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02.11.21 BOZA Packet
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE GIVEN BY THE CITY OF BOULDER, BOARD OF ZONING ADJUSTMENT, AT THE TIME AND PLACE SPECIFIED ABOVE. ALL PERSONS, IN FAVOR OF OR OPPOSED TO OR IN ANY MANNER INTERESTED IN ANY OF THE FOLLOWING VARIANCES FROM THE LAND USE REGULATIONS, TITLE 9, BOULDER REVISED CODE 1981; MAY ATTEND SUCH HEARING AND BE HEARD IF THEY SO DESIRE. (APPLICANT OR REPRESENTATIVE MUST APPEAR AT THE MEETING.) 1. CALL TO ORDER 2. BOARD HEARINGS A. Docket No.: BOZ2020-18 Address: 776 14th Street Applicant: Paul Summerside Setback, Bulk Plane & Solar Exception Variances: As part of a proposal to renovate and construct a rear addition to the existing historic and nonconforming single-family house, the applicant is requesting a variance to the setback, bulk plane, and solar access requirements for a principal structure in the RL-1 zoning district. The resulting north interior side yard setback will be approximately 4.5 feet (taken from the upper story addition) where 5 feet is required and approximately 4.5 feet exists today (taken from the existing lower story). The resulting south interior side yard setback will be approximately 8.3 feet (taken from the replaced lower-level south wall) where 10.3 feet is required in order to meet the combined side yard setback and approximately 8.3 feet exists today. Next, the resulting bulk plane encroachment at the north side of the addition will project vertically beyond the plane by approximately 10.5 feet where an approximate 11.6-foot vertical projection exists with the home’s current roofline. And lastly, the applicant is requesting a solar access exception to the solar access Area 1 regulations due to the addition. The property to the north (792 14th Street) will be the only property affected by this request. Sections of the Land Use Code to be modified: Sections 9-7-1, 9-7-9 & 9-9-17, BRC 1981. THIS ITEM HAS BEEN POSTPONED TO A LATER DATE B. Docket No.: BOZ2021-01 Address: 3093 Broadway Applicant: Jonathan Smith Setback Variance: As part of a proposal to replace storm-damaged decking and stairs at the single- story commercial building’s main entrance, the applicant is requesting a variance to the front (east) yard setback requirements for a principal structure in the RH-2 zoning district. The resulting east setback will be approximately 15.85 feet where 25 feet is required and approximately 15.79 feet exists today. Section of the Land Use Code to be modified: Section 9-7-1, BRC 1981. C. Docket No.: BOZ2021-02 Address: 3091 6th Street Applicant: Tina Marquis Setback 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. CITY OF BOULDER BOARD OF ZONING ADJUSTMENT MEETING AGENDA DATE: Thursday, February 11, 2021 TIME: Meeting to begin at 5 p.m. PLACE: Virtual Meeting 02.11.2021 BOZA Packet Page 1 of 120 D. Docket No.: BOZ2021-04 Address: 2946 16th Street Applicant: David Grant Parking 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. E. Docket No.: BOZ2021-05 Address: 475 College Avenue Applicant: Zubin Emsley Setback Variance: As part of a proposal to construct a new single-story entry and corridor to connect the existing main house with an existing detached garage, the applicant is requesting a variance to the front (south) yard setback requirements for a principal structure in the RL-1 zoning district. The resulting south setback will be approximately 14.3 feet (taken at the new connection) where 25 feet is required, and 21 feet exists today (at the house). The variance would also recognize and establish the existing garage setback of approximately .7 feet. The detached garage would become a part of the principal residence once connected to the house. The subject detached garage was approved via an accessory structure variance in 1987. Section of the Land Use Code to be modified: Section 9-7-1, BRC 1981. 3. GENERAL DISCUSSION A. Approval of Minutes: The December 10, 2020 BOZA minutes are scheduled for approval. B. Matters from the Board C. Matters from the City Attorney D. Matters from Planning and Development Services 4. ADJOURNMENT For more information call Brian Holmes or Cindy Spence at 303-441-1880 or via e-mail holmesb@bouldercolorado.gov. Board packets are available after 4 p.m. Friday prior to the meeting, online at www.bouldercolorado.gov, or at the Planning & Development Services Center, located at 1739 Broadway, third floor. * * * SEE REVERSED SIDE FOR MEETING GUIDELINES * * * 02.11.2021 BOZA Packet Page 2 of 120 CITY OF BOULDER BOARD OF ZONING ADJUSTMENT MEETING GUIDELINES CALL TO ORDER The board must have a quorum (three members present) before the meeting can be called to order. AGENDA The board may rearrange the order of the agenda or delete items for good cause. The board may not add items requiring public notice. ACTION ITEMS An action item requires a motion and a vote. The general format for hearing of an action item is as follows: 1. Presentations • Staff presentation.* • Applicant presentation.*Any exhibits introduced into the record at this time must be provided in quantities of seven to the Board Secretary for distribution to the board and admission into the record. • Board questioning of staff or applicant for information only. 2. Public Hearing Each speaker will be allowed an oral presentation.* • Speakers should introduce themselves, giving name and address. If officially representing a group, homeowners' association, etc., please state that for the record as well. • Speakers are requested not to repeat items addressed by previous speakers other than to express points of agreement or disagreement. Refrain from reading long documents, and summarize comments wherever possible. Long documents may be submitted and will become a part of the official record. When possible, these documents should be submitted in advance so staff and the board can review them before the meeting. • Speakers should address the Land Use Regulation criteria and, if possible, reference the rules that the board uses to decide a case. • Any exhibits introduced into the record at the hearing must be provided in quantities of seven to the Board Secretary for distribution to the board and admission into the record. • Citizens can send a letter to Planning and Development Services staff at 1739 Broadway, Boulder, CO 80302, two weeks before the board meeting, to be included in the Board packet. Correspondence received after this time will be distributed at the board meeting. 3. Board Action • Board motion. Motions may take any number of forms. With regard to a specific development proposal, the motion generally is to either approve the project (with or without conditions), to deny it, or to continue the matter to a date certain (generally in order to obtain additional information). • Board discussion. This is undertaken entirely by members of the board. The applicant, members of the public or city staff participate only if called upon by the Chairperson. • Board action (the vote). An affirmative vote of at least three members of the board is required to pass a motion approving any action. If the vote taken results in a tie, a vote of two to two, two to one, or one to two, the applicant shall be automatically allowed a rehearing. A tie vote on any subsequent motion to approve or deny shall result in defeat of the motion and denial of the application. MATTERS FROM THE BOARD, CITY STAFF, AND CITY ATTORNEY Any board member, Planning and Development Services staff, or the City Attorney may introduce before the board matters, which are not included in the formal agenda. *The Chairperson, subject to the board approval, may place a reasonable time limitation on presentations. 02.11.2021 BOZA Packet Page 3 of 120 02.11.2021 BOZA Packet Page 4 of 120 02.11.2021 BOZA Packet Page 5 of 120 02.11.2021 BOZA Packet Page 6 of 120 02.11.2021 BOZA Packet Page 7 of 120 02.11.2021 BOZA Packet Page 8 of 120 ShelterLab Architecture LLC 1035 Cook Street ~ Denver, Colorado 80206 January 7th, 2021 Board of Zoning Adjustment City of Boulder 1777 Broadway Boulder, Colorado 80302 Re: 3093 Broadway, Boulder, CO 80304; Permit # BLD-NRE2020-00217 Dear Members of the Board, I am writing to describe the circumstances of the variance request for the above- referenced property. The existing building is a 1-story mixed use structure zoned RH2, housing a dental office on the main floor and a dwelling unit in the basement. The building was originally constructed in 1976 for office, retail, and personal service uses, and was approved in 1990 to have dental/medical offices added as approved uses. Throughout the building’s history, a deck and stair has been located on the east side [front] of the building, from the main floor to grade, encroaching on the property’s 25’ front setback. The original deck & stair was damaged in the September 2020 storm, and this proposal seeks to permission for a replacement occupying roughly the same space but configured slightly differently. The building itself is 29’ from the front property line, and is surrounded by a retaining wall providing a walkout from the basement level, which on the front of the building is some 9’ east of the building’s east wall. Because the deck and stair must project from the wall of the building in excess of 9’ in order to clear the walkout, it is not possible to construct them without encroaching on the setback, which falls roughly at the middle of the walkout area. The original deck and stair encroached approximately 9’-3” into the setback, and the replacement encroaches approximately 9’-2”. With respect to the Criteria for Variances, we believe that these conditions satisfy the requirements of Paragraph (1)—Physical Conditions or Disability. Specifically, the presence of the basement walkout, which has existed since the building’s construction, manifests unusual physical circumstances peculiar to the affected property. This condition is not one that exists throughout the neighborhood or zoning district. As mentioned above, its presence prevents construction of a deck and stair in conformity with the setback, and this hardship dates to the original development of the building, far predating both this proposal and the applicant’s ownership of the property. Further, with respect to Paragraph (5)—Requirements for All Variance Proposals, we believe that all conditions are satisfied. The proposal would not alter the essential character of the neighborhood or district—it is a replacement of an element which has long been a part of the neighborhood. If fact, if you review the 1990 Planning Board Special Review document attached to this application for your information, you will note 02.11.2021 BOZA Packet Page 9 of 120 2 that one original condition of the permission for the building was that it maintain a single- family residential appearance, with the deck and stair as an element of that. Additionally, the proposal would not impair the reasonable use and enjoyment or development of the adjacent property in any way; it in fact encroaches a slightly smaller distance than the configuration it replaces; and has no effect at all on solar access. For all of these reasons, we believe that the granting of a variance is appropriate, and hope that you will agree. We look forward to addressing any further questions you may have in that regard. Best regards, ShelterLab Architecture LLC Dean Lindsey AIA, LEED AP Manager 02.11.2021 BOZA Packet Page 10 of 120 NOV 0 1 1990 MEMORANDUM AGENDA ITEM #113 October 25, 1990 TO:Planning Board FROM:John Fernandez, Director of Current Planning John R. Hinkelman, Staff Planner SUBJECT: Public hearing and consideration of a request for Special Review #SR-90-15 to add medical/dental as an additional use category for the subject property located at 3093 Broadway. Applicant: Steve Montgomery I.STATISTICS Proposal:Add medical/dental use to the existing approved uses of office. retail and personal services. No variations to the Land Use Regulations are requested. Location:3093 Broadway (southwest corner of Evergreen Ave. and Broadway Ave.). Size of Tract:12,897 square feet. Existing Zoning: HR-E (High Density Residential-Established). Comprehensive Plan:High Density Residential II. KEY ISSUES A.Does the medical/dental use provide direct service or convenience to the surrounding uses or neighborhood? B.Are the location, size, design and operating characteristics of the proposed development such that the use will be reasonably compatible with and have minimal negative impact on the use of nearby properties? C.Will the additional use change the predominant character of the surrounding area as intended under the zoning district? 02.11.2021 BOZA Packet Page 11 of 120 NOV 0 1 1990 Memo to Planning Board - 10/25/90 Page 2 Re: Montgomery Special Review III. BACKGROUND AND PROJECT DESCRIPTION A. Site Location The site of the requested Special Review is the southwest corner of Evergreen Avenue and Broadway Avenue. B.Special Review Request The Special Review request is for an additional use category to include medical and dental clinics to the already approved uses of office, retail and personal services at this location. The subject property has been occupied b) personal service offices, a beauty shop, a wholesale beauty supply company and other similar uses since 1976. Medical/dental clinics located in an HR-E zoning district are allowed on] b special review. No other variations to the land use regulatiuns are requested. IV. ANALYSIS This property has a previously approved Special Review in 1976 (#SR-76-7) for the office, retail and personal service uses. The primary discussion and focus in 1976, were to limit the uses to those that were neighborhood-oriented. Another issue and a concern to the residents of the neighborhood was to have the building constructed to look more like a single family structure than an office building. Staff analysis of how this proposal meets the special review criteria is presented in two formats. The first is an analysis of the most applicable criteria for this request found in sections A, B and C. The second is the special review criteria checklist (attached). The focus of this discussion is on the impacts of the additional uses proposed and whether they will be compatible with nearby properties. A. Does the medical/dental use provide direct service or convenience to the surrounding uses or neighborhood? The additional use of medical/dental clinic service could like many such clinics, provide direct service to the nearby neighborhoods and most certainly will provide convenience to the neighborhood due to its proximity to various types of residential and business uses. 02.11.2021 BOZA Packet Page 12 of 120 NOV 0 1 1990 Memo to Planning Board - 10/25/90 Page 3 Re: Montgomery Special Review B.Are the location, size, design and operating characteristics of the proposed development such that the use will be reasonably compatible with and have minimal negative impact on the use of nearby properties? The area surrounding the site has a mixture of residential and non-residential uses. South of and adjacent to this property along Broadway are high density residential units, to the west across the alley single family residential, across Evergreen Avenue to the north is single family residential and to the east side of Broadway, high density residential, the North Boulder Recreation Center and an office building. There is no proposed expansion to the existing building. The existing building is a low profile, two story structure which has the appearance of a single family residential unit. Based upon the square footage of the building thirteen (13) off-street parking spaces required. The existing parking lot parking lot at the rear of the building are 19 spaces, which exceeds the off-street parking requirement by six spaces. Traffic that is generated by the existing uses comes primarily off of Broadway and occurs mostly on weekdays during normal working hours. Very little weekend traffic is expected. The intersection of Evergreen Avenue and Broadway Avenue experience no traffic movement problems. This is in part due to the signalized intersection at the North Boulder Recreation Center which creates gaps in the traffic flLm and allows for easier access to Broadway. Another factor is that Evergreen Avenue does not extend across Broadway which does not create competing traffic movements. C.Will the use change the predominant character of the surrounding area as intended under the zoning district? The uses and general residential character of the building complement the existing uses in the neighborhood and provide a good transition from the HR- E zoning district to adjacent single family uses to the north and west. V.NEIGHBORHOOD COMMENT Staff has received three phone calls from the neighborhood about the proposal. All of the comments raised concerns regarding potential expansion of the existing building and whether there was adequate off-street parking_for additional uses. After, explanation of the proposal by staff those issues were addressed to the neighbors satisfaction. 02.11.2021 BOZA Packet Page 13 of 120 Memo to Planning Board - 10/25/90 02- Q 1 1990 Re: Montgomery Special Review VI. RECOMMENDATION A. Conclusion Staff concludes that the project meets the Special Review criteria of the Land Use Regulations. Staff finds that the proposed additional category of use medical/dental) will be compatible with the surrounding uses and neighborhood. B.Recommendation - Project Approval Staff therefore recommends that Planning Board adopt this memorandum and the attached code criteria checklist as findings of the Board and approve the Special Review with the following conditions: 1.Development shall be in compliance with the approved site plan dated August 1, 1990. This approval is limited to the additional eategor~ of medical/dental use to the existing approved uses of office, retail and personal service. Applicant shall not expand or modify the approved use, except pursuant to section 9-4-9 (g), B.R.C. 1981. JH3093.PB 02.11.2021 BOZA Packet Page 14 of 120 THIRD ALLOCATION EXCESS AWARDS AVAILABLE: 579 NOV o 1 1990 DEVELOPMENT APPLICANT TOTAL Greenbelt Meadows South C & F Investments 1.00 Wellington Gardens Yaffe Construction 1.00 Kalmia Meadows Markel Homes 2.00 Hillside Meadows St. Germain 1.00 Country Meadows Markel Homes 2.00 Gunbarrel North McStain Enterprises 1.00 Castle Pines Scott Thorburn 1.00 Kalmia Meadows Scott Thorburn 1.00 Gunbarrel North McStain Enterprises 1.00 Northcreek Ashland Homes Corporation 1.00 Pease Apartments Jay Wolkowski 6.00 Wonderland Hill Ron Grace 1.00 Timberland Subdivision Colin Egan 1.00 Wellington Gardens Robert Henson Construction 1.00 Country Meadows Robert Henson Construction 1.00 Meadows Glen II North Daystar VI/Shervanick 1.00 Wickstrom Subdivision Gordon Wickstrom 1.00 Northcreek Ashland Homes Corporation 1.00 Centennial Meadows Richard Lefcourt 1.00 Country Meadows James Company 3.00 Deer Ridge Park Gunter Seelhof 1.00 Wonderland Meadows J.F. Young Associates 1.00 Walnut Hollow William Coburn 1.00 Annie's Subdivision William Coburn 1.00 Country Meadows Robert Luckett 1.00 Cobblestone Court Jack Kruse 1.00 Kalmia Meadows Robert Cahn 1.00 Lumry Estates Conway Development 1.00 Greenbelt Meadows South C & F Investments 1.00 977 Quince Spectrum Building 1.00 Makena/Taylor Lot 3 Wonderland Homes 1.00 Wellington Gardens James Company 1.00 Noble Park Markel Homes 1.00 Noble Park Markel Homes 1.00 Noble Park Markel Homes 1.00 Noble Park Markel Homes 1.00 Northcreek Ashland Homes 2.00 Gallager Subdivision Roy Johnson 1.00 Noble Park Artistry Homes Corporation 4.00 Greenbelt South Cooke Construction 1.00 TOTAL:51.00 102.11.2021 BOZA Packet Page 15 of 120 FOURTH ALLOCATION AWARDS AVAILABLE: 735 NOV 0 1 1990 DEVELOPMENT APPLICANT TOTAL Noble Park Richard L. McCabe 16.00 Aspen Grove North Boulder Associates 35.00 Peak Properties Spring Park 35.00 TOTAL:86.00 AVAILABLE EXCESS ALLOCATIONS:649 RM4GM.PBM 202.11.2021 BOZA Packet Page 16 of 120 ur, acc u. T a.na i i.R1A EXHIBIT C project: VADMT40n PC,(Date: 10-Z3 NDoo t ts9o Tradu i ANALYSIS 1.The use is otinsistent with the purpose of the zoning district as set forth in Section 9-2-1, B.R.C. 1981; Zoning district: imt, +p!!~Pnc-A AAd_L ~wnn,1~ uses o rned i cu-l [A RF.UI~- 2.The use either: A) Provides direct service or convenience to the surrounding uses or neighborhood; lht. [dL hgyn Of Me& M, JAW-ail 1ks.e.. CAxI . t~v.~use.-s rwt5 0 B) Is necessary to foster a specific city policy, as expressed in the BVCP, including without limitation, historic preservation, moderate income housing, residential and non-residential mixed uses in appropriate locations, and group living arrangements for special populations; or C) Enhances the mixture of complementary uses and activities in the surrounding area. 3.The location, size, design, and operating characteristics of the proposed development in addition to the requirements of N2 of this subsection) are such that the use will be reasonably compatible with and have minimal negative impact on the use of nearby properties; ThQ- b takyV o Me PIX t1e l 04 gio~ d w o u Ut~1 Ev t,~ww~a e w AN?-. a.&w s a~u tss c,~ A flc~s r~ l,mYxuk !M e. W61,bo,A #o ~Mt rJe~~ . 'kY)U &C iW j5 (Oy1 d 01~ t,1 c~.a~ro.~ke,l ~ 'tis (,o~n.~w~ble~ w-t'"1~,. c,d~cc.w~ ttis4.s . o~ P•r~. ~ 5'•3o P.rv~. 02.11.2021 BOZA Packet Page 17 of 120 NOV 0 1 1990 EXHIBIT B AL-L-E A vur+w~ft,= NT iewGE I I I I I~ PARILI tJ T P 9) tP~FSs a T ale 5-481 7 rI tYV cF/ e s'-4" I I me' W WSLIf7JEG'T 6u'LDi~..lb jb+nT FeN~E La,N~- LEVL L J Wn-L-K~Y ii- m 71 OR'f R'EC -E+a~c-r i3093 ~o?.DW^`(I "=10 -o' EVEFyREEN u+e US EKI4TIN6 GONDI'TID ~~i 0~1 /90 CCC(((:::JJJ OV• 7eEt - 6t~sT. C02.11.2021 BOZA Packet Page 18 of 120 the use will not significantly adversely affect the infrastructure of the neighborhood4ov o i i99o including without limitation, water, wastewater, and storm drainage utilities and streets; S.The use will not change the predominate character of the surrounding area as intended under the zoning district; and W wkkwo was MJCXt 5k~cv c up c, v xis At kA l n kln v C.~GNQ a 1~.~- ru Jo~ltioo~4 .a u*5e, Lkn rot c prCd a of auryzLIL",..q, 01 6.Applies to special review of group homes)Q ADDITIONAL INFORMATION NEEDED TO PROCESS APPLICATION: SRCMFM 02.11.2021 BOZA Packet Page 19 of 120 02.11.2021 BOZA Packet Page 20 of 120 BROADWAYALLEYEVERGREEN AVENUEPUBLIC SIDEWALK[E] CONC. WALK129.78'129.02'99.95'99.95'27.7'15.8'29.5'19.9'65.3'7.6'29'10.1'72.5'24.7'UPUPUPUPUPUP[E] ONE STORYSTUCCO BUILDINGWITH BASEMENT3093 BROADWAYPROPERTY LINEPROPERTY LINEPROPERTY LINE[E] BSMT. LEVELWALK-OUTPUBLIC SIDEWALKUPUP[N] DECK& STAIR12.5'sidestreetsetback10'sideinteriorsetback25'front setback25'rear setback9'[E] CONC.RET. WALL[E] BSMT. LEVELWALK-OUT7.6'AREA OF DECK & STAIRREPLACEMENT15'-11"13'-3"ISSUED FORCopyright 2020 ShelterLab Architecture LLC.All rights reserved. These drawings may notbe copied or reproduced in any form withoutthe express written permission of ShelterLabArchitecture LLC.GS1 Site Plan, Zoning Data, Building & Energy Code Data,Legal Description, Building Information, Drawing Index,Project Directory, General RequirementsA1.1 Original Deck & Stair Demo Plan; Deck & Stair Plan; StairSection/Elevation at Deck & StairDrawing IndexBuilding InformationTotal Existing First Floor Area: 2031 sf.Total Existing Basement Floor Area: 1732 sf.Total Existing Aggregate Building Floor Area: 3763 sf.Existing Demo'd Exterior Deck & Stair Area: 146 sf.New Exterior Deck & Stair Area: 154 sf.Net Change to Exterior Deck & Stair Area: 8 sf. Classification of Work: RepairGS1Smith Deck & Stair3093 - B BroadwayBoulder, Colorado 80304General Requirements, Site Plan; Zoning, Energy, & Building Code Data,Legal Description, Building Information, Project Directory, Drawing IndexOWNER: 3093 Broadway LLCContact: Jon Smith - 720.295.9231ARCHITECT: ShelterLab Architecture LLCContact: Dean Lindsey AIA - 303.775.3300STRUCTURAL ENGINEER: Glenn Frank EngineeringContact: Jesse Sholinsky - 303.554.9591GENERAL CONTRACTOR: Bruce Leahy ConstructionContact: Bruce Leahy - 303.638.0563Project DirectoryGeneral Requirements1. LICENSES AND PERMITS: All work shall be performed under permit from theappropriate governmental entity; by licensed contractors and shall be inspected bysuch personal and observed by the architect. Contractor shall obtain and pay for allpermits, licenses and taxes involved in the work.2. INSURANCE: Contractor and subcontractors shall carry all required insurance tohold owner free from any and all damages including Workman's Compensation,Contractors Liability and Property Damage Insurance. Homeowner shall increasecoverage of Homeowner Policy as work progresses.3. SAFETY: Contractor shall take all reasonable precautions for the safety of employees,occupants and the property itself. Maintain two 5 lb. ABC fire extinguishers on thejob from start to finish.4. DATA AND MEASUREMENTS: The data given herein and on the drawings are asexact as could be secured. Their absolute accuracy is not guaranteed and thecontractor shall obtain exact locations, measurements, levels, etc. at the site andshall satisfactorily adapt his work to the actual site conditions. The contractor shallnotify the architect of any discrepancies in construction documents, if they occur.The data contained in these documents shall be assigned the following priorities:a) Specifications shall take priority over all other data contained on the drawings.b) Notes on the drawings shall take priority over dimensions.c) Dimensions.d) Never scale drawings. When questions arise that cannot be answered throughthe process outlined above or when discrepancies occur always notify thearchitect.5. EXISTING CONDITIONS: The Contractor shall be responsible for investigatingexisting conditions. The contractor and all subcontractors shall examine the worksite and shall satisfy themselves as to the work site and shall have satisfiedthemselves as to the existing conditions under which they will be obliged to operateor that will in any way affect the work. No additional allowances will be made for lackof knowledge of such conditions.6. MATERIALS: All materials shall be new, in good condition and of standard grade orbetter.7. WORKMANSHIP: All work shall be performed by mechanics skilled in their respectivetrades in accordance with the best practices of that trade. Contractor is to coordinate,supervise and take responsibility for all work of his employees and subcontractors.8. DAMAGE: Repairs should be made to all surfaces, furnishings or equipment damagedduring any construction process by the contractor or his subs, at no additional costto the owner. Note: landscaping and sod restoration at the end of the job shall beowner's responsibility unless noted otherwise on the drawings.9. DEBRIS: Site and building shall be kept in neat and safe condition at all times.Protect finished spaces from damage, moisture and dust with plastic drop cloths.10. SUBSTITUTIONS: No substitutions will be allowed during the bid phase. If, duringconstruction, the contractor or sub-contractors wish to suggest a substitution, itmust first be approved by the owners and architect. "Or equal" as used in thesedrawings indicates the need for Architects approval.11. CHANGES: Owner, architect and contractor may negotiate additions, deletions orrevisions to the scope of work, and adjust the contract sum and contract timeaccordingly. A written record of each change shall be submitted by the contractor andapproved by the owner before the change is to be done. The architect will be given acopy of all change orders by the contractor. No claims for changes will beacknowledged unless accompanied by such written approvals.12. ARCHITECT'S ROLE: The architect will have no responsibility to supervise orcoordinate the contractor's work, to stop work for any reason, or to insureconstruction safety. His sole function shall be to act as the owner's agent in makingperiodic visits to observe whether the work is proceeding according to the plans andspecifications. The Architect wishes to consult frequently with the Contractor andprovide whatever assistance or clarification might be necessary to keep the jobproceeding according to schedule and plan. Should questions arise, the contractor orany sub may call the Architect at 303.775.3300. The Architect retains noresponsibility for unilateral interpretations or deviation from the documents by theContractor or Contractor's agents.13. DUTY OF COOPERATION: Release of these plans contemplates further cooperationamong the owner, his contractor and the architect. Design and construction arecomplex. Although the Architect and his consultants have performed their serviceswith due care and diligence, they cannot guarantee perfection. Communication isimperfect, and every contingency cannot be anticipated. Any ambiguity ordiscrepancy discovered by the use of these plans shall be reported immediately to theArchitect. Failure to notify the Architect compounds misunderstanding and increasesconstruction costs. A failure to cooperate with the Architect shall relieve the Architectfrom responsibility for all consequences. Changes made from the plans withoutconsent of the architect are unauthorized and shall relieve the architect ofresponsibility for all consequences arising out of such changes.14. WARRANTY: The Contractor should warrant all work and materials, whether by hisown forces or subcontractors, for a period of at least one year from date of finalpayment. Manufacturer's warranties, operating or maintenance literature should beprovided to the owners by contractor.15. PAYMENT SCHEDULE: Architect will review and transmit application for payment toowners within five working days. Final payment will be due upon substantialcompletion, minus 2x the value of the punch list as determined by the architect.16. SIGNAGE: The architect and contractor shall be permitted to erect signs identifyingthemselves for the duration of the job. Signs shall not exceed 6 s.f. each.17. SITE FACILITIES: Owners will provide electrical and water for duration of work. Abarricade shall be erected around the construction site per county code until buildingis secured.18. STORAGE OF MATERIALS: Owner and contractor shall protect all finish materials,before and after installation, in weatherproof conditions. Protect in place: framing,plywood, masonry, etc., from adverse weather.19. CLEAN UP: The interior should be swept clean at least weekly, all refuse from thework shall be removed from the site. All subs to remove their scrap to the G.C.'sdumpster. During work, the site shall be kept in an orderly and safe state, includingdaily clean up of scrap, trash and debris. Upon completion the Contractor shallengage a crew of professional cleaners to perform a construction clean, to include:vacuum all floors, scrape and wash all windows, clean all plumbing fixtures, wipe outall new cabinet interiors, etc. Paint brushes and buckets shall not be cleaned in yard.20. SHOP DRAWINGS: Shop drawings shall be submitted to the architect for his reviewof the following items: kitchen cabinets, casework, and mechanical layout.21. SUBSTANTIAL COMPLETION: Substantial completion is the stage in the progress ofthe work when the work is sufficiently complete so that the Owner can occupy orutilize all portions of the work for their intended use. In no event shall substantialcompletion be considered prior to approval of all final inspections required bypermitting agencies. Substantial completion may be considered to have been reachednotwithstanding the existence of a "punch list" of misc. insubstantial deficiencies tobe cured by the Contractor.DATEConstruction 11 Dec. 2020BOZA appl.07 Jan. 2021NOTE:All components of these drawings shall be reviewed by the ownerand their contractor prior to submitting for a building permit.Submission of these drawings for a building permit indicates allnotes, details, dimensions, and other pertinent data have beenreviewed, and constitutes acceptance and approval of the owner.303 775 3300 dean@shelterlab.comLegal DescriptionLots 45-48, Block 3NewlandsCity & County of BoulderState of ColoradoEnergy Code DataEnergy Code: 2020 COBECCEnergy Code compliance method: Prescriptive PathType of work: RepairClimate Zone: 5BNOTE:1. Project is the replacement of an damaged exterior deck andstair only. No changes to the building's thermal envelope willresult from this project. Therefore, no checklists are providedwith this submittal.Building Codes: I.B.C. 2018 w/ Boulder Amendments;2020 City of Boulder Energy Conservation CodeExisting basement:Occupancy Group: R3, Construction Type: V-BMaximum stories above grade plane: 3; Actual: 0Existing Group R3 basement area: 1556Maximum area per story: unlimited; Actual: 1556; Ratio: n/aOccupancy Group: B, Construction Type: V-BMaximum stories above grade plane: 3; Actual: 0Maximum area per story: 9000; Actual: 176; Ratio: 0.02Existing first floor:Occupancy Group: B, Construction Type: V-BMaximum stories above grade plane: 2; Actual: 1Maximum area per story: 9000; Actual: 2031; Ratio: 0.23Existing Demo'd Exterior Deck & Stair: 146New Replacement Exterior Deck & Stair: 154Net change to Exterior Deck & Stair area: 8Building Code DataZoning DataZone District: RH2Use Module - R6Form Module - CIntensity Module - 12.5Bulk Plane: n/a; RH2 zone districtFAR: n/a; RH2 zone districtMinimum Setbacks:Front = 25'Side interior = 10'Side street = 12.5'Rear = 25'Building Coverage: n/a; RH2 zone districtMaximum Height in Feet: n/a; no change to heightOpen Space: Total lot area = 12936sfRequired space per DU = 600sfRequired open space on lot, non-residential = 10% = 1294sfTotal Required open space: 600 + 1294 = 1894sfBuilding footprint = 2031sf; Deck & stair area:154; Parking lot area = 5874sfActual open space = 12936 - 2031 - 154 -5874 = 4877sf1| Site Plan 1" = 20'-0"010'20' 40'02.11.2021 BOZA Packet Page 21 of 120 3'-6" - typ. guardrail height3' - typ. handrail height2x6 cap, typ.2x4 skirt, typ.2x2 balusters, typ.134" x 1134" LVL stringers perstr., typ.334" typ.11"typ.7"typ.[e] conc. slab to remainNOTE:Ref. str. for all deck framing andattachment specifications, typ.1134" x 112" galv. stl. safetytreads w/serrated surface &open diamond pattern, typ.334"typ.riseropeningwood 2" x 2" horizontal belowstl. tread, typ.[e] conc. ret. wall toremain312"5'-10"9'-1012"3'-5"[e] conc. slab to remain[n] stair[e] lower stair to remain[n] decklanding @ first-floor level @ [e] door[e] retaining wall to remain4'-1"3'-8"[e] first-floor wallA2.123'-8"dn.12'13'-312"9'-134"25' front setback[e] conc. slab to remain[e] stair25' front setback[e] first-floor wall[e] lower stair to remain[e] retaining wall to remain13'-4"9'-212"[e] deckISSUED FORCopyright 2020 ShelterLab Architecture LLC.All rights reserved. These drawings may notbe copied or reproduced in any form withoutthe express written permission of ShelterLabArchitecture LLC.A1.1Smith Deck & Stair3093 - B BroadwayBoulder, Colorado 80304Upper Deck & Stair Plan; Stair Section;Original Deck & Stair Demolition PlanDATE303 775 3300 dean@shelterlab.com2 | Stair Section/Elevation at Deck & Stair 12" = 1'-0"2'01' 4'1 | Deck & Stair Plan 12" = 1'-0"2'01' 4'Construction 11 Dec. 2020BOZA appl. 07 Jan. 20213| Existing Deck & Stair Demolition Plan 14" = 1'-0"0 1' 2' 4' 6'10'02.11.2021 BOZA Packet Page 22 of 120 RE: Trash - 3075 Broadway 2020 Remodel emack@helixpropertymanagement.com Wed, Jan 20, 3:26 PM to me Hi Jon, My name is Emily Mack, the Property Manager for Helix Property Management, LLC and I represent property address 3075 Broadway and support the stair replacement at 3093 Broadway and will allow a City of Boulder Administrative review. Emily Mack Property Manager Helix Property Management, LLC. -------- Original Message -------- Subject: Re: Trash - 3075 Broadway From: Boulder Canyon Dental <drjon@bouldercanyondental.com> Date: Tue, January 19, 2021 4:30 pm To: Natalie Wasserman <nwasserman@helixpropertymanagement.com> I forgot to attach the photo of the old stair and the new. Here it is. On Tue, Jan 19, 2021 at 4:22 PM Boulder Canyon Dental <drjon@bouldercanyondental.com> wrote: Hi Natalie, We had some damage to our East Staff entrance on Broadway Street that I repaired in the fall. I thought we already had a variance considering the stairwell has been there since 1975, however Zoning requires I get permission from adjacent properties and will not grandfather the structure. Our new stairwell actually encroaches less towards Broadway by a couple inches. Would you all be ok responding to this email or another giving permission for me to replace the previous stairwell? They are very specific to how they need a response, example below: "I represent property address 3075 Broadway and support the stair replacement at 3093 Broadway and will allow a City of Boulder Administrative review." If you do not support this or have any questions please let me know, Thank you, Jon 02.11.2021 BOZA Packet Page 23 of 120 2/4/2021 Boulder Canyon Dental Mail - stairs https://mail.google.com/mail/u/0?ik=be6b609509&view=pt&search=all&permthid=thread-f%3A1690061520707493201&simpl=msg-f%3A16900615207…1/1 Boulder Canyon Dental <drjon@bouldercanyondental.com> stairs 1 message Andy Wyckoff Judson <ajudson@att.net>Wed, Jan 27, 2021 at 10:24 AM To: Jon Smith <drjon@bouldercanyondental.com> To Whom it May Concern: I own property address 3086 Broadway, Boulder Co. I support the stair replacement at 3093 Broadway. Please don't hesitate to contact me is you have any questions. Thank you, Anne Wyckoff Judson 303 946-8085 mobile 303 938-1743 home 02.11.2021 BOZA Packet Page 24 of 120 2/4/2021 Boulder Canyon Dental Mail - Property 3093 Broadway Variance https://mail.google.com/mail/u/0?ik=be6b609509&view=pt&search=all&permmsgid=msg-f%3A1690050428041308875&dsqt=1&simpl=msg-f%3A1690…1/2 Boulder Canyon Dental <drjon@bouldercanyondental.com> Property 3093 Broadway Variance Smiley & Associates <smileyandassociates@gmail.com>Wed, Jan 27, 2021 at 7:27 AM To: Boulder Canyon Dental <drjon@bouldercanyondental.com> - Hi, Dylan Clark, owner of 3090 Broadway says your plan looks fine to him. He also gave you contact info for his neighbor. Chrissy --------- Forwarded message --------- From: Dylan Clark Date: Wed, Jan 27, 2021 at 6:06 AM Subject: Re: Property 3093 Broadway Variance To: Smiley & Associates <smileyandassociates@gmail.com> Hi Chrissy, This looks totally fine to me! ajudson@att.net is Andy Judson's email. She and her husband own 3086 Cheers, Dylan From: Smiley & Associates <smileyandassociates@gmail.com> Sent: January 22, 2021 11:07 AM To: Dylan Clark <headlessthought@gmail.com> Subject: Fwd: Property 3093 Broadway Variance Hi Dylan, Are you wanting to help out your neighbor by saying you're okay with what he proposes? ---------- Forwarded message --------- From: Boulder Canyon Dental <drjon@bouldercanyondental.com> Date: Wed, Jan 20, 2021 at 3:41 PM Subject: Property 3093 Broadway Variance To: <smileyandassociates@gmail.com> Hi Chrissy, Your tenant at 3090 Broadway Shared your information with me. I own 3093 Broadway across the street. We had some damage to our East Staff entrance on Broadway Street that I repaired in the fall. I thought we already had a variance considering the stairwell has been there since 1975, however Zoning requires I get permission from adjacent properties and will not grandfather the structure. Our new stairwell actually encroaches less towards Broadway by a couple inches. Would you all be ok responding to this email or another giving permission for me to replace the previous stairwell? They are very specific to how they need a response, example below: 02.11.2021 BOZA Packet Page 25 of 120 2/4/2021 Boulder Canyon Dental Mail - Property 3093 Broadway Variance https://mail.google.com/mail/u/0?ik=be6b609509&view=pt&search=all&permmsgid=msg-f%3A1690050428041308875&dsqt=1&simpl=msg-f%3A1690…2/2 "I represent property address 3090 Broadway and support the stair replacement at 3093 Broadway and will allow a City of Boulder Administrative review." If you do not support this or have any questions please let me know, I am also attaching a before and after photo for reference. If you happen to know the owner of 3086 please let me know. I stopped by but no one answered the door, since it shared a driveway I was wondering if you own it as well. Thank you, -- Jon Jonathan B. Smith D.D.S. Boulder Canyon Dental, P.L.L.C 3093 Broadway Boulder, CO 80304 02.11.2021 BOZA Packet Page 26 of 120 From:Wyler, Robbie To:Spence, Cindy Subject:FW: Setback variance docket no. BOZ2021-01 3093 Broadway Date:Friday, February 5, 2021 1:47:40 PM Cindy- Can we add the below email to the record (and online materials)? I just received it regarding BOZ2021-00001. Thank You! -Robbie From: Ann Moshman <rmoshman@aol.com> Sent: Friday, February 5, 2021 1:40 PM To: Wyler, Robbie <WylerR@bouldercolorado.gov> Subject: Re: Setback variance docket no. BOZ2021-01 3093 Broadway We, as property owners along the 3000 block of Broadway are opposed this further, although small, encroachment on the front yard setback requirement. The setback provides visibility for traffic along Broadway and green space. Green space has always been a priority for Boulder. Please add our comments to the Board hearing on February 11, 2021. Ann and Gordon Moshman 02.11.2021 BOZA Packet Page 27 of 120 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: 02.11.2021 BOZA Packet Page 28 of 120 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) 02.11.2021 BOZA Packet Page 29 of 120 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__________ 02.11.2021 BOZA Packet Page 30 of 120 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. 02.11.2021 BOZA Packet Page 31 of 120 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. 02.11.2021 BOZA Packet Page 32 of 120 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. 02.11.2021 BOZA Packet Page 33 of 120 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. 02.11.2021 BOZA Packet Page 34 of 120 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): 02.11.2021 BOZA Packet Page 35 of 120 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; 02.11.2021 BOZA Packet Page 36 of 120 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. 02.11.2021 BOZA Packet Page 37 of 120 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 02.11.2021 BOZA Packet Page 38 of 120 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 02.11.2021 BOZA Packet Page 39 of 120 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 02.11.2021 BOZA Packet Page 40 of 120 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. 02.11.2021 BOZA Packet Page 41 of 120 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. 02.11.2021 BOZA Packet Page 42 of 120 Flatirons, Inc.Surveying, Engineering & Geomaticswww.FlatironsInc.com1640602.11.2021 BOZA Packet Page 43 of 120 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. 02.11.2021 BOZA Packet Page 44 of 120 (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 02.11.2021 BOZA Packet Page 45 of 120 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 Removed02.11.2021 BOZA Packet Page 46 of 120 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 REQUEST02.11.2021 BOZA Packet Page 47 of 120 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 SIDEYARD02.11.2021 BOZA Packet Page 48 of 120 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" INTOSIDEYARD02.11.2021 BOZA Packet Page 49 of 120 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 02.11.2021 BOZA Packet Page 50 of 120 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) 02.11.2021 BOZA Packet Page 51 of 120 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 02.11.2021 BOZA Packet Page 52 of 120 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 02.11.2021 BOZA Packet Page 53 of 120 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. 02.11.2021 BOZA Packet Page 54 of 120 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. 02.11.2021 BOZA Packet Page 55 of 120 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. 02.11.2021 BOZA Packet Page 56 of 120 (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): 02.11.2021 BOZA Packet Page 57 of 120 (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; 02.11.2021 BOZA Packet Page 58 of 120 (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. 02.11.2021 BOZA Packet Page 59 of 120 (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 02.11.2021 BOZA Packet Page 60 of 120 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 02.11.2021 BOZA Packet Page 61 of 120 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 02.11.2021 BOZA Packet Page 62 of 120 (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. 02.11.2021 BOZA Packet Page 63 of 120 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 02.11.2021 BOZA Packet Page 64 of 120 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 l02.11.2021 BOZA Packet Page 65 of 120 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: 02.11.2021 BOZA Packet Page 66 of 120 (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. 02.11.2021 BOZA Packet Page 67 of 120 (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. 02.11.2021 BOZA Packet Page 68 of 120 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 02.11.2021 BOZA Packet Page 69 of 120 02.11.2021 BOZA Packet Page 70 of 120 02.11.2021 BOZA Packet Page 71 of 120 02.11.2021 BOZA Packet Page 72 of 120 02.11.2021 BOZA Packet Page 73 of 120 02.11.2021 BOZA Packet Page 74 of 120 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: 02.11.2021 BOZA Packet Page 75 of 120 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) 02.11.2021 BOZA Packet Page 76 of 120 02.11.2021 BOZA Packet Page 77 of 120 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. 02.11.2021 BOZA Packet Page 78 of 120 02.11.2021 BOZA Packet Page 79 of 120 XXXXXX XXXXXX X GOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSTMSTMSTMSTMSTM6.03.63.94.02.120.1SSTMSTM 28.26.86.330.812.111.95.219.122.222.0SSSSSS37969DESNECILODAROLO CSTMSOHUX05102030( IN FEET )1 inch = 10 ft.G37969DO COO02.11.2021 BOZA Packet Page 80 of 120 01.13.2021 475 College Avenue Residence ArcDen Studio 3201 Osage Street #101 | Denver, CO 80211 Remodel & Addition 475 College Avenue Boulder, CO 80302 To Whom It May Concern, At the request of and on behalf of the owner of the property at 475 College Avenue Boulder, CO 80302, ArcDen Studio LLC is requesting a front setback variance be granted. This variance is part of a larger project on the property where the owner’s request is to create a home where aging in place is possible. To achieve this, we propose creating a single, primary structure by connecting the existing detached garage to the main house with a completely enclosed, ramped corridor, and main entry with zero threshold. The proposed project will also include adding a bathroom and a bedroom on the main level to achieve single floor living. As can be seen from the survey, site diagrams, and photos of existing conditions, the existing lot has extremely steep site conditions, and the buildable area beyond the 25’ front setback is very narrow. Due to these extreme conditions, we are requesting a variance to build part of this proposed project within the 25’ front yard setback that is typically required for principal structures in the RL‐1 zoning district. Note that a front setback variance for the garage was requested and approved November 12, 1987. Please see related BOZABA documentation attached. Other proposed additions and/or interior renovations that are included in the overall scope of this project are by‐right and do not require a variance. The Review criteria that we will be addressing for variance approval are as follows: (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; 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. AND (5) Requirements for All Variance Approvals (A) Would not alter the essential character of the neighborhood or district in which the lot is located; 02.11.2021 BOZA Packet Page 81 of 120 01.13.2021 475 College Avenue Residence ArcDen Studio 3201 Osage Street #101 | Denver, CO 80211 (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. Section (1) A‐D Response There are unique physical conditions associated with the applicant’s property. It is extremely steep except for a narrow strip adjacent to College Avenue. These conditions existing to some extent with other properties in the neighborhood, but with none to such severity. Siting an entry addition and corridor beyond the 25 ft setback would require extensive fill to support such a structure, and cantilever arrangement, or some combination of the two. Additionally, because of the siting of the existing structures on the property, the main house is partially within the front setback and the garage is entirely in the front setback, it is not possible to connect the 2 structures without building in the front setback. Section (5) A‐D Response The variance, if granted, would not impair the reasonable use and enjoyment of the adjacent properties or alter the essential character of the neighborhood. Please see neighbor’s letters included in this application that affirm this. The proposed addition is almost entirely hidden from the neighbors, street and pedestrian views by the existing garage, topography and landscaping. Additionally, it should be noted that this single‐story addition would have no effect on any neighbors’ Solar Access. Sincerely, ArcDen Studio LLC 3201 Osage Street #101 Denver, CO 80211 02.11.2021 BOZA Packet Page 82 of 120 5' INTERIOR SIDE YARD SETBACK10' INTERIOR SIDE YARD SETBACK25' FRONT SETBACK25' REAR YARD SETBACKC OLLEG E A V E .PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEEXISTING WOOD DECK (150 SF)EXISTING MAIN HOUSE FOOTPRINT (615 SF)MAINTAIN AND UTILIZEEXISTING FLAGSTONEPAVER ENTRY EXISTING CONCRETESIDEWALKEXISTING FRONTLANDSCAPINGPROPOSED ADDITIONENCLOSE EXISTING COVERED FRONT PORCH/ENTRY (27 SF)26 SF WITHIN FRONT SETBACK AND REQUESTED FOR VARIANCEEXISTING GARAGE (556 SF)SEE BOZABA DOCKET NO. 87-4711.12.1987EXISTING 5' UTILITYEASEMENTEXISTING 10' UTILITY EASEMENTEXISTING "DROP-OFF" POINTPROPOSED ENTRY/CORRIDOR ADDITION (383 SF TOTAL)214 SF WITHIN FRONT SETBACK AND REQUESTED FOR VARIANCE169 SF IN BY-RIGHT BUILDABLE LOT AREAEXISTING CONCRETE DRIVEPROPOSED FRONT SETBACK PROPOSED ADDITIONFOOTPRINT (213 SF)(BY-RIGHT BUILDABLE)400 HAPGOOD AVE.465 COLLEGE AVE.500 HAPGOOD AVE.1155 JAY ST1111 JAY ST1145 JAY ST1135 JAY ST485 COLLEGE495 COLLEGE475 COLLEGE AVE.(N) COVERED ENTRY14' - 3 1/2"5' - 0"10' - 0"17' - 9"EXISTING BUILDING FOOTPRINTUNBUILDABLE AREA OF STEEP SLOPEALLOWABLE BUILDING AREAPROPOSED BUILDING FOOTPRINTEXISTING DECKZoning: RL-1 Residential -Low 1 (LR-E)Use Modules: R1RL-1: Form Module dDetached dwelling units: AllowedMinimum front yard landscaped setback: 25'-0"Minimum side yard landscaped setback from a street:12.5' (N/A)Minimum side yard setback from an interior lot line: 5'-0"Minimum total for both side yard setbacks: 15'-0"Minimum rear yard setback: 25'-0"Minimum separation between accessory buildings and any other building: 6'-0"Maximum floor area ratio for residential land uses: Lot Size: > 22,500 SF = 0.25:1(22,649*.25 = 5,662.25 SF)Maximum Building Coverage: Lot Size: > 22,500 SF = Lot Size x 0.20 (22,649*.20 = 4,529.8.25 SF)Maximum height for principal buildings and uses: 35'-0"Sec-Town-Range: 36 -1N -71Subdivision: KECOUGHTAN HILLS -BOMarket Area: 101Parcel Number: 146136142013Legal Description:LOT 15 KECOUGHTAN HILLS LESS PT TO ALLEYEst. Parcel Area:Square Feet: 22,649Acres: 0.52Account Number: R0001015Tax Area: 000010No. of Improvements: 1Neighborhood: FLAGSTAFFEXISTING AREA LEVELSFIRST FLOOR (ABOVE GROUND) FINISHED AREA 615 SF2ND FLOOR AND HIGHER FINISHED AREA 464 SFGARDEN BASEMENT FINISHED AREA 315 SFGARDEN BASEMENT UNFINISHED AREA 105 SFDETACHED GARAGE 556 SFTOTAL GROSS FLOOR AREA2055 SFTOTAL LOT COVERAGE1171 SFPROPOSED AREA LEVELSFIRST FLOOR (ABOVE GROUND) FINISHED AREA 615 SF2ND FLOOR AND HIGHER FINISHED AREA 464 SFGARDEN BASEMENT FINISHED AREA 315 SFGARDEN BASEMENT UNFINISHED AREA 105 SFATTACHED GARAGE 556 SFNEW BEDROOM ADDITION213 SFNEW ENCLOSED (E) FRONT PORCH27 SFNEW FRONT ENTRY/CORRIDOR ADDITION383 SFTOTAL GROSS FLOOR AREA2678 SFTOTAL LOT COVERAGE1794 SFZONING INFORMATIONC2020 ArcDen Studio, LLCThis document and the ideas anddesigns incorporated herein are given inconfidence and shall be used onlypursuant to the agreement with ArcDenStudio, LLC. No other use,dissemination or duplication may bemade without prior written consent ofArcDen Studio, LLC. All common lawrights of copyright are herebyspecifically reserved.Stamp:Revisions/Issues:---Sheet:Contents:ArcDen StudioOwner:Zubin Emsley475 College Ave.Boulder, CO 80302Design:ArcDen Studio, LLC3201 Osage Street, #101Denver, CO 80211Contact: Hans Osheim720.688.9028Structural:T1.05HILL RESIDENCE475 COLLEGE AVEBOULDER, CO 80302Date:01/13/21Phase:BOZA APPLICATIONPROPOSED SITE PLANSCALE:1/16" = 1'-0"1PROPOSED SITE PLANN02.11.2021 BOZA Packet Page 83 of 120 MECH. ROOMBATHROOMBEDROOMCLOSET/STORAGELAUNDRYDEMO (E) SINK AND VANITYUPHWHFURNACECRAWLSPACEDEMOLITION SYMBOLSEXISTING WALL TO REMAIN, PROTECT AS REQUIREDEXISTING WALL TO BE REMOVEDEXISTING ELEMENT, TO BE REMOVEDC2020 ArcDen Studio, LLCThis document and the ideas anddesigns incorporated herein are given inconfidence and shall be used onlypursuant to the agreement with ArcDenStudio, LLC. No other use,dissemination or duplication may bemade without prior written consent ofArcDen Studio, LLC. All common lawrights of copyright are herebyspecifically reserved.Stamp:Revisions/Issues:---Sheet:Contents:ArcDen StudioOwner:Zubin Emsley475 College Ave.Boulder, CO 80302Design:ArcDen Studio, LLC3201 Osage Street, #101Denver, CO 80211Contact: Hans Osheim720.688.9028Structural:D1.00HILL RESIDENCE475 COLLEGE AVEBOULDER, CO 80302Date:01/13/21Phase:BOZA APPLICATIONDECONSTUCTION PLANSCALE:1/4" = 1'-0"1DECONSTRUCTION PLAN - LEVEL 1N02.11.2021 BOZA Packet Page 84 of 120 D2.001D2.012KITCHENENTRYSTUDYDININGLIVING ROOMD2.002UPDNGARAGECOVERED PORCHFRONTENTRYWALKWAYFRONTPATIOFRONTPATIOGARAGE ENTRY WALKWAYDECKREMOVE INTERIOR PARTITION WALLS,CABINETRY, FIXTURES, AND FINISHES AS NOTEDFLOORING TO REMAIN, PROTECT AS REQ'DREMOVE (E) EXTERIOR WALL, WINDOW AND ENTRY DOOR, SALVAGE ENTRY DOOR FOR REUSEREMOVE PORTION OF (E) WALL,SEE A1.01REMOVE (E) EXT. DOORS AND WINDOWSAS NOTED, SEE A1.01REMOVE (E) EXT. DOORS AND WINDOWS AS NOTED, SEE A1.01REMOVE (E) EXT. PATIO PAVERS, STEPS, AND WALKWAY AS REQ'D, SEE A1.01REMOVE PORTION OF (E) COVERED ENTRY AND COLUMNNO WORKAT GARAGE(E) RETAINING WALLDEMOLITION SYMBOLSEXISTING WALL TO REMAIN, PROTECT AS REQUIREDEXISTING WALL TO BE REMOVEDEXISTING ELEMENT, TO BE REMOVEDC2020 ArcDen Studio, LLCThis document and the ideas anddesigns incorporated herein are given inconfidence and shall be used onlypursuant to the agreement with ArcDenStudio, LLC. No other use,dissemination or duplication may bemade without prior written consent ofArcDen Studio, LLC. All common lawrights of copyright are herebyspecifically reserved.Stamp:Revisions/Issues:---Sheet:Contents:ArcDen StudioOwner:Zubin Emsley475 College Ave.Boulder, CO 80302Design:ArcDen Studio, LLC3201 Osage Street, #101Denver, CO 80211Contact: Hans Osheim720.688.9028Structural:D1.01HILL RESIDENCE475 COLLEGE AVEBOULDER, CO 80302Date:06.10.2020Phase:BOZA APPLICATIONDECONSTRUCTION GROUND LEVEL PLANNSCALE:1/4" = 1'-0"1DECONSTRUCTION PLAN - GROUND LEVEL02.11.2021 BOZA Packet Page 85 of 120 D2.001D2.012D2.011BATHROOM 2BEDROOM 2WALK INCLOSETOFFICE/YOGA STUDIOD2.002LOFTDNREMOVE ALL (E) CABINETRY, FIXTURESAND FINISHES,REMOVE (E) DOOR, SALVAGE FOR RESUSEREMOVE PORTION OF (E) WALL, SEE A1.01REMOVE PORTION OF (E) WALL, SEE A1.01 AND WINDOW SCHEDULEREMOVE (E) LOFT FLOORAND LADDER, SALVAGE LADDERREMOVE PORTION OF (E) WALLSEE A1.01(E) HARDSCAPINGDEMOLITION SYMBOLSEXISTING WALL TO REMAIN, PROTECT AS REQUIREDEXISTING WALL TO BE REMOVEDEXISTING ELEMENT, TO BE REMOVED(E) ROOFC2020 ArcDen Studio, LLCThis document and the ideas anddesigns incorporated herein are given inconfidence and shall be used onlypursuant to the agreement with ArcDenStudio, LLC. No other use,dissemination or duplication may bemade without prior written consent ofArcDen Studio, LLC. All common lawrights of copyright are herebyspecifically reserved.Stamp:Revisions/Issues:---Sheet:Contents:ArcDen StudioOwner:Zubin Emsley475 College Ave.Boulder, CO 80302Design:ArcDen Studio, LLC3201 Osage Street, #101Denver, CO 80211Contact: Hans Osheim720.688.9028Structural:D1.02HILL RESIDENCE475 COLLEGE AVEBOULDER, CO 80302Date:01/07/21Phase:BOZA APPLICATIONDECONSTRUCTION PLAN - LEVEL 3SCALE:1/4" = 1'-0"1DECONSTRUCTION PLAN - LEVEL 3N02.11.2021 BOZA Packet Page 86 of 120 D2.001D2.012D2.011D2.0024" / 1'-0"4" / 1'-0"REMOVE (E) ENTRY OVERHANG4" / 1'-0"(E) HARDSCAPINGDEMOLITION SYMBOLSEXISTING WALL TO REMAIN, PROTECT AS REQUIREDEXISTING WALL TO BE REMOVEDEXISTING ELEMENT, TO BE REMOVEDC2020 ArcDen Studio, LLCThis document and the ideas anddesigns incorporated herein are given inconfidence and shall be used onlypursuant to the agreement with ArcDenStudio, LLC. No other use,dissemination or duplication may bemade without prior written consent ofArcDen Studio, LLC. All common lawrights of copyright are herebyspecifically reserved.Stamp:Revisions/Issues:---Sheet:Contents:ArcDen StudioOwner:Zubin Emsley475 College Ave.Boulder, CO 80302Design:ArcDen Studio, LLC3201 Osage Street, #101Denver, CO 80211Contact: Hans Osheim720.688.9028Structural:D1.03HILL RESIDENCE475 COLLEGE AVEBOULDER, CO 80302Date:01/07/21Phase:BOZA APPLICATIONDECONTRUCTION ROOF PLANSCALE:1/4" = 1'-0"1DECONSTRUCTION ROOF PLAN02.11.2021 BOZA Packet Page 87 of 120 GROUND FLOOR100' -0"GROUND FLOOR GARAGE98' -1 11/16"REMOVE (E) FRONT DOOR AND ENTRY WALL (BEYOND)REMOVE (E) ROOF OVERHANG ANDCOLUMNREMOVE (E) FRONT DOORS AND WINDOWST.O. EXISTING ROOF123' -6"GROUND FLOOR100' -0"GROUND FLOOR GARAGE98' -1 11/16"REMOVE (E) EXTERIOR DOOR, WINDOW AND PORTION OF EXTERIORWALLREMOVE ROOF (E) ROOF OVERHANG AND COLUMN AT ENTRYT.O. EXISTING ROOF123' -6"C2020 ArcDen Studio, LLCThis document and the ideas anddesigns incorporated herein are given inconfidence and shall be used onlypursuant to the agreement with ArcDenStudio, LLC. No other use,dissemination or duplication may bemade without prior written consent ofArcDen Studio, LLC. All common lawrights of copyright are herebyspecifically reserved.Stamp:Revisions/Issues:---Sheet:Contents:ArcDen StudioOwner:Zubin Emsley475 College Ave.Boulder, CO 80302Design:ArcDen Studio, LLC3201 Osage Street, #101Denver, CO 80211Contact: Hans Osheim720.688.9028Structural:D2.00HILL RESIDENCE475 COLLEGE AVEBOULDER, CO 80302Date:01/13/21Phase:BOZA APPLICATIONDECONSTRUCTION EXT. ELEV.SCALE:1/4" = 1'-0"1DECONSTRUCTION SOUTH EXTERIOR ELEV.SCALE:1/4" = 1'-0"2DECONSTRUCTION WEST EXTERIOR ELEV.02.11.2021 BOZA Packet Page 88 of 120 GROUND FLOOR100' -0"LEVEL 191' -10 3/4"GROUND FLOOR GARAGE98' -1 11/16"REMOVE (E) EXTERIOR WINDOWSREMOVE PORTION OF EXTERIOR WALLT.O. EXISTING ROOF123' -6"GROUND FLOOR100' -0"LEVEL 191' -10 3/4"GROUND FLOOR GARAGE98' -1 11/16"REMOVE(E) EXTERIOR DOORS, WINDOWS, ANDPORTION OF EXTERIOR WALLREMOVEPORTION OF EXTERIOR WALLT.O. EXISTING ROOF123' -6"C2020 ArcDen Studio, LLCThis document and the ideas anddesigns incorporated herein are given inconfidence and shall be used onlypursuant to the agreement with ArcDenStudio, LLC. No other use,dissemination or duplication may bemade without prior written consent ofArcDen Studio, LLC. All common lawrights of copyright are herebyspecifically reserved.Stamp:Revisions/Issues:---Sheet:Contents:ArcDen StudioOwner:Zubin Emsley475 College Ave.Boulder, CO 80302Design:ArcDen Studio, LLC3201 Osage Street, #101Denver, CO 80211Contact: Hans Osheim720.688.9028Structural:D2.01HILL RESIDENCE475 COLLEGE AVEBOULDER, CO 80302Date:01/13/21Phase:BOZA APPLICATIONDECONSTRUCTION EXT. ELEV.SCALE:1/4" = 1'-0"2DECONSTRUCTION EAST EXTERIOR ELEVATIONSCALE:1/4" = 1'-0"1DECONSTRUCTION NORTH EXTERIOR ELEV.02.11.2021 BOZA Packet Page 89 of 120 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__________ 02.11.2021 BOZA Packet Page 90 of 120 ArcDen Studio1/13/2021 3:17:45 PMC:\Users\adart\ArcDen Studio Dropbox\Projects\20_Hill Residence\Drawings\05_REVIT MODEL\Hill_BOZA Application.rvtHILL RESIDENCE01.13.2021BOZA APPLICATION02.11.2021 BOZA Packet Page 91 of 120 C2020 ArcDen Studio, LLCThis document and the ideas anddesigns incorporated herein are given inconfidence and shall be used onlypursuant to the agreement with ArcDenStudio, LLC. No other use,dissemination or duplication may bemade without prior written consent ofArcDen Studio, LLC. All common lawrights of copyright are herebyspecifically reserved.Stamp:Revisions/Issues:---Sheet:Contents:ArcDen StudioOwner:Zubin Emsley475 College Ave.Boulder, CO 80302Design:ArcDen Studio, LLC3201 Osage Street, #101Denver, CO 80211Contact: Hans Osheim720.688.9028Structural:T1.01HILL RESIDENCE475 COLLEGE AVEBOULDER, CO 80302Date:01/13/21Phase:BOZA APPLICATIONZONING/LOCATION MAPSZONING MAPRL-1 ZONINGFLAGSTAFF NEIGHBORHOOD MAPTOPOGRAPHY MAPTERRAIN MAPSITEENTRY/FRONT OF PROPERTY SITE CONDITIONSBACK OF PROPERTY SITE CONDITIONS/ DROP-OFF AND SLOPE02.11.2021 BOZA Packet Page 92 of 120