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09.09.21 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.: BOZ2021-00016 Address: 516 Maxwell Avenue Applicant: Brandie Emerick Setback Variance: As part of a proposal to construct a rear 2-story addition onto the single-family home, the applicant is requesting a variance to the east side yard setback for a principal structure in the RL-1 zoning district in order to meet the minimum combined side yard setback requirement. The resulting east setback will be approximately 7.5 feet (taken from the addition) where 13.1 feet is required and 10.7 feet exists today. Section of the Land Use Code to be modified: Section 9-7-1, BRC 1981. 3. GENERAL DISCUSSION A. Approval of Minutes: The August 12, 2021 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 Robbie Wyler (wylerr@bouldercolorado.gov), Brian Holmes (holmesb@bouldercolorado.gov) or Cindy Spence at 303-441-1880. Board packets are available after 4 p.m. Friday prior to the meeting, online at www.bouldercolorado.gov. * * * SEE REVERSED SIDE FOR MEETING GUIDELINES * * * CITY OF BOULDER BOARD OF ZONING ADJUSTMENT MEETING AGENDA DATE: Thursday, September 9, 2021 TIME: Meeting to begin at 5 p.m. PLACE: Virtual Meeting 09.09.2021 BOZA Packet Page 1 of 31 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. VIRTUAL MEETINGS For Virtual Meeting Guidelines, refer to https://bouldercolorado.gov/government/board-commission/board-zoning- adjustment page for the approved Board of Zoning Adjustment Rules for Virtual Meetings. *The Chairperson, subject to the board approval, may place a reasonable time limitation on presentations. 09.09.2021 BOZA Packet Page 2 of 31 09.09.2021 BOZA Packet Page 3 of 31 09.09.2021 BOZA Packet Page 4 of 31 09.09.2021 BOZA Packet Page 5 of 31 09.09.2021 BOZA Packet Page 6 of 31 Page 1 of 3 August 10, 2021 Board of Zoning Adjustments- RE: Side Yard Setback Variance for 516 Maxwell Due to the unusual historic house placement (1.9’ to West property line) the allowable setbacks would only leave 17’ wide area of buildable area, in an area which is not realistic in design due to solar shadow restrictions. We are requesting a Variance for the East Side Yard Setback for an addition in the rear of the existing home located at 516 Maxwell. We are requesting a 7’-6” East Side Yard Setback, where 13.1’ is required and 10.7’ is existing. The family would like to propose an addition that will allow for the family of 4 to live at the house. Currently the house only has one bedroom upstairs and the proposed addition is comprised of adding 2 new bedrooms upstairs which would allow this working Boulder family to have the family bedrooms together on the same floor. All design studies that would be in compliance with the existing prescribed setbacks have proved to be unobtainable and unrealistic (prescribed setbacks only leave a 17’ wide space, the location of which would prohibit a 2 story addition due to Solar). Below we have detailed how the proposed addition would be to the satisfaction of all requirements outlined in paragraph (1) and paragraph (5) of the Subsection. 09.09.2021 BOZA Packet Page 7 of 31 Page 2 of 3 (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; From the attached survey, the total lot area is 6,355sf and the lot dimensions are approximately 181'-0" deep by 35'-0" wide. The prescribed setbacks (13.1’ allowed East side yard setback, where 10.7’ is existing and 7.5’ is proposed and 5’ allowed West yard setback, where 1.9’ is existing and 5’ is proposed) for this lot would only allow for a 17’ wide strip of buildable land, the location of which would not allow for a 2 story structure due to solar restrictions so an addition in this by-right area is ruled out as a viable option. This unusually small existing West yard setback combined with the narrowness of the lot is uncharacteristic of the neighborhood and any addition of this prescribed size would be impossible to meet the needs of the family. We are asking for a 7’-6” East side setback, which is a common setback for houses in the RL zoning district. (PLEASE SEE A1.01 FOR THE SETBACKS- EXISTING AND ALLOWED ARE DETAILED ON THE EXISTING SITE PLAN AND THE PROPOSED SETBACKS ARE DETAILED ON THE PROPOSED SITE PLAN) (B) The unusual circumstances or conditions do not exist throughout the neighborhood or zoning district in which the property is located; 516 Maxwell is an unusually small lot with a square footage of only 6,355 sf and dimensions of approximately 181'-0" x 35'-0". The historic house (built in 1911) was placed unusually close to the West lot line (1.9’) which was allowed at the time of building. This size of lot is unusually small for the neighborhood and the RL-1 zoning district where a 7,000 sf lot size is the code minimum. The existing house is 1,579sf and the proposed addition will increase the FAR size to a very modest size of 2,578 sf which is still below the 3,376 sf allowed FAR for the lot. (C) Because of such physical circumstances or conditions the property cannot reasonably be developed in conformity with the provisions of this chapter; We believe that the 13.1’ setback allowed in conformity with the existing prescribed setbacks would not allow for a reasonable development for a new home or a reasonable addition to the existing home, especially considering the by right area on the lot is located in a place where solar shadow would prohibit a 2 story addition. The proposed setbacks are 5’ on the West and 7.5’ on the East allowing the design to be more centered in the lot, creating a solar shadow compliant design and a more balanced property. (D) Any unnecessary hardship has not been created by the applicant. The historic house placement, and the unusually narrowness of the lot has not been created by the applicant. The applicant would like to propose a modest addition which will allow for 3 bedrooms upstairs. The house was built in 1911, and at the time they did not subscribe to the modern setback and zoning restrictions. (PLEASE SEE A2.02 TO SEE ALL THREE BEDROOMS ON THE SAME LEVEL) 09.09.2021 BOZA Packet Page 8 of 31 Page 3 of 3 (5) Requirements for All Variance Approvals (A) Would not alter the essential character of the neighborhood or district in which the lot is located; This proposed addition will not alter the essential character of the neighborhood and has been designed in accordance to the Mapleton Hill Historic District Design Guidelines. The proposed changes to the house will restore several historic features that have been lost including an arched covered porch on the second floor, front porch details and restoring historic window patterns. Landmarks Design Review Committee has reviewed the design proposal, is in support of the addition and has issued a Landmark Alteration Certificate. (B) Would not substantially or permanently impair the reasonable use and enjoyment or development of adjacent property; We believe that the proposed addition will not impair the reasonable use, enjoyment or development of any adjacent properties because the addition will be on the back of the house, there will be no change to the building height and the size and design of the proposed addition is appropriate with the neighborhood and the surrounding houses. The addition roof ridge will be lower than the existing roof to reduce the bulk and visibility. The surrounding house existing setbacks are approximately 3.7’ (510 Maxwell to the property line) and 4.8’ (520 Maxwell to the property) as seen on the Survey or Site Plan. (C) Would be the minimum variance that would afford relief and would be the least modification of the applicable provisions of this title; and This proposal is modest in size and bulk, asking only for a design which allows for the family’s bedrooms to be together on the same floor. The addition has been designed to step inward from the existing house to create a stair separation element and the proposed new ridge is carefully designed to be below that of the existing ridge. The addition has been designed to be the smallest of that which will afford the relief of a 3 bedrooms together on the same floor. We studied proposals which would farther reduce the size of the proposed addition, but after studies this design is the minimum square footage and bulk that is appropriate. (D) Would not conflict with the provisions of Section 9-9-17, "Solar Access," B.R.C.1981. The proposed design will not conflict with the provisions of Section 9-9-17. (PLEASE SEE A1.01 PROPOSED SITE PLAN TO SEE THE VISUAL REPRESENTAION OF SOLAR COMPLAINCE) 09.09.2021 BOZA Packet Page 9 of 31 09.09.2021 BOZA Packet Page 10 of 31 5 4 7 0 5 4 7 054695468546754665465546468546954715471547254665467547040"2b11"8"6"stump10"12"10"11"28"12"15"16"12"leyN 89°55'18" E (m)lot 10 - not includedLCMaxwell AvenueL1L3L4L2lot 12lot 11lot 10lot 9ewalkte curbrn 3561764ls4bp1p10.8' eave30'on pinund 1"broken conc. walllsls4+p1bfplanterconcreteeogeogrrtiesfsquit claim deedrn 3167372warranty deedadjoining parcelsssswwolwmgmg2 inch gas pipelineirirubeoeoeocndtsupuolwol o l ssgws ss 5 4 7 0 5 4 7 0 5 469 5 46 8 54675466546554646854 6 9 5 4 7 1 547154725466546 7 5 47 0 40"2b11"8"6"stump10"12"10"11"28"12"15"16"12"alleyN 89°55'18" E (m)lot 10 - not includedLCMaxwell AvenueL1L3L4L2lot 12lot 11lot 10lot 9sidewalkcrete curbrn 3561764ls4bp1p10.8' eave30'iron pinfound 1"broken conc. walllsls4+p1bfconcreteeogeogrrtiesfsquit claim deedrn 3167372warranty deedadjoining parcelsssswwolwmgmg2 inch gas pipelineirirubeoeoeocndtsupuolwol o l ssgw ss DNEXISTING WEST SIDE YARD SETACK 1.9'EXISTING EAST SIDE YARD SETACK 10.7'ALLOWED EAST SIDE YARD SETACK 13.1'13' - 1 51/256"ALLOWED WEST SIDE YARD SETACK 5'5' - 0"BASEMENT WELL510 MAXWELL520 MAXWELL1' - 11"5' - 0"7' - 6"5486.05484.65490.24" / 12"4" / 12"5484.65482.05468.85468.05468.75466.65466.75483.25467.75467.25467.95483.25484.65469.22.5' +/-5.5' +/-7.5' PROPOSED EAST SIDE YARD SETBACK5' PROPOSED WEST SIDE YARD SETBACKPROPOSED EDGE OF HOUSEPORCH510 MAXWELL 2.5' +/-BEYOND PROPOSED HOUSE EDGE520 MAXWELL 5.5' +/-BEYOND PROPOSED HOUSE EDGE510 MAXWELL IS 2.5' +/- BEYOND PROPOSED 516 MAXWELL HOUSE EDGE510 MAXWELL WAS APPROVED IN 2005 FOR AN ADDITION THAT ALSO REQURIED A SETBACK VARIANCE FOR TOTAL SIDEYARD. ADR2005-00136Type:Administrative Setback VarianceDescription: Adm. Setback variance for total sideyard.PMT2005-03876Type:Addition to a Single Family Detached DwellingDescription:Two story addition to single family residence with finished basement. Addition to total 1,787 s.f. containing new master bedroom, 2 full baths, replacement kitchen, family room, basement rec. room. See ADR2005-00136520 MAXWELL IS 5.5' +/- BEYOND PROPOSED 516 MAXWELL HOUSE EDGE520 MAXWELL WAS APPROVED IN 2017 FOR AN ADDITION. Permit PMT2017-02001Main level addition (382 s.f.) and remodel (247 s.f.) / Upper level addition (428 s.f.) and remodel (336 s.f.) / Conversion of existing crawl space to basement under existing house and new basement walkout addition (1,427 s.f.) / New covered/sunken patio. Scope includes associated mechanical, electrical, and plumbing. Reference HIS2016-00384.BASEMENT WELL520 MAXWELL EXPANDED BASEMENT510 MAXWELL520 MAXWELLDATE:SCALE:0"1"A1.01SITE PLAN09/01/2021516 MAXWELLAVENUE516 MAXWELLBOULDER, CO 803043/32" = 1'-0"1SITE PLAN - EXISTING3/32" = 1'-0"2SITE PLAN - PROPOSED520 MAXWELL FROM 516 PROPOSED HOUSE EDGE510 MAXWELL FROM 516 PROPOSED HOUSE EDGE09.09.2021 BOZA Packet Page 11 of 31 676767    !    (      %  %%          ,$5$5,$$$$,5$5$$,$$$,5$ % % %'''' !   ''''    )          !  "  #$%%&''  !)' %&''  !)'   09.09.2021 BOZA Packet Page 12 of 31 *4 67674674 * +,-.    !        (       !&$'  (  %  %    (%      " ,$$$$5$5$5$$,$$$,5$ % % %''''$ $,$$ $$  ' /$'''''          !  "  #$%%&'' ! )' %&'' ! )'   09.09.2021 BOZA Packet Page 13 of 31 4      !    !* ('  !   %  %   % !   ,$$$$,$$5$$$,$      " "   ( ((%'$ ( ( ((0'  (  !   "   $$,5,$$ % % %$5$$$%/%(  ''''$5 ( ( ( ( $$,5''''          !  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"  #$%"( ' "( '   "( ' %"( '   09.09.2021 BOZA Packet Page 20 of 31 From:Wyler, Robbie To:Wyler, Robbie Subject:FW: 516 Maxwell Date:Wednesday, August 18, 2021 8:56:50 AM ---------- Forwarded message --------- From: Tania Schoennagel <taniaschoe@gmail.com> Date: Mon, Aug 16, 2021 at 9:06 AM Subject: 516 Maxwell To: <schaeffer.lr@gmail.com> Ms Schaeffer, We are writing in support of the proposed 516 Maxwell renovation. We live across the street at 515 Maxwell, and have seen the plans in detail. Joel Smiley has done excellent high-quality historical renovations in the neighborhood, and we have confidence that the setback variance this unique project seeks will be modest, appealing and appropriate, adding to the character of this historic street and neighborhood. Thank you, Tania Schoennagel & Steve Leovy -- Laura Schaeffer Architect, LEED AP 720.243.6599 (cell) 09.09.2021 BOZA Packet Page 21 of 31 From:Michael Wrighton To:BOZA; Wyler, Robbie; Holmes, Brian Subject:BOZ2021-00016 / setback variance application comment Date:Tuesday, September 7, 2021 12:56:03 PM External Sender To whom it may concern, I write regarding the application of 516 Maxwell for a setback zoning variance. I own and reside next door to the property at 520 Maxwell. 516 is a small and charming home -- I believe it has remained that way over the years because the lot is quite narrow and the neighborhood is historically protected. It has transitioned between single or couple owners over the years that have typically not had children living in the home with them. For more than a decade, I have lived, and invested, without any variances, in my own property on the assumption that the city would only permit building on adjoining land which obeys the relevant setback, solar shadow, and other land use restrictions. While these rules certainly create challenges to development, they serve to preserve the less-dense and historic character of my neighborhood. The proposed variance to the building code is not at all slight. The western setback is strongly established along the entire depth of the existing house (about 25') -- not just by bay window or anything of the sort. At the tallest point of the proposed variance (the east-side dormer), the variance is roughly six feet into the allowed setback, 20 feet wide, and goes 25 feet up. The applicant states that this is necessary in order to place three bedrooms on the second story. That is likely true, however there is no code requirement or other bona-fide necessity that makes this the only 'reasonable' development of this property. It is only a slight hardship for a home to be limited to two second-story bedrooms (in fact it is quite a common condition in Mapleton's single family homes on relatively narrow lots). Many homes (including my own) have their secondary bedrooms, often occupied by children, in the basement or on the ground floor, and are comfortably livable. The new owner is a well-funded and highly capable property developer, I have total confidence any work would be done to a high standard. However, in contrast to the applicant's statement that the enjoyment of the neighboring property is unimpaired, I believe that, as proposed, the variance would permanently impair my own property. In particular, the massing (especially the height and low slope of the roof in the extension) would eliminate the views of the foothills I enjoy from the western side of my home. While certainly some obstruction would still occur in a 'by-right' project (which I have always expected would one day happen), I believe it would be far less obtrusive. A very similar issue was presented to the board at the August 12, 2021 BOZA meeting where the applicant proposed to build a tall structure that would obstruct the view (at 1722 Pine St.) over the objection of the neighboring property owners. In that case, the board rightly encouraged the applicant to accommodate their neighbor's legitimate concerns (presumably via a design update) over the loss of foothills view, and granted a continuance for them to do so. I therefore urge the board to offer a continuance to encourage the applicant to propose 09.09.2021 BOZA Packet Page 22 of 31 building that would only intrude into the allowed setback only below 12' of elevation. I could enthusiastically support such a project. Respectfully, Michael Wrighton 09.09.2021 BOZA Packet Page 23 of 31 RE: Side Yard Setback Variance for 516 Maxwell Dear Board of Zoning Adjustments We are the owners and residents of 510 Maxwell Ave (one house west of 516 Maxwell Ave). We have lived here for 29 years. Our house was built in 1894 and 516 Maxwell was built around 1898 (from the Carnegie Library records). We agree with the applicants that this is a challenging situation. However we would like to make some comments on their application. 1) The application says "We believe that the proposed addition will not impair the reasonable use, enjoyment or development of any adjacent properties". We respectfully disagree: The addition would materially reduce our views of greenery and sky. There are also considerations of privacy which the applicants have not addressed. The impact would of course be even greater to 520 Maxwell, on the East side of the proposed development. 2) We did an addition on our house about 15 years ago, and we were required to make the addition lower than the original house and pulled in at both sides. The same is true for several other houses on the block (see photos below). The applicants say "This proposal is modest in size and bulk" but we cannot agree: It is actually larger than the original house. They also say that the roofline is lower than the original, but you would need truly incredible eyesight to see that! We believe that if the applicants followed the same guidelines as everyone else, a zoning variance would not be required. 09.09.2021 BOZA Packet Page 24 of 31 3) 510 has been a small house on a narrow lot for a very long time. It was probably a 1 story building originally, with the attic later opened up. We don't feel that the applicants have demonstrated why it needs to be enlarged so dramatically, with an effectively 2-story addition. [photo from ~1900] 4) Finally, we agree that the hardship of the narrow lot has not been created by the applicant, but they were certainly aware of it when they bought this property. In summary we do not feel that the applicants have demonstrated a true need for this variance. We would suggest that a smaller (perhaps one-story) addition would be much more suitable for this property. We ask the Board not to approve the current application. Yours Sincerely Guy and Alison Vigers 510 Maxwell Ave 09.09.2021 BOZA Packet Page 25 of 31 From: Julie Husband Date: Tuesday, September 7, 2021 Subject: 516 Maxwell To: : WylerR@bouldercolorado.gov (Updated after reviewing historic image of the building) Dear Mr. Wyler, I live on 5th Street around the corner from the proposed addition. I have been involved in Historic Preservation and zoning code for 30 years. I do not support the plans for 516 Maxwell (Historic Building). I somewhat support the footprint of the addition since it has minimized the impact on rear yard open space, as well as efforts to “reconstruct” the front of the building to some degree. However, it does not appear to comply entirely with the Mapleton Hill Historic District Design Guidelines. The proposed addition does not appear to be compatible with the historic building in the following ways: • Two-story addition to a one-story historic building. The original building is a one-story building with a generous opening to the attic (see historic image below). • The 22’ side walls on the proposed building are too high (later alterations from the 50s should not be the guiding factor.) Therefore, sideyards should not be allowed to be reduced with this scenario. Mitigation: • Step down height • Maintain regulated side yard setbacks to mitigate environmental impacts (addition, light, air, fire and water.) Sincerely, Julie Husband 2530 5th St Boulder 09.09.2021 BOZA Packet Page 26 of 31 09.09.2021 BOZA Packet Page 27 of 31 CITY OF BOULDER BOARD OF ZONING ADJUSTMENT ACTION MINUTES August 12, 2021, 5 p.m. Virtual Meeting Board Members Present: Jack Rudd (Acting Chair), Michael Hirsch, Marine Siohan Board Members Absent: Jill Lester, Nikki McCord City Attorney Representing Board: Erin Poe Staff Members Present: Robbie Wyler, Cindy Spence 1. CALL TO ORDER: J. Rudd called the meeting to order at 5:02 p.m. 2. BOARD HEARINGS: A. Docket No.: BOZ2021-00013 Address: 1722 Pine Street Applicant: Drew Barry Eisenberg & Amy Baldor Eisenberg Setback Variance: As part of a proposal to construct a rear 2-story addition onto the single-family home, the applicants are requesting a variance to both the east and west side yard setbacks for a principal structure in the RMX-1 zoning district in order to meet the combined side yard setback requirements for each side. The resulting east setback will be approximately 5.4 feet (taken from the addition) where 11.1 feet is required and 5.4 feet exists today. The resulting west setback will be approximately 7.6 feet (taken from the new addition) where 9.6 feet is required and 3.9 feet exists today. Section of the Land Use Code to be modified: Section 9-7-1, BRC 1981. Motion: On a motion by M. Hirsch, seconded by M. Siohan, the Board of Zoning Adjustment approved 3-0 (J. Lester, N. McCord absent) to suspend the 48-hour rule and allow the letters submitted by Crystal Grey and Sean McCabe on August 11, 2021, to be considered by the board. • M. Hirsch said that he had worked professionally with the architect for this project previously and had known him for years. He stated that he could review this project without bias. • M. Siohan said she personally knew the applicants. The applicants had worked with her husband many years ago, she had not seen the applicants in year and could review this project without bias. 09.09.2021 BOZA Packet Page 28 of 31 Staff Presentation: R. Wyler presented the item to the board. Board Questions: R. Wyler answered questions from the board. Applicant’s Presentation: Drew and Amy Eisenberg, the applicants, and David Biek, the architect, presented the item to the board. Board Questions: The board did not have any questions for the applicant. Public Hearing: Cara Luneau spoke in opposition of the project. Patty Malesh spoke in opposition of the project. Donna Giardina spoke in opposition of the project. Applicant Rebuttal: David Biek, the architect, addressed some of the questions and concerns brought up during public comments. Board Discussion: • M. Hirsch said he was not opposed to a variance. He said he thought the proposal might be asking for too much square footage for the existing lot and it would be a substantial increase. The existing bay window, while a small feature, was establishing the setback and he thought the actual setback should be the house itself. He approved of seeing modern additions to historic homes as long as they would be tucked in the back. He did not see demolition of the existing house as an option. He would like the problems to be worked out with the neighbors. He would suggest granting an extension for the applicants to reevaluate. • M. Siohan said she was empathetic to the applicants and with the neighbors who were in opposition. She shared M. Hirsch’s argument regarding the square footage. She said the fact that seemed to be bothering the neighbors was the proposed height and not necessarily the setback variance. She suggested a solution of expanding to the south without creating height. She would like for the applicant and neighbors to find an agreement to work together. • J. Rudd said the house to the west would face the same issue as the applicants due to zoning issues of the past and present clashing. He agreed with the comments regarding square footage and that it appeared generous. He said the staff explanation was spot on in terms of the regulations and setbacks. He suggested a continuation until the applicants and neighbors make some progress. • M. Hirsch agreed that an extension or continuation would be the best option. • R. Wyler and E. Poe explained the continuation process for the applicants. 09.09.2021 BOZA Packet Page 29 of 31 • The applicants said they would want to have a proposal that would work for the neighbors and possibly move the bay window to be in line with the house. Therefore, they were in agreement with a continuation. They asked for suggestions from the board for items to review on their proposal. Or could the board provide some clarification or direction to assist the applicant when making your decision easier should this come back to the board. • J. Rudd mentioned that BOZA was not a design board and cannot give design suggestions. If they were to give any, they would be stepping out of bounds. • M. Siohan said the solution would be can the applicant expand yet be considerate of the neighbors to the east. • J. Rudd agreed. He added ways to expand and more use by-right by working with the neighbors. • M. Hirsch said there appeared to be too much mass, have the primary residence stick out farther than the addition since it is subject to landmarks approval, and the perceived and actual setbacks should be considered. He added some communication with the neighbors or concession with the neighbors might aid in the enjoyment of the property. • J. Rudd said the design of the project does work with the eclectic nature of the other buildings surrounding it. He said it was a good project, yet there are some aspects that need to be adjusted. • R. Wyler said, if this item were to be continued, it may be possible to place this application on the agenda for September. It would be a tight turn around in order to meet the public notification deadlines, but he would follow up with the applicant with a detailed email with dates and information. Motion: On a motion by M. Hirsch, seconded by M. Siohan, the Board of Zoning Adjustment voted 3-0 (J. Lester, N. McCord absent) to continue docket no. BOZ2021-00013 for ninety (90) days. 3. GENERAL DISCUSSION: A. Approval of Minutes On a motion by M. Hirsch, seconded by M. Siohan, the Board of Zoning Adjustments voted 3-0 (J. Lester, N. McCord absent) to approve the July 8, 2021 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. 09.09.2021 BOZA Packet Page 30 of 31 4. ADJOURNMENT: There being no further business to come before the board at this time, BY MOTION REGULARLY ADOPTED, THE MEETING WAS ADJOURNED AT 6:34 P.M APPROVED BY _________________________________ Board Chair _________________________________ DATE 09.09.2021 BOZA Packet Page 31 of 31