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Disposition of Approval & Application Packet BOZ2021-08 3633 BroadwayN O T I C E FINDINGS AND DECISION OF THE CITY OF BOULDER BOARD OF ZONING ADJUSTMENT DISPOSITION OF ZONING CASE DOCKET NUMBER BOZ2021-00008 CONCERNING THE APPLICATION FOR A FENCE/WALL HEIGHT VARIANCE REQUIREMENTS OF SECTION 9-9-15, B.R.C. 1981 AT 3633 BROADWAY, BOULDER, COLORADO OF TOM FLAHERTY, WHOSE MAILING ADDRESS IS 3633 BROADWAY, BOULDER, COLORADO 80304. On May 13, 2021, the City of Boulder Board of Zoning Adjustment, a quorum being present, held a public hearing, after giving notice as required by law, on the application for the following variance: As part of a proposal to raise the height of a CMU wall spanning the east property line along Broadway, the applicant is requesting a variance to the fence and wall height standards for a single-family property in the RR-2 zoning district. The resulting height of the wall be approximately 8.5 feet where 7 feet is required and 6 feet exists today. Section of the Land Use Code to be modified: Section 9-9-15, BRC 1981. Based on our field investigation and the relevant testimony, exhibits, and other evidence introduced at the hearing, and in accordance with the applicable provisions of the Boulder Revised Code, 1981, we find by a preponderance of the evidence that the criteria for granting a variance have been met, and grant the variance as requested: This variance is limited to the use and structure for which it was requested, including the location on the lot and maximum height, as approved by the Board of Zoning Adjustment. This variance was approved by the vote of 4-0 (M. Hirsch absent). EXECUTED this 13th day of May 2021, effective as of, May 13, 2021. Jill Lester, Presiding Officer of the Board at the Meeting By: ______________ __________________________ Robbie Wyler, Secretary to the Board of Zoning Adjustment This decision constitutes a final decision as of the date of the hearing at which it was reached. If a variance was granted, the variance expires within 180 (one hundred eighty) days from the date on which it were granted unless a building permit for such variance is applied for within such period. CITY OF BOULDER Planning and Development Services 1739 Broadway, Third Floor • P.O. Box 791, Boulder, Colorado 80306-0791 phone 303-441-1880 • fax 303-441-3241 • email plandevelop@bouldercolorado.gov www.boulderplandevelop.net Revised March 2020 400.pdf City of Boulder Planning and Development Services 1739 Broadway, third floor • PO Box 791 • Boulder, CO 80306 Phone: 303-441-1880 • Fax: 303-441-4241 • Web: boulderplandevelop.net BOARD OF ZONING ADJUSTMENT (BOZA) VARIANCE APPLICATION APPLICATION DEADLINE IS THE SECOND WEDNESDAY OF EACH MONTH. MEETING DATE IS 5:00 P.M. ON THE SECOND THURSDAY OF THE FOLLOWING MONTH. Submittal of inaccurate or incomplete information and materials may result in rejection of the application. STAFF USE ONLY Doc. No. _______________ Date Filed _________________Zone______________Hearing Date _____________ Application received by: Date Fee Paid Sign(s) Provided GENERAL DATA (To be completed in full by the applicant.) •Street Address or General Location of Property: •Legal Description: Lot Block Subdivision (Or attach description.) •Lot Size: •Existing Use of Property: •Detailed Description of Proposal (Specific Variance[s] Requested Including All Pertinent Numerical . Values (e.g.: Existing, Required and Proposed Setbacks for the Subject Setback Variance): *Total gross floor area existing:*Total gross floor area proposed: *Total gross building coverage existing:*Total gross building coverage proposed: *Building height existing:*Building height proposed: *See definitions in Section 9-16-1, B.R.C. 1981. ♦Name of Owner: •Address:Telephone: •City: State: Zip Code: Email: ♦Name of Contact (if other than owner): •Address:Telephone: •City: State: Zip Code: Email: 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) 3 APPLICATION REQUIREMENTS As a minimum, the following items MUST be attached, collated and hereby made a part of this application: •If applicant is other than owner(s), a written consent of the owner(s) of the property for which the variance is requested; •A written statement thoroughly describing the variance request(s) and addressing all pertinent review criteria for approval - see following pages (3 copies); •A signed and stamped Improvement Location Certificate or Site Improvement Survey and legal description by a registered surveyor (3 copies); •A site development plan including setbacks, building elevations, interior layout/floor plans and any other pertinent exhibits (3 copies); •A demolition plan clearly differentiating between existing/remaining and proposed portions of the structure(s) (3 copies); •Any other information pertinent to the variance request (e.g. neighbor letters, photos, renderings, etc.) (3 copies); •Sign Posting Acknowledgement Form - see following page. NOTE: The applicant is responsible for posting the property in compliance with city requirements. Signs will be provided to the applicant at the time of submission of the application. The applicant will be responsible for posting the required sign(s) within 10 days of the hearing date. Failure to post the required sign(s) may result in the postponement of the hearing date. •An electronic copy of all application materials (including a completed & signed application form) must be submitted on a thumb/USB drive with your application. *CDs will not be accepted; •A Board of Zoning Adjustment application fee (as prescribed in the current ‘Schedule of Fees’ which can be found at bouldercolorado.gov/plan-develop); NOTE: SEE SECTION 9-2-3(l), B.R.C. 1981 FOR VARIANCE EXPIRATION INFORMATION Applicant Signature ______________________________________Date__________ Owner (if other than Applicant) Signature _________________________Date__________ 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. p 303.413.8556 1245 Pearl St., Suite 202, Boulder, Colorado 80302 f 303.413.8557 Page 1 August 3, 2020 Re: Variance Application – Written Consent Property: 3633 Broadway St. Boulder, CO To: Board of Zoning Adjustment, Planning and Development Services 303-441-1880 plandevelop@bouldercolorado.gov To whom it may concern, I give my consent to Cecelia Daniels on behalf of Rodwin Architecture to submit a variance request to increase a site wall height from 6’-0” to 8’-6” on my property located at 3633 Broadway St, Boulder, CO 80304. Sincerely, Tom Flaherty _________________________________ (Homeowner) Signature p 303.413.8556 1245 Pearl St., Suite 202, Boulder, Colorado 80302 f 303.413.8557 Page 1 July 28, 2020 Re: Variance Application Property: 3633 Broadway St. Boulder, CO To: Board of Zoning Adjustment, Planning and Development Services 303-441-1880 plandevelop@bouldercolorado.gov Hello, Our client, Tom Flaherty, is requesting to raise the existing painted CMU wall bordering the East side of his property from 6’-0” tall to 8’-6” tall in order to help mitigate the sound from traffic along Broadway St. There is no change to the area of the wall. We have included a Site Plan, Wall Section, and Photograph of the existing wall for review. This will have zero impact on floor area, building coverage, or building height. The wall is well screened from the street by vegetation and we intend to add additional climbing vines to the wall on the public side once completed, if the project is allowed. Please feel free to give me a call with any questions you may have. Thank you for your consideration, Cecelia Daniels Designer RODWIN ARCHITECTURE DESIGN [BUILD] GREEN 1245 Pearl Street, Suite 202 Boulder, CO 80302 c 970 316 3222 cecelia@rodwinarch.com www.rodwinarch.com p 303.413.8556 1245 Pearl St., Suite 202, Boulder, Colorado 80302 f 303.413.8557 Page 1 April 26, 2021 Re: Variance Application Property: 3633 Broadway St. Boulder, CO To: Board of Zoning Adjustment, Planning and Development Services 303-441-1880 plandevelop@bouldercolorado.gov Hello, Please find the requested details & information in regards to the BOZA variance review criteria below. BRC 9-2-3(h); (h)1 & (h)5 (must satisfy all of the applicable requirements of this section) 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 Response: The property is directly adjacent to Broadway, and in particular, at the base of a major hill. This produces considerable traffic noise (along with engine breaking). Increasing traffic over the years has made the noise impact from the road progressively worse, to the point that it needs road mitigation. The house has two bedrooms – the daughter’s room is on the east side facing Broadway. Road noise makes it impossible for her to open her windows and is causing difficulty with sleeping. B) The unusual circumstances or conditions do not exist throughout the neighborhood or zoning district in which the property is located; and Response: The condition is unique to the property because it directly borders Broadway at the base of the hill. C) Because of such physical circumstances or conditions the property cannot reasonably be developed in conformity with the provisions of this chapter; and Response: The allowable 7’ tall fence does not adequately block the noise from the first floor of the house. While no wall would block it completely, adding 2ft of height would substantially reduce the road noise. D) Any unnecessary hardship has not been created by the applicant. p 303.413.8556 1245 Pearl St., Suite 202, Boulder, Colorado 80302 f 303.413.8557 Page 2 Response: The lot was previously subdivided, and in order to abide by lot setback standards, the house could not be located any further from Broadway. Extra trees have been planted along the inside of the CMU wall to help with sound mitigation, but to no avail. 5) Requirements for All Variance Approvals: A) Would not alter the essential character of the neighborhood or district in which the lot is located; Response: The wall will remain the same in every way but height. The space between the wall and Broadway currently has considerably more landscaping than neighboring properties which will help to mitigate the appearance of the taller wall. It is also painted a neutral earth color, helping to further reduce its visual impact. B) Would substantially or permanently impair the reasonable use and enjoyment or development of the adjacent property; Response: Both adjacent properties already have similar 6ft tall solid walls. Both neighbors have expressed a similar interest in eventually raising their walls for the same reason as the applicant. C) Would be the minimum variance that would afford relief and would be the least modification of the applicable provisions of this title; and; Response: Raising the wall 2.5’ in height would provide substantial relief to the applicant, who currently can’t open the windows on the Broadway side of the house because it’s so loud. Mitigation of the road noise increases with height, so while there is no “minimum height variance” that would specifically satisfy the request, the more height granted the better. The applicant would be very grateful for any height allowance offered by the City. D) Would not conflict with the provisions of Section 9-9-17, "Solar Access," B.R.C. 1981. Response: The proposal would have zero impact on the Solar Access provisions, as the fence is lining the East property line, and bordering Broadway. Also, the solar access ‘fence’ for this property is set at 12’, 6ft taller than the existing fence and 3.5’ taller than the actual, proposed fence. How exactly additional height will mitigate the noise levels from Broadway: Response: Standing outside the front door (which is at the center of the house and does not face Broadway), we measured current road noise at 40-83 decibels. This level approaches the “harmful” range according to Healthlink.com. After consulting with an acoustical engineer, we believe that noise levels on the ground floor will reduce by up to 20 decibels with the requested additional wall height. This reduction would bring the noise levels into an acceptable and healthy range, and would provide enormous relief to the home owner and his daughter. p 303.413.8556 1245 Pearl St., Suite 202, Boulder, Colorado 80302 f 303.413.8557 Page 3 Lastly, please find attached a photo of the entire existing CMU wall span, indicating its height at various locations. The current wall is shockingly uniform and consistent in height (6’). We proposed to ‘top’ it in the exact same style, material, and color. Thank you for your consideration, Cecelia Daniels Project Manager RODWIN ARCHITECTURE DESIGN [BUILD] GREEN 1245 Pearl Street, Suite 202 Boulder, CO 80302 c 970 316 3222 cecelia@rodwinarch.com www.rodwinarch.com 5472546924"18"8"27"8"14"30"15"24"16"18"12"28"29"3633 BROADWAY25' SETBACK (FRONT)25' SETBACK10' SETBACK (25' COMBINED)15' SETBACK (25' COMBINED)EXISTING 2 STORY HOUSEEXISTING CURB CUT DRIVEWAY ACCESS POINT FROM BROADWAYETREEEGGGGGWWSSSSSSEWATER METERN 89°51'35" E 160.20'S 89°51'35" W 164.20'N 00°00'00" E 185.00'N 00°00'00" E 67.30'N 01°33'05" W 147.74'CITY OF BOULDERUTILITY AND SIDEWALK EASEMENT RN 2897196EPTREEECONCRETE SIDEWALKEEEEEFENCEGATEW36' - 8"38' - 8"101' - 0"BROADWAYBROADWAYWWEXISTING CONCRETE DRIVEWAY54705471547254735469546854675466546554745475547654775471547054725473547254715468EXISTING ASPHALT DRIVEWAY10'245'(EXISTING)(EXISTING)(EXISTING)EXISTING ASPHALT DRIVEWAYSEWER SERVICE3627 BROADWAY1" WATER SERVICE FOR RESIDENCEWATER VALVEECONCRETE PATIOTETTLOT 130,081 SF.691 ACRESTELEPHONE/DATA PEDESTAL5474.00'30' - 0"3' x 45' FENCE EASEMENT & CONSTRUCTION AND MAINENANCE EASEMENT RN 03538887 & RN 03543955GGGGGGGGGGEEEEEEEEEEEXISTING GAS SERVICE FOR 3627 BROADWAY, UTILIZE FOR PROPOSED RESIDENCEEXISTING ELECTRICAL PEDESTAL SERVICING 3627 BROADWAY, UTILIZE FOR PROPOSED RESIDENCEUNDERGROUND ELECTRICAL LINE UNDERGROUND GAS LINE 50' - 8"87' - 5"1245 Pearl St., Suite 202Boulder, Colorado 80302(p) 303.413.8556 (f) 303.413.8557www.rodwinarch.comRODWIN ARCHITECTUREDRAWN:CHECKED:REVISED:DATE:NOTICE: DUTY OF COOPERATIONRelease of these plans contemplates further cooperation among the owner, his contractor and the architect. Design and construction are complex. Although the architect and his consultants have performed their services with due care and diligence, they cannot guarantee perfection. Communication is imperfect and every contingency cannot be anticipated. Any ambiguity or discrepancy discovered by the use of these plans shall be reported immediately to the architect. Failure to notify the architect compounds misunderstanding and increases construction costs. A failure to cooperate by a simple notice to the architect shall relieve the architect from responsibility for all consequences. Changes made from the plans without consent of the architect are unauthorized, and shall relieve the architect of responsibility for all consequences arriving out of such changes.© COPYRIGHT:This document, inclusive of all the ideas incorporated herein, is the exclusive property of Rodwin Architecture. Any use of this document or ideas, without the written consent of Rodwin Architecture is prohibited.A0.13633 BROADWAY BOULDER CO 80304FLAHERTY RESIDENCEArchitectural Site PlanCD07/24/2020CD, JPSR07/24/20201" = 10'-0"1Site PlanN20°PROJECT NORTHNo. Description DateEXISTING CONCRETE BLOCK WALL, RAISE HEIGHT TO 8’-6”FENCE143' - 8"11' - 4"11' - 3"16' - 6"23' - 5"72)5267)281'$7,21:$// 72 0$;&08:$//1" = 1'-0"2CMU Site Wall - Section 3633 Broadway - CMU Wall We measured the height of the existing CMU wall in roughly 18’ increments (red lines below), and in ALL instances it was 6’ tall. Image capture: Jul 2019 © 2020 Google 3633 Broadway View From Street