A signed and stamped Improvement Location Certificate or Site Improvement
Survey and legal description by a registered surveyor (3 copies);
•A site development plan including setbacks, building elevations, interior layout/floor
plans and any other pertinent exhibits (3 copies);
•A demolition plan clearly differentiating between existing/remaining and proposed
portions of the structure(s) (3 copies);
•Any other information pertinent to the variance request (e.g. neighbor letters,
photos, renderings, etc.) (3 copies);
•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.
•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;
•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__________
1/5/2021
BOZA Disposition of Approval Page 4 of 26
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.
DAVID GRANT
2946 16TH STREET, BOULDER, CO 80304
DAVID GRANT 1/5/2021
BOZA Disposition of Approval Page 5 of 26
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 26
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 26
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 26
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 26
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 26
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 26
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 26
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 26
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 26
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 26
SIGN POSTING REQUIREMENTS
APPLICANT’S ACKNOWLEDGMENT FORM
Required for Certain Land Use Review, Administrative Review, Technical Document Review, and Board of
Zoning Adjustment Applications
I, , am filing a Land Use Review, Administrative Review, Technical
for the property
(PRINT PROPERTY ADDRESS OR LOCATION)
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.
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.
(PRINT NAME OF APPLICANT OR CONTACT PERSON)
Document Review, or BOZA application [on behalf of]
located at
(PRINT NAME OF OWNER(S) IF OTHER THAN APPLICANT/CONTACT)
. I have read the city's sign posting requirements above and acknowledge
BOZA Disposition of Approval Page 16 of 26
Jo turuulsrlqltr! ctil .ro.; uo.ln [,JrlJr ]q ut tou it )r ]rg pu3 ,tBLJ f carng luarurrrorlul ro ;iL1ii^-g prr-! u ]ou rl ti ;r,;i pr, uo,r,^r*tiir: f ,,i rr1,uu
o3 AINVUVnC ltrIl. AIIHnC3S oNV dUOC eNrot,llt 1snulrnD3
JoJ JlJrudard r!,$ ctrJutum uotlrtol luculclorrturr rpll lrr[ ,(JtlrrJ ,(qarorl 1.;aqxl pur uorlrlumJul ,JEpal^to]rl ,{ur.;n sr*q arp u6
-----.ilruoz, .oNdel^l ,o/.. - r=pclrq rlu;a1
i(rupurroqPrEutqPooUt]ci(661ru1Jtl,lr,n*rffiHs[rH:ri*$l';;;i;,";utlff:fir,il:I
(.A,o.u ,09 )
"J S ',,r 9I
a'Eg
I i:t,: O,{
l6
Jtt:tql-llvnbNl JN93
'glNtl 0lldn310,
,;n ?f,t[iy.y,ilo,ti
,02 = ttl: lllllS
;35H313',3"^i,l;J3
i 'rsvii in itdvl^l HiAt ts /
z >lDoLB ,Z lol
J"N3I-lC U3d :uot ldf rcso0 tB6a.t: .ou luaul lruulocOC AINVHV13 l1jIt AIIUnCSS :r(q qcrtsas a[]]l. INVLI0 :(s)JaMoJJoB
J.S l_1J.9 I 9y6Z : ssarppv
.op
t';
a'99
IIJVDIdIJTIID NOIJVDO'] INIIIAIflAO]I(lWI
rcLL{JZV(toEl . 0C008 03,rotsuil.ulssM . 002 sInS,e^uo e)|ldurn1 11yg'DNI'CNItIgitNrCNg s,NV'r1tQ
l,a
I
rO(^
ro
)
3
0 il19
lvtux I
tiriltirl
ffiL:
lrurd) 'ru/sf l Illlln ro/
il?l-ro
.6bZ
(rl
rJ
lg)
gl.
ll,l'.
i0s
t,
'11$15 o'
01il5 lvIl[Y
aQ
sh6z #
35rlOl1
)l1t d s
A bolg I
t,
lo.
I
IAAW) 'o
oDol( N0
lBOZA Disposition of Approval Page 17 of 26
5 January 2021
To: Boulder City Manager/Board of Zoning Adjustment
From: David Grant, owner of property at 2946 16th Street, Boulder, CO 80304-3108;
Lot 2, Block 2, SILVER MAPLE VILLAGE
RE: Applying for a variance to Boulder Municipal Code 9-9-6 “Parking Standards,” B. R. C. 1981
I am seeking a permit to improve my property. I seek a variance to BMC 9-9-6, B. R. C. 1981 using the
criteria set out in BMC 9-2-3:
(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 (h)(1), (h)(2), (h)(3) or (h)(4) of this section and
the requirements of paragraph (h)(5) of this section. [Note that (h)(2), h(3), and h(4) are not
applicable.]
(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.
(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.
(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," B.R.C. 1981, 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:
BOZA Disposition of Approval Page 18 of 26
(1) The dwelling unit was built in an RR, RE, or RL 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;
(5) A parking space in compliance with the parking regulations of Section 9-9-6, "Parking
Standards," B.R.C. 1981, 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
with asphalt, concrete, or other similar permanent hard surface and shall comply with Section
9-9-5, "Site Access Control," B.R.C. 1981, shall not be less than nine feet in width or more than
sixteen feet in width, and shall not be less than nineteen feet in length. No parking space shall
encroach into a public right-of-way or obstruct a public sidewalk.
HOW SECTION (h) ‘CRITERIA FOR VARIANCES’ ARE MET:
(1) (A) (i) The unusual physical condition is that the existing garage was converted to a
living space by the previous owner so there is currently no garage or off-street parking.
Additionally, there is not sufficient distance between the side property boundary lines
and the existing house to allow for off-street parking in the side yard.
(B) While there may be a few similar instances within the neighborhood, this unusual
condition is not predominant throughout the area. Most of the single-family residences
have a garage, which complies with the off-street parking requirement.
(C) Because there is no garage and not sufficient space for parking in the side yard, there are
no other reasonable locations on the property for off-street parking other than the front
yard setback.
(D) This unnecessary hardship was not created by the me (the applicant) because the garage
to living space conversion was done by the previous owner.
(5) (A) Approving a variance to permit parking in the front yard setback would not alter the
essential character of the neighborhood or district because there is currently no
off-street parking on the property, except for within the front yard setback. Additionally,
there are many instances throughout the neighborhood where parking within the
front yard setback is a common trend.
(B) See (5) (A). Additionally, since no physical exterior modifications are related to the
approval of this variance, there will be no substantial or permanent impairment to the
reasonable use and enjoyment or development of adjacent properties.
BOZA Disposition of Approval Page 19 of 26
(C) Approving a variance to permit parking in the front yard setback would relieve me (the
owner) of unnecessary financial hardship by allowing me to make improvements to my
home and keep the current living space. Otherwise, the livable space within my home
would be greatly reduced and become too small to meet my needs. Approving this
variance would also relieve me of the burden and expense of restoring the living space
back to a garage.
(D) Since no physical exterior modification are related to the approval of this variance, there
will not be any conflict with the provisions of Section 9-9-17, "Solar Access," B.R.C.
1981.
HOW SECTION (j) ‘VARIANCES FOR PARKING SPACES IN FRONT YARD SETBACKS’ ARE MET:
(1) The property was built in an RL-1 district.
(2) The house was built in 1956 with a garage.
(3) The garage was converted to living space prior to when I bought the property on December
22, 1992. Attached please find a scan of an MLA listing for my house, 2946 16th Street,
Boulder, CO, from the Fall of 1992, the last time the property was on the market (the property
below it, 5513 Mesa Top Ct is listed as “new” and built in 1992, confirming the date.) The scan
shows that the garage was listed as “Offstrt” and a 20x13 room (designated FR) was listed as
living space – this is the converted garage. The square footage of the property is listed as
1567, which it only is with the converted garage listed as living space.
(4) See (3).
(5) Attached please find the attached site plan of the property showing that the side setbacks for
the property are too narrow to build a parking space.
(6) The cost of the proposed improvements is $115,300. The converted garage provides 260
square feet of living space and restoring it back to a garage would cost $7,500. That would
considerably reduce the amount of living space in the home, which will make the home too
small to live in comfortably and reduce the home value. Replacing it with a new addition to
the house (at $400 per square foot) would cost an additional $104,000, which almost doubles
the total cost for this project.
(7) The attached site plan shows a concrete driveway longer than the 25’ front setback of the
house that is 11.3’ wide. The proposed improvements will maintain 19’ x 11.3’ for a parking
space in the driveway, while providing the required clearance for the sidewalk. A reasonable
photograph of the driveway is available on google maps at:
https://www.google.com/maps/place/2946+16th+St,+Boulder,+CO+80304/@40.0288749,-
105.2757817,3a,75y,84.04h,90t/data=!3m7!1e1!3m5!1sGhNuHQ9KjPX9VNHnL_UhjQ!2e0!6s
%2F%2Fgeo0.ggpht.com%2Fcbk%3Fpanoid%3DGhNuHQ9KjPX9VNHnL_UhjQ%26output%3Dth
umbnail%26cb_client%3Dsearch.gws-
prod.gps%26thumb%3D2%26w%3D86%26h%3D86%26yaw%3D84.03547%26pitch%3D0%26t
humbfov%3D100!7i16384!8i8192!4m5!3m4!1s0x876bee84fc34521d:0xb0266ca19c910669!8
m2!3d40.0288931!4d-105.2755418
a copy of which is attached.
BOZA Disposition of Approval Page 20 of 26
Please refer to the following supporting documents:
•BOZA Variance Application
•Existing Floor Plan
•Proposed Improvements (Schematic Design)
•Proposed Site Plan
•Improvement Location Certificate (ILC)
•MLA Listing from 1992
•Photo showing the driveway
•Sign Posting Requirements Acknowledgment Form
Please let me know if you require any more information.
Sincerely,
David Grant, 2946 16th Street, Boulder, CO 80304
BOZA Disposition of Approval Page 21 of 26
BOZA Disposition of Approval Page 22 of 26
BOZA Disposition of Approval Page 23 of 26
BOZA Disposition of Approval Page 24 of 26
BOZA Disposition of Approval Page 25 of 26
BOZA Disposition of Approval Page 26 of 26