12.09.21 BOZA MinutesCITY OF BOULDER
BOARD OF ZONING ADJUSTMENT
ACTION MINUTES
December 9, 2021, 5 p.m.
Virtual Meeting
Board Members Present: Jack Rudd (Acting Chair), Michael Hirsch,
Nikki McCord, Marine Siohan
Board Members Absent: Jill Lester
City Attorney Representing Board: Erin Poe
Staff Members Present: Robbie Wyler, Cindy Spence
1. CALL TO ORDER:
J. Rudd called the meeting to order at 5:06 p.m.
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.
On a motion by M. Hirsch, seconded by J. Rudd, the Board of Zoning Adjustment finds 4-0 (J.
Lester absent) that the defect in notice as described by staff did not impair surrounding property
owners’ ability to participate in the review process.
Staff Presentation:
R. Wyler presented the item to the board.
Board Questions:
R. Wyler answered questions from the board.
Applicant’s Presentation:
Elizabeth Smith, with Fanas Architecture, presented the item to the board.
Board Questions:
Elizabeth Smith, representing the applicant, answered questions from the board.
Public Hearing:
No one from the public addressed the board.
Board Discussion:
• M. Hirsch said the owners’ lot was a difficult one between the setbacks, less than ninety-
degree corners and the solar setback, however their request was reasonable. He would be
in favor of the proposal moving forward.
• J. Rudd agreed. He would be in support.
Motion:
On a motion by M. Hirsch, seconded by M. Siohan, the Board of Zoning Adjustment
approved 4-0 (J. Lester absent) the application (Docket BOZ2021-00020) as submitted.
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.
Staff Presentation:
R. Wyler presented the item to the board.
Board Questions:
R. Wyler answered questions from the board.
Applicant’s Presentation:
Tiffany Minshaw, with Bella Design Studio, presented the item to the board.
Board Questions:
Tiffany Minshaw, representing the applicant, answered questions from the board.
Public Hearing:
No one from the public addressed the board.
Board Discussion:
• J. Rudd said this proposal would have a minimal impact and he would want to support it.
There would be virtually no impact on the neighbors, the street and or the neighborhood.
• M. Hirsch agreed. The request was modest. The impact was approved by BOZABA in a
previous review. He would have no issue with this application.
Motion:
On a motion by N. McCord, seconded by M. Siohan, the Board of Zoning Adjustment
approved 4-0 (M. Hirsch absent) the application (Docket BOZ2021-00021) as submitted.
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.
Staff Presentation:
R. Wyler presented the item to the board.
Board Questions:
R. Wyler answered questions from the board.
Applicant’s Presentation:
Karen Ramsey, the owner, presented the item to the board.
Board Questions:
Chris Gray, with Building Collective, representing the applicant, answered questions from
the board.
Public Hearing:
1. James Cary spoke in opposition of the project.
Applicant Rebuttal
Karen Ramsey and Chris Gray addressed some of the questions and concerns brought up
during public comments.
Board Discussion:
• J. Rudd said that initially there was not a problem or hardship on the property, but a
problem was created by a desire to improve the aesthetics. BOZA does not act as an
aesthetic arbitrator and aesthetics do not enter into their reviews. Generally, in BOZA, the
applicants usually have a solution that tend to reflect a lot of the requirements, but he did
not see one here that would be BOZA related.
• M. Siohan said she was not convinced there was a hardship. She did not see how it
would make a big difference and how the applicants cannot have the by-right deck. She
was not convinced.
• M. Hirsch said it would appear as if this were a self-created hardship. The request was
not critical to the functionality or aesthetics of the project. He said there were many use-
by-right solutions that could be exercised. He did not believe he would be voting in favor.
• N. McCord drew attention to 9-2-5(c). She was not convinced this project was meeting
this requirement and would not be in support of approval.
• J. Rudd agreed with M. Hirsch. The new design brought the problems but did not solve
the issue. He would not be in approval.
• E. Poe explained the continuation process for the applicants.
Motion:
On a motion by M. Hirsch, seconded by M. Siohan, the Board of Zoning Adjustment voted
4-0 (J. Lester absent) to continue docket no. BOZ2021-00023 for ninety (90) days.
3. GENERAL DISCUSSION:
A. Approval of Minutes
On a motion by N. McCord, seconded by M. Siohan, the Board of Zoning Adjustments
voted 4-0 (J. Lester absent) to approve the October 14, 2021 BOZA minutes.
B. Matters from the Board
1. Letter to Council
• The board discussed the upcoming 2022 Letter to City Council.
• The board finalized the Letter to City Council.
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 7:05 P.M
APPROVED BY
Board Chair
_____01/13/2022___________________
DATE