10.14.21 BOZA MinutesCITY 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.
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 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.
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
_______12/09/2021_________________
DATE