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Disposition of Approval & Application Packet BOZ2021-12 2805 Colby Drive N O T I C E FINDINGS AND DECISION OF THE CITY OF BOULDER BOARD OF ZONING ADJUSTMENT DISPOSITION OF ZONING CASE DOCKET NUMBER BOZ2021-00012 CONCERNING THE APPLICATION FOR A SETBACK VARIANCE REQUIREMENTS OF SECTION 9-7-1, B.R.C. 1981 AT 2805 COLBY DRIVE, BOULDER, COLORADO OF DALE DANDURAND, WHOSE MAILING ADDRESS IS 2805 COLBY DRIVE, BOULDER, COLORADO 80305. On July 8, 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 reconstruct and enlarge a front elevated deck and stairs providing access to the home’s front door, the applicant is requesting a variance to the front (west) yard setback for principal structures in the RL-1 zoning district. The resulting west setback from the new deck/stairs will be approximately 14.5 feet where 25 feet is required and 20.5 feet exists today (from the current deck/stairs). Section of the Land Use Code to be modified: Section 9-7-1, BRC 1981. Based on our field investigation and the relevant testimony, exhibits, and other evidence introduced at the hearing, and in accordance with the applicable provisions of the Boulder Revised Code, 1981, we find by a preponderance of the evidence that the criteria for granting a variance have been met, and grant the variance as requested: This variance is limited to the use and structure for which it was requested, including the location on the lot and maximum height, as approved by the Board of Zoning Adjustment. This variance was approved by the vote of 5-0. EXECUTED this 8th day of July, 2021, effective as of, July 8, 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 BOZA Disposition of Approval Page 1 of 17 BOZA Disposition of Approval Page 2 of 17 BOZA Disposition of Approval Page 3 of 17 BOZA Disposition of Approval Page 4 of 17 BOZA Disposition of Approval Page 5 of 17 BOZA Disposition of Approval Page 6 of 17 BOZA Disposition of Approval Page 7 of 17 Dale Dandurand 2805 Colby Drive Boulder, Colorado 80305 Dale36@comcast.net 720-272-2339 (h) Criteria for Variance: (1) Physical Conditions or Disability (A) There are: (i) Due to the placement of the drainage gate in the driveway, location of a large tree in the front yard and narrowness of the existing entrance, a larger elevated deck with wider openings is necessary for physical safety. (ii) The current elevated deck presents a safety risk to my mother-in-law who resides in the dwelling part of the year. The current configuration does not allow for the use of assistive mobility devices such as a walker or cane. (B) Other dwellings in the neighborhood do not have a split level design with a front door that is elevated, has a large tree in front of the front door or this driveway configuration. (C) Without ripping out a beautiful large tree, relocating the large drainage way in concrete driveway and extensive modification to the front entrance to the home, an extended deck is the most appropriate and necessary action. (D) The current configuration was in place when I purchased the home. My mother-in-law’s physical condition is chronic. (5) Requirements for All Variance Approvals: (A) Each home in my neighbor has unique characteristics and no two homes are alike. We have homes with design themes such as modern, traditional, cabin, historic and many others. Each home has a different entry design. This design would simply add to the diversity of the neighborhood. Other homes in the neighborhood have front entry steps/porches/decks extending nine feet or grater away from the dwelling. (B) The extended deck, which would be in the center of the property, would not impair the use of any of the surrounding homes or their views of the area. (C) Extending the deck to the requested length is the minimum distance needed for the steps to clear the drainage grate in the driveway. Extending the deck any less would place the steps in the middle of the drainage grate, creating a trip hazard for mobility assistive devices such as walkers and canes. BOZA Disposition of Approval Page 8 of 17 (D) The proposed configuration would not affect any “Solar Access.” Thank you, Dale Dandurand, RN, CVN BOZA Disposition of Approval Page 9 of 17 BOZA Disposition of Approval Page 10 of 17 BOZA Disposition of Approval Page 11 of 17 BOZA Disposition of Approval Page 12 of 17 BOZA Disposition of Approval Page 13 of 17 BOZA Disposition of Approval Page 14 of 17 BOZA Disposition of Approval Page 15 of 17 BOZA Disposition of Approval Page 16 of 17 BOZA Disposition of Approval Page 17 of 17