12.09.21 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.: BOZ2021-00020
Address: 1922 Tyler Road
Applicant: Ted & Denna Biderman
Setback Variance: As part of a proposal to renovate and add onto the single-family home, the applicants are
requesting a variance to the continuous front (east) setback for a principal structure on a “corner lot” in the RL-1
zoning district in order to meet the front yard setback requirement. The resulting east setback will be
approximately 10.5 feet (taken from the attached garage addition) where 25 feet is required and 20.9 feet exists
today. Section of the Land Use Code to be modified: Section 9-7-1, BRC 1981.
B. Docket No.: BOZ2021-00021
Address: 1431 Kendall Drive
Applicant: Erica & George Green
Setback Variance: As part of a proposal to construct a new entry covered porch onto the side of a 1990
BOZABA-approved front addition to the single-family house, the applicants are requesting a variance to the front
(south) yard setback in order to meet the minimum front yard setback requirements for a principal structure in the
RL-1 zoning district. The resulting south setback will be approximately 12.5 feet (taken from the new covered
porch) where 25 feet is required and approximately 12 feet exists today (taken from the existing BOZABA-
approved addition). Section of the Land Use Code to be modified: Section 9-7-1, BRC 1981.
C. Docket No.: BOZ2021-00023
Address: 850 Circle Drive
Applicant: Giles Troughton & Karen Ramsey
Setback Variance: As part of a proposal to replace and modify a cantilevered balcony at the front of the house,
the applicants are requesting a variance to the front (east) yard setback in order to meet the minimum front yard
setback requirements for a principal structure in the RE zoning district. Note that the setback encroachment
allowance for cantilevered balconies under BRC 9-7-3(g) permits upwards of a 4-foot encroachment where this
proposal is for a 7.75-foot encroachment. The resulting east setback will be approximately 17.25 feet (at the
closest point) where 21 feet is required and approximately 17.75 feet exists today (from the current cantilevered
balcony’s closest point). Section of the Land Use Code to be modified: Section 9-7-1, BRC 1981.
3. GENERAL DISCUSSION
A. Approval of Minutes: The October 14, 2021 BOZA minutes are scheduled for approval.
B. Matters from the Board
1. Letter to Council
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, or at the Planning & Development Services Center, located at
1739 Broadway, third floor.
* * * SEE REVERSED SIDE FOR MEETING GUIDELINES * * *
CITY OF BOULDER
BOARD OF ZONING ADJUSTMENT
MEETING AGENDA
DATE: Thursday, December 9, 2021
TIME: Meeting to begin at 5 p.m.
PLACE: Virtual Meeting
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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/boards-commissions/board-of-zoning-adjustments-
boza-agenda 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.
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City of Planning and Development Services November 3,2021
1739 Broadway – Third Floor
Boulder, CO 80302
Variance Application Written Statement of Proposal
1922 Tyler Rd.
Boulder, CO 80304
The applicant (at the request of the property owners) is proposing consideration for a variance to the
property setbacks (BRC 9-7-1) at the property listed above.
The property is bordered by Tyler Rd. to the north and east. Tyler Rd. curves around the triangular
shaped lot resulting in front yard setback restrictions (25’) being applied to roughly ½ of the property.
This restriction, coupled with the rear yard setback (25’) creates an unusual and severely restrictive legal
building area on this particular lot. 275 linear feet of the 350 total linear feet of property line requires a
minimum 25’ setback. This situation results in a specific and unusual physical circumstance related to
this lot and these owners that is not found in the adjacent neighborhood properties and creates an
unnecessary hardship.
1) The proposal submitted is for a variance to allow encroachment into to current setback on the
east side of the property as Tyler Rd. curves south. This could technically be construed as the
side-yard of this property under standard circumstances. Under this proposal, the setback would
be revised from minimum 25’ to the minimum 10’-6” at side yards next to a street. See graphic
clarification below:
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Assuming the variance as noted above is granted, the applicant is requesting consideration for a staff
level variance for encroachment into the revised side yard setback by less than 20%. The proposed side
yard setback encroachment would allow for the proposed NE corner of the new Garage to align with the
current north face of the home providing the most efficient driveway access of off Tyler Rd. The building
corner would encroach into the side wall setback no more than 2 feet and would have a total of 3 sq.ft. of
floor area encroaching into the setback. See graphic clarification below:
Please see our direct responses to the variance criteria in red below:
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 the 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
As noted above, the setbacks on this lot are unusually
restrictive as a large portion of the lot is bordered by Tyler Rd
and is considered “front yard” requiring a minimum 25’
setback. With the rear setback also requiring a minimum 25’
setback, 275 linear feet of the 350 total linear feet of
property line requires a minimum 25’ setback
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ii. There is a physical disability affecting the owner 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 NA
(B) The unusual circumstances or conditions do not exist throughout the
neighborhood or zoning district in which the property is located; and
This condition is specific to this lot only in the neighborhood
(C) Because of such physical circumstances or conditions the property
cannot reasonably be developed in conformity with the provisions of
this chapter; and
The footprint of the existing home completely fills the
current horizontal allowable building area on the lot with no
room for expansion based on setback restrictions. The
square footage of the current home is 1,220. Per City of
Boulder Zoning regulations, the maximum allowable floor
area for this lot is 3,563 sq.ft. with 2,513 sq. ft. allowed at
grade. The maximum allowable sq. ft. at grade is more than
double the current footprint of the home, yet there is no
method for expansion on the lot under current setback
restrictions.
(D) Any unnecessary hardship has not been created by the applicant.
The applicant did not create the existing conditions.
(2) Energy Conservation
(A) The variance will permit construction of an addition to a building
that was constructed on or before January 1, 1983;
Acknowledged. This home was built in 1953.
(B) The proposed addition will be an integral part of the structure of
the building;
Acknowledged. The proposed addition includes an attached
single car garage to be located to the east of the existing home
and a new second story above the existing residence and garage
addition.
(C) The proposed addition will qualify as a “solar energy system” as
defined in Section 9-16, “Definition,” B.R.C. 1981, or will enable
the owner of the building to reduce the net use of energy for
heating and cooling purposes by a minimum of 10% over the
course of a year of average weather conditions for the entire
building; and
Solar energy system (as defined by Section 9-16 in the
Definitions section of B.R.C) means any human-made system
that relies upon sunshine as an energy source and is capable,
through physical, chemical, or biological means, of collecting,
distributing, storing (if appropriate to the technology), and
applying solar energy to beneficial use so as to reduce the
amount of nonsolar energy that would otherwise be used by at
least ten percent. (Solar)
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We anticipate the addition of a solar PV system – as required by
the City of Boulder – being incorporated into the structure.
(D) The cost 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.
Sever setback restrictions (as previously described) prevent
constructing any comparable addition within existing setback
lines.
(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) Acknowledged. Provisions of Section 9-9-17 “Solar Access,”
B.R.C 1981; significantly limit the volume allowed to be
constructed above the west portion of the existing home.
For clarification, we have provided a solar envelope study for
clarification (Re: sheet A103 in submittal package)
(C) 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
Acknowledged. For clarification, we have provided a solar
envelope study for clarification (Re: sheet A103 in submittal
package)
(D) 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.
Acknowledged. 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 is 500 cubic feet. The volume of the
proposed building to be built outside of the building setback lines
is 300 cubic feet. For clarification, we have provided a solar
envelope study for clarification (Re: sheet A103 in submittal
package)
(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. NA
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(5) Requirements for All Variance Approvals
(A) Would not alter the essential character of the neighborhood or
district in which the lot is located;
The proposed addition is consistent in character and scale with
adjacent and neighboring properties.
(B) Would not substantially or permanently impair the reasonable
use and enjoyment or development of adjacent property;
The proposed addition would not interfere or affect any adjacent
property:
• There are no properties located directly north or east of
the lot as the lot is bordered by Tyler Rd. on these sides.
There is significant distance and elevation change
between this lot and any neighbors across the street to
the north or east that the proposed addition will be of
little consequence.
• The adjacent neighbor to the south is on a lot located
roughly 10-12’ higher than this property. The addition
will not affect their views nor substantially or
permanently impair the reasonable use and enjoyment
or development of this property.
The proposed addition directly reflects the required bulk plane
standards and solar access requirements as detailed in Section 9-
9-17, “Solar Access,” B.R.C. 1981. The west ½ of the proposed 2nd
story addition is an exterior deck in order to remain below the
height restrictions imposed by the solar standards. For
clarification, we have provided a solar envelope study for
clarification (Re: sheet A103 in submittal package)
(C) Would be the minimum variance that would afford relief and
would be the least modification of the applicable provisions of
this title; and
Acknowledged. Due to the specific and excessively restrictive
setback requirements imposed on this lot, this would be the
minimum variance that would afford relief and would be the
least modification of the applicable provisions of this title to
allow any proposed development on this particular lot.
(D) Would not conflict with the provisions of Section 9-9-17, “Solar
Access,” B.R.C. 1981.
(E) All provisions of Section 9-9-17, “Solar Access,” B.R.C. 1981
would be met. For clarification, we have provided a solar
envelope study for clarification (Re: sheet A103 in submittal
package)
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WINDOW TAGDOOR TAGNORTH ARROWREVISION CLOUD AND TAGGRID LINE / MAP LINEVERTICAL ELEVATION REFERENCEEXTERIOR ELEVATION REFERENCEINTERIOR ELEVATION REFERENCE5' - 0"NOTEDIMENSION LINECENTERLINENOTE AND LEADER1WALL SECTION REFERENCEBUILDING SECTION REFERENCEDETAIL CALLOUTDETAIL SECTION REFERENCE23VIEW NAME1/8" = 1'-0"VIEW NUMBERVIEW NAMEVIEW SCALEROOF TAGSTAIR RISER TAG##WALL FINISH TAG####ROOM NAMEFLOORCLGROOM/FINISH TAGX###1#X-####X-####X-####X-###X###1111SHEET #SHEET NAMEISSUE DATEARCHITECTURALA001 Administrative Info11/3/2021C101 Civil Plan11/3/2021A101 Site and Grading Plan11/3/2021A102 FAR Calculation11/3/2021A103 Solar Analysis & Area Plans11/3/2021A104 Bulk Plane Diagrams11/3/2021AD201 Main Level & Roof Demo Plan11/3/2021A201 Main Level Floor Plan11/3/2021A202 Upper Level Floor Plan11/3/2021A203 Roof Plan11/3/2021A301 Exterior Elevations11/3/2021A302 Exterior Elevations11/3/20211922 Tyler RdBoulder, CO 80304City of BoulderTed and Denna Biderman .39*73&9.43&17*8.)*39.&1':.1).3,(4)*4;*7;.*<NSIJ]YTIWF\NSLXUWTOJHYYJFRFIRNSNSKTHTU^WNLMY[NHNSNY^RFURIOI.2 Scope.The provisions of the International Residential Code for One-and Two-family Dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one-and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures. Exception: Live/work units complying with the requirements of Section 419 of the International Building Code shall be permitted to be built as one-and two-family dwellings or townhouses. Fire suppression required by Section 419.5 of the International Building Code when constructed under the International Residential Code for One-and Two-family Dwellings shall conform to Section 903.3.1.3 of the International Building Code. RIOI.3 Intent.The purpose of this code is to establish minimum requirements to safeguard the public safety, health and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. R301.1.2 Construction systems.The requirements of this code are based on platform and balloon-frame construction for light-frame buildings. The requirements for concrete and masonry buildings are based on a balloon framing system. Other framing systems must have equivalent detailing to ensure force transfer, continuity and compatible deformations. R303.1 Habitable rooms.All habitable rooms shall have an aggregate glazing area of not less than 8 percent of the floor area of such rooms. Natural ventilation shall be through windows, doors, louvers or other approved openings to the outdoor air. Such openings shall be provided with ready access or shall otherwise be readily controllable by the building occupants. The minimum openable area to the outdoors shall be 4 percent of the floor area being ventilated. R303.3 Bathrooms.Bathrooms, water closet compartments and other similar rooms shall be provided with aggregate glazing area in windows of not less than 3 square feet (0.3 m2), one-half of which must be openable.Exception: The glazed areas shall not be required where artificial light and a mechanical ventilation system are provided. The minimum ventilation rates shall be 50 cubic feet per minute (24 L/s) for intermittent ventilation or 20 cubic feet per minute (10 L/s) for continuous ventilation. Ventilation air from the space shall be exhausted directly to the outside. R303.6 Stairway illumination.All interior and exterior stairways shall be provided with a means to illuminate the stairs, including the landings and treads. Interior stairways shall be provided with an artificial light source located in the immediate vicinity of each landing of the stairway. For interior stairs the artificial light sources shall be capable of illuminating treads and landings to levels not less than 1 foot-candle (11 lux) measured at the center of treads and landings. Exterior stairways shall be provided with an artificial light source located in the immediate vicinity of the top landing of the stairway. Exterior stairways providing access to a basement from the outside grade level shall be provided with an artificial light source located in the immediate vicinity of the bottom landing of the stairway. SECTION R304 MINIMUM ROOM AREAS R304.1 Minimum area.Every dwelling unit shall have at least one habitable room that shall have not less than 120 square feet (11 m2) of gross floor area. R304.2 Other rooms.Other habitable rooms shall have a floor area of not less than 70 square feet (6.5 m2). Exception: Kitchens. R304.3 Minimum dimensions.Habitable rooms shall not be less than 7 feet (2134 mm) in any horizontal dimension. Exception: Kitchens. R304.4 Height effect on room area. Portions of a room with a sloping ceiling measuring less than 5 feet (1524 mm) or a furred ceiling measuring less than 7 feet (2134 mm) from the finished floor to the finished ceiling shall not be considered as contributing to the minimum required habitable area for that room. SECTION R305 CEILING HEIGHT R305.1 Minimum height.Habitable space, hallways, bathrooms, toilet rooms, laundry rooms and portions of basements containing these spaces shall have a ceiling height of not less than 7 feet (2134 mm). Exceptions: 1. For rooms with sloped ceilings, at least 50 percent of the required floor area of the room must have a ceiling height of at least 7 feet (2134 mm) and no portion of the required floor area may have a ceiling height of less than 5 feet (1524 mm). 2. Bathrooms shall have a minimum ceiling height of 6 feet 8 inches (2032 mm) at-the center of the front clearance area for fixtures as shown in Figure R307.1. The ceiling height above fixtures shall be such that the fixture is capable of being used for its intended purpose. A shower or tub equipped with a showerhead shall have a minimum ceiling height of 6 feet 8 inches (2032 mm) above a minimum area 30 inches (762 mm) by 30 inches (762 mm) at the showerhead.R305.1.1 Basements.Portions of basements that do not contain habitable space, hallways, bathrooms, toilet rooms and laundry rooms shall have a ceiling height of not less than 6 feet 8 inches (2032 mm). 1. Exception: Beams, girders, ducts or other obstructions may project to within 6 feet 4 inches (1931 mm) of the finished floor. SECTION R308 GLAZING R308.1 Identification.Except as indicated in Section R308.1.1 each pane of glazing installed in hazardous locations as defined in Section R308.4 shall be provided with a manufacturer's designation specifying who applied the designation, designating the type of glass and the safety glazing standard with which it complies, which is visible in the final installation. The designation shall be acid etched, sandblasted, ceramic-fired, laser etched, embossed, or be of a type which once applied cannot be removed without being destroyed. A label shall be permitted in lieu of the manufacturer's designation. SECTION R310 EMERGENCY ESCAPE AND RESCUE OPENINGS R310.1 Emergency escape and rescue required.Basements, habitable attics and every sleeping room shall have at least one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in each sleeping room. Where emergency escape and rescue openings are provided they shall have a sill height of not more than 44 inches (1118 mm) above the floor. Where a door opening having a threshold below the adjacent ground elevation serves as an emergency escape and rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall comply with Section R31 0.3. The net clear opening dimensions required by this section shall be obtained by the normal operation of the emergency escape and rescue opening from the inside. Emergency escape and rescue openings with a finished sill height below the adjacent ground elevation shall be provided with a window well in accordance with Section R3l0.2. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way. Exception: Basements used only to house mechanical equipment and not exceeding total floor area of 200 square feet (18.58 m2).R310.1.1 Minimum opening area.All emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet (0.530 m2).Exception: Grade floor openings shall have a minimum net clear opening of 5 square feet (0.465 m2). R310.1.2 Minimum opening height.The minimum net clear opening height shall be 24 inches (610 mm). R310.1.3 Minimum opening width.The minimum net clear opening width shall be 20 inches (508 mm). R310.1.4 Operational constraints.Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys, tools or special knowledge. R310.2 Window wells.The minimum horizontal area of the window well shall be 9 square feet (0.9 m2), with a minimum horizontal projection and width of 36 inches (914 mm). The area of the window well shall allow the emergency escape and rescue opening to be fully opened. Exception: The ladder or steps required by Section R3l 0.2.1 shall be permitted to encroach a maximum of 6 inches (152 mm) into the required dimensions of the window well. R310.2.1 Ladder and steps.Window wells with a vertical depth greater than 44 inches (1118 mm) shall be equipped with a permanently affixed ladder or steps usable with the window in the fully open position. Ladders or steps required by this section shall not be required to comply with Sections R3ll.7 and R3ll.8. Ladders or rungs shall have an inside width of at least 12 inches (305 mm), shall project at least 3 inches (76 mm) from the wall and shall be spaced not more than 18 inches (457 mm) on center vertically for the full height of the window well.SECTION R311 MEANS OF EGRESS R311.1 Means of egress.All dwellings shall be provided with a means of egress as provided in this section. The means of egress shall provide a continuous and unobstructed path of vertical and horizontal egress travel from all portions of the dwelling to the exterior of the dwelling at the required egress door without requiring travel through a garage. R311.2 Egress door.At least one egress door shall be provided for each dwelling unit. The egress door shall be side-hinged, and shall provide a minimum clear width of 32 inches (813 mm) when measured between the face of the door and the stop, with the door open 90 degrees (1.57 rad). The minimum clear height of the door opening shall not be less than 78 inches (1981 mm) in height measured from the top of the threshold to the bottom of the stop. Other doors shall not be required to comply with these minimum dimensions. Egress doors shall be readily openable from inside the dwelling without the use of a key or special knowledge or effort. R311.3 Floors and landings at exterior doors. There shall be a landing or floor on each side of each exterior door. The width of each landing shall not be less than the door served. Every landing shall have a minimum dimension of 36 inches (914 mm) measured in the direction of travel. Exterior landings shall be permitted to have a slope not to exceed 1/4 unit vertical in 12 units horizontal (2-percent). Exception: Exterior balconies less than 60 square feet (5.6 m2) and only accessible from a door are permitted to have a landing less than 36 inches (914 mm) measured in the direction of travel. R311.3.1 Floor elevations at the required egress doors.Landings or floors at the required egress door shall not be more than 11/2 inches (38 mm) lower than the top of the threshold. Exception: The exterior landing or floor shall not be more than 73/4 inches (196 mm) below the top of the threshold provided the door does not swing over the landing or floor. When exterior landings or floors serving the required egress door are not at grade, they shall be provided with access to grade by means of a ramp in accordance with Section R311.8 or a stairway in accordance with Section R311.7.R311.3.2 Floor elevations for other exterior doors.Doors other than the required egress door shall be provided with landings or floors not more than 73/4 inches (196 mm) below the top of the threshold.Exception: A landing is not required where a stairway of two or fewer risers is located on the exterior side of the door, provided the door does not swing over the stairway.R311.3.3 Storm and screen doors.Storm and screen doors shall be permitted to swing over all exterior stairs and landings. R311.4 Vertical egress.Egress from habitable levels including habitable attics and basements not provided with an egress door in accordance with Section R3ll.2 shall be by a ramp in accordance with Section R311.8 or a stairway in accordance with Section R311. 7.R311.7 Stairways.R311.7.1 Width.Stairways shall not be less than 36 inches (914 mm) in clear width at all points above the permitted handrail height and below the required headroom height. Handrails shall not project more than 4.5 inches (114 mm) on either side of the stairway and the minimum clear width of the stairway at and below the handrail height, including treads and landings, shall not be less than 311/2 inches (787 mm) where a handrail is installed on one side and 27 inches (698 mm) where handrails are provided on both sides.Exception: The width of spiral stairways shall be in accordance with Section R311.7.9.1. R311.7.2 Headroom.The minimum headroom in all parts of the stairway shall not be less than 6 feet 8 inches (2032 mm) measured vertically from the sloped line adjoining the tread nosing or from the floor surface of the landing or platform on that portion of the stairway. Exception: Where the nosings of treads at the side of a flight extend under the edge of a floor opening through which the stair passes, the floor opening shall be allowed to project horizontally into the required headroom a maximum of 43/4 inches (121 mm).R311.7.3 Walkline.The walkline across winder treads shall be concentric to the curved direction of travel through the turn and located 12 inches (305 mm) from the side where the winders are narrower. The 12-inch (305 mm) dimension shall be measured from the widest point of the clear stair width at the walking surface of the winder. If winders are adjacent within the flight, the point of the widest clear stair width of the adjacent winders shall be used. R311.7.4 Stair treads and risers.Stair treads and risers shall meet the requirements of this section. For the purposes of this section all dimensions and dimensioned surfaces shall be exclusive of carpets, rugs or runners. R311.7.4.1 Riser height.The maximum riser height shall be 73/4 inches (196 mm). The riser shall be measured vertically between leading edges of the adjacent treads. The greatest riser height within any flight of stairs shall not exceed the smallest by more than 3fs inch (9.5 mm). R311.7.4.2 Tread depth.The minimum tread depth shall be 10 inches (254 mm). The tread depth shall be measured horizontally between the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread's leading edge. The greatest tread depth within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm). Consistently shaped winders at the walkline shall be allowed within the same flight of stairs as rectangular treads and do not have to be within 3/8 inch (9.5 mm) of the rectangular tread depth. Winder treads shall have a minimum tread depth of 10 inches (254 mm) measured between the vertical planes of the foremost projection of adjacent treads at the intersections with the walkline. Winder treads shall have a minimum tread depth of 6 inches (152 mm) at any point within the clear width of the stair. Within any flight of stairs, the largest winder tread depth at the walkline shall not exceed the smallest winder tread by more than 3fs inch (9.5 mm).R311.7.4.3 Profile.The radius of curvature at the nosing shall be no greater than 9/16 inch (14 mm). A nosing not less than 3/4 inch (19 mm) but not more than 11/4 inches (32 mm) shall be provided on stairways with solid risers. The greatest nosing projection shall not exceed the smallest nosing projection by more than 3/8 inch (9.5 mm) between two stories, including the nosing· at the level of floors and landings. Beveling of nosings shall not exceed 1/2 inch (12.7 mm). Risers shall be vertical or sloped under the tread above from the underside of the nosing above at an angle not more than 30 degrees (0.51 rad) from the vertical. Open risers are permitted, provided that the opening between treads does not permit the passage of a 4-inch diameter (102 mm) sphere. Exceptions: 1. A nosing is not required where the tread depth is a minimum of 11 inches (279 mm). 2. The opening between adjacent treads is not limited on stairs with a total rise of 30 inches (762 mm) or less. R311.7.4.4 Exterior wood/plastic composite stair treads. Wood/plastic composite stair treads shall comply with the provisions of Section R317.4. R311. 7.5 Landings for stairways.There shall be a floor or landing at the top and bottom of each stairway. Exception: A floor or landing is not required at the top of an interior flight of stairs, including stairs in an enclosed garage, provided a door does not swing over the stairs. A flight of stairs shall not have a vertical rise larger than 12 feet (3658 mm) between floor levels or landings. The width of each landing shall not be less than the width of the stairway served. Every landing shaft have a minimum dimension of 36 inches (914 mm) measured in the direction of travel. R311.7.6 Stairway walking surface.The walking surface of treads and landings of stairways shall be sloped no steeper than one unit vertical in 48 inches horizontal (2-percent slope). R311.7.7 Handrails.Handrails shall be provided on at least one side of each continuous run of treads or flight with four or more risers. R311.7.7.1 Height.Handrail height, measured vertically from the sloped plane adjoining the tread nosing, or finish surface of ramp slope, shall be not less than 34 inches (864 mm) and not more than 38 inches (965 mm).Exceptions: 1. The use of a volute, turnout or starting easing shall be allowed over the lowest tread. 2. When handrail fittings or bendings are used to provide continuous transition between flights, the transition from handrail to guardrail, or used at the start of a flight, the handrail height at the fittings or bendings shall be permitted to exceed the maximum height. R311.7.7.2 Continuity.Handrails for stairways shall be continuous for the full length of the flight, from a point directly above the top riser of the flight to a point directly above the lowest riser of the flight. Handrail ends shall be returned or shall terminate in newel posts or safety terminals. Handrails adjacent to a wall shall have a ~pace of not less than 11/2 inch (38 mm) between the wall and the handrails.Exceptions: 1. Handrails shall be permitted to be interrupted by a newel post at the turn. 2. The use of a volute, turnout, starting easing or starting newel shall be allowed over the lowest tread. R311. 7.7.3 Grip-size. All required handrails shall be of one of the following types or provide equivalent graspability. 1. Type I. Handrails with a circular cross section shall have an outside diameter of at least 1-1/4 inches (32 mm] and not greater than 2 inches (51 mm). If the handrail is not circular, it shall have a perimeter dimension of at least 4 inches (102 mm) and not greater than 6-1/4 inches (160 mm) with a maximum cross section of dimension of 2-1/4 inches (57 nun). Edges shall have a minimum radius of 0.01 inch (0.25 mm). 2. Type II. Handrails with a perimeter greater than 61/4 inches (160 mm) shall have a graspable finger recess area on both sides of the profile. The finger recess shall begin within a distance of 3/4 inch (19 mm) measured vertically from the tallest portion of the profile and achieve a depth of at least 5/16 inch (8 mm) within 7/8 inch (22 mm) below the widest portion of the profile. This required depth shall continue for at least 3fs inch (10 mm) to a level that is not less than P/4 inches (45 mm) below the tallest portion of the profile. The minimum width of the handrail above the recess shall be 1-1/4 inches (32 mm) to a maximum of 2-3/4 inches (70 mm). Edges shall have a minimum radius of 0.01 inch (0.25 mm). R311.7.9.1 Spiral stairways.Spiral stairways are permitted, provided the minimum clear width at and below the handrail shall be 26 inches (660 mm) with each tread having a 7-1/2-inch (190 mm) minimum tread depth at 12 inches (914 mm) from the narrower edge. All treads shall be identical, and the rise shall be no more than 9-1/2 inches (241 mm). A minimum headroom of 6 feet 6 inches (1982 mm) shall be provided. R311.8 Ramps. R311.8.1 Maximum slope.Ramps shall have a maximum slope of 1 unit vertical in 12 units horizontal (8.3 percent slope). Exception: Where it is technically infeasible to comply because of site constraints, ramps may have a maximum slope of one unit vertical in eight horizontal (12.5 percent slope). R311.8.2 Landings required.A minimum 3-foot-by-3-foot (914 mm by 914 mm) landing shall be provided:1. At the top and bottom of ramps. 2. Where doors open onto ramps. 3. Where ramps change direction. R311.8.3 Handrails required.Handrails shall be provided on at least one side of all ramps exceeding a slope of one unit vertical in 12 units horizontal (8.33-percent slope).R311.8.3.1 Height.Handrail height, measured above the finished surface of the ramp slope, shall be not less than 34 inches (864 mm) and not more than 38 inches (965 mm). SECTION R312 GUARDS R312.1 Where required.Guards shall be located along open-sided walking surfaces, including stairs, ramps and landings, that are located more than 30 inches (762 mm) measured vertically to the floor or grade below at any point within 36 inches (914 mm) horizontally to the edge of the open side. Insect screening shall not be considered as a guard. R312.2 Height.Required guards at open-sided walking surfaces, including stairs, porches, balconies or landings, shall be not less than 36 inches (914 mm) high measured vertically above the adjacent walking surface, adjacent fixed seating or the line connecting the leading edges of the treads. Exceptions: 1. Guards on the open sides of stairs shall have a height not less than 34 inches (864 mm) measured vertically from a line connecting the leading edges of the treads. 2. Where the top of the guard also serves as a handrail on the open sides of stairs, the top of the guard shall not be not less than 34 inches (864 mm) and not more than 38 inches (965 mm) measured vertically from a line connecting the leading edges of the treads. R312.3 Opening limitations.Required guards shall not have openings from the walking surface to the required guard height which allow passage of a sphere 4 inches (102 mm) in diameter. Exceptions: 1. The triangular openings at the open side of a stair, formed by the riser, tread and bottom rail of a guard, shall not allow passage of a sphere 6 inches (153 mm) in diameter. 2. Guards on the open sides of stairs shall not have openings which allow passage of a sphere 43/8 inches (111 mm) in diameter. SECTION R314 SMOKE ALARMS R314.1 Smoke detection and notification.All smoke alarms shall be listed in accordance with UL 217 and installed in accordance with the provisions of this code and the household fire warning equipment provisions of NFPA 72.R314.2 Smoke detection systems.Household fire alarm systems installed in accordance with NFPA 72 that include smoke alarms, or a combination of smoke detector and audible notification device installed as required by this section for smoke alarms, shall be permitted. The household fire alarm system shall provide the same level of smoke detection and alarm as required by this section for smoke alarms. Where a household fire warning system is installed using a combination of smoke detector and audible notification device(s), it shall become a permanent fixture of the occupancy and owned by the homeowner. The system shall be monitored by an approved supervising station and be maintained in accordance with NFPA 72. Exception: Where smoke alarms are provided meeting the requirements of Section R3I4.4. R314.3 Location.Smoke alarms shall be installed in the following locations: 1. In each sleeping room. 2. Outside each separate sleeping area in the immediate vicinity of the bedrooms. 3. On each additional story of the dwelling, including basements and habitable attics but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. R314.4 Power source. Smoke alarms shall receive their primary power from the building wiring when such wiring is served from a commercial source, and when primary power is interrupted, shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. Smoke alarms shall be interconnected. SECTION R315 CARBON MONOXIDE ALARMS R315.1 Carbon monoxide alarms. For new construction, an approved carbon monoxide alarm shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms in dwelling units within which fuel-fired appliances are installed and in dwelling units that have attached garages.R315.2 Where required in existing dwellings. Where work requiring a permit occurs in existing dwellings that pave attached garages or in existing dwellings within which fuel-fired appliances exist, carbon monoxide alarms shall be provided in accordance with Section R315.1. R315.3 Alarm requirements. Single station carbon monoxide alarms shall be listed as complying with UL 2034 and shall be installed in accordance with this code and the manufacturer's installation instructions.SECTION R317 PROTECTION OF WOOD AND WOOD BASED PRODUCTS AGAINST DECAYR317.1 Location required.Protection of wood and wood based products from decay shall be provided in the following locations by the use of naturally durable wood or wood that is preservative-treated in accordance with AWPA VI for the species, product, preservative and end use. Preservatives shall be listed in Section 4 of AWPA UI.1. Wood joists or the bottom of a wood structural floor when closer than 18 inches (457 mm) or wood girders when closer than 12 inches (305 mm) to the exposed ground in crawl spaces or unexcavated area located within the periphery of the building foundation.2. All wood framing members that rest on concrete or masonry exterior foundation walls and are less than 8 inches (203 mm) from the exposed ground. 3. Sills and sleepers on a concrete or masonry slab that is in direct contact with the ground unless separated from such slab by an impervious moisture barrier. 4. The ends of wood girders entering exterior masonry or concrete walls having clearances of less than 1/2 inch (12.7 mm) on tops, sides and ends. 5. Wood siding, sheathing and wall framing on the exterior of a building having a clearance or less than 6 inches (152 mm) from the ground or less than 2 inches (51 mm) measured vertically from concrete steps, porch slabs, patio slabs, and similar horizontal surfaces exposed to the weather.6. Wood structural members supporting moisture-permeable floors or roofs that are exposed to the weather, such as concrete or masonry slabs, unless separated from such t1Qors or roofs by an impervious moisture barrier. 7. Wood furring strips or other wood framing members attached directly to the interior of exterior masonry walls or concrete walls below grade except where an approved vapor retarder is applied between the wall and the furring strips or framing members. R317.1.1 Field treatment.Field-cut ends, notches and drilled holes of preservative-treated wood shall be treated in the field in accordance with A WPA M4. R317.1.2 Ground contact.All wood in contact with the ground, embedded in concrete in direct contact with the ground or embedded in concrete exposed to the weather that supports permanent structures intended for human occupancy shall be approved pressure-preservative-treated wood suitable for ground contact use, except untreated wood may be used where entirely below groundwater level or continuously submerged in fresh water. APPENDIX F RADON CONTROL METHODS SECTION AF103 REQUIREMENTS AFI03.1 General.The following construction techniques are intended to resist radon entry and prepare the building for post-construction radon mitigation, if necessary (see Figure AF102). These techniques are required in areas where designated by the jurisdiction. AFI03.2 Subfloor preparation.A layer of gas-permeable material shall be placed under all concrete slabs and other floor systems that directly contact the ground and are within the walls of the living spaces of the building, to facilitate future installation of a sub-slab depressurization system, if needed. The gas-permeable layer shall consist of one of the following: 1. A uniform layer of clean aggregate, a minimum of 4 inches (102 mm) thick. The aggregate shall consist of material that will pass through a 2-inch (51 mm) sieve and be retained by a 1/4-inch (6.4 mm) sieve. 2. A uniform layer of sand (native or fill), a minimum of 4 inches (102 mm) thick, overlain by a layer or strips of geotextile drainage matting designed to allow the lateral flow of soil gases.3. Other materials, systems or floor designs with demonstrated capability to permit depressurization across the entire sub-floor area. AFI03.3 Soil-gas-retarder.A minimum 6-mil (0.15 mm) [or 3-mil (0.075 mm) cross-laminated] polyethylene or equivalent flexible sheeting material shall be placed on top of the gas-permeable layer prior to casting the slab or placing the floor assembly to serve as a soil-gas-retarder by bridging any cracks that develop in the slab or floor assembly and to prevent concrete from entering the void spaces in the aggregate base material. The sheeting shall cover the entire floor area with separate sections of sheeting lapped at least 12 inches (305 mm). The sheeting shall fit closely around any pipe, wire or other penetrations of the material. All punctures or tears in the material shall be sealed or covered with additional sheeting. AFI03.4 Entry routes.Potential radon entry routes shall be closed in accordance with Sections AF103.4.1 through AFI03.4.1O. AFl03.4.1 Floor openings.Openings around bathtubs, showers, water closets, pipes, wires or other objects that penetrate concrete slabs or other floor assemblies shall be filled with a polyurethane caulk or equivalent sealant applied in accordance with the manufacturer's recommendations. AFI03.4.2 Concrete joints.All control joints, isolation joints, construction joints and any other joints in concrete slabs or between slabs and foundation walls shall be sealed with a caulk or sealant. Gaps and joints shall be cleared of loose material and filled with polyurethane caulk or other elastomeric sealant applied in accordance with the manufacturer's recommendations. AFI03.4.3 Condensate drains.Condensate drains shall be trapped or routed through nonperforated pipe to daylight. AFl03.4.4 Sumps.Sump pits open to soil or serving as the termination point for sub-slab or exterior drain tile loops shall be covered with a gasketed or otherwise sealed lid. Sumps used as the suction point in a sub-slab depressurization system shall have a lid designed to accommodate the vent pipe. Sumps used as a floor drain shall have a lid equipped with a trapped inlet. AFl03.4.5 Foundation walls.Hollow block masonry foundation walls shall be constructed with either a continuous course of solid masonry, one course of masonry grouted solid, or a solid concrete beam at or above finished ground surface to prevent passage of air from the interior of the wall into the living space. Where a brick veneer or other masonry ledge is installed, the course immediately below that ledge shall be sealed. Joints, cracks or other openings around all penetrations of both exterior and interior surfaces of masonry block or wood foundation walls below the ground surface shall be filled with polyurethane caulk or equivalent sealant. Penetrations of concrete walls shall be filled. AFl03.4.6 Dampproofing.The exterior surfaces of portions of concrete and masonry block walls below the ground surface shall be dampproofed in accordance with Section R406 of this code.AFl03.4.7 Air-handling units.Air-handling units in crawl spaces shall be sealed to prevent air from being drawn into the unit. Exception: Units with gasketed seams or units that are otherwise sealed by the manufacturer to prevent leakage. AFl03.4.8 Ducts. Ductwork passing through or beneath a slab shall be of seamless material unless the air-handling system is designed to maintain continuous positive pressure within such ducting. Joints in such ductwork shall be sealed to prevent air leakage. Ductwork located in crawl spaces shall have all seams and joints sealed by closure systems in accordance with Section M1601.4.1. AFl03.4.9 Crawl space floors.Openings around all penetrations through floors above crawl spaces shall be caulked, or otherwise filled to prevent air leakage. AFl03.4.l0 Crawl space access.Access doors and other openings or penetrations between basements and adjoining crawl spaces shall be closed, gasketed or otherwise filled to prevent air leakage. AF103.5 Passive submembrane depressurization system.In buildings with crawl space foundations, the following components of a passive sub-membrane depressurization system shall be installed during construction. Exception: Buildings in which an approved mechanical crawl space ventilation system or other equivalent system is installed. AF103.5.1 Ventilation.Crawl spaces shall be provided with vents to the exterior of the building. The minimum net area of ventilation openings shall comply with Section R408.1 of this code.AF103.5.2 Soil-gas-retarder.The soil in crawl spaces shall be covered with a continuous layer of minimum 6-mil (0.15 mm) polyethylene soil-gas-retarder. The ground cover shall be lapped a minimum of 12 inches (305 mm) at joints and shall extend to all foundation walls enclosing the crawl space area. AF103.5.3 Vent pipe.A plumbing tee or other approved connection shall be inserted horizontally beneath the sheeting and connected to a 3-or 4-inch-diameter (76 mm or 102 mm) fitting with a vertical vent pipe installed through the sheeting. The vent pipe shall be extended up through the building floors, terminate at least 12 inches (305 mm) above the roof in a location at least 10 feet (3048 mm) away from any window or other opening into the conditioned spaces of the building that is less than 2 feet (610 mm) below the exhaust point, and 10 feet (3048 mm) from any window or other opening in adjoining or adjacent buildings. AF103.6 Passive subslab depressurization system.In basement or slab-on-grade buildings, the following components of a passive sub-slab depressurization system shall be installed during construction. AF103.6.l Vent pipe.A minimum 3-inch-diameter (76 mm) ABS, PVC or equivalent gas-tight pipe shall be embedded vertically into the sub-slab aggregate or other permeable material before the slab is cast. A "T" fitting or equivalent method shall be used to ensure that the pipe opening remains within the sub-slab permeable material. Alternatively, the 3-inch (76 mm) pipe shall be inserted directly into an interior perimeter drain tile loop or through a sealed sump cover where the sump is exposed to the sub-slab aggregate or connected to it through a drainage system. The pipe shall be extended up through the building floors, terminate at least 12 inches (305 mm) above the surface of the roof in a location at least 10 feet (3048 mm) away from any window or other opening into the conditioned spaces of the building that is less than 2 feet (610 mm) below the exhaust point, and 10 feet (3048 mm) from any window or other opening in adjoining or adjacent buildings.AF103.6.2 Multiple vent pipes.In buildings where interior footings or other barriers separate the sub-slab aggregate or other gas-permeable material, each area shall be fitted with an individual vent pipe. Vent pipes shall connect to a single vent that terminates above the roof or each individual vent pipe shall terminate separately above the roof. AF103.7 Vent pipe drainage. All components of the radon vent pipe system shall be installed to provide positive drainage to the ground beneath the slab or soil-gas-retarder. AF103.8 Vent pipe accessibility. Radon vent pipes shall be accessible for future fan installation through an attic or other area outside the habitable space. Exception: The radon vent pipe need not be accessible in an attic space where an approved roof-top electrical supply is provided for future use. AF103.9 Vent pipe identification.All exposed and visible interior radon vent pipes shall be identified with at least one label on each floor and in accessible attics. The label shall read:"Radon Reduction System." AF103.l0 Combination foundations.Combination basement/crawl space or slab-on-grade/crawl space foundations shall have separate radon vent pipes installed in each type of foundation area. 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ª0111/3/21Setback Variance*SJWL^ 9')/ƐƐƵĂŶĐĞ^ĐŚĞĚƵůĞĞƐĐƌŝƉƚŝŽŶĂƚĞη%RXOGHU'XUDQJR ĨćŶĂƐĂƌĐŚŝƚĞĐƚƵƌĞIWF\NSLX^RGTQX11/2/2021 12:29:17 PMĚŵŝŶŝƐƚƌĂƚŝǀĞ/ŶĨŽBiderman Remodel11/3/2021SETBACK VARIANCE SUBMITTALBiderman Remodel1922 Tyler Rd Boulder, CO 80304ϬϬϭ12.08.2021 BOZA Packet Page 15 of 91
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 94' - 0"
95' - 0"
96' - 0"
97' - 0" 9
8' -
0
"
93' - 0"
99' - 0"
100' - 0"
101' - 0" 1" " " " FRONT SETBACK LINEP R O P E R T Y L I N E
P R O P E R T Y L IN E
REAR SETBACK LINEPROPERTY LINEPROPERTY LINE24' - 4"
25' - 0"25' - 2"(E) AREA OF ROOF TO REMOVEHOT TUB(E) CONC KITCHEN COUNTER(E) SHEDTO REMAIN100.00'T.O. MAIN FLOOR LEVELEL. 5358.06' SURVEY DATUMEL. 100' -0" PROJECT DATUM1' BRICK WALL(E) FENCEPATIO AREA (E) DRIVEWAY(E) 6" STONE WALL6" TIMBER WALLLOWEST ELEV.PER SURVEY8' - 2"(E ) S I D E Y A RD S E T B A CK EXISTING 1-STORY FRAME W/GARAGEAAND CRAWL SPACE(E) PORTION OF HOUSE WITHIN SETBACK ENCROACHMENT TO REMAIN, NO SCOPE OF WORK THIS AREA(E) PORTION OF HOUSE WITHIN SETBACK ENCROACHMENT(E) AREA OF ROOF TO REMAIN20' - 11"34' - 11"19' - 7"
25' - 0"
5' - 5"
24' - 3"29' - 6"
P R O P E RTY L I N E
P RO PE R T Y L INE
PROPERTY LINEPROPERTY LINEFRONT SETBACK LINEREAR SETBACK LINEP RO P O S E D S E T B ACK (V A RI AN C E )FENCE(E) 6" STONE WALLFR O N T S E TB A C K L IN E
DASHED LINE INDICATES NEW ROOF ABOVE(E) PORTION OF HOUSE WITHIN SETBACK ENCROACHMENT TO REMAIN, NO SCOPE OF WORK THIS AREA10' - 6"25' - 0"HOTTUBPROPOSED 2-STORY FRAME W/GARAGEAND CRAWL SPACE96.94'MIDPOINT BETWEEN FRONT AND REAR YARD SETBACKLINE INDICATES WALL@GRADE(E) SHEDTO REMAIN(E) S I D E Y AR D SET B AC K 8' - 2"9-7-4.(C) (1) -SETBACK ENCROACHMENTS FOR FRONT PORCHES.NO PORCH SHALL ENCROACH MORE THAN 8' INTO THE REQUIRED FRONT YARD SETBACK(2) THE TOTAL AREA OF ANY ENCROACHMENT OF THE PORCH INTO A FRONT YARD OR A SIDE YARD ADJACENT TO A STREET SHALL NOT EXCEED 150 SF(3)DEPTH OF PORCH: THE MINIMUM DEPTH OF THE PORCH SHALL NOT BE LESS THAN FIVE FEET1' BRICK WALLLOWEST POINT OF NATURAL GRADE(E) CONC KITCHEN COUNTER(E) 6" STONE WALL25' - 0"207 SF150 SF PORCH AREA 9' - 1"24' - 5"4' - 8"4' - 5"8' - 1"MIN 5'-0"6' - 3"7' - 9"4' - 8"21' - 9"102.94'MIDPOINT BETWEEN FRONT AND REAR YARD SETBACK10' - 6"25' - 0"92.49'109.84'T.O. MAIN FLOOR LEVELEL. 5358.06' SURVEY DATUMEL. 100' -0" PROJECT DATUM(E) PORTION OF HOUSE WITHIN SETBACK ENCROACHMENTWALL TYPE LEGENDEXISTING (E) WALL/ITEM TO REMAIN(E) WALL/ITEM TO BE DECONSTRUCTEDNEW (N) WALL0111/3/21For Permit & Const./ƐƐƵĂŶĐĞ^ĐŚĞĚƵůĞĞƐĐƌŝƉƚŝŽŶĂƚĞη%RXOGHU'XUDQJR ĨćŶĂƐĂƌĐŚŝƚĞĐƚƵƌĞ12/3/2021 11:29:08 AM^ŝƚĞĂŶĚ'ƌĂĚŝŶŐWůĂŶϭϬϭBiderman Remodel1922 Tyler Rd Boulder, CO 803041" = 10'-0"2Site Plan - Existing/Demo1" = 10'-0"1Site Plan - Proposed1010201" = 10'-0"0FEETSCALE12.08.2021 BOZA Packet Page 16 of 91
1017 SFGARAGE 233 SF1272 SFPORCH 307 SFGARAGE241 SFDECK404 SFDECK92 SF831 SF0111/3/21For Permit & Const./ƐƐƵĂŶĐĞ^ĐŚĞĚƵůĞĞƐĐƌŝƉƚŝŽŶĂƚĞη%RXOGHU'XUDQJR ĨćŶĂƐĂƌĐŚŝƚĞĐƚƵƌĞ12/3/2021 11:29:08 AM&ZĂůĐƵůĂƚŝŽŶϭϬϮBiderman Remodel1922 Tyler Rd Boulder, CO 803041/8" = 1'-0"1MAIN LEVEL EXISTING SQUARE FOOTAGE1/8" = 1'-0"2MAIN LEVEL PROPOSED SQUARE FOOTAGE1/8" = 1'-0"3UPPER LEVEL PROPOSED SQUARE FOOTAGE12.08.2021 BOZA Packet Page 17 of 91
F.F. MAIN LEVEL100' -0"TO SHEATHING UPPERLEVEL110' -1 1/8"TO PLATE117' -1 1/8"LINE REPRESENTS THE EXTENTSOF SOLAR ENVELOPELINE REPRESENTS THE EXTENTSOF SOLAR ENVELOPEROOF123' -4"MAX BUILDING HEIGHT127' -5 1/4"MIDPOINT 3104' -10"PROPERTY LINEP R O P E R T Y L I N E PROPERTY LINEP R O P E R T Y L IN E
PROPOSED 2-STORY RESIDENCEFRONT YARD SETBACKS I DE YA R D S ET B A C KEQEQEQSIDE Y A R D S E T B A C K
8' - 2"ABCDEFHIJ109.38'112.46'109.38'117.71'123.34'117.70'118.86'123.31'117.74'96.98'92.03'92.61'92.77'93.09'93.67'94.26'95.05'95.48'95.77'95.90'96.13'96.23'96.73'96.82'99.50'99.50'100.58'101.30'102.30'107.69'109.38'109.38'101.53'103.25'G122.74'94.82'99.50'NOTE: Public streets and alleyways are not protected by solar access regulations. Shadows cast in these areas are permissible.10' - 6"0111/3/21For Permit & Const./ƐƐƵĂŶĐĞ^ĐŚĞĚƵůĞĞƐĐƌŝƉƚŝŽŶĂƚĞη%RXOGHU'XUDQJR ĨćŶĂƐĂƌĐŚŝƚĞĐƚƵƌĞ12/3/2021 11:29:08 AM^ŽůĂƌŶĂůLJƐŝƐΘƌĞĂWůĂŶƐϭϬϯBiderman Remodel1922 Tyler Rd Boulder, CO 803041/8" = 1'-0"3SECTION SOLAR ENVELOPE1" = 10'-0"4SITE PLAN - SOLAR ANALYSIS - PROPOSED1010201" = 10'-0"0FEETSCALE12.08.2021 BOZA Packet Page 18 of 91
F.F. MAIN LEVEL100' -0"LOWEST POINT OFNATURAL GRADE92' -5 1/4"BUILDING HEIGHT30' - 10 3/4"PROPERTY LINELOWEST EXPOSEDEXTERIOR POINT99' -1 3/4"PROPERTY LINEROOF123' -4"MAX BUILDING HEIGHT127' -5 1/4"110' - 5 1/8"35' - 0"12' - 0"45.00°12' - 0"EXISTING SIDE SETBACK8' - 2"PROPOSED SETBACK (VARIANCE)10' - 6"SIDE YARD BULK PLANE AS PER TABLE 9-7-9.MAX HEIGHT 35'-0"79' - 8 3/4"0111/3/21For Permit & Const./ƐƐƵĂŶĐĞ^ĐŚĞĚƵůĞĞƐĐƌŝƉƚŝŽŶĂƚĞη%RXOGHU'XUDQJR ĨćŶĂƐĂƌĐŚŝƚĞĐƚƵƌĞ12/3/2021 11:29:11 AMƵůŬWůĂŶĞŝĂŐƌĂŵƐϭϬϰBiderman Remodel1922 Tyler Rd Boulder, CO 803043/16" = 1'-0"2NORTH ELEVATION - PROPOSED BULK43D BULKPROPERTY LINEFRONT YARD SETBACKMIDPOINT BETWEEN FRONT AND REAR YARD SETBACKLINEREAR YARD SETBACK12'-0"45.00°35'-0"12.08.2021 BOZA Packet Page 19 of 91
UPUP2123A103A3011A3012A3022BEDROOMENTRYPANTRYKITCHENLIVINGBATHBATHCLOSETDININGCLOSGARAGEMUDPWDRCOVERED PORCH1' - 3 3/8"CLOSETA104226' - 10"12' - 9 1/2"23' - 10"24' - 2 3/8"39' - 7"11' - 7"12' - 3 1/2"5' - 6 1/2"19' - 7 1/2"5' - 4 1/2"4' - 8"4' - 5"FRONT SETBACK LINEPROPERTY LINE25' - 0"9' - 1"9-7-4.(C) (1) -SETBACK ENCROACHMENTS FOR FRONT PORCHES.NO PORCH SHALL ENCROACH MORE THAN 8' INTO THE REQUIRED FRONT YARD SETBACK(2) THE TOTAL AREA OF ANY ENCROACHMENT OF THE PORCH INTO A FRONT YARD OR A SIDE YARD ADJACENT TO A STREET SHALL NOT EXCEED 150 SF(3) DEPTH OF PORCH: THE MINIMUM DEPTH OF THE PORCH SHALL NOT BE LESS THAN 5'-0" 6' - 3"(E) PORTION OF HOUSE -NO WORKREAR SETBACK LINEPROPOSED SETBACK 10.5' TO PROPERTY LINEWALL TYPE LEGENDEXISTING (E) WALL/ITEM TO REMAIN(E) WALL/ITEM TO BE DECONSTRUCTEDNEW (N) WALL0111/3/21For Permit & Const./ƐƐƵĂŶĐĞ^ĐŚĞĚƵůĞĞƐĐƌŝƉƚŝŽŶĂƚĞη%RXOGHU'XUDQJR ĨćŶĂƐĂƌĐŚŝƚĞĐƚƵƌĞ12/3/2021 11:29:11 AMDĂŝŶ>ĞǀĞů&ůŽŽƌWůĂŶϮϬϭBiderman Remodel1922 Tyler Rd Boulder, CO 803041/4" = 1'-0"1MAIN LEVEL PROPOSED22468101/4" = 1'-0"0FEETSCALE12.08.2021 BOZA Packet Page 20 of 91
DNDN21123A103A3011A3012A3022A302111' - 3"2' - 7 5/8"12' - 0"4 1/2"2' - 0"10' - 6"13' - 0"4 1/2"4' - 11"7' - 6"11' - 0 5/8"4 1/2"10' - 0"12' - 0"6' - 0"STUDY/GAMEROOMCLOSETBEDROOMCLOSETCLOSETBATHMASTER BEDROOMCLOSETBATHDECKBALCONY3' - 6 1/4"CLOSETA104237' - 4 1/2"37' - 4 1/2"5' - 4 1/2"RAILING @ 3'-0" AFFRAILING @ 3'-0" AFFNOTES:AS PER TABLE:9-7-4.(C) (1) -SETBACK ENCROACHMENTS FOR FRONT PORCHES.NO PORCH SHALL ENCROACH MORE THAN 8' INTO THE REQUIRED FRONT YARD SETBACK(2) THE TOTAL AREA OF ANY ENCROACHMENT OF THE PORCH INTO A FRONT YARD OR A SIDE YARD ADJACENT TO A STREET SHALL NOT EXCEED 150 SF(3)DEPTH OF PORCH: THE MINIMUM DEPTH OF THE PORCH SHALL NOT BE LESS THAN 5'-0"(E) PORTION OF HOUSE WITHIN SETBACK ENCROACHMENT TO REMAIN, NO SCOPE OF WORK THIS AREARAILINGWALL TYPE LEGENDEXISTING (E) WALL/ITEM TO REMAIN(E) WALL/ITEM TO BE DECONSTRUCTEDNEW (N) WALL0111/3/21For Permit & Const./ƐƐƵĂŶĐĞ^ĐŚĞĚƵůĞĞƐĐƌŝƉƚŝŽŶĂƚĞη%RXOGHU'XUDQJR ĨćŶĂƐĂƌĐŚŝƚĞĐƚƵƌĞ12/3/2021 11:29:11 AMhƉƉĞƌ>ĞǀĞů&ůŽŽƌWůĂŶϮϬϮBiderman Remodel1922 Tyler Rd Boulder, CO 803041/4" = 1'-0"1UPPER LEVEL PROPOSED22468101/4" = 1'-0"0FEETSCALE12.08.2021 BOZA Packet Page 21 of 91
3A103DECKDECK5" / 1'-0"5" / 1'-0"2" / 1'-0"8" / 1'-0"8" / 1'-0"2" / 1'-0"2" / 1'-0"2" / 1'-0"28' - 6 3/4"13' - 3 1/4"9' - 0"2' - 4"25' - 10"3' - 9 1/4"25' - 0"29' - 2 1/4"13' - 4 3/4"36' - 11"WALL TYPE LEGENDEXISTING (E) WALL/ITEM TO REMAIN(E) WALL/ITEM TO BE DECONSTRUCTEDNEW (N) WALL0111/3/21For Permit & Const./ƐƐƵĂŶĐĞ^ĐŚĞĚƵůĞĞƐĐƌŝƉƚŝŽŶĂƚĞη%RXOGHU'XUDQJR ĨćŶĂƐĂƌĐŚŝƚĞĐƚƵƌĞ12/3/2021 11:29:12 AMZŽŽĨWůĂŶϮϬϯBiderman Remodel1922 Tyler Rd Boulder, CO 803041/4" = 1'-0"1ROOF PLAN22468101/4" = 1'-0"0FEETSCALE12.08.2021 BOZA Packet Page 22 of 91
F.F. MAIN LEVEL100' -0"TO SHEATHING UPPERLEVEL110' -1 1/8"TO PLATE117' -1 1/8"3A103ROOF123' -4"MAX BUILDING HEIGHT127' -5 1/4"PROPERTY LINEFRONT SETBACK LINE3' - 1"25' - 0"4' - 8"1' - 6"9-7-4.(C) (1) -SETBACK ENCROACHMENTS FOR FRONT PORCHES.NO PORCH SHALL ENCROACH MORE THAN 8' INTO THE REQUIRED FRONT YARD SETBACKF.F. MAIN LEVEL100' -0"TO SHEATHING UPPERLEVEL110' -1 1/8"TO PLATE117' -1 1/8"ROOF123' -4"F.F. MAIN LEVEL100' -0"11' - 10 3/4"F.F. MAIN LEVEL100' -0"0111/3/21For Permit & Const./ƐƐƵĂŶĐĞ^ĐŚĞĚƵůĞĞƐĐƌŝƉƚŝŽŶĂƚĞη%RXOGHU'XUDQJR ĨćŶĂƐĂƌĐŚŝƚĞĐƚƵƌĞ12/3/2021 11:29:15 AM džƚĞƌŝŽƌ ůĞǀĂƚŝŽŶƐϯϬϭBiderman Remodel1922 Tyler Rd Boulder, CO 803041/4" = 1'-0"1EAST ELEVATION - PROPOSED1/4" = 1'-0"2NORTH ELEVATION - PROPOSEDNot To Scale3EAST ELEVATION - EXISTINGNot To Scale4NORTH ELEVATION - EXISTINGFor Reference onlyFor Reference only12.08.2021 BOZA Packet Page 23 of 91
F.F. MAIN LEVEL100' -0"TO SHEATHING UPPERLEVEL110' -1 1/8"TO PLATE117' -1 1/8"ROOF123' -4"MAX BUILDING HEIGHT127' -5 1/4"MIDPOINT 3104' -10"F.F. MAIN LEVEL100' -0"TO SHEATHING UPPERLEVEL110' -1 1/8"TO PLATE117' -1 1/8"3A103ROOF123' -4"MAX BUILDING HEIGHT127' -5 1/4"MIDPOINT 3104' -10"F.F. MAIN LEVEL100' -0"MAX BUILDING HEIGHT127' -5 1/4"F.F. MAIN LEVEL100' -0"MAX BUILDING HEIGHT127' -5 1/4"MIDPOINT 3104' -10"0111/3/21For Permit & Const./ƐƐƵĂŶĐĞ^ĐŚĞĚƵůĞĞƐĐƌŝƉƚŝŽŶĂƚĞη%RXOGHU'XUDQJR ĨćŶĂƐĂƌĐŚŝƚĞĐƚƵƌĞ12/3/2021 11:29:18 AM džƚĞƌŝŽƌ ůĞǀĂƚŝŽŶƐϯϬϮBiderman Remodel1922 Tyler Rd Boulder, CO 803041/4" = 1'-0"2SOUTH ELEVATION - PROPOSED1/4" = 1'-0"1WEST ELEVATION - PROPOSED1/8" = 1'-0"3SOUTH ELEVATION - EXISTINGNot To Scale4WEST ELEVATION -EXISTING12.08.2021 BOZA Packet Page 24 of 91
PRIMARYENTRYBEDROOMKITCHENLIVINGSTORAGE24' - 3 1/2"4' - 0"25' - 2"39' - 6 3/4"11' - 6 3/4"29' - 2"51' - 1 1/2"51' - 1 1/2"REMOVE AREA OF (E) ROOF,METAL ROOF & STRUCTURE(E) ROOF TO REMAIN26' - 3 1/2"26' - 3 3/4"15' - 2 3/4"11' - 7"20' - 6 1/4"6' - 9"24' - 0 1/2"29' - 1"WALL TYPE LEGENDEXISTING (E) WALL/ITEM TO REMAIN(E) WALL/ITEM TO BE DECONSTRUCTEDNEW (N) WALL0111/3/21For Permit & Const./ƐƐƵĂŶĐĞ^ĐŚĞĚƵůĞĞƐĐƌŝƉƚŝŽŶĂƚĞη%RXOGHU'XUDQJR ĨćŶĂƐĂƌĐŚŝƚĞĐƚƵƌĞ12/3/2021 11:29:19 AMDĂŝŶ>ĞǀĞůΘZŽŽĨĞŵŽWůĂŶϮϬϭBiderman Remodel1922 Tyler Rd Boulder, CO 803041/4" = 1'-0"1MAIN LEVEL DEMO PLAN1/4" = 1'-0"2ROOF DEMO PLAN22468101/4" = 1'-0"0FEETSCALE12.08.2021 BOZA Packet Page 25 of 91
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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:
1431 KENDALL DR
40 7 TABLE MESA 2
7,004 SF
SINGLE FAMILY RESIDENCE
RELOCATION OF EXISTING WEST ENTRY DOOR OFF OF THE EXISTING DRIVEWAY TO THE
EAST ELEVATION OF THE PREVIOUSLY BOZA APPROVED ENCLOSED PORCH AREA WITHIN
THE FRONT YARD SETBACK, AS WELL AS ADD A NEW 64 SF COVERED PORCH AT THE EAST
ELEVATION WITHIN THE FRONT YARD SETBACK TO PROVIDE A NEW FRONT DOOR ENTRY.
2,736 SF
1,656 SF
17'-4 3/4"
2,830 SF
1,750 SF
17'-4 3/4"
1431 KENDALL DR
ERICA + GEORGE GREEN
BOULDER CO
CO
80305
80027LOUISVILLE
1461 MONROE PL 650-554-8423
402-440-2898
ericaranee@gmail.com
tiffany@beladesignstudio.com
12.08.2021 BOZA Packet Page 30 of 91
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)
X
12.08.2021 BOZA Packet Page 31 of 91
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__________
11.5.2021
12.08.2021 BOZA Packet Page 32 of 91
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.
TIFFANY MINSHAW, BELA DESIGN STUDIO
ERICA + GEORGE GREEN
1431 KENDALL DR
11.5.2021
12.08.2021 BOZA Packet Page 33 of 91
1461 monroe place
louisville, co 80027
t 650.554.8423
tiffany@beladesignstudio.com
5 November 2021
RE: 1431 KENDALL DR - BOZA VARIANCE APPLICATION
Planning and Development Services
City of Boulder
1739 Broadway, 3rd Floor
Boulder, CO 80302
I , residing at
give written consent for Tiffany Minshaw, bela design studio to apply for a BOZA variance application
for our proposed front porch.
SIGNATURE:
1
Erica Green 1431 Kendall Dr, Boulder
12.08.2021 BOZA Packet Page 34 of 91
1461 monroe place
louisville, co 80027
t 650.554.8423
tiffany@beladesignstudio.com
5 November 2021
Planning and Development Services - BOZA
City of Boulder
1739 Broadway, 3rd Floor
Boulder, CO 80302
RE: 1431 KENDALL DR, BOULDER - WRITTEN STATEMENT
Please refer to the following written statement satisfying the variance criteria applicable requirements.
BOZA VARIANCE CRITERIA:
CRITERIA FOR VARIANCES
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.
The existing front entry door currently resides on the west elevation of the now conditioned
enclosed front porch, directly off of the existing driveway, making it very difficult to use this
front door location properly when cars are parked on the driveway. This situation does not
occur throughout the neighborhood given this enclosed front porch was a previous BOZA
approval. Because this existing enclosed front porch is within the front yard setback, the
proposed front entry door location and covered front porch at the east side is, therefore, also
within the front yard setback. This has not presented a hardship.
1
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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.
The existing house was built in 1967. The proposed front covered porch is integral in providing
a proper front entry to the existing house, and the design aesthetic is in keeping with the Mid-
Century Ranch style of the existing home. This exterior covered front porch will not increase the
use of energy for heating and cooling purposes. The costs would be substantially greater in
trying to provide a front porch within the existing setback given the current layout of the
existing house, window well and driveway locations, and having to rearrange majority of the
interior layout of the main level.
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.
The proposed covered front porch is on the south side of the property, somewhat centrally
located on the lot, and would not interfere with the basic solar access protection, and is well
below the solar access volume and the max. height of the existing roof.
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.
The property is 54 years old, is not designated as a landmark, nor is it located within a historic
district.
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.
The proposed front covered porch is designed in keeping with the aesthetics of the existing
house and neighborhood. It does not impair adjacent properties with it's proposed location.
The proposed porch design is based on Section 9-7-4, "Setback Encroachments for Front
Porches," B.R.C. 1981, and does not conflict with the Solar Access being that it's located within
the property's own south yard and below the existing roof.
2
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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__________
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From:James Cary
To:BOZA; Wyler, Robbie
Cc:Holmes, Brian; nseccurro@hotmail.com
Subject:FW: Administrative Variance override 850 Circle Drive 80302
Date:Tuesday, December 7, 2021 11:32:21 AM
Attachments:Ramsey_BOZA_Response_v1.1.pdf
Letter to Jim and Nancy.docx
860_Circle_SIte_Improvement_Survey.pdf
External Sender
Resending, using my personal email account.
From: James Cary <jcary@clearspringrx.com>
Date: Tuesday, December 7, 2021 at 11:16 AM
To: "Wyler, Robbie" <WylerR@bouldercolorado.gov>, NANCY SECCURRO
<nseccurro@hotmail.com>, "boza@bouldercolorado.gov" <boza@bouldercolorado.gov>
Cc: "Holmes, Brian" <HolmesB@bouldercolorado.gov>
Subject: Administrative Variance override 850 Circle Drive 80302
Robbie and BOZA Board,
Attached please find:
Our letter to the Board responding to the application for variance.
Letter from Karen Ramsey, as noted in our response.
Improvement Survey Plat, as noted in our response.
Thank-you for your help through this process!
The Cary’s
12.08.2021 BOZA Packet Page 73 of 91
Karen Ramsey and Giles Troughton
850 Circle Drive, Boulder
August 8, 2021
Dear Jim and Nancy:
We hope that all is well with you and that you are surviving these hot, smokey August days.
Thank you for your patience with our project. As things evolve, we are committed to keeping you both
updated on developments that impact your family, and hope to have the chance to connect on topics you
may be interested in (like landscaping) that impact our shared property line, views, and experience. We
are available at any time to review/discuss plans, to talk about expectations and timelines, and address
any other questions or concerns you may have. As we hope you are aware, we are working hard to
contain the mess and limit the disruption to all the neighbors and their visitors, especially to you and
Micah (and RJ). Please don’t hesitate to contact us at any time by email or cell phone, or stop by any
time to visit us at our rental place.
The purpose of this package is to outline a request for a variance related to the deck over the garage, and
to ask for your consideration and approval.
Some Context:
• We are building what we hope you agree will be a lovely home on Circle Drive
• Since you will have a direct view of our new house when it's done, we hope that you will find it to
be modern and tasteful
• We have been careful to design the house and landscaping with the neighborhood in mind by:
- Preserving sightlines of the mountains and as much mature vegetation as possible
- Doing all we can to conserve natural resources and build "green," and
- Working to complement rather than compete with the beauty of our shared open space
• We wanted to assure you that your views of Flagstaff Mountain will not be materially impacted, as
the roofline of the future house at its peak will be only +/-2 feet higher than the old house
• To the west, the two bedrooms will remain as they were, and the roofline will not change
• The large, imposing balcony/deck that used to hang over the garage will be replaced with a
smaller one; what was an odd-shaped eyesore with large, heavy wooden railings will be replaced
with a smaller and significantly less obtrusive deck with narrow, wrought iron railings
• Our hope is that the deck will follow the shape of the house, which is to say that it will be a simple
rectangle off the kitchen; this is the subject of the variance request.
The Complication:
• Due to the shape of our non-comforming lot, the setbacks required by Boulder Building Code
have made the design of the new house a bit of a challenge; the architects have managed to
work within the constraints with only a few unique/odd compromises (one is the deck, the other is
the legacy roof on the west side of the house)
• Given the dimensions of the house and the proposed deck, Code requires that we "clip" the
corner of the deck on the side nearest the street in order to stay within the setback + 4'
allowance; this means instead of being a rectangle the deck would be shaped like a trapezoid
• I have attached renderings so that you can see images of what the house would look like after it's
done as currently designed (please note the odd shaped deck with the “clipped” corner)
• We are seeking a variance in order to be able to build a standard rectangular deck, which we
think will function better and also look better (a benefit to us and we believe also to the
neighborhood)
12.08.2021 BOZA Packet Page 74 of 91
The Request:
• The new deck/balcony will be smaller than the previous one (357 sq ft instead of 456 sq ft)
• The City of Boulder Code BRC 9-7-3(g) allows up to 4' of cantilevered, open and uncovered
balcony to be in the setback area
• The grandfathered, existing (old) deck was 244 sq ft into the setback and 51 sq ft outside of the 4'
setback encroachment
• The new deck (as planned) and will only be 231 sq ft into the setback, including 31 sq ft outside
of the 4' setback encroachment
• The City requires approval from six neighbors for the 31 sq ft (variance to code)
• The diagrams attached illustrate the following (with my color-coded notes):
o V.1: The original (old) deck
o V.2: The proposed deck, including the 31 sq ft that requires a variance, and
o V.3: An overlay of the existing and proposed footprints
This is not a matter over which we wish to create any ill will in the neighborhood. If the neighbors do not
agree that the proposed balcony/deck will look better and therefore benefit all of us, we won't fight
it. Regardless of the shape of the deck, we are looking forward to building a beautiful house and living
here for a long time, and are especially eager to develop and enjoy friendships in the neighborhood.
We met with Mark and Lou today on-site to talk them through the project and address their questions.
We were excited to receive their enthusiastic approval of the variance request. (They said that they had
reviewed the plans with their architect daughter, Hannah, who agreed that this is definitely the best path
forward.) We have initiated email discussions with John/Susan (behind us) and Rick Jay (whom we have
never met), and dropped off a similar package to this with Jeff Williams and Gary/Janet earlier this
evening. Other than Lou and Mark, we haven’t yet connected with any of the other neighbors live, but
would be happy to update you on their thinking if it would be helpful.
We would be very pleased to meet with you to share other details about the project, and answer any
specific questions you may have about the deck or the variance request in particular. Since we are
working from home these days, we are quite flexible to meet with you on-site at a time that is convenient
for you.
Thanks very much for your review and consideration of this request. Please take the time you need. If
you approve, please sign in the space provided on page V.2. We might even be able to convince
Matthew to head up the hill to pick it up!
We look forward to seeing both of you one of these days soon!
Kind regards,
Karen and Giles
kramsey21@gmail.com, 617-733-9735
giles.troughton@hotmail.com, 978-618-0619
12.08.2021 BOZA Packet Page 75 of 91
James & Nancy Cary
860 Circle Drive
Boulder, Colorado 80302
303-440-0498
Board of Zoning Adjustment
City of Boulder
1777 Broadway
Boulder, Colorado 80302
Re: 850 Circle Drive, Boulder, Colorado, 80302, BOZA Variance Application
Dear Members of the Board,
We have enjoyed being in this home and peacefully coexisting with our neighbors since
1991. We, as the closest and most immediately impacted, respectfully submit this letter to voice
our opposition to the variance request for the above referenced property. This proposed
variance was presented to us via email from Karen Ramsey to Nancy, on August 8th, 2021. The
email included a letter (attached) describing the variance and included the statement below,
excerpted from the letter.
“This is not a matter over which we wish to create any ill will in the neighborhood. If the neighbors do not
agree that the proposed balcony/deck will look better and therefore benefit all of us, we won't fight it.”
We informed Ms. Ramsey that we would consult with our architect and get back to her with any
questions.
After having our architect over to review the project and variance request, we soon determined
that unlike the old deck the new deck will be much higher, by approximately 2-feet and much
closer as it immediately boarders our shared property line. It is directly adjacent to the setback,
which has been adjusted to be a 4-foot setback versus the required 10-foot setback by playing
with semantics, calling this section of the contiguous deck, a “balcony” to take advantage of
Section 9-7-3(g) of the Boulder Municipal Code. This portion of the code makes allowances for
balconies, not decks. This manipulation of semantics is both inaccurate and self-serving. The
drawing of the deck is misleading showing the old patio directly on our shared property line,
these are stairs that used to go down to the old driveway, not the previous deck.
It was after consulting with our architect, that we realized the proposed deck will create
significant privacy issues for us, giving views from the new deck directly into our windows. We
knew that these views could mitigated by a robust 50-year-old maple tree. The tree canopy
straddled our shared property line, and its trunk was just inches inside 850’s property. See
attached Site Improvement Survey noting prior location of the tree in orange circle.
12.08.2021 BOZA Packet Page 76 of 91
After this discovery, we informed the Ramsey’s of our concern and asked that they keep this
tree. They offered an impromptu meeting with their landscape architect, we accepted; however,
the architect did not show up. Shortly thereafter, the tree was cut down and it was with this loss
of screening, we determined we were against any variance that would further dimmish our
privacy.
Addressing “THE ASK” in the Variance Application:
The new deck is smaller than the old deck: This is not true as the portion of the deck that the
applicant is calling a balcony needs to be included in the calculation.
Less intrusive into the setback than the old deck: This is not true; the edge of the new deck is
exactly where the old deck was but now it is 2-feet higher and deeper into the setback. The old
stairs did sit partially on our property however, they were behind a 7-foot-high fence.
Landscaped to retain and protect neighbor privacy: The plan that was shared with us indicates a
large bank of windows with views directly into our windows. The applicant shows several
deciduous trees, none of which, will do what a robust 50-year-old maple tree did. It will be many
years for these new trees to provide meaningful screening.
Addressing “THE REQUIREMENTS FOR ALL VARIANCE APPROVALS” in the Variance Application:
Alter the essential character of the neighborhood or district in which the lot is located: This is
not accurate. Several new homes have recently been completed in our neighborhood, one
immediately east of our home and another diagonally across the street. Based upon our
observations of their site work and construction, not one of these properties sacrificed mature
landscape to gain finished square footage. Additionally, there is not one home on our block or
surrounding blocks with a raised deck looming over their neighbors. This new cantilever over the
setback, will now provide for a guard-tower like view, directly into our home and backyard.
Would not substantially or permanently impair the reasonable use and enjoyment or
development of adjacent property: The applicant says that they have spoken to their immediate
neighbors and the response is “overwhelmingly positive”. As noted above, we are the closest
and most immediately impacted and we are opposed to the variance,
This is not a hardship; it is a self-created choice which the applicant made when they purchased
the property. The applicant admits they had full knowledge of the lot’s development potential,
prior to purchasing the home.
During the design process, the applicant was made aware that the added deck or a portion
thereof, would have to be sacrificed in lieu of finished square footage. There are other design
options not requiring a variance.
The issue here is more than a 29 sq ft variance for a patio addition. It is the decision to purchase
a home for future development, knowing zoning limitations exist, then making their own rules to
build a home that does not fit the zoning laws nor the neighborhood character.
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In conclusion we, as the closest and most immediately impacted neighbors, whose privacy has
been the most affected by the applicant’s building envelope being skewed to butt up against our
common property line, feel as if we are having a McMansion being constructed adjacent to our
home. Total building including ADU 4,828 sq.ft. on a 10,941 sq. ft. lot.
We respectfully ask the Board; does the applicant really need an additional 29 sq. ft. for their
deck?
Sincerely,
James & Nancy Cary
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From:Wyler, Robbie
To:Spence, Cindy
Subject:FW: 850 Circle variance
Date:Tuesday, December 7, 2021 1:14:42 PM
Cindy-
Would you kindly add the below email/public comment to BOZ2021-00023. I will forward it to the
board this afternoon.
Thank You!
-Robbie
From: tom kahn <thomaskahn7@hotmail.com>
Sent: Tuesday, December 7, 2021 1:08 PM
To: Wyler, Robbie <WylerR@bouldercolorado.gov>; Karen Ramsey <kramsey21@gmail.com>
Subject: 850 Circle variance
External Sender
I am a 32 year resident of Flatirons Park. I am two houses away from the subject property.
The deck that is the subject of the variance is aesthetically pleasing and extends into the
setbacks much less than the original deck, which was torn down. It should not negatively
affect any neighbors that can actually see it. I have 47 years of Real estate experience and am
a good judge of what adds aesthetic value to a neighborhood. The deck will only add value.
The variance area is orientated to the road which further minimizes the visual impact.
We in Flatirons Park have a built in zoning hardship. Our lots were downzoned from LRE to
ERE, making our lots very small ERE lots but subject to ERE setbacks. Many of the existing
homes were built within LRE setbacks. Hard to navigate additions or re-builds with these
constraints. Couple that with 850's maximum road frontage which makes it even more difficult
to conform.. Hence I think they have done a great job trying to conform with all current
zoning. I am strongly in favor of this variance.
Tom Kahn
47 Years of Real Estate Experience
303-579-4678
Founder/Managing Broker
12.08.2021 BOZA Packet Page 80 of 91
December 7, 2021
Giles Troughton
Karen Ramsey
850 Circle Drive
Boulder CO 80302
Jennifer Lombard, Architect
bldg.collective Architecture + Design
2872 Bluff Street
Boulder, CO 80301
Dear BOZA Board,
The neighbor at 860 Circle Drive has made several incorrect and inaccurate assertions which we would like
to correct. It is important to point out that this entire project (absent the current variance request) has
been designed and permitted per code requirements. The approval by BOZA of the 29 square feet in
question would not impact any of the issues raised by the neighbor which we address below.
Responses to neighbor letter (neighbor quoted in italics, our response in bold):
“After having our architect over to review the project and variance request, we soon determined
that unlike the old deck the new deck will be much higher, by approximately 2-feet”
The new balcony is in fact at the same height as the previous deck. It is level with the interior floor, and
the floor elevation of Level 1 did not change between the existing and new design (Finished floor
elevation = 5652.80’)
“and much closer as it immediately boarders our shared property line.”
The portion of the balcony bordering the side setback is actually further from the shared property line
than the previous deck was located, at 7’(new) versus 5’-6” (previous).
“It is directly adjacent to the setback, which has been adjusted to be a 4-foot setback versus the required 10-
foot setback by playing with semantics, calling this section of the contiguous deck, a “balcony” to take
advantage of Section 9-7-3(g) of the Boulder Municipal Code. This portion of the code makes allowances for
balconies, not decks. This manipulation of semantics is both inaccurate and self-serving.”
The proposed balcony meets all the requirements described for an “uncovered cantilevered balcony” per
the Boulder Municipal code. There is no definition in the code which distinguishes between what may be
called a deck and a balcony.
Additionally, the 10’ side setback has not been ‘adjusted’ to 4’. The code does allow for an encroachment
of 4’ into a setback for this type of balcony, and the currently permitted design is fully allowed under
code. The portion of the balcony for which a variance is being requested faces the street/front property
line, not the shared side property line and therefore would not have a direct impact on this neighbor.
“The drawing of the deck is misleading showing the old patio directly on our shared property line,
these are stairs that used to go down to the old driveway, not the previous deck.”
It is unclear what drawing is being referenced here, but the diagrams submitted to the board are
12.08.2021 BOZA Packet Page 81 of 91
accurate in depicting the extents of the previous elevated wood deck, and did not include the area of the
concrete walk/steps below.
“The new deck is smaller than the old deck: This is not true as the portion of the deck that the
applicant is calling a balcony needs to be included in the calculation.”
The proposed balcony is 358 square feet, including the area of the requested variance (29 sf). The entire
proposed cantilevered balcony is included in this square footage. The previous elevated deck was 494
square feet.
“Less intrusive into the setback than the old deck: This is not true; the edge of the new deck is
exactly where the old deck was but now it is 2-feet higher and deeper into the setback.”
The proposed balcony has significantly less square footage in the setback than the previous deck did.
Although the front edge of the proposed balcony is approximately 6” closer to the front setback than the
previous deck was, the portion of the balcony along the shared property line actually extends
significantly less into the setback and is less close to the property line than the previous deck was. As
outlined above, the proposed balcony is at the same elevation as the previous deck was.
“Landscaped to retain and protect neighbor privacy: The plan that was shared with us indicates a
large bank of windows with views directly into our windows. The applicant shows several
deciduous trees, none of which, will do what a robust 50-year-old maple tree did. It will be many
years for these new trees to provide meaningful screening.”
There is one 30”wide x54” high window and one 36” wide full-light door which face directly towards the
shared property line. During the design process, windows on the wall facing this property line were
intentionally eliminated to avoid privacy issues.
The maple tree was removed for safety and liability reasons. The homeowner has offered repeatedly to
discuss appropriate planting to mitigate any privacy concerns, and that offer still stands. As of the date of
this letter, this neighbor has not engaged with any of these repeated attempts to find a mutually
beneficial solution.
“Alter the essential character of the neighborhood or district in which the lot is located: This is
not accurate. Several new homes have recently been completed in our neighborhood, one
immediately east of our home and another diagonally across the street. Based upon our
observations of their site work and construction, not one of these properties sacrificed mature
landscape to gain finished square footage. Additionally, there is not one home on our block or
surrounding blocks with a raised deck looming over their neighbors. This new cantilever over the
setback, will now provide for a guard-tower like view, directly into our home and backyard.”
The prior home on this site had an existing non-conforming raised deck in approximately the same
location as the currently proposed fully-compliant permitted balcony. The sightlines from the proposed
balcony are not materially different than those from the previous deck. Additionally, the neighboring
homes located at 425 Christmas Tree and 405 Christmas Tree have elevated balconies which overlook the
adjacent properties.
“Would not substantially or permanently impair the reasonable use and enjoyment or
development of adjacent property: The applicant says that they have spoken to their immediate
neighbors and the response is “overwhelmingly positive”. As noted above, we are the closest
and most immediately impacted and we are opposed to the variance,”
12 of 13 contacted neighbors expressed their enthusiastic support for this request.
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While we felt compelled to provide responses to the factual inaccuracies outlined in the letter submitted by
the neighbors at 860 Circle Drive, we want to reiterate that the proposed balcony (exclusive of the 29
square feet requested in this application) is fully permitted by code. None of the issues raised above have
any bearing on the variance, and would not be materially affected by the approval of this request.
Respectfully submitted,
Giles Troughton
Karen Ramsey
Jennifer Lombard
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CITY OF BOULDER
BOARD OF ZONING ADJUSTMENT
ACTION MINUTES
October 14, 2021, 5 p.m.
Virtual Meeting
Board Members Present: Jill Lester (Chair), Jack Rudd, Michael Hirsch,
Nikki McCord, Marine Siohan
Board Members Absent: None
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 5:05 p.m.
2. BOARD HEARINGS:
A. Docket No.: BOZ2021-00013
Address: 1722 Pine Street
Applicant: Drew Barry Eisenberg & Amy Baldor Eisenberg
Setback Variance: This is a returning continuance item from the August 12 BOZA
meeting. 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 7 feet (taken from the addition) where 11.1 feet is required and 5.4 feet
exists today. The resulting west setback will be approximately 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.
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 homeowners, and David Biek, the architect with Arcadea
Architecture, presented the item to the board.
12.08.2021 BOZA Packet Page 84 of 91
Board Questions:
Drew Eisenberg and David Biek, representing the applicant, answered questions from the
board.
Public Hearing:
Cara Luneau spoke in opposition of the project.
Applicant Rebuttal:
Drew Eisenberg and David Biek addressed some of the questions and concerns brought up
during public comments.
Board Discussion:
• N. McCord said that she was leaning toward approval of the variance. She was
impressed by the amount of effort that went into listening to the concerns from the
previous BOZA meeting and making compromises. She said she would be in support.
• M. Siohan said she was impressed with the efforts by the applicants to meet their
neighbors, explain their project, and how it would impact them. She said she would also
be in favor of this project.
• J. Rudd went through the variance criteria. He said there were unusual physical
circumstances or conditions including narrowness and shallowness of the lots. He paired
those with staff’s comments regarding the built environment, existing zoning and difficult
slopes. He said the existing physical conditions are normal for the neighborhood and this
project reflects that. He was impressed with the applicants meeting other neighbors’
desires. He added that each response appeared well thought out, the impacts were
considered and the plans were being done for specific reasons. He said the proposal
would not be an unreasonable request and he was leaning toward an approval.
• M. Hirsch thanked the applicants for listening to their neighbors and making efforts to
meet their needs. He said he would be leaning toward approval with reservations.
• J. Lester appreciated the applicants’ mockup of the by-right solution. She said the
compromised solution was a reasonable place to land. She sympathized with the
neighboring one-story bungalow. The applicant had done their best to meet those needs.
Motion:
On a motion by J. Rudd, seconded by M. Siohan, the Board of Zoning Adjustment
approved 5-0 the application (Docket BOZ2021-00013) as submitted.
B. Docket No.: BOZ2021-00014
Address: 406 Pearl Street
Applicant: Diana and Andrew Fordyce
Setback Variance: As part of a proposal to move an historic barn structure entirely onto
the property and out of the City right-of-way, the applicants are requesting a variance to
the west side-adjacent-to-street yard setback (along 4th Street) in order to meet the
minimum setback requirements for an accessory structure in the RMX-1 zoning district.
The resulting west setback will be approximately .1 feet where 12.5 feet is required and 0
12.08.2021 BOZA Packet Page 85 of 91
feet exists today considering the structure is currently located off the property by about 2
feet. 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:
Andrew Fordyce, the homeowner, and Samuel Austin, the architect, presented the item to
the board.
Board Questions:
Andrew Fordyce and Samuel Austin, representing the applicant, answered questions from
the board.
Public Hearing:
David Kircos spoke in support of the project.
Board Discussion:
• M. Hirsch said this was a great project and would support it.
Motion:
On a motion by J. Rudd, seconded by M. Siohan, the Board of Zoning Adjustment
approved 5-0 the application (Docket BOZ2021-00014) as submitted.
3. GENERAL DISCUSSION:
A. Approval of Minutes
On a motion by M. Hirsch, seconded by J. Rudd, the Board of Zoning Adjustments
voted 5-0 to approve the September 9, 2021 BOZA minutes.
B. Matters from the Board
• J. Lester discussed the upcoming 2022 Letter to City Council. The board decided to
appoint a subcommittee consisting of J. Rudd and N. McCord to compile ideas for
the Letter to Council. Board members will send thoughts to C. Spence to forward to
the subcommittee by November 11, 2021.
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.
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4. ADJOURNMENT:
There being no further business to come before the board at this time, BY MOTION
REGULARLY ADOPTED, THE MEETING WAS ADJOURNED AT 6:50 P.M
APPROVED BY
_________________________________
Board Chair
_________________________________
DATE
12.08.2021 BOZA Packet Page 87 of 91
MEMORANDUM - DRAFT 1 - 09NOV21
Re: BOZA Response to 2022 City Council Work Plan Directive
To: Cindy Spence, City of Boulder
Date: NOV 9 2021
By: Nikki McCord, Jack Rudd
cc:
Nikki McCord and I, acting as a subcommittee, have discussed and developed responses to the
BOZA 2022 City Council directive re: boards and commissions input to the Council work plan.
We see three distinct optional BOZA responses/directions to the City Council directive around
Work Plan suggestions. These options are noted below. We feel the full BOZA board needs to be
involved in the review and selection of the appropriate response. We see this as a process of
reviewing the options with a subsequent board vote determining the board's response.
The Options include:
OPTION ONE - Do Not Provide Suggestions or Responses
○ The wording in the directive clearly states that responses and Work Plan
suggestions are not required. The wording includes the phrase:
“ So, it is perfectly fine for a board or commission to indicate that they have no
suggestions for possible additions to the work”
○ The directive stops short of stating that suggestions will not be considered but
notes that it is “perfectly fine” to opt-out of providing a suggestion
OPTION TWO - Provide Only One Suggestion
○ The wording in the directive describes crafting an abbreviated suggestion around the
issue with the highest priority: “ But if a board or commission wishes to suggest an
additional item (one only, please)… We recognize it may be difficult to choose only one
item, but this will ensure the council clearly understands your highest priority given
resource constraints.”
○ This option allows for a more detailed submittal to the Council. But limits the scope and
range of BOZA input to a single issue.
12.08.2021 BOZA Packet Page 88 of 91
○ The subcommittee has selected the issues around Development on Non-Conforming
Residential Lots as an item worthy of inclusion of the Council Workplan. Please see
below for the draft text for this suggestion.
○ If BOZA members do not agree with the subcommittee’s topic selection we will need to
work quickly to redefine the direction.
● OPTION THREE - Workplan Discussion at a Later Date
○ This directive leaves space for discussion re: Boards’ concerns at a later date and,
importantly, after the Workplan has been adopted.
○ Essentially this optional directive provides a way for boards to have direct
conversations around elements of the workplan but does not allow for direct
involvement in the process.
○ The directive language is succinct:...” we welcome the opportunity to discuss
with you how that workplan relates to the work that your board or commission
is doing, and vice versa. After the January retreat, we will communicate out
about those interactions…”
12.08.2021 BOZA Packet Page 89 of 91
DRAFT 11/09/21
Board of Zoning Adjustments
City of Boulder Colorado
December 15 2021
Mayor Weaver
Members of the Boulder City Council
P.O. Box 791
Boulder, CO 80306
Dear Mayor and Members of Boulder City Council,
The Board of Zoning Adjustment members appreciates your dedication, hard work, focus, and goodwill. We are
thankful for the opportunity to serve our community through BOZA. BOZA has thoughtfully considered your
request for limited input as you establish next year’s work plan goals. We would like to bring your attention and
awareness to one trend we are seeing with respect to variance requests:
Re: Development on Non-Conforming Residential Lots
It is not unusual to find non-conforming residential building lots and residences scattered within the fabric of
older Boulder neighborhoods. These lots were defined in earlier times and, in some cases, were defined prior to
current zoning criteria.
As Boulder evolves, we are seeing a trend of new owners purchasing non-conforming properties with the intent of
expanding, remodeling, and improving the original structures. Many times these improvements require allowing a
Request for Variance through the BOZA process. Variance requests may include approval of non-standard
setbacks, building heights, density, mass, bulk, floor area, solar access, and parking. These types of variance
requests are complex. Neighbors can be unduly impacted by the approved structures.
Again, this is a trend we are bringing attention to. We feel solutions to these issues are adhoc and do not reflect a
broader range of goals We appreciate the opportunity to share our Board’s perspective. BOZA sees, first-hand,
obstacles owners face when applying new and old processes and regulations. We hope Council takes our concerns
into consideration and we are prepared to discuss any of the above items in more detail upon request.
Sincerely,
Jill Lester,
Chair, Board of Zoning Adjustments
On behalf of board members:
Michael Hirsch
12.08.2021 BOZA Packet Page 90 of 91
Nikki McCord
Marine Siohan
12.08.2021 BOZA Packet Page 91 of 91