02.11.21 BOZA MinutesCITY OF BOULDER
BOARD OF ZONING ADJUSTMENT
ACTION MINUTES
February 11, 2021, 5 p.m.
Virtual Meeting
Board Members Present: Jill Lester (Chair), Cherie Goff, Jack Rudd,
Michael Hirsch
Board Members Absent: Elizabeth Prentiss
City Attorney Representing Board: Erin Poe
Staff Members Present: Robbie Wyler, Cindy Spence
1. CALL TO ORDER:
J. Lester called the meeting to order at 5:04 p.m.
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.
On a motion by M. Hirsch, seconded by C. Goff, the Board of Zoning Adjustment finds 4-0 (E.
Prentiss absent) that the defect in notice as described by staff did not impair surrounding
property owners ability to participate in the review process.
Staff Presentation:
R. Wyler presented the item to the board.
Board Questions:
No questions from the board.
Applicant’s Presentation:
Dean Lindsey, an architect with ShelterLab Architecture LLC, presented the item to the
board.
Board Questions:
Dean Lindsey, representing the applicant, answered questions from the board.
Public Hearing:
No one from the public addressed the board.
Board Discussion:
• J. Lester said the proposal appeared safer than what currently exists. She would be
comfortable with the proposal.
• C. Goff said she would be in support.
• M. Hirsch said the proposed stairs do not have a lot of room to be constructed
(approximately four feet), however due to circulation of the building, it would seem to be
an appropriate location. He would support the proposal.
Motion:
On a motion by J. Rudd, seconded by C. Goff, the Board of Zoning Adjustment approved 4-
0 (E. Prentiss absent) the application (Docket BOZ2021-01) as submitted.
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.
Staff Presentation:
R. Wyler presented the item to the board.
Board Questions:
R. Wyler answered questions from the board.
Applicant’s Presentation:
Steven Dodd, an architect with Dodd-Studio Architecture, and Kyle Plantico, the applicant,
presented the item to the board.
Board Questions:
Steven Dodd, representing the applicant, answered questions from the board.
Public Hearing:
No one from the public addressed the board.
Board Discussion:
• C. Goff said generally front porches are fine, however she was considering the distance
from the porch to the sidewalk. She understood the need to place the entrance on the
proposed elevation. The porch will help the house appear nicer.
• M. Hirsch agreed. Other homes in the neighborhood have front-facing porches therefore
he would be in favor.
• J. Rudd agreed. The proposal would be in character with the neighborhood and the porch
would be well located.
• J. Lester questioned if the proposal was the minimal variance necessary and if it would
be functional.
Motion:
On a motion by J. Rudd, seconded by M. Hirsch, the Board of Zoning Adjustment approved
4-0 (E. Prentiss absent) the application (Docket BOZ2021-02) as submitted.
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.
J. Lester recused herself
Staff Presentation:
R. Wyler presented the item to the board.
Board Questions:
R. Wyler answered questions from the board.
Applicant’s Presentation:
David Grant, the applicant, and Brad Dasseler-Bethel, the architect, presented the item to
the board.
Board Questions:
No questions from the board.
Public Hearing:
No one from the public addressed the board.
Board Discussion:
• M. Hirsch said the home was built originally to code to provide a required garage and
parking space beyond the twenty-five-foot setback. The previous owner converted the
garage; therefore, the hardship is not of the applicant’s making. He would be in favor of
approval.
• C. Goff agreed.
• J. Rudd agreed and said this situation did not appear to be unusual for the neighborhood.
He would be in support.
Motion:
On a motion by C. Goff, seconded by M. Hirsch, the Board of Zoning Adjustment approved
3-0 (J. Lester recused; E. Prentiss absent) the application (Docket BOZ2021-04) as
submitted.
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.
Staff Presentation:
R. Wyler presented the item to the board.
Board Questions:
R. Wyler answered questions from the board.
Applicant’s Presentation:
Hans Osheim, the architect with ArcDen Studio, LLC, presented the item to the board.
Board Questions:
Hans Osheim, representing the applicant, answered questions from the board.
Public Hearing:
No one from the public addressed the board.
Board Discussion:
• J. Rudd said the site appeared difficult to build on and he could not see anything being
done without a variance.
• M. Hirsh said the Site Plan clearly showed it would be a minimal amount of building
area. The connection element would not substantially change what exists today.
• J. Lester said from the street, adjacent sites and on the neighbors, the impact would be
minimal.
Motion:
On a motion by J. Rudd, seconded by M. Hirsch, the Board of Zoning Adjustment approved
4-0 (E. Prentiss absent) the application (Docket BOZ2021-05) as submitted.
3. GENERAL DISCUSSION:
A. Approval of Minutes
On a motion by C. Goff, seconded by J. Lester, the Board of Zoning Adjustments voted
3-0 (M. Hirsch abstained, E. Prentiss absent) to approve the December 10, 2020 BOZA
minutes.
B. Matters from the Board
There were no matters from the board.
C. Matters from the City Attorney
There were no matters from the City Attorney.
D. Matters from Planning and Development Services
There were no matters from the Planning and Development Services.
4. ADJOURNMENT:
There being no further business to come before the board at this time, BY MOTION
REGULARLY ADOPTED, THE MEETING WAS ADJOURNED AT 6:52 P.M
APPROVED BY
___________________
Board Chair
______03.11.2021__________________
DATE