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06.13.23 BOZA PacketCITY OF BOULDER BOARD OF ZONING ADJUSTMENT MEETING AGENDA DATE: Tuesday, June 13th, 2023 TIME: Meeting to begin at 4 p.m. PLACE: Virtual Meeting 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. APPROVAL OF MINUTES A. The April 11, 2023 BOZA minutes are set for approval. 3. BOARD HEARINGS A. Docket No.: BOZ2023-00004 Address: 1951 Alpine Avenue Applicant: Kyle Akin & Amanda McKeon Setback Variance: (Returning Item Issued a Continuance at the April 11 BOZA Meeting) As part of a proposal to recognize and permit an approximately 72 square foot detached sauna structure within the property’s front (south) yard, the applicants are requesting a variance to the front yard landscape setback standards for accessory structures in the RL-1 zoning district. The resulting front yard setback will be approximately 3.5 feet where 55 feet is required and 3.5 feet exists today. Section of the Land Use Code to be modified: Section 9-7-1, BRC 1981. B. Docket No.: BOZ2023-00001 Address: 745 35th Street Applicant: Julie Pellerin Parking in the Front Yard Setback Variance: As part of a proposal to relocate a single off-street parking space onto an existing driveway with access off 35th Street, the applicant is requesting a variance to the front yard landscape setback standards for conforming parking in the RL-1 zoning district. The subject 9-foot wide by 19-foot deep parking space will be located approximately 8 feet from the front/east property line where 25 feet is required and no conforming or recognized parking exists at this location today. Section of the Land Use Code to be modified: Section 9-7-1, BRC 1981. 4. GENERAL DISCUSSION A. Matters from the Board B. Matters from the City Attorney C. Matters from Planning and Development Services i. Update from P&DS staff regarding forthcoming ordinance changes for ADU’s and the impacts to BOZA A. ADJOURNMENT For more information call Robbie Wyler (wylerr@bouldercolorado.gov), Brian Holmes (holmesb@bouldercolorado.gov) or Devin Saunders (saundersd@bouldercolorado.gov). Board packets are available after 4 p.m. Friday prior to the meeting, online at www.bouldercolorado.gov. * * * SEE REVERSED SIDE FOR MEETING GUIDELINES * * * CITY OF BOULDER BOARD OF ZONING ADJUSTMENT MEETING 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. CITY OF BOULDER BOARD OF ZONING ADJUSTMENT ACTION MINUTES April 11, 2023 Virtual Board Members Present: Jill Lester, Katie Crane, Nikki McCord, Marine Siohan, Drew Eisenberg Board Members Absent: City Attorney Representing Board: Erin Poe Staff Members Present: Robbie Wyler, Devin Saunders 1. CALL TO ORDER: Interim J. Lester called the meeting to order at 4:03 p.m. 2. BOARD HEARINGS: A. Docket No.: BOZ2023-00004 Address: 1951 Alpine Avenue Applicant: Kyle Akin & Amanda McKeon Setback Variance: As part of a proposal to recognize and permit an approximately 72 square foot detached sauna structure within the property’s front (south) yard, the applicants are requesting a variance to the front yard landscape setback standards for accessory structures in the RL-1 zoning district. The resulting front yard setback will be approximately 3.5 feet where 55 feet is required, and 3.5 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: R. Beegles & K. Akin presented the item to the board. Public Hearing: No one from the public addressed the board. Board Discussion: N. McCord noted that the order of operation for this application permit could have been better and struggled with this variance. She noted that criteria H1C is her main point for not supporting this variance. K. Crane offered that she is in favor of approving this variance and she believes this is a reasonable ask. M. Siohan noted leaning toward N. McCord’s position and felt that the criteria H1C is not met. D. Eisenberg referred to criteria 1C and asked for clarification on the reasonable development aspect of the criteria. He noted that a lesser variance may be possible and addressed concerns on how this will impact the character of the area. He also noted that he feels the topography could be developed. J. Lester noted that she is familiar with this site, and it is a very difficult site. She also noted that this is a sincere error and that the shed code can be confusing. She also noted that due to the typography of this site, she believes this does meet the threshold for reasonable accommodation. On a motion by N. McCord and seconded by M. Siohan, the Board of Zoning Adjustment voted 5-0 to issue a continuance on this item for 6 months from this meeting date. 3. GENERAL DISCUSSION: A. Approval of Minutes On a motion by K. Crane and seconded by N. McCord, the Board of Zoning Adjustments voted 3-0 (M. Siohan & D. Eisenberg abstain) to approve the March 14, 2023 BOZA minutes. B. Matters from the Board On a motion by K. Crane and seconded by M. Siohan, the Board of Zoning Adjustment voted 5-0 to nominate and elect J. Lester to the Chair position for 2023. On a motion by K. Crane and seconded by M. Siohan, the Board of Zoning Adjustment voted 5-0 to nominate and elect N. McCord to the Vice-Chair position for 2024. C. Matters from the City Attorney There were no matters from the City Attorney. D. Matters from 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 5:39 P.M APPROVED BY Board Chair DATE Revised September 2022 400.pdf City of Boulder Planning and Development Services 1739 Broadway, Third Floor • PO Box 791 • Boulder, CO 80306 Phone: 303-441-1880 • Web: boulderplandevelop.net BOARD OF ZONING ADJUSTMENT (BOZA) VARIANCE APPLICATION APPLICATION DEADLINE IS THE SECOND MONDAY OF EACH MONTH. MEETING DATE IS 4:00 P.M. ON THE SECOND TUESDAY 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 floor area existing:*Total floor area proposed: *Total building coverage existing:*Total 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: 1951 Alpine Avenue Boulder, CO 5 2 Hillcrest 6417.7 SF Single Family Residence We are requesting a variance to the accesory building setback as listed in BRC 9-7-2 Setback Standards for accessory buildings for a new 6.5'x11' structure. to be placed in the front yard setback. 2234 2304 2325 2409 9' for new structure28' Kyle Akin and Amanda McKeon 1951 Alpine Avenue Amanda's cell 603-817-2888 Boulder CO 80304 kyleakin@gmail.com Ransom Beegles, R Design Landscape Architecture 1200 Bannock St.970-402-9912 Denver CO 80204 ransomb@rdesignstudios.com 2 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) ❑Fence and Wall Variance (BRC 9-9-15) X 3 APPLICATION REQUIREMENTS All variance applications are electronic submittal and review. Visit the Planning & Development Services Online Center for additional information & guidance on the application process and how to apply. As a minimum, the following items MUST ultimately be provided for an application to be considered complete: •A completed and signed BOZA Application Form; •If applicant is other than owner(s), a written consent of the owner(s) of the property for which the variance is requested; •A detailed written statement thoroughly describing the variance request(s) and addressing all pertinent review criteria for approval - see following pages; •A signed and stamped Improvement Location Certificate or Site Improvement Survey and legal description by a registered surveyor; •A site development plan including setbacks, building elevations, interior layout/floor plans and any other pertinent exhibits; •A demolition plan clearly differentiating between existing/remaining and proposed portions of the structure(s); •Any other information pertinent to the variance request (e.g. neighbor letters, photos, historic records/approvals, renderings, etc.); •Sign Posting Acknowledgement Form - see following page. NOTE: The applicant is responsible for posting the property in compliance with city requirements. Obtaining sign(s) will be messaged to an applicant once it has been placed on an agenda. 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. •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__________ March 13, 2023 Kyle Akin, Owner 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. Kyle Akin 1951 Alpine Avenue Boulder, CO 80304 March 13, 2023 1951 ALPINE 303.600.8795 www.rdesignstudios.com Denver, CO 1200 Bannock St. Millbrook, NY 46 Front StreetDESIGN BOARD OF ZONING ADJUSTMENT VARIANCE APPLICATION -PROJECT DESCRIPTION Dear Board of Zoning Adjustments Thank you for considering our project for a zoning variance for the accesory structure setback requirements. Our project is located at 1951 Alpine Avenue in Boulder, CO which is a single family residential property with an existing residence. As part of the landscape renovation which includes new retaining walls, fences, steps, plantings and irriga- tion, the owners have purchased a pre-manufactured sauna. This structure is 6.5’x 11’ x9’ tall and is constructed of high quality construction materials. Due to the unusual nature of this site, which has a large front yard that faces both Alpine Avenue to the south and Tyler Road to the north, the accesory structure setbacks limit the locations this element can be placed. Aside from the challenges with the geometry, the site is faced with extreme grading conditions particularly on the northeast side or rear yard which is one of the only locations within the accesory structure setbacks. The grading of the rear yard is not only extreme but re-grading could compromise the stabalization of the adjacent lot which sits higher in elevation than 1951 Alpine Avenue. We have submitted and been approved a retaining wall plan to provide a flat space for a usable yard south of the existing residence which is the most suitable location for the sauna structure to be placed. Due to these existing conditions, the owners at 1951 Alpine are faced with a challenging lot which has very limited flat, buildable areas located on the south side of the property. This is the reason for the location we are proposing the ac- cesory building, on the southeast corner of the existing residence. We feel this is apropriate due to the hardship of the site and have developed a landscape plan which incorporates the structure in a thoughtful manner that is respectful to the neighborhood. This structure is crafted of quality construction materials and architecturally compliments the house. It will also be set within a new fenced-in flat lawn area and hidden to the east through fencing and vegetation. Several neighbors have seen the plans and structure and have expressed their support of the design in written letters which have been submitted with this package. In order to ensure this design is an asset for the neighborhood, the landscape plan which includes retaining walls, fences, steps and new plantings will enhance the entire corner increasing curb appeal while complementing both the sauna structure and existing residence. In accordance with the BOZA variance criteria we feel this proposal satisfies all of the criteria. Below we have listed these in detail: (1) Physical Conditions or disability: (A) (i) There is unusual physical circumstances or conditions including, without limitation, irregularity, narrowness, shallow- ness of the lot, or exceptional physical conditions peculiar to the physical property. Response: There are numerous physical conditions which are uniqure to this property which warrant the request for this front yard setback variance. We have provided a series of diagrams which illustrate these conditions. These include, the setbacks and easements, existing topography, existing retaining structures, existing neighboring deck and easement, inaccesability for equipment along the east and northwest sides and negative impact a structure in this location will have on all neighboring lots. Each of these conditions is described in detail to follow: First, The unusual shape of the property and placement of the existing residence compresses the back yard to a small triangular shape. There are side yard setbacks on two sides of 3’ and a 10’ utility easement which runs along the northwest property line which futher compress the buildable area to a small space in which the proposed accesory building could not be placed with- out violation of the structure offsets of 6’. These factors alone would be constraining enough to warrant a variance if this were a flat site, which it is not. Second, the grade itself on 1951 Alpine avenue slopes between 10-14 feet from the house to the property line which is between 22 feet and 26 feet away from the residence. Re-grading this area, if it were possible, would result in slopes that are steeper than is allowed in the City of Boulder. There are several existing timber retaining walls which sit directly in the location any structure could be placed outside of the front yard setback. The existing retaining walls are critical to the stabalization of the grade for 3 neighboring residences and span across property lines to the proerties east and northwest of 1951 Alpine. Date: TO: RE: May 8, 2023 City of Boulder Planning and Development, Board of Zoning Adjustment Proposed Accesory Building 1951 Alpine Ave. in Boulder, CO. 1951 ALPINE 303.600.8795 www.rdesignstudios.com Denver, CO 1200 Bannock St. Millbrook, NY 46 Front StreetDESIGN BOARD OF ZONING ADJUSTMENT VARIANCE APPLICATION -PROJECT DESCRIPTION Removing or reconstructing these retaining walls would cause a disturbance that would impact the slope stabilitzation of each of these properties and compromise the integrity of the walls which run to the northest and east, crossing property lines and stabalizing grades for 1965 Alpine, 1941 Tyler and 1975 Balsam Avenue. Third, access to the northeast part of the site is exteremly challenging by foot and nearly impossible with any equipment. Along the east property there is an existng easement which extends 5’ into the property and the neighboring owner has constructed a deck which provides access to the 1965 Alpine residence. This easement, the narrow space between the east property line and existing residence, the existing structure supporting the deck and grade along east side make access nearly impossible without removing the structures which sit in the easement that the 1965 Alpine owner uses for access. The west property line has significant grading challenges including a 9’ slope in 8’ which is held back by existing timber retain- ing walls which extend across the property line into the property at 1941 Tyler avenue. Regrading to allow access along the west properrty line is impossible without impacting the the slope on 1941 Tyler Avenue which sits 25 feet below 1965 Alpine. Even if re-graded, access would still not be possible for any equiment with the resulting grades. Fourth the neighbor to the east at 1965 Alpine Avenue has written support of the variance request as it places the accesory building in a low impact location. If the accesory building were proposed in the northeast corner of 1951 Alpine, it would sit directly in the sight lines to the west which would cause significant impact and, we have confirmed, would not be supported by the neighbor. This location would be in the direct sight lines of both neighbors to the east. (B)The unusual circumstances or conditions do not exist throughout the neighborhood or zoning district in which the property is located, and (see response to item C) Response:This site is unique to both the neighborhood and zoning district in that it is a corner lot with a geometric alignment of the property lines which compresses what would appear to be the rear yard, has very shallow side yards and the front yard requires front yard setbacks on both the south and west sides because the lot is bordered by Alpine Avenue to the south and Tyler Road to the west. When offseting the front yard property line by 12.5’, side yards by 5’ to the southeast and 10’ to the northwest and 3’ from the smaller rear property line there are no remaining areas in which an accesory structure of this size (the size considered acceptable as a shed (6.5’x11’) can be placed and still conform with the offsets from the main residence. This is unique to the neighborhood as few sites of this size have the unique character of bordering two streets and having such a small size for the rear yard. The grading of this site is also unique to the neighborhood in that the rear yard has significant slopes but is also retaining the grade for the adjacent properties which side higher in elevation. There are no other lots within the neighboor- hood which feature both of these constraining factors. C) Because of such physical circumstances or conditions the property cannot be reasonably be developed in conform- ity with the provisions of this chaper and (see response D): Response: There is no location on the 1951 Alpine Avenue site that can be developed with an accesory structure by-right, without a variance. There is only a small area which can even be developed without a variance from the Front Yard Accesory Structure Setback and the process with which to develope this area is not reasonable due to the existing physical and legal constraints listed in the response to (1) (A)(i). Knowing that any location on the site will require a variance we are proposing a location for the accesory building that has the least impact to the site, immediate neighbor and the neighborhood. The existing residence, which was constructed well before it was purchased by the homeowners, is placed on the site in a location in which the remaining rear yard is not large enough for this structure to be located within it while conforming to the accesory structure offsets from main residence. The side yards are both narrow and inaccesible with any kind of equipment and the front yard wraps two sides of the residence, limiting the constructable area in the rear yard due to the uniquely large front yard setback. The topography, setbacks, easements and existing structure in the rear yard location do not allow for the construction of a structure witout requiring the removal of retaining walls which will compromise the stabalization of the residences adjacent to the site, add significant scarring of the land to construct footings and require the removal of existing retaining structures which will create unstable sloping conditions on the neighboring lots, in particular 1941 Tyler Rd. The residence east of 1941 Tyler Road sits 25’ below the site of 1965 Alpine and the slope between the two sites is being retained by walls at 1951 Alpine Ave running west between the two sites. Date: TO: RE: March 19, 2023 City of Boulder Planning and Development, Board of Zoning Adjustment Proposed Accesory Building at 1951 Alpine Ave. in Boulder, CO. 1951 ALPINE 303.600.8795 www.rdesignstudios.com Denver, CO 1200 Bannock St. Millbrook, NY 46 Front StreetDESIGN BOARD OF ZONING ADJUSTMENT VARIANCE APPLICATION -PROJECT DESCRIPTION Removing any part of these walls could pose hazard by risking the slope stabilization above the 1941 Tyler Rd. residence. When we spoke to the project structural engineer about this area his opinion was “It can be difficult to modify portions of exist- ing timber walls (guessing that’s what’s there based on the rest of the site), and I could see a scenario where a large percentage of the existing wall would need to be removed. Additionally, constructing new walls there would likely result in the need to ex- cavate a fairly large area for construction, extending back into the neighbor’s property. Not really knowing what the neighbor’s structural systems are (in particular their foundation) I would be really hesitant to go anywhere near those.” D) Any unneccesary hardship has not been created by the applicant. Response: The existing conditions of this site were the conditions in place when the current owners purchased the property. The property lines , setbacaks and unusual easements cause the constraints with accesory structure placement and the topography is in the condition of the site as it was purchased. The hardships were created from conditions that were established long before the homeowners purchased this property and the only modifications they have made are currently being constructed to help retain the slopes and improve the stabalization of the site. The homeowners are exercising their right to have an accesory building on the property. They are proposing a structure which is within an allowable SF and does not exceed any building coverage, size limitations or solar fence impacts on the neighboring lots. The by-right location is constrained by multiple mitigating factors including the setbacks and easements which do not allow a structure to be constructed without a variance request. Beyond this, any location not in the front yard setback has a far greater impact on the neighboring homes, greater environmental impact and significantly impacts many other properties. The proposed location and variance request was done in an effort to limit the hardships of the site. In addition, as a good faith effort, the owners are making a large investment in the beautification of the landsacpe in the front of the house by replacing aged retaining walls and walkways with new masonry walls placed to preserve the existing trees, vegetation, fencing and walkways and patios which will be a benefit to both the architecture and the neighborhood. The proposed location of the structure will have the least amount of impact to the grading and drainage and, combined with the new landscape which is unders construction, will actually improve the setting and condition of the existing sites grading, drainage and richness of the public-facing facade of the project. REQUIREMENTS FOR ALL VARIANCE APPROVALS: (5) (A) Would not alter the essential character of the neighborhood or district in which the lot is located. Response: The current neighborhood features an eclectic range of architectural styles and scale ranging from traditional design materials such as masonry and wood to stucco and glass modern homes. Many of the more attractive landscape materials in the neighborhood, which are an integral part of the streetscape experience, include wood fences, steel planters and perenni- als and grasses. All of these materials will be installed at 1951 Alpine Avenue as a part of the landscape renovation currently under construction. Traveling west along Alpine Avenue many of the sites have detached garages which face Alpine Avenue adding a smaller scale structure to the neighborhood experience. The proposed accesory structure, will be largely concealed behind a new fence and plantings but when viewed will harmonize with the home’s color and is constructed of high qualityma- terials which will enhance the texture of the streetscape. Placing the structure outside of the front yard setback would significantly alter the neighborhood’s character. The building would be placed directly in the sightlines of the neighboring residences, would sit much higher in elevation and require distur- bances that would impact existing structures and slopes on all of the neighboring properties. (B) Would not substantially or permanently repair the reasonable use and enjoyment of the development of adjacent property Response: The homeowners at 1951 Alpine have spoken with the neighbors who are within the closests proximity of the loca- tion of the sauna structure for which the variance is being requested (The neighbors to the east and northwest,1965 Alpine and 1941 Tyler Rd, and two neighbors to the south,1996 Alpine Avenue and 2001 Mesa Drive). These neighbors have reviewed the proposed variance and design and will provide written documentation supporting the variance. The structure itself is only 9 feet tall and will be concealedbehind a 6’ fence. The neighboring property to the east is the only property directly adjacent to the proposed structure and is currently concealed from it by a large existing Pine tree. The structure itself because of its location will also have no impact on the solar of any of the adjacent neighbors. The neighbor to the east 1965 Alpine Avenue would be significantly impacted by the site if it were placed in the rear yard. Date: TO: RE: March 19, 2023 City of Boulder Planning and Development, Board of Zoning Adjustment Proposed Accessory Building at 1951 Alpine Ave. in Boulder, CO. 1951 ALPINE 303.600.8795 www.rdesignstudios.com Denver, CO 1200 Bannock St. Millbrook, NY 46 Front StreetDESIGN BOARD OF ZONING ADJUSTMENT VARIANCE APPLICATION -PROJECT DESCRIPTION (C) Would be the minimum variance that would afford relief and would be the least modification of the applicable provisions of this title. Response: The design team considered all of the possible locations for the proposed accesory building and every possible location would require a variance due to the unique constraints of the site. The location to the northeast of the house, the “Rear Yard” will require multiple variances due to the minimal space from the house to the accesory structure setback which is compressed by existing easments. In order to access this location, the homeowners would be required to request the removal of the deck on the 1965 Alpine Avenue property which encroaches, via easment into 1951 Alpine. This process is even more significant and impactful than a variance. The grading as well would require extensive retaining walls and without terracing would require variances to retain the height needed in order to create a surface large enough for any structure, as the setbacks required between walls is not acheivable with the utility setback from the northeast lot line. The proposed location is the most logical placement on this site and requires the least modification of the applicable provi- sions as we are asking for an exemption from the front yard accesory structure setback only and have provided additional screening and design elements which will express the intent of the front yard setback by screening the accesory structure from the sidewalk level and providing a “setting” for the structure which gives it intention. This location also requires the least use of resources, regrading and retaining. The proposed location will also create the lowest impact on all of the adjacent neighbors which is evident in the support the owners have received in this variance application. D) Would not conflict with the provisions of Section 9-9-17, Solar Access B.R.C. 1981 Response: Within section 9-9-17 of the B.R.C. this lot is considered located in SA Area I (the site is zoning district RL-1) and “No person shall erect an object or structure on any other lot that would shade a protected lot in SA Area I to a greater degree than the lot would be shaded by a solar fence twelve feet in height, between two hours before and two hours after local solar noon on a clear winter solstice day” In the solar access worksheet it states “If the proposed construction consists exclusively of building elements that are shorter than the solar fence in Question, no solar analysis is required. Our Zone district is protected by a12’ solar fence and our structure is 9’ in height so we are below the required height required for a solar analysis. Please see the attached plans and diagrams which illlustrate the information on the existing site conditions, the accesory building and depict the landscape renovation which has been permitted and is currently under consttuction. We look forward to reviewing this with you and providing any additional information you may request. Best regards, Ransom Beegles, Principal R Design Landscape Architecture Inc. Representing Kyle Akin and Amanda McKeon, homeowners 1951 Alpine Avenue, Boulder, CO. Date: TO: RE: March 19, 2023 City of Boulder Planning and Development, Board of Zoning Adjustment Proposed Accessory Building at 1951 Alpine Ave. in Boulder, CO. 303.600.8795 www.rdesignstudios.com Denver, CO 1200 Bannock St. Millbrook, NY 46 Front Street landscape architecture + planning + urban design DESIGN BOZA VARIANCE REQUEST PRESENTATION BOZA VARIANCE REQUEST PRESENTATION 1951 ALPINE AVE N 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION SITE PLAN NEIGHBORING ARCHITECTURE EXISTING RESIDENCE PROPOSED ACCESSORY STRUCTURE 1941 TYLER RD 1965 ALPINE AVE 1975 BALSAM AVE BOZA VARIANCE REQUEST PRESENTATION BOZA VARIANCE REQUEST PRESENTATION EXISTING SITE CONSTRAINTS 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION PROPERTY EXISTING RESIDENCE TOTAL PROPERTY: EXISTING RESIDENCE: REMAINING DEVELOPABLE: 6,473 SF 2,520 SF 3,953 SF 1941 TYLER RD 1965 ALPINE AVE 1975 BALSAM AVE 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION SETBACKS 0-3’ REAR SETBACK 0-3’ SIDE SETBACK 55’ FRONT SETBACK 0-3’ SIDE SETBACK TOTAL PROPERTY: EXISTING RESIDENCE: SETBACKS: REMAINING DEVELOPABLE: 9-7-1. - SCHEDULE OF FORM AND BULK STANDARDS TABLE 7-1: FORM AND BULK STANDARDS SETBACK AND SEPARATION REQUIREMENTS: ACCESSORY BUILDINGS AND USES RL-1 MINIMUM FRONT YARD SETBACK USES : 55’ RL-1 MINIMUM SIDE YARD SETBACK FROM AN INTERIOR LOT LINE: 0’ OR 3’ RL-1 MINIMUM REAR YARD SETBACK: 0’ OR 3’ 6,473 SF 2,520 SF 3,261 SF 692 SF 1941 TYLER RD 1965 ALPINE AVE 1975 BALSAM AVE 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION EASEMENTS N.B. ENCROACHMENTS & ACCESS BY ADJACENT OWNERS COVERED BY EASEMENTS 5’ UTILITIY EASEMENT 10’ UTILITY EASEMENT 5’ ACCESS EASEMENT FILM 1458, REC. 857766 & 5’ ENCROACHMENT & AC- CESS EASEMENT, FILM 1952, REC. 1406098 TOTAL PROPERTY: EXISTING RESIDENCE: SETBACKS: EASEMENTS: REMAINING DEVELOPABLE: 6,473 SF 2,520 SF 3,261 SF 232 SF 460 SF 1941 TYLER RD 1965 ALPINE AVE 1975 BALSAM AVE 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION SEPARATION 6’ SEPARATION FROM ARCHITECTURE TOTAL PROPERTY: EXISTING RESIDENCE: SETBACKS: EASEMENTS: SEPARATION: REMAINING DEVELOPABLE: 9-7-1. - SCHEDULE OF FORM AND BULK STANDARDS TABLE 7-1: FORM AND BULK STANDARDS SETBACK AND SEPARATION REQUIREMENTS: ACCESSORY BUILDINGS AND USES RL-1 MINIMUM SEPARATION BETWEEN ACCESSORY BUILDINGS AND ANY OTHER BUILDING: 6’ 6,473 SF 2,520 SF 3,261 SF 232 SF 250 SF 210 SF 1941 TYLER RD 1965 ALPINE AVE 1975 BALSAM AVE 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION TREES EXISTING TREE, TYP. TOTAL PROPERTY: EXISTING RESIDENCE: SETBACKS: EASEMENTS: SEPARATION: EXISTING TREES: REMAINING DEVELOPABLE: 6,473 SF 2,520 SF 3,261 SF 232 SF 250 SF 73 SF 137 SF 1941 TYLER RD 1965 ALPINE AVE 1975 BALSAM AVE 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION CONSTRAINTS EXISTING RESIDENCE 5’ UTILITIY EASEMENT 10’ UTILITY EASEMENT 6’ SEPARATION FROM ARCHITECTURE EXISTING TREE, TYP. 0-3’ REAR SETBACK 0-3’ REAR SETBACK 55’ FRONT SETBACK 0-3’ SIDE SETBACK TOTAL PROPERTY: EXISTING RESIDENCE: SETBACKS: EASEMENTS: SEPARATION: EXISTING TREES: REMAINING DEVELOPABLE: 6,473 SF 2,520 SF 3,261 SF 232 SF 250 SF 73 SF 137 SF 1975 BALSAM AVE 1941 TYLER RD 1965 ALPINE AVE 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION WALLS 6 7 8 1 4 5 2 3 +TW5387.16/9’-6” LF/RR TIE +TW5380.61/8 LF/RR TIE +TW5376.89/63 LF/CONCRETE +TW5395.43/51 LF/RR TIE +/-FFE5393.71/26 LF/BRICK (ARCHITECTURE) +TW5391.42/44 LF/RR TIE +TW5395.43/40 LF/RR TIE +TW5398.18/EST. 50 LF/RR TIE N 1941 TYLER RD 1975 BALSAM AVE 1965 ALPINE AVE 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION WALLS +TW5397.88+BW5394.57 ARCHITECTURE+BW5397.06 ARCHITECTURE+BW5393.71 +TW5394.06+BW5391.17 +TW5391.42+BW5387.67 +TW5393.72+BW5390.64+BW5388.46 +TW5395.31+BW5391.13 +TW5390.79+BW5388.52 TW5398.21+BW5394.19+ TW5393.96+BW53 89.91 + TW5393.96+BW5390.61+ TW5387.16+BW5381.96+ TW5380.55+BW5378.12+ TW5376.75+BW5370.25+ +5397.65 FFE5389.14+ 5387.34+ 5385.73 + N 1941 TYLER RD 1965 ALPINE AVE 1975 BALSAM AVE REAR YARD AERIAL IMAGE 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION WALLS 3 2 1 54 REAR YARD AERIAL IMAGE 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION WALLS 3 2 1 WEST SIDE YARD LOOKING NORTH WEST SIDE YARD LOOKING NORTH IMAGERY 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION 1 2 6 7 8 1 2 3 6 1 PL 2 NORTHWEST VIEW OF THE EXTENTS OF WALL 1 REAR YARD LOOKING EAST IMAGERY 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION 2 354 3 2 1 REAR YARD LOOKING WEST REAR YARD LOOKING WEST IMAGERY 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION 45213 4 2 5 3 5 EAST SIDE YARD EAST SIDE YARD IMAGERY 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION 5 5 2 4 3 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION ACCESS WEST SIDE YARD EAST SIDE YARD SIDE YARD WIDTH: 4’-8” (3’-6” DUE TO EXST. TREES) GRADE CHANGE: 21’ WALL (8) HEIGHT: VARIES 5-6’ VERTICAL CLEARANCE: +/-9’-0” (ARCHITECTURE & TREES) SIDE YARD WIDTH: 4’-6” MAX 5’-8” CLEARANCE AT DECK ENCROACHMENT GRADE CHANGE: 9’-6” WALL (5) HEIGHT: VARIES 3-6’ VERTICAL CLEARANCE: N/A +5373.49 +5385.00 +5394.55 DECK ENCROACHMENT N 1941 TYLER RD 1965 ALPINE AVE 1975 BALSAM AVE WEST SIDE YARD ACCESS EAST SIDE YARD ACCESS 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION IMAGERY BOZA VARIANCE REQUEST PRESENTATION BOZA VARIANCE REQUEST PRESENTATION POTENTIAL SITE IMPACTS 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION EXTERIOR N 1941 TYLER VIEWS 1965 ALPINE VIEWS NEIGHBOR’S ACCESS DISRUPTION 1975 BALSAM VIEWS (SECONDARY) (PRIMARY) (POTENTIAL WITH WALL DISTURBANCE) (PRIMARY) 1941 TYLER RD 1965 ALPINE AVE 1975 BALSAM AVE EXISTING VIEW FROM 1965 ALPINE AVE 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION IMAGERY 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION INTERNAL N ENVIRONMENTAL ENVIRONMENTAL/STRUCTURAL TREE REMOVAL FOR CONSTRUCTION ACCESS NEIGHBORING PROPERTY ACCESS DISTURBANCE STEP CONSTRUCTION REQUIRED FOR LONGTERM ACCESS RE-GRADEING/WALL DISTURBANCE *WALL DISTURBANCES MAY IMPACT NEIGHBORING PROPERTIES ENVIRONMENTAL/STRUCTURAL ENVIRONMENTAL EXTENSIVE SOIL EXCAVATION STABILIZATION OF INTERNAL WALLS *WALL DISTURBANCES MAY IMPACT NEIGHBORING PROPERTIES TREE REMOVAL FOR CONSTRUCTION ACCESS *DISTURBANCES TO ONE OR MORE OF EXISTING RETAINING WALLS MAY LEAD TO IMPACTS ON ADJACENT WALLS INCLUDING WALLS EXTENDING INTO NEIGHBORING PROPERTIES. 1941 TYLER RD 1965 ALPINE AVE 1975 BALSAM AVE BOZA VARIANCE REQUEST PRESENTATION BOZA VARIANCE REQUEST PRESENTATION PROPOSED VARIANCE REQUEST 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION STRUCTURE N PROPOSED ACCESSORY STRUCTURE FOOTPRINT: 6.5’X11’ (71.5 SF) MATERIALS: MATTE SLATE BLACK (RICHLITE) & ARBORWOOD PINE NEIGHBORING ARCHITECTURE EXISTING RESIDENCE 3’-6”9’-2”6’-3” 1941 TYLER RD 1965 ALPINE AVE 1975 BALSAM AVE NORTH & WEST FACADES WEST & SOUTH FACADES VIEW FROM ALPINE AVE 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION IMAGERY 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION SCREENING N EXISTING EVERGREEN TREE, TYP. EXISTING DECIDUOUS TREE, TYP. 1941 TYLER RD 1965 ALPINE AVE 1975 BALSAM AVE 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION SCREENING N EXISTING TREE, TYP. 7’ HT. PRIVACY FENCE, TYP 3’ HT. SEMIPRIVATE RAILING, TYP PROPOSED DECIDUOUS TREE, TYP PROPOSED EVERGREEN TREE, TYP 1941 TYLER RD 1965 ALPINE AVE 1975 BALSAM AVE 1951 ALPINE AVEBOZA VARIANCE REQUEST PRESENTATIONBOZA VARIANCE REQUEST PRESENTATION IMAGERY Revised September 2022 400.pdf City of Boulder Planning and Development Services 1739 Broadway, Third Floor • PO Box 791 • Boulder, CO 80306 Phone: 303-441-1880 • Web: boulderplandevelop.net BOARD OF ZONING ADJUSTMENT (BOZA) VARIANCE APPLICATION APPLICATION DEADLINE IS THE SECOND MONDAY OF EACH MONTH. MEETING DATE IS 4:00 P.M. ON THE SECOND TUESDAY 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 floor area existing:*Total floor area proposed: *Total building coverage existing:*Total 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: 1951 Alpine Avenue Boulder, CO 5 2 Hillcrest 6417.7 SF Single Family Residence We are requesting a variance to the accesory building setback as listed in BRC 9-7-2 Setback Standards for accessory buildings for a new 6.5'x11' structure. to be placed in the front yard setback. 2234 2304 2325 2409 9' for new structure28' Kyle Akin and Amanda McKeon 1951 Alpine Avenue Amanda's cell 603-817-2888 Boulder CO 80304 kyleakin@gmail.com Ransom Beegles, R Design Landscape Architecture 1200 Bannock St.970-402-9912 Denver CO 80204 ransomb@rdesignstudios.com Packet from April 11, 2023 BOZA Hearing 2 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) ❑Fence and Wall Variance (BRC 9-9-15) X Packet from April 11, 2023 BOZA Hearing 3 APPLICATION REQUIREMENTS All variance applications are electronic submittal and review. Visit the Planning & Development Services Online Center for additional information & guidance on the application process and how to apply. As a minimum, the following items MUST ultimately be provided for an application to be considered complete: •A completed and signed BOZA Application Form; •If applicant is other than owner(s), a written consent of the owner(s) of the property for which the variance is requested; •A detailed written statement thoroughly describing the variance request(s) and addressing all pertinent review criteria for approval - see following pages; •A signed and stamped Improvement Location Certificate or Site Improvement Survey and legal description by a registered surveyor; •A site development plan including setbacks, building elevations, interior layout/floor plans and any other pertinent exhibits; •A demolition plan clearly differentiating between existing/remaining and proposed portions of the structure(s); •Any other information pertinent to the variance request (e.g. neighbor letters, photos, historic records/approvals, renderings, etc.); •Sign Posting Acknowledgement Form - see following page. NOTE: The applicant is responsible for posting the property in compliance with city requirements. Obtaining sign(s) will be messaged to an applicant once it has been placed on an agenda. 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. •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__________ March 13, 2023 Kyle Akin, Owner Packet from April 11, 2023 BOZA Hearing 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. Kyle Akin 1951 Alpine Avenue Boulder, CO 80304 March 13, 2023 Packet from April 11, 2023 BOZA Hearing 1951 ALPINE 303.600.8795 www.rdesignstudios.com Denver, CO 1200 Bannock St. Millbrook, NY 46 Front StreetDESIGN BOARD OF ZONING ADJUSTMENT VARIANCE APPLICATION -PROJECT DESCRIPTION Dear Board of Zoning Adjustments Thank you for considering our project for a zoning variance for the accesory structure setback requirements. Our project is located at 1951 Alpine Avenue in Boulder, CO which is a single family residential property with an existing residence. As part of the landscape renovation which includes new retaining walls, fences, steps, plantings and irriga- tion, the owners have purchased a pre-manufactured sauna. This structure is 6.5’x 11’ x9’ tall and is constructed of high quality construction materials. Due to the unusual nature of this site, which has a large front yard that faces both Alpine Avenue to the south and Tyler Road to the north, the accesory structure setbacks limit the locations this element can be placed. Aside from the challenges with the geometry, the site is faced with extreme grading conditions particularly on the northwest side or rear yard which is one of the only locations within the accesory structure setbacks. The grading of the rear yard is not only extreme but re-grading could compromise the stabalization of the adjacent lot which sits higher in elevation than 1951 Alpine Avenue. We have submitted and been approved a retaining wall plan to provide a flat space for a usable yard south of the existing residence which is the most suitable location for the sauna structure to be placed. Due to these existing conditions, the owners at 1951 Alpine are faced with a challenging lot which has very limited flat, buildable areas located on the south side of the property. This is the reason for the location we are proposing the sauna structure, on the southeast corner of the existing residence. We feel this is apropriate due to the hardship of the site and have developed a landscape plan which incorporates the sauna in a thoughtful manner that is respectful to the neighborhood. This structure is crafted of quality construction materials and architecturally compliments the house. It will also be set within a new fenced-in flat lawn area and hidden to the east through fencing and vegetation. Several neighbors have seen the plans and structure and have expressed their support of the design (we are gathering and will provide letters of support to the BOZA from adjacent lots). In order to ensure this design is an asset for the neigh- borhood, the landscape plan which includes retaining walls, fences, steps and new plantings will enhance the entire corner increasing curb appeal while complementing both the sauna structure and existing residence. In accordance with the BOZA variance criteria we feel this proposal satisfies all of the criteria. Below we have listed these in detail: (1) Physical Conditions or disability: (A) (i) There is unusual physcual circumstances or conditions including, without limitation, irregularity, narrowness, shal- lowness of the lot, or exceptional physical conditions peculiar to the peculiar to the physical property. Response: the unusual shape and extreme topography on the lot limit the ability for construction to an area located south of the residence, which is currently not in conformance of the accesory structure setbacks. The side yard setback on the east and west do not allow clearances from the adjacent property lines and the existing residence to provide adequate space for this structure. The northwest side of the property sits, in elevation, well below the adjacent property at 1965 Alpine Avenue and is currently retaining the grade of the adjacent property. Any disturbance of the existing slope could compromise the stability of the land on both the properties at 1965 Alpine Ave. and 1975 Balsam Drive. (B)The unusual circumstances or conditions do not exist throughou the neighborhood or zoning district in which the property is located, and (see response to item C) Response:This site is unique to both the neighborhood and zoning district in that it is a corner lot with a geometric alignment of the property lines which compresses what would appear to be the rear yard, has very shalow side yards and the front yard requires front yard setbacks on both the south and west sides because the lot is bordered by Alpine Avenue to the south and Tyler Road to the west. When offseting the front yard property line by 12.5’, side yards by 5’ to the southeast and 10’ to the northwest and 3’ from the smaller rear property line there are no remaining areas in which an accesory structure of this size (the size considered acceptable as a shed (6.5’x11’)) in which the proposed sauna can be placed and still conform with the offsets from the main residence. This is unique to the neighborhood as few sites of this size have the unique character of bordering two streets and having such a small size for the rear yard. The grading of this site is also unique to the neighborhood in that the rear yard has significant slopes but is also retaining the grade for the adjacent properties which side higher in elevation. There are no other lots within the neighboorhood which feature both of these constraining factors. Date: TO: RE: March 19, 2023 City of Boulder Planning and Development, Board of Zoning Adjustment Proposed Sauna at 1951 Alpine Ave. in Boulder, CO. Packet from April 11, 2023 BOZA Hearing 1951 ALPINE 303.600.8795 www.rdesignstudios.com Denver, CO 1200 Bannock St. Millbrook, NY 46 Front StreetDESIGN BOARD OF ZONING ADJUSTMENT VARIANCE APPLICATION -PROJECT DESCRIPTION C) Because of such physical circumstances or conditions the property cannot be reasonably be developed in conform- ity with the provisions of this chaper and (see response D): Response:The existing residence which was constructed well before it was purchased by the homeowners is placed on the site in a location in which the maining rear yard is not large enough for this structure to be located within it while conforming to the accesory structure offsets from main residence (the largest distance from the main residence to the accesory structure setback line on the northwest is 14’ which means the structure would sit 4’ from the main residence. The side yards are both narrow (2’3” to the northwest and 6’ on the southeast and the front yard wraps two sides of the residence, limiting the constructable area The topography in this location also does not allow for the construction of a structure witout requiring extensive retaining which may compromise the stabalization of the residences adjacent to the site. This site is unique to this condition as the usable remaining usable spaces on the site are the west and south sides of the property which are bordered by Tyler Rd on the west and Alpine Avenue on the south, which causes a larger “front yard” setback on both sides. This with the existing house creates a scenario in which there is no way to install an accesory structure on the site. Within this neighborhood these two factors together combine to make this is a unusual circumstance. D) Any unneccesary hardship has not been created by the applicant. Response:The existing conditions of this site were the conditions in place when the current owners purchased the property. The existing property lines whihc are causing the constraints with accesory structure setbacks and the topography is in the condition of the site as it was purchased. In addition, as a good faith effort, the owners are making a large investment in the beautification of the landsacpe in the front of the house by replacing aged retaining walls and walkways with new masonry walls placed to preserve the existing trees, vegetation, fencing and walkways and patios which will be a benefit to both the architecture and the neighborhood. The proposed location of the structure will have the least amount of impact to the grading and drainage and, combined with the new landscape which is unders construction, will actually improve the setting and condition of the existing sites grading, drainage and richness of the public-facing facade of the project. The hardships was created from conditions that were established long before the homeowners purchased this property and the only modifications they have made are currently being constructed to help retain the slopes and improve the stabalization of the site. REQUIREMENTS FOR ALL VARIANCE APPROVALS: (5) (A) Would not alter the essential character of the neighborhood or district in which the lot is located. Response: The current neighborhood features an eclectic range of architectural styles and scale ranging from traditional design materials such as masonry and wood to stucco and glass modern homes. Many of the more attractive landscape materials in the neighborhood, which are ad integral part of the streetscape experience, include wood fences, steel planters and perenni- als and grasses. All of these materials will be installed at 1951 Alpine Avenue as a part of the landscape renovation currently under construction. Traveling west along Alpine Avenue many of the sites have detached garages which face Alpine Avenue adding a smaller scale structure to the neighborhood experience. The proposed sauna structure, will be largely concealed behind a new fence and plantings but when viewed will harmonize with the home’s color and is constructed of high quality materials which will enhance the texture of the streetscape. The scale of the sauna will also provide interest to a stretch of Alpine Avenue that is somewhat sterile and unfriendly for both pedestrians and vehicular experience. (B) Would not substantially or permanently repair the reasonable use and enjoyment of the development of adjacent property Response: The homeowners at 1951 Alpine have spoken with the neighbors who are within the closests proximity of the loca- tion of the sauna structure for which the variance is being requested. The neighbor to the east 1965 Alpine, and two neighbors to the south (1996 Alpine Avenue and 2001 Mesa Drive). These neighbors have reviewed the proposed variance and design and will provide written documentation supporting the variance. The structure itself is only 9 feet tall and will be concealed behind a 6’ fence. The neighboring property to the east is the only property directly adjacent to the proposed structure and is currently concealed from it by a large existing Pine tree. The structure itself because of its location will also have no impact on the solar of any of the adjacent neighbors. Date: TO: RE: March 19, 2023 City of Boulder Planning and Development, Board of Zoning Adjustment Proposed Sauna at 1951 Alpine Ave. in Boulder, CO. Packet from April 11, 2023 BOZA Hearing 1951 ALPINE 303.600.8795 www.rdesignstudios.com Denver, CO 1200 Bannock St. Millbrook, NY 46 Front StreetDESIGN BOARD OF ZONING ADJUSTMENT VARIANCE APPLICATION -PROJECT DESCRIPTION (C) Would be the minimum variance that woudl afford relief and would be the least modification of the applicable provisions of this title. Response: The design team considered all of the possible locations for the proposed sauna and every possible location would require a variance due to the unique constraints of the site. The location to the northeast of the house, the “Rear Yard” may require multiple variances due to the minimal space from the house to the accesory structure setback. The grading as well woudl require extensive retaining walls and without terracing would require variances to retain the height needed in order to create a surface large enough for the structure. The proposed location is the most logical placement on this site and requires the least modification of the applicable provisions as we are asking for an exemption from the front yard accesory structure setback only and have provided additional screening and design elements which will express the intent of the front yard setback by screening the sauna from the sidewalk level and providing a “setting” for the structure which gives it intention. This location also requires the least use of resources, regrading and retaining. (D) Would not conflict with the provisions of Section 9-9-17, Solar Access B.R.C. 1981 Response: Within section 9-9-17 of the B.R.C.this lot is considered located in SA Area I (the site is zoning district RL-1) and “No person shall erect an object or structure on any other lot that would shade a protected lot in SA Area I to a greater degree than the lot would be shaded by a solar fence twelve feet in height, between two hours before and two hours after local solar noon on a clear winter solstice day” In the solar access worksheet it states “If the proposed construction consists exclusively of building elements that are shorter than the solar fence in Ques- tion, no solar analysis is required. Our Zone district is protected by a12’ solar fence and our structure is 9’ in height so we are below the required height required for a solar analysis. Please see the attached plans and diagrams which illlustrate the information on the sauna and depict the landscape renovation which has been permitted and is currently under consttuction. We look forward to reviewing this with you and providing any additional information you may request. Best regards, Ransom Beegles, Principal R Design Landscape Architecture Inc. Representing Kyle Akin and Amanda McKeon, homeowners 1951 Alpine Avenue, Boulder, CO. Date: TO: RE: March 19, 2023 City of Boulder Planning and Development, Board of Zoning Adjustment Proposed Sauna at 1951 Alpine Ave. in Boulder, CO. Packet from April 11, 2023 BOZA Hearing Packet from April 11, 2023 BOZA Hearing 1951 ALPINE AVENUEBOZA SUBMITTAL SETSHEET INDEXL000L100 L200 L300L400L500L600L601GENERAL NOTESEXISTING CONDITIONS PLANSETBACK PLANSAUNA INFORMATIONSAUNA SITE PLANOVERALL SITE PLANPERSPECTIVE IMAGERY PERSPECTIVE IMAGERY & SUPPORTIVE NEIGHBORS LOCATION MAPVICINITY MAPPROJECT INFORMATIONSTREET ADDRESS:1951 ALPINE AVE, BOULDER, CO 80304ZONING:RL-1 (RESIDENTIAL-LOW 1)JURISDICTION: CITY OF BOULDEROWNER:KYLE AKIN & AMANDA McKEONARCHITECT:N/ALANDSCAPE ARCHITECT:R DESIGNSURVEY INFO PROVIDED BY:BUILDER:N/APROJECTINFORMATIONCVR811 CALL 2 BUSINESS DAYS IN ADVANCEBEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUNDMEMBER UTILITIESCALL UTILITY NOTIFICATION CENTER OF COLORADODRAWN BY:SHEET NO.:SHEET TITLE:DATE:CHECKED BY:BKRBALPINE AVENUE 1951 ALPINE AVE, BOULDER, CO 80304ISSUE:DATE:1200 BANNOCK ST.DENVER, COLORADO80204303.600.8795rdesignstudios.coml a n d s c a p e a r c h i t e c t u r ep l a n n i n g + u r b a n d e s i g nPARCEL #:14633011402MARCH 10, 2023NOT FORCONSTRUCTIONDRAFT SETPacket from April 11, 2023 BOZA Hearing GENERAL NOTES1. PRIOR TO ANY DEMOLITION, THE CONTRACTOR SHALLCONFIRM AND LOCATE ALL EXISTING UTILITY LOCATIONS,GRADE SPOT ELEVATIONS, WATER LINES, ELECTRIC POWERLINES, GAS LINES, ETC.2. IRRIGATION TO BE DESIGN BUILD, VERIFY LOCATION OFEQUIPMENT AND VALVE BOXES WITH LANDSCAPE ARCHITECTAND CONTRACTOR PRIOR TO INSTALLATION.3. ALL MATERIALS MUST BE APPROVED BY A REPRESENTATIVEOF R DESIGN LANDSCAPE ARCHITECTURE PRIOR TOINSTALLATION, ANY MATERIAL APPROVED WITHOUT THELANDSCAPE ARCHITECTS CONSENT MAY BE REMOVED AT THECONTRACTORS EXPENSE.4. ALL CONSTRUCTION METHODS MUST FOLLOW THEAPPROPRIATE MUNICIPAL GUIDELINES AND CODEINFORMATION.5. CONTRACTOR MUST PROVIDE TREE PROTECTION FOREXISTING TREES TO BE PRESERVED DURING CONSTRUCTIONAND SHALL ENSURE TREE IS IN GOOD HEALTH UPONPROJECT COMPLETION. CONTRACTOR SHALL REPAIR ORREPLACE ANY AND ALL EXISTING TREES DAMAGED DURINGCONSTRUCTION.6. THESE PLANS REPRESENT DESIGN BUILD DOCUMENTS.CONSULT A LICENSED STRUCTURAL ENGINEER FOR ANYNECESSARY FOOTING DESIGN AND A LICENSED CIVILENGINEER FOR ANY GRADING AND DRAINAGESPECIFICATIONS.MULCH AND DECORATIVE STONESPECIFICATIONS1. IN ALL PLANT BEDS PLACE A 2"-3" LAYER OF 34" BLACK GRANITE,DO NOT USE WEED FABRIC UNLESS OTHERWISE SPECIFIEDON THE PLANS. PROVIDE SAMPLES OF CRUSHED BLACKGRANITE TO HOMEOWNER FOR REVIEW BEFORE PURCHASEOF ANY MATERIAL.2. ALL STREET TREES TO HAVE A2"-3" LAYER MIN. 3' DARKBROWN CEDAR MULCH SQUARE. PROVIDE SAMPLES OFMULCH TO HOMEOWNER FOR REVIEW BEFORE PURCHASE OFANY MATERIAL.3. REFER TO PLAN FOR EXTENTS OF PLANT BEDS ANDDECORATIVE CRUSHED STONEEDGING SPECIFICATIONS1. ALL EDGING SHALL BE BLACK PRO-EDGE OR APPROVEDEQUAL, SUBMIT EDGING SAMPLE TO LANDSCAPE ARCHITECTAND HOMEOWNER FOR APPROVAL PRIOR TO PURCHASE.2. REFER TO DETAILS FOR EDGING TYPES. PROVIDE SHOPDRAWINGS AS NEEDED AND MATERIAL SAMPLES OF ALLEDGING PRIOR TO INSTALLATION.3. EDGING TO BE INSTALLED STRAIGHT AND FLUSH, NO BENDINGOR LUMPY EDGING INSTALLATION WILL BE ACCEPTABLE.4. PROVIDE STRINGLINE LAYOUT OF EDGING FOR APPROVAL BYLANDSCAPE ARCHITECT PRIOR TO INSTALLATION.MOCK UP AND SUBMITTALS1. VERIFY WITH SITE MOCK UP, THE LAYOUT OF ALL PATIOS, FIREPIT LOCATION, WALKWAYS, STEPS, WALLS, CURB ALIGNMENTSOR ANY OTHER PROPOSED STRUCTURAL ELEMENT (TRELLIS,PERGOLA, ARCHITECTURAL SCREEN, ETC.) PRIOR TOCONSTRUCTION.2. PROVIDE LAYOUT OF ALL PATIOS, WALKWAYS AND EDGINGSHOWING VERTICAL AND HORIZONTAL LAYOUT PRIOR TOINSTALLATION OF ANY HARDSCAPE.3. PROVIDE SAMPLES OF EDGING, AND INSTALL 8' LENGTHS FORREVIEW WITH THE LANDSCAPE ARCHITECT AND HOMEOWNERPRIOR TO INSTALLATION.4. PROVIDE SAMPLES OF MULCHES, SOIL AMENDMENTS,CRUSHED STONE, DECORATIVE STONE, AND BLUESTONEPAVERS TO HOMEOWNER AND LANDSCAPE ARCHITECT FORREVIEW. INSTALL 2'X4' RECTANGLE OF ANY AND ALLPROPOSED PAVERS ON SITE TO REVIEW COLOR RANGE.5. PROVIDE SOILS SAMPLE TESTING RESULTS FOR PLANTINGSOIL AMENDMENT.6. LANDSCAPE ARCHITECT TO APPROVE ALL PLANT MATERIAL ATSUPPLIERS LOCATION PRIOR TO PURCHASE.7. PRIOR TO FINAL GRADING WALK THROUGH AND FIELD VERIFYSLOPES AND FINISHED GRADE RELATIONS.8. LAYOUT PLANTS ACCORDING TO PLAN FOR APPROVAL BYHOMEOWNER AND LANDSCAPE ARCHITECT PRIOR TOINSTALLATION.PLANTING NOTES1. THE CONTRACTOR IS RESPONSIBLE TO VERIFY ALL PLANTQUANTITIES PRIOR TO ORDERING AND PLANT MATERIAL, NOTIFYLANDSCAPE ARCHITECT OF ANY DISCREPANCIES FROM THEQUANTITIES INDICATED ON THE PLANS.2. ALL PLANT MATERIAL IS TO BE APPROVED BY THE HOMEOWNERPRIOR TO INSTALLATION, ANY MATERIAL INSTALLED WITH OUTHOMEOWNERS APPROVAL MAY BE REPLACED AT THE EXPENSE OFTHE CONTRACTOR.3. ENSURE ALL TREES ARE PLANTED OUT OF DRAINAGE ROUTES ANDADEQUATE GRADE FOR ROOTBALLS AND TREE PITS AREPROVIDED.4. PROTECT ALL EXISTING PLANT MATERIAL TO REMAIN THROUGHCONSTRUCTION.5. COORDINATE PRUNING OF ALL EXISTING TREES AND SHRUBS WITHLANDSCAPE ARCHITECT AND HOMEOWNER.6. DRIP IRRIGATION TO BE USED FOR ALL TREES AND SHRUBS,.7. ALL KENTUCKY BLUEGRASS SOD TO HAVE 100% HEAD-TO-HEADCOVERAGE SPRAY IRRIGATION WITH POP UP SPRAY EMITTERS.8. R DESIGN RECOMMENDS INSTALLING PLANTS BETWEEN MAY 15THAND JULY 1ST OR AFTER AUGUST 15TH THROUGH OCTOBER 30TH.10. TO DETERMINE SOIL AMENDMENTS FOR PLANT BEDS,TURFGRASS, AND ATICE SEED AREAS CONTACT THE SOIL, WATERAND PLANT TESTING LABORATORY AT COLORADO STATEUNIVERSITY EXTENTION (970) 491-5061 AND SUBMIT SOILS SAMPLETO BE ANALYZED.11. THE LANDSCAPE CONTRACTOR IS RESPONSIBLE TO WARRANTYALL PLANT MATERIAL FOR A MINIMUM OF ONE YEAR AFTER DATEOF INSTALLATION.12. PROVIDE THE HOMEOWNER WITH MAINTENANCE GUIDELINES FORREVIEW FOR ALL PLANTINGS, TURFGRASSES, NATIVE GRASSES,IRRIGATION SYSTEM AND OTHER LANDSCAPE MATERIALS.13. THE LANDSCAPE ARCHITECT SHALL APPROVE THE PLACEMENT OFALL TREES PRIOR TO INSTALLATION.14. SUBMIT IRRIGATION PLANS FOR APPROVAL BE THE LANDSCAPEARCHITECT PRIOR TO INSTALLATION. VERIFY ALL VALVE BOXLOCATIONS PRIOR TO FINALIZING IRRIGATION DESIGN.15. COORDINATE ALL CONDUIT FOR UTILITIES, DRAINAGE, ANDIRRIGATION WITH HARDSCAPE LAYOUT PRIOR TO INSTALLATION;16. ALL TREES TO BE STAKED A MINIMUM OF 1 YEAR.17. USE A PLANTERS MIX, SOIL BLEND IN ALL BED AND SOD AREASCONTAINING A TOP SOIL, HUMMUS, COMPOST AND BARK FINESBLEND AS RECOMMENDED BY SOILS TEST RESULTS.SOD AND SEEDED GRASS NOTES1. ALL TURFGRASS SOD TO BE KENTUCKY BLUEGRASS WITH100% HEAD-TO-HEAD IRRIGATION COVERAGETURFMASTERS SOD OR APPROVED EQUAL, CONTACTSUPPLIER FOR ALL INSTALLATION, SOIL PREP,MAINTENANCE AND WATER REQUIREMENTS.2. CONFIRM SOIL AMENDMENT WITH COLORADO STATEUNIVERSITY EXTENSION OFFICE SOILS TEST LABORATORY.APPLY SOILS AMENDMENT PER RECOMMENDATIONS FROMSOILS TEST.IRRIGATION NOTES1. FINAL IRRIGATION DESIGN BUILD PROVIDED BY OTHERS,REFER TO FINAL IRRIGATION PLANS FOR DESIGN.2. VERIFY WITH HOMEOWNER CONTROL AND ZONING OFIRRIGATION SYSTEM.3. PROVIDE 100% HEAD-TO-HEAD COVERAGE ON ALLTURFGRASS SOD AREAS.4. SUBMIT ZONING PLAN AND MAINTENANCE INSTRUCTIONSTO HOMEOWNER UPON COMPLETION.5. PROVIDE DRIP IRRIGATION TO ALL LANDSCAPE BEDS,CONCEAL ALL DRIP LINES6. VERIFY WITH LANDSCAPE ARCHITECT THE LOCATIONS OFALL VALVE BOXES ON SITE BEFORE IRRIGATIONCONSTRUCTION.CONCRETE NOTES1. REFER TO PLANS AND DETAILS FOR ALL CONCRETETEXTURES.2. ALL CONTROL JOINTS TO BE SAW CUT IF NEEDED. IFCONTROL JOINTS ARE NEEDED, FIELD VERIFY CONTROLJOINT ALIGNMENT WITH LANDSCAPE ARCHITECT PRIOR TOINSTALLATION.3. PROVIDE A MIN. SLOPE OF 2% ON ALL HARDSCAPE AREAS.4. LANDSCAPE ARCHITECT TO APPROVE STRINGLINES OF ALLLAYOUT FOR WALLS, PATIOS, STEPS AND SLABS PRIOR TOINSTALLATION.WALL AND FENCE NOTES1. REVIEW CONDITION OF FENCE WITH HOMEOWNER PRIORTO FINAL BIDDING.2. PROVIDE STRINGLINE MOCK UP OF ALL TOPS OF FENCESAND WALLS FOR APPROVAL BY LANDSCAPE ARCHITECTPRIOR TO INSTALLATION.3. PROVIDE REINFORCEMENT AS NEEDED FOR ALL GATES ANDFENCE POSTS.4. HOMEOWNER TO SELECT COLORS FOR ALL NEWLYINSTALLED FENCES.GENERAL NOTESEXISTING CONCRETEKENTUCKY BLUEGRASS SODWITH 100% SPRAY IRRIGAITONMATERIALS LEGENDWOOD MULCH/PLANT BEDCOBBLESTONE ROCKFINE GRAVELMEDIUM ROCKSEEDED AREA/NATIVESTONE PAVINGDECKING(NEW MATERIAL 1)(NEW MATERIAL 2)(NEW MATERIAL 3)SECTIONDETAILPLANTING REFERENCEEXISTING SPOT ELEVATIONSPOT ELEVATIONELEVATIONSPOT ELEVATION @ SECTIONPAVING TYPESITE ELEMENT TYPEWALL TYPELIGHTING TYPEEQUIPMENT TYPEEXISTING TREES TO BE REMOVEDEXISTING TREE CONIFEROUSREMOVALSPROPERTY LINEEXISTING TREE DECIDUOUSSYMBOLSLIMITS OF WORKSILT FENCECONSTRUCTION FENCECENTER LINE ℄GRIDMATCH LINE/CONTROL LINEREVISIONPOINT OF BEGINNINGSPOT ELEVATION @ TOP AND BOTTOM OF WALLSPOT ELEVATION @ POINT OF REFERENCEEDGING TYPEXXXXE1W1TOW678.00FG000.0012L505000L601000.00PARALLEL2.3000.00 TOW000.00 BOW0.0%E1L1S1P1000.00000.00REFLXXX00.00 T2 1/42.5RM00.00SLOPE @ SURFACEBREAK LINEKEYNOTEXXALIGNALIGN SURFACESPARALLEL SURFACES2.32A D D ABBREVIATIONSSPOT ELEVATION @ TOP AND BOTTOM OF WALLSPOT ELEVATION @ POINT OF REFERENCEADAAMERICANS WITH DISABILITIES ACTALGALIGNADJADJACENTALUMALUMINUMANNODANNODIZEDARCHARCHITECTBLDGBUILDINGBOTBOTTOMBOFBOTTOM OF FOOTINGBOSBOTTOM OF STAIRSBOWBOTTOM OF WALLC+PCOEN+PARTNERS LANDSCAPE ARCHITECTSCBCATCH BASINCJCONTROL JOINTCL, ℄CENTER LINECMUCONCRETE MASONRY UNITCOLCOLUMNCONCCONCRETECONTCONTINUOUSCIVILCIVIL ENGINEERDIADIAMETERDNDOWNDWGSDRAWINGS(E) EXTGEXISTINGEJEXPANSION JOINTELELEVATIONELECELECTRICALEQEQUALEX.EXISTINGEXPEXPOSEDEXTEXTERIORF.F.FILTER FABRICFFEFINISHED FLOOR ELEVATIONFGFINISH GRADEFNDFOUNDATIONGAGAGEGALVGALVANIZEDGEOGEOTECHNICALHBHOSE BIBHCHOUSE CORNERHORHORIZONTALHPHIGH POINTI.D.INSIDE DIAMETERINSULINSULATIONLALANDSCAPE ARCHITECTLPLOW POINTMASMASONRYMATLMATERIALMAXMAXIMUMMFRMANUFACTURERMINMINIMUMMTLMETALNICNOT IN CONTRACTN.F.C.NOT FOR CONSTRUCTIONO.C.ON CENTERO.D.OUTSIDE DIAMETEROHOVERHEADPARPARALLELP.A.PLANTING AREAPL, ⅊PROPERTY LINEPLWDPLYWOODPOBPOINT OF BEGINNINGQTYQUANTITYRRISER(R)RADIUSRDROOF DRAINREMREMOVEREQDREQUIREDSFSQUARE FEETSIMSIMILARSSSTAINLESS STEELSTRUCTSTRUCTURALSYSQUARE YARDTTREADTBDTO BE DETERMINEDTOCTOP OF CURB, TOP OF CONCRETETODTOP OF DECKTOPTOP OF PAVING SURFACETOSTOP OF STAIRSTOWTOP OF WALLTYPTYPICALVARVARIESVERTVERTICALVIFVERIFY IN FIELDW.P.M.WATER PROOF MEMBRANEW.PTWORKING POINTW/OWITHOUT#NUMBER, POUND&AND@AT°DEGREES±PLUS / MINUSØDIAMETERL000811 CALL 2 BUSINESS DAYS IN ADVANCEBEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUNDMEMBER UTILITIESCALL UTILITY NOTIFICATION CENTER OF COLORADODRAWN BY:SHEET NO.:SHEET TITLE:DATE:CHECKED BY:BKRBALPINE AVENUE 1951 ALPINE AVE, BOULDER, CO 80304ISSUE:DATE:1200 BANNOCK ST.DENVER, COLORADO80204303.600.8795rdesignstudios.coml a n d s c a p e a r c h i t e c t u r ep l a n n i n g + u r b a n d e s i g nPARCEL #:14633011402MARCH 10, 2023NOT FORCONSTRUCTIONDRAFT SETPacket from April 11, 2023 BOZA Hearing 01020304THIS IS A CONCEPTUAL LANDSCAPE PLAN ONLY. ALLDIMENSIONS AND EDGES ARE FOR GENERALREFERENCE ONLY AND WILL NEED TO BE FIELDVERIFIED WITH EXISTING SITE MEASUREMENTS,ALIGNMENT, AND DIMENSIONS OF PROPOSED PATIOS,WALKWAYS, DOORS, AND STRUCTURES. ALIGNINGEDGES OF PATIOS AND WALKWAYS WITH PROPOSEDEDGES IS MORE IMPORTANT THAT ACTUALDIMENSIONS ON THIS PLAN. LAYOUT MUST BE FIELDVERIFIED. CONTACT LANDSCAPE ARCHITECT WITHANY DISCREPANCIES.ANY SPOT ELEVATIONS ON THIS PLAN ARECONCEPTUAL ONLY. ANY FINAL GRADING ORDRAINAGE SHALL BE PROVIDED BY A CIVILENGINEER, IF REQUIRED. R DESIGN IS NOT LIABLEFOR ANYTHING CONSTRUCTED BY REFERENCINGTHESE PLANS. THE CONTRACTOR SHALL FIELDVERIFY ALL GRADES AND MEASUREMENTS ON SITE.NOTIFY LANDSCAPE ARCHITECT OF ANYDISCREPANCIES.ALL LAYOUT AND GRADING SHALL BE INCONFORMANCE WITH ANY AND ALL CITY ORMUNICIPAL REQUIREMENTS. THE CONTRACTOR ISRESPONSIBLE TO VERIFY ALL DRAINAGE, LAYOUT,SETBACK OR EASEMENT REQUIREMENTS PRIOR TOINSTALLATION. R DESIGN IS NOT RESPONSIBLE FORANYTHING CONSTRUCTED BASED UPON THESEPLANS.PROVIDE MINIMUM SLOPES AS REQUIRED ON ALLHARDSCAPE SURFACES. WOOD DECKING IS TOREMAIN LEVEL ACROSS AS IT IS CONSIDERED APERVIOUS STRUCTURE. PROVIDE MINIMUM SLOPESAS REQUIRED UNDER DECKING STRUCTURE .CONFIRM SLOPES WITH A CIVIL ENGINEER BEFORECONSTRUCTION. ANY CLARIFICATION SHALL BECONFIRMED BY A LICENSED CIVIL ENGINEER ANDAPPROVED BY THE LANDSCAPE ARCHITECT PRIORTO INSTALLATION.CONTRACTOR IS RESPONSIBLE FOR CONFIRMING THE EXTENTS OF ALLLANDSCAPE ELEMENTS PROPOSED FOR REMOVAL WITH THELANDSCAPE ARCHITECT OR OWNER PRIOR TO CONSTRUCTION.CONTRACTOR IS RESPONSIBLE FOR THE PRESERVATION OF ALLEXISTING TREES TO REMAIN IN ACCORDANCE WITH THE CITY OFBOULDER TREE PRESERVATION GUIDELINES.ANY CONCERN WITH EXISTING TREE HEALTH SHALL BE BROUGHT TOTHE ATTENTION OF THE LANDSCAPE ARCHITECT IMMEDIATELY UPONDISCOVERY.CONTRACTOR SHALL CONFIRM EXTENTS OF EXISTING TREES TO BELIMBED UP WITH LANDSCAPE ARCHITECT PRIOR TO REMOVAL.REFER TO STRUCTURAL PLAN AND DETAILS FOR ADDITIONALINFORMATION ON PROPOSED WALLS.SOUTH FACE OF WALL SHALL ALIGN WITH ARCHITECTURE A MINIMUMOF 6" BEYOND EXISTING WINDOW.CONTRACTOR SHALL PROVIDE GCFI OUTLET FOR POWER TO SAUNA.OUTLET TO BE LOCATED ON BACKSIDE OF RETAINING WALL. ALL WIRESTO BE HIDDEN WITHIN GRAVEL BED.PROPOSED CONCRETE BAND SHALL HAVE MINIMAL IMPACT ONEXISTING TREE ROOT ZONE.ONLY RUN GAPS BETWEEN PAVERS, ELIMINATE SECONDARY GAPSALLOW A MIN. OF 6' FROM TREE UNDISTURBED BY WALL FOOTER.C1C2C3C4C5C6C7C8C9C10M01.1 - REGULAR GRAY CONCRETE WITHLIGHT BROOM FINISHM02 - BLUEGRASS SOD LAWN WITH 100%COVERAGE SPRAY IRRIGATIONM03 - WOOD MULCH/PLANTING BEDM04 - 2"-3" LAYER OF 38" CRUSHED IRREGULARBLACK GRANITEM05 - 2"-3" LAYER OF 34" CRUSHED IRREGULARBLACK GRANITEM06 - COBBLESTONE ROCKM07 - ARKANSAS VALLEY SEED NATIVEWONDER SEED MIX WITH 70% COVERAGESPRAY IRRIGATIONM08 - STONE UNIVERSE JUMBO GRAY MISTBLUESTONE PAVER - ASHLAR PATTERNM09 - 4" WIDE IPE WOOD DECKINGM10 - COOPER STONE CORDOVA CREAMSTONE VENEERM01.2 - REGULAR GRAY CONCRETE WITHSANDSCAPE FINISH811 CALL 2 BUSINESS DAYS IN ADVANCEBEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUNDMEMBER UTILITIESCALL UTILITY NOTIFICATION CENTER OF COLORADODRAWN BY:SHEET NO.:SHEET TITLE:DATE:CHECKED BY:BKRBALPINE AVENUE 1951 ALPINE AVE, BOULDER, CO 80304ISSUE:DATE:1200 BANNOCK ST.DENVER, COLORADO80204303.600.8795rdesignstudios.coml a n d s c a p e a r c h i t e c t u r ep l a n n i n g + u r b a n d e s i g nPARCEL #:14633011402MARCH 10, 2023NOT FORCONSTRUCTIONDRAFT SETEXISTINGCONDITIONS PLANEXISTING CONDITIONS PLAN1" = 10' - 0"010NORTH20SYMBOLS LEGENDPROPERTY LINEEASEMENT LINEALPINE AVEEXISTINGRESIDENCEL100SHEET NOTES:GENERAL NOTES:CRITICAL SHEET NOTES:MATERIALS LEGENDTYLER ROADSIDE YARDTHE EASTERN SIDE YARD IS NOT DEVELOPABLE DUE TO LIMITEDACCESSIBILITY AND SPACE. THIS IS DUE TO THE EXISTING PROPERTYLINE AND MAXIMIZED USED OF THE BUILDING ENVELOPE. RETAININGWALLS ALONG THE PROPERTY LINE AND AT THE REAR OF THE HOUSEALSO LIMIT ANY USE OF THE EASTERN PORTION OF THE SITE.REAR YARDTHE REAR YARD OF THE SITE CONTAINS SIGNIFICANT RETAININGWALLS ASSOCIATED WITH THE PROJECT SITE ITSELF AS WELL ASNUMEROUS SURROUNDING PROPERTIES. DISTURBANCE OF THESEWALLS WOULD PUT SURROUNDING ARCHITECTURE AT A STRUCTURALRISK, REQUIRE REPLACEMENT IN THEIR ENTIRETY ANDRE-STABILIZATION OF THE OVERALL SLOPE.FRONT YARDTHE FRONT OF THE PROPERTY IS THE PREDOMINANTDEVELOPABLE AREA ON THE SITE. NECESSARY SITERETAINING WALLS SEGMENT THE FRONT OF THE PROPERTYINTO THREE DISTINCT TERRACES. THE TERRACES DISRUPTANY COHESIVE USE OF THE SPACE AND LIMIT THE OWNER'SUSE OF THE PROPERTY TO PRIMARILY THE RESIDENCE ITSELF.Packet from April 11, 2023 BOZA Hearing 010203SETBACKTREE TO REMAIN, TYP.RETAINING WALL, TYP.01020304THIS IS A CONCEPTUAL LANDSCAPE PLAN ONLY. ALLDIMENSIONS AND EDGES ARE FOR GENERALREFERENCE ONLY AND WILL NEED TO BE FIELDVERIFIED WITH EXISTING SITE MEASUREMENTS,ALIGNMENT, AND DIMENSIONS OF PROPOSED PATIOS,WALKWAYS, DOORS, AND STRUCTURES. ALIGNINGEDGES OF PATIOS AND WALKWAYS WITH PROPOSEDEDGES IS MORE IMPORTANT THAT ACTUALDIMENSIONS ON THIS PLAN. LAYOUT MUST BE FIELDVERIFIED. CONTACT LANDSCAPE ARCHITECT WITHANY DISCREPANCIES.ANY SPOT ELEVATIONS ON THIS PLAN ARECONCEPTUAL ONLY. ANY FINAL GRADING ORDRAINAGE SHALL BE PROVIDED BY A CIVILENGINEER, IF REQUIRED. R DESIGN IS NOT LIABLEFOR ANYTHING CONSTRUCTED BY REFERENCINGTHESE PLANS. THE CONTRACTOR SHALL FIELDVERIFY ALL GRADES AND MEASUREMENTS ON SITE.NOTIFY LANDSCAPE ARCHITECT OF ANYDISCREPANCIES.ALL LAYOUT AND GRADING SHALL BE INCONFORMANCE WITH ANY AND ALL CITY ORMUNICIPAL REQUIREMENTS. THE CONTRACTOR ISRESPONSIBLE TO VERIFY ALL DRAINAGE, LAYOUT,SETBACK OR EASEMENT REQUIREMENTS PRIOR TOINSTALLATION. R DESIGN IS NOT RESPONSIBLE FORANYTHING CONSTRUCTED BASED UPON THESEPLANS.PROVIDE MINIMUM SLOPES AS REQUIRED ON ALLHARDSCAPE SURFACES. WOOD DECKING IS TOREMAIN LEVEL ACROSS AS IT IS CONSIDERED APERVIOUS STRUCTURE. PROVIDE MINIMUM SLOPESAS REQUIRED UNDER DECKING STRUCTURE .CONFIRM SLOPES WITH A CIVIL ENGINEER BEFORECONSTRUCTION. ANY CLARIFICATION SHALL BECONFIRMED BY A LICENSED CIVIL ENGINEER ANDAPPROVED BY THE LANDSCAPE ARCHITECT PRIORTO INSTALLATION.CONTRACTOR IS RESPONSIBLE FOR CONFIRMING THE EXTENTS OF ALLLANDSCAPE ELEMENTS PROPOSED FOR REMOVAL WITH THELANDSCAPE ARCHITECT OR OWNER PRIOR TO CONSTRUCTION.CONTRACTOR IS RESPONSIBLE FOR THE PRESERVATION OF ALLEXISTING TREES TO REMAIN IN ACCORDANCE WITH THE CITY OFBOULDER TREE PRESERVATION GUIDELINES.ANY CONCERN WITH EXISTING TREE HEALTH SHALL BE BROUGHT TOTHE ATTENTION OF THE LANDSCAPE ARCHITECT IMMEDIATELY UPONDISCOVERY.CONTRACTOR SHALL CONFIRM EXTENTS OF EXISTING TREES TO BELIMBED UP WITH LANDSCAPE ARCHITECT PRIOR TO REMOVAL.REFER TO STRUCTURAL PLAN AND DETAILS FOR ADDITIONALINFORMATION ON PROPOSED WALLS.SOUTH FACE OF WALL SHALL ALIGN WITH ARCHITECTURE A MINIMUMOF 6" BEYOND EXISTING WINDOW.CONTRACTOR SHALL PROVIDE GCFI OUTLET FOR POWER TO SAUNA.OUTLET TO BE LOCATED ON BACKSIDE OF RETAINING WALL. ALL WIRESTO BE HIDDEN WITHIN GRAVEL BED.PROPOSED CONCRETE BAND SHALL HAVE MINIMAL IMPACT ONEXISTING TREE ROOT ZONE.ONLY RUN GAPS BETWEEN PAVERS, ELIMINATE SECONDARY GAPSALLOW A MIN. OF 6' FROM TREE UNDISTURBED BY WALL FOOTER.C1C2C3C4C5C6C7C8C9C10M01.1 - REGULAR GRAY CONCRETE WITHLIGHT BROOM FINISHM02 - BLUEGRASS SOD LAWN WITH 100%COVERAGE SPRAY IRRIGATIONM03 - WOOD MULCH/PLANTING BEDM04 - 2"-3" LAYER OF 38" CRUSHED IRREGULARBLACK GRANITEM05 - 2"-3" LAYER OF 34" CRUSHED IRREGULARBLACK GRANITEM06 - COBBLESTONE ROCKM07 - ARKANSAS VALLEY SEED NATIVEWONDER SEED MIX WITH 70% COVERAGESPRAY IRRIGATIONM08 - STONE UNIVERSE JUMBO GRAY MISTBLUESTONE PAVER - ASHLAR PATTERNM09 - 4" WIDE IPE WOOD DECKINGM10 - COOPER STONE CORDOVA CREAMSTONE VENEERM01.2 - REGULAR GRAY CONCRETE WITHSANDSCAPE FINISH811 CALL 2 BUSINESS DAYS IN ADVANCEBEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUNDMEMBER UTILITIESCALL UTILITY NOTIFICATION CENTER OF COLORADODRAWN BY:SHEET NO.:SHEET TITLE:DATE:CHECKED BY:BKRBALPINE AVENUE 1951 ALPINE AVE, BOULDER, CO 80304ISSUE:DATE:1200 BANNOCK ST.DENVER, COLORADO80204303.600.8795rdesignstudios.coml a n d s c a p e a r c h i t e c t u r ep l a n n i n g + u r b a n d e s i g nPARCEL #:14633011402MARCH 10, 2023NOT FORCONSTRUCTIONDRAFT SETSETBACK PLANL200 SETBACK PLAN1" = 10' - 0"010NORTH20SYMBOLS LEGENDPROPERTY LINEEASEMENT LINEALPINE AVEEXISTINGRESIDENCETYLER ROAD02SHEET NOTES:GENERAL NOTES:CRITICAL SHEET NOTES:MATERIALS LEGEND0301025' ACCESSORY STRUCTURE SIDE SETBACK(INTERIOR LOT LINE) - 15' COMBINED040312.5' ACCESSORYSTRUCTURE FRONT SETBACK10' ACCESSORY STRUCTURE SIDE SETBACK(INTERIOR LOT LINE) - 15' COMBINED3' ACCESSORY STRUCTUREREAR SETBACKPacket from April 11, 2023 BOZA Hearing SAUNA SPECIFICATIONS& IMAGERYL300811 CALL 2 BUSINESS DAYS IN ADVANCEBEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUNDMEMBER UTILITIESCALL UTILITY NOTIFICATION CENTER OF COLORADODRAWN BY:SHEET NO.:SHEET TITLE:DATE:CHECKED BY:BKRBALPINE AVENUE 1951 ALPINE AVE, BOULDER, CO 80304ISSUE:DATE:1200 BANNOCK ST.DENVER, COLORADO80204303.600.8795rdesignstudios.coml a n d s c a p e a r c h i t e c t u r ep l a n n i n g + u r b a n d e s i g nPARCEL #:14633011402MARCH 10, 2023NOT FORCONSTRUCTIONDRAFT SET03EXISTING SAUNA IMAGERY02SAUNA SPECIFICATIONS - Cedar+Stone Nordic Sauna01CONCEPTUAL PERSPECTIVE IMAGERY - Cedar+Stone Nordic SaunaSCALE: N.T.SPacket from April 11, 2023 BOZA Hearing 01020304EXISTING TREE TO REMAIN, TYP.EXISTING RETAINING WALLRE: SHEET L4006'X11' SAUNA (BY OTHERS)RE: SHEET L300GFCI OUTLET LOCATION01020304THIS IS A CONCEPTUAL LANDSCAPE PLAN ONLY. ALLDIMENSIONS AND EDGES ARE FOR GENERALREFERENCE ONLY AND WILL NEED TO BE FIELDVERIFIED WITH EXISTING SITE MEASUREMENTS,ALIGNMENT, AND DIMENSIONS OF PROPOSED PATIOS,WALKWAYS, DOORS, AND STRUCTURES. ALIGNINGEDGES OF PATIOS AND WALKWAYS WITH PROPOSEDEDGES IS MORE IMPORTANT THAT ACTUALDIMENSIONS ON THIS PLAN. LAYOUT MUST BE FIELDVERIFIED. CONTACT LANDSCAPE ARCHITECT WITHANY DISCREPANCIES.ANY SPOT ELEVATIONS ON THIS PLAN ARECONCEPTUAL ONLY. ANY FINAL GRADING ORDRAINAGE SHALL BE PROVIDED BY A CIVILENGINEER, IF REQUIRED. R DESIGN IS NOT LIABLEFOR ANYTHING CONSTRUCTED BY REFERENCINGTHESE PLANS. THE CONTRACTOR SHALL FIELDVERIFY ALL GRADES AND MEASUREMENTS ON SITE.NOTIFY LANDSCAPE ARCHITECT OF ANYDISCREPANCIES.ALL LAYOUT AND GRADING SHALL BE INCONFORMANCE WITH ANY AND ALL CITY ORMUNICIPAL REQUIREMENTS. THE CONTRACTOR ISRESPONSIBLE TO VERIFY ALL DRAINAGE, LAYOUT,SETBACK OR EASEMENT REQUIREMENTS PRIOR TOINSTALLATION. R DESIGN IS NOT RESPONSIBLE FORANYTHING CONSTRUCTED BASED UPON THESEPLANS.PROVIDE MINIMUM SLOPES AS REQUIRED ON ALLHARDSCAPE SURFACES. WOOD DECKING IS TOREMAIN LEVEL ACROSS AS IT IS CONSIDERED APERVIOUS STRUCTURE. PROVIDE MINIMUM SLOPESAS REQUIRED UNDER DECKING STRUCTURE .CONFIRM SLOPES WITH A CIVIL ENGINEER BEFORECONSTRUCTION. ANY CLARIFICATION SHALL BECONFIRMED BY A LICENSED CIVIL ENGINEER ANDAPPROVED BY THE LANDSCAPE ARCHITECT PRIORTO INSTALLATION.CONTRACTOR IS RESPONSIBLE FOR CONFIRMING THE EXTENTS OF ALLLANDSCAPE ELEMENTS PROPOSED FOR REMOVAL WITH THELANDSCAPE ARCHITECT OR OWNER PRIOR TO CONSTRUCTION.CONTRACTOR IS RESPONSIBLE FOR THE PRESERVATION OF ALLEXISTING TREES TO REMAIN IN ACCORDANCE WITH THE CITY OFBOULDER TREE PRESERVATION GUIDELINES.ANY CONCERN WITH EXISTING TREE HEALTH SHALL BE BROUGHT TOTHE ATTENTION OF THE LANDSCAPE ARCHITECT IMMEDIATELY UPONDISCOVERY.CONTRACTOR SHALL CONFIRM EXTENTS OF EXISTING TREES TO BELIMBED UP WITH LANDSCAPE ARCHITECT PRIOR TO REMOVAL.REFER TO STRUCTURAL PLAN AND DETAILS FOR ADDITIONALINFORMATION ON PROPOSED WALLS.SOUTH FACE OF WALL SHALL ALIGN WITH ARCHITECTURE A MINIMUMOF 6" BEYOND EXISTING WINDOW.CONTRACTOR SHALL PROVIDE GCFI OUTLET FOR POWER TO SAUNA.OUTLET TO BE LOCATED ON BACKSIDE OF RETAINING WALL. ALL WIRESTO BE HIDDEN WITHIN GRAVEL BED.PROPOSED CONCRETE BAND SHALL HAVE MINIMAL IMPACT ONEXISTING TREE ROOT ZONE.ONLY RUN GAPS BETWEEN PAVERS, ELIMINATE SECONDARY GAPSALLOW A MIN. OF 6' FROM TREE UNDISTURBED BY WALL FOOTER.C1C2C3C4C5C6C7C8C9C10M01.1 - REGULAR GRAY CONCRETE WITHLIGHT BROOM FINISHM02 - BLUEGRASS SOD LAWN WITH 100%COVERAGE SPRAY IRRIGATIONM03 - WOOD MULCH/PLANTING BEDM04 - 2"-3" LAYER OF 38" CRUSHED IRREGULARBLACK GRANITEM05 - 2"-3" LAYER OF 34" CRUSHED IRREGULARBLACK GRANITEM06 - COBBLESTONE ROCKM07 - ARKANSAS VALLEY SEED NATIVEWONDER SEED MIX WITH 70% COVERAGESPRAY IRRIGATIONM08 - STONE UNIVERSE JUMBO GRAY MISTBLUESTONE PAVER - ASHLAR PATTERNM09 - 4" WIDE IPE WOOD DECKINGM10 - COOPER STONE CORDOVA CREAMSTONE VENEERM01.2 - REGULAR GRAY CONCRETE WITHSANDSCAPE FINISH811 CALL 2 BUSINESS DAYS IN ADVANCEBEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUNDMEMBER UTILITIESCALL UTILITY NOTIFICATION CENTER OF COLORADODRAWN BY:SHEET NO.:SHEET TITLE:DATE:CHECKED BY:BKRBALPINE AVENUE 1951 ALPINE AVE, BOULDER, CO 80304ISSUE:DATE:1200 BANNOCK ST.DENVER, COLORADO80204303.600.8795rdesignstudios.coml a n d s c a p e a r c h i t e c t u r ep l a n n i n g + u r b a n d e s i g nPARCEL #:14633011402MARCH 10, 2023NOT FORCONSTRUCTIONDRAFT SETSAUNASITE PLANSAUNA SITE PLAN1" = 10' - 0"010NORTH20SYMBOLS LEGENDPROPERTY LINEEASEMENT LINEALPINE AVEEXISTINGRESIDENCEL400SHEET NOTES:GENERAL NOTES:CRITICAL SHEET NOTES:MATERIALS LEGENDTYLER ROAD9'-2"10'-6"3'-0"6'-3"3'-6"0102010403Packet from April 11, 2023 BOZA Hearing 010203040506070809101112131415161718192021222324LIMITS OF WORKCONCRETE DRIVE TO BE REMOVEDCONCRETE SIDEWALK TO REMAINEXISTING UTILITY TO BE RELOCATED - FIELD LOCATEWITH LANDSCAPE ARCHITECTEXISTING TREE TO REMAIN, TYP.REAR LANDSCAPE TO REMAINFLOATING STEPS - STONE (M08)CONCRETE WALL WITH STONE VENEER (M10)BLACK HORIZONTAL STEEL SPINDLE FENCEWOOD PRIVACY FENCEFENCE GATENEW CONCRETE PLANK DRIVEWAY (M01)FLOATING STEPS - CONCRETE (M01)CONCRETE PAD (M01)12" RAISED STEEL VEGETABLE GARDEN2"X1" STEEL HANDRAILSTONE PAVING - MORTAR SET (M08)18" HT. STEEL BASE BENCH W/WOOD DECKING (M09)SAUNA ON CONCRETE PIERS (BY OTHERS)STEEL BLADE RETAINING WALLSTONE STEPPING PAD (M08)STEEL EDGING, TYP.CONCRETE BAND (M01)STONE SLAB STEP (M11)01020304THIS IS A CONCEPTUAL LANDSCAPE PLAN ONLY. ALLDIMENSIONS AND EDGES ARE FOR GENERALREFERENCE ONLY AND WILL NEED TO BE FIELDVERIFIED WITH EXISTING SITE MEASUREMENTS,ALIGNMENT, AND DIMENSIONS OF PROPOSED PATIOS,WALKWAYS, DOORS, AND STRUCTURES. ALIGNINGEDGES OF PATIOS AND WALKWAYS WITH PROPOSEDEDGES IS MORE IMPORTANT THAT ACTUALDIMENSIONS ON THIS PLAN. LAYOUT MUST BE FIELDVERIFIED. CONTACT LANDSCAPE ARCHITECT WITHANY DISCREPANCIES.ANY SPOT ELEVATIONS ON THIS PLAN ARECONCEPTUAL ONLY. ANY FINAL GRADING ORDRAINAGE SHALL BE PROVIDED BY A CIVILENGINEER, IF REQUIRED. R DESIGN IS NOT LIABLEFOR ANYTHING CONSTRUCTED BY REFERENCINGTHESE PLANS. THE CONTRACTOR SHALL FIELDVERIFY ALL GRADES AND MEASUREMENTS ON SITE.NOTIFY LANDSCAPE ARCHITECT OF ANYDISCREPANCIES.ALL LAYOUT AND GRADING SHALL BE INCONFORMANCE WITH ANY AND ALL CITY ORMUNICIPAL REQUIREMENTS. THE CONTRACTOR ISRESPONSIBLE TO VERIFY ALL DRAINAGE, LAYOUT,SETBACK OR EASEMENT REQUIREMENTS PRIOR TOINSTALLATION. R DESIGN IS NOT RESPONSIBLE FORANYTHING CONSTRUCTED BASED UPON THESEPLANS.PROVIDE MINIMUM SLOPES AS REQUIRED ON ALLHARDSCAPE SURFACES. WOOD DECKING IS TOREMAIN LEVEL ACROSS AS IT IS CONSIDERED APERVIOUS STRUCTURE. PROVIDE MINIMUM SLOPESAS REQUIRED UNDER DECKING STRUCTURE .CONFIRM SLOPES WITH A CIVIL ENGINEER BEFORECONSTRUCTION. ANY CLARIFICATION SHALL BECONFIRMED BY A LICENSED CIVIL ENGINEER ANDAPPROVED BY THE LANDSCAPE ARCHITECT PRIORTO INSTALLATION.CONTRACTOR IS RESPONSIBLE FOR CONFIRMING THE EXTENTS OF ALLLANDSCAPE ELEMENTS PROPOSED FOR REMOVAL WITH THELANDSCAPE ARCHITECT OR OWNER PRIOR TO CONSTRUCTION.CONTRACTOR IS RESPONSIBLE FOR THE PRESERVATION OF ALLEXISTING TREES TO REMAIN IN ACCORDANCE WITH THE CITY OFBOULDER TREE PRESERVATION GUIDELINES.ANY CONCERN WITH EXISTING TREE HEALTH SHALL BE BROUGHT TOTHE ATTENTION OF THE LANDSCAPE ARCHITECT IMMEDIATELY UPONDISCOVERY.CONTRACTOR SHALL CONFIRM EXTENTS OF EXISTING TREES TO BELIMBED UP WITH LANDSCAPE ARCHITECT PRIOR TO REMOVAL.REFER TO STRUCTURAL PLAN AND DETAILS FOR ADDITIONALINFORMATION ON PROPOSED WALLS.SOUTH FACE OF WALL SHALL ALIGN WITH ARCHITECTURE A MINIMUMOF 6" BEYOND EXISTING WINDOW.CONTRACTOR SHALL PROVIDE GCFI OUTLET FOR POWER TO SAUNA.OUTLET TO BE LOCATED ON BACKSIDE OF RETAINING WALL. ALL WIRESTO BE HIDDEN WITHIN GRAVEL BED.PROPOSED CONCRETE BAND SHALL HAVE MINIMAL IMPACT ONEXISTING TREE ROOT ZONE.ONLY RUN GAPS BETWEEN PAVERS, ELIMINATE SECONDARY GAPSALLOW A MIN. OF 6' FROM TREE UNDISTURBED BY WALL FOOTER.C1C2C3C4C5C6C7C8C9C10M01.1 - REGULAR GRAY CONCRETE WITHLIGHT BROOM FINISHM02 - BLUEGRASS SOD LAWN WITH 100%COVERAGE SPRAY IRRIGATIONM03 - WOOD MULCH/PLANTING BEDM04 - 2"-3" LAYER OF 38" CRUSHED IRREGULARBLACK GRANITEM05 - 2"-3" LAYER OF 34" CRUSHED IRREGULARBLACK GRANITEM06 - COBBLESTONE ROCKM07 - ARKANSAS VALLEY SEED NATIVEWONDER SEED MIX WITH 70% COVERAGESPRAY IRRIGATIONM08 - STONE UNIVERSE JUMBO GRAY MISTBLUESTONE PAVER - ASHLAR PATTERNM09 - 4" WIDE IPE WOOD DECKINGM10 - COOPER STONE CORDOVA CREAMSTONE VENEERM01.2 - REGULAR GRAY CONCRETE WITHSANDSCAPE FINISHOVERALLSITE PLANL500OVERALL SITE PLAN1" = 10' - 0"010NORTH20SYMBOLS LEGENDPROPERTY LINEEASEMENT LINE811 CALL 2 BUSINESS DAYS IN ADVANCEBEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUNDMEMBER UTILITIESCALL UTILITY NOTIFICATION CENTER OF COLORADODRAWN BY:SHEET NO.:SHEET TITLE:DATE:CHECKED BY:BKRBALPINE AVENUE 1951 ALPINE AVE, BOULDER, CO 80304ISSUE:DATE:1200 BANNOCK ST.DENVER, COLORADO80204303.600.8795rdesignstudios.coml a n d s c a p e a r c h i t e c t u r ep l a n n i n g + u r b a n d e s i g nPARCEL #:14633011402MARCH 10, 2023NOT FORCONSTRUCTIONDRAFT SETSHEET NOTES:GENERAL NOTES:CRITICAL SHEET NOTES:MATERIALS LEGENDALPINE AVEEXISTINGRESIDENCE06021123, 0901011113141508, 090122210717091618091419071608, 0920032011171205040824Packet from April 11, 2023 BOZA Hearing L600811 CALL 2 BUSINESS DAYS IN ADVANCEBEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUNDMEMBER UTILITIESCALL UTILITY NOTIFICATION CENTER OF COLORADODRAWN BY:SHEET NO.:SHEET TITLE:DATE:CHECKED BY:BKRBALPINE AVENUE 1951 ALPINE AVE, BOULDER, CO 80304ISSUE:DATE:1200 BANNOCK ST.DENVER, COLORADO80204303.600.8795rdesignstudios.coml a n d s c a p e a r c h i t e c t u r ep l a n n i n g + u r b a n d e s i g nPARCEL #:14633011402MARCH 10, 2023NOT FORCONSTRUCTIONDRAFT SET3D PERSPECTIVEIMAGERY02CONCEPTUAL PERSPECTIVE IMAGERY - FROM SIDEWALKSCALE: N.T.S- FROM TYLER LOOKING NORTHEAST -- FROM TYLER LOOKING NORTH -- FROM ALPINE LOOKING NORTH -- FROM ALPINE LOOKING NORTHWEST -01CONCEPTUAL PERSPECTIVE IMAGERY - OVERALL SITESCALE: N.T.S SAUNA SAUNA SAUNA SAUNAPacket from April 11, 2023 BOZA Hearing L601811 CALL 2 BUSINESS DAYS IN ADVANCEBEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUNDMEMBER UTILITIESCALL UTILITY NOTIFICATION CENTER OF COLORADODRAWN BY:SHEET NO.:SHEET TITLE:DATE:CHECKED BY:BKRBALPINE AVENUE 1951 ALPINE AVE, BOULDER, CO 80304ISSUE:DATE:1200 BANNOCK ST.DENVER, COLORADO80204303.600.8795rdesignstudios.coml a n d s c a p e a r c h i t e c t u r ep l a n n i n g + u r b a n d e s i g nPARCEL #:14633011402MARCH 10, 2023NOT FORCONSTRUCTIONDRAFT SET3D PERSPECTIVEIMAGERY01CONCEPTUAL PERSPECTIVE IMAGERY - OVERALL EXTERIOR VIEWSSCALE: N.T.S02SUPPORTIVE NEIGHBORS LOCATION MAPSCALE: N.T.S1951 ALPINE AVE- FROM TYLER LOOKING NORTHEAST -- FROM TYLER LOOKING NORTH -- FROM ALPINE LOOKING NORTH -- FROM ALPINE LOOKING NORTHWEST -THIS PROPERTY OWNER IS INSUPPORT OF PROPOSEDVARIANCE AND WILLING TOPROVIDE WRITTENDOCUMENTATIONPROJECT SITETHIS PROPERTY OWNER IS INSUPPORT OF PROPOSEDVARIANCE AND WILLING TOPROVIDE WRITTENDOCUMENTATIONTHIS PROPERTY OWNER IS INSUPPORT OF PROPOSEDVARIANCE AND WILLING TOPROVIDE WRITTENDOCUMENTATIONSAUNASAUNASAUNA SAUNAPacket from April 11, 2023 BOZA Hearing Packet from April 11, 2023 BOZA Hearing Packet from April 11, 2023 BOZA Hearing Packet from April 11, 2023 BOZA Hearing Packet from April 11, 2023 BOZA Hearing Revised September 2022 400.pdf City of Boulder Planning and Development Services 1739 Broadway, Third Floor • PO Box 791 • Boulder, CO 80306 Phone: 303-441-1880 • Web: boulderplandevelop.net BOARD OF ZONING ADJUSTMENT (BOZA) VARIANCE APPLICATION APPLICATION DEADLINE IS THE SECOND MONDAY OF EACH MONTH. MEETING DATE IS 4:00 P.M. ON THE SECOND TUESDAY 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 floor area existing:*Total floor area proposed: *Total building coverage existing:*Total 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: 2 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) ❑ Fence and Wall Variance (BRC 9-9-15) 3 APPLICATION REQUIREMENTS All variance applications are electronic submittal and review. Visit the Planning & Development Services Online Center for additional information & guidance on the application process and how to apply. As a minimum, the following items MUST ultimately be provided for an application to be considered complete: • A completed and signed BOZA Application Form; • If applicant is other than owner(s), a written consent of the owner(s) of the property for which the variance is requested; • A detailed written statement thoroughly describing the variance request(s) and addressing all pertinent review criteria for approval - see following pages; • A signed and stamped Improvement Location Certificate or Site Improvement Survey and legal description by a registered surveyor; • A site development plan including setbacks, building elevations, interior layout/floor plans and any other pertinent exhibits; • A demolition plan clearly differentiating between existing/remaining and proposed portions of the structure(s); • Any other information pertinent to the variance request (e.g. neighbor letters, photos, historic records/approvals, renderings, etc.); • Sign Posting Acknowledgement Form - see following page. NOTE: The applicant is responsible for posting the property in compliance with city requirements. Obtaining sign(s) will be messaged to an applicant once it has been placed on an agenda. 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. • 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__________ 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. Julie C. Pellerin, 745 35th Street, Boulder , CO 80303 BOZA Boulder, 05/05/2023 Board of Zoning Adjustment, Boulder I kindly request a variance from the current regulation governing required parking space at my house at 745 35th Str, Boulder, CO 80303. Previously, an attached carport had been modiﬁed to a garage, attached to my house. The garage is somewhat small for a vehicle, rendering this space to a storage rather than its intended use. WIth no fault of her own, my mother has re- cently been displaced from her home in Florida and is currently staying with me as a guest. I am a single mother on a very limited budget and I am a mother to two beautiful daughters who attend middle and high school at the moment, both are living with me full-time. While I was awarded child support, payments ceased many years ago. There is enough love and room to host my mother, but it would make our living situation as a multi generation family so much more bearable if the Board of Zoning Adjustment would allow the conversion of this attached garage to living space. I do appreciate the fact that I am requesting to deviate from current re- gulations and would like to bring the following forward for your kind consideration: As mentio- ned, I am on an extremely limited budget and therefore, my family shares one family vehicle. Hence, only one car would be parked in the current driveway as per the attached drawing titled „Previous application“. Parking a car in said driveway would under no circumstances protrude into the sidewalk of 35th street. The minimum requirement of available parking in the existing concrete driveway exceeds the 19x9 feet requirement. (1) Physical Conditions or Disability   (A) There are:   (i) 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; Answer: The person for which this garage conversion is intended is elderly and frequently uses a walker. If access to the garage conversion had to be achieved from the other (north) side of the property, she would have to cope with the sloping terrain. Further, the tree in front of the house prohibits a direct access to the main entrance and would require her to go around that.   and   (B) The unusual circumstances or conditions do not exist throughout the neighborhood or zoning district in which the property is located;     Answer: This correct for 745 35th street. The old Maple tree in front of the house is unique, neighbouring lots do not have this issue. As can be seen in h (1) B, the car can only be parked in the front yard. The unusual condition for this lot has not enough room to park a vehicle either in the back or on the side of the house, as requirements of side setbacks prohibit this.     and     (C) Because of such physical circumstances or conditions the property cannot reasonably be developed in conformity with the provisions of this chapter;     Answer: Pic(1) below shows the front of 745 35th Street. On the left of the house is the driveway which I would like to keep in its current location. On the left is the garage that is the scope of this variance request. With the neighbors lot the right ( north) side of my property, there is not enough room to move the driveway to the north side of the property to maintain setback. Further, the tall Maple tree would be too close to a moved driveway on the north side.     Further, an inquiry was made to inquire about the feasibilty of moving the driveway to avoid a request for a variance.   I was informed that my Request # 114913 revealed that:     „Staff has reviewed your variance request and the feasibility of relocating the driveway to the north end of the property. Boulder does require an access spacing width of 7.5 feet from the adjacent property line and the required minimum driveway width of 9 feet would create a conﬂict, relocation the driveway to the north would not be feasible.“ Pic(1)            A drawing from a previous permit shows permanent structures and their relation to the lot Pic(2) .   Picture (2). Previous Application.( full drawing has been submitted through CSS). This shows the lot boundaries in relation to permanent structures. This clariﬁes why alternate parking space can’t be planned neither on the side of the house, nor in the backyard. (D) Any unnecessary hardship has not been created by the applicant.     Answer: By leaving the driveway in its current location, no hardship for adjacent neighbors or community are created.   Please ﬁnd the attached letter to my neighbors, They are all in favor of my project.     The garage conversion is required for the reasons explained above. Moving my mother into my house means I am taking care of her elderly housing needs. My Mother is on a small pension and an elderly home is simply not affordable for us. By providing family based elderly support, we are providing services that otherwise would have put a strain on the social services system.     As far as creating a hardship that has to be carried by the community, I would like to point out, that there are several garage conversions in the immediate neighborhood on 35th street alone.     I am adding a picture of such a conversion. It can be argued that the conversion is hardly visible and does not add any inconvenience to the neighborhood whatsoever.           This is a view from 35th Street on 815 35th street. The footprint of this house is identical to 745 35th street and in this case the garage has simply become a part of the house.     This answers the question of whether the change is overburdening the neighborhood or require an unjustiﬁed large variance from existing rules. (2) Energy Conservation   (A) The variance will permit construction of an addition to a building that was constructed on or before January 1, 1983;     Answer : Yes.     (B) The proposed addition will be an integral part of the structure of the building;     Answer : Yes, the garage is an integral part of the building.       (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.    Answer : This is true for this project as the garage conversion does not alter the solar footprint at all. Please see Pic(2) for a satellite view.    Pic(2) : satellite view of 745 35th Street. driveway on the left side of the house leads up to the garage space that I would like to convert to living space. As can be seen, this conversion has no impact on the solar footprint. (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.     Answer : The property , 745 35th street is not in a historic district nor is it a landmark.     (5) Requirements for All Variance Approvals     (A) Would not alter the essential character of the neighborhood or district in which the lot is located;     Answer : As shown in Pic(1), converting the attached garage to living space would not alter the appearance of the house at all. This is especially true if the driveway is left on the side where it is currently located and the variance is granted as requested.     (B) Would not substantially or permanently impair the reasonable use and enjoyment or development of adjacent property;     Answer : The conversion of the garage to living space would not impair the use and enjoyment of adjacent property at all. Please ﬁnd the attached statement of immediate neighbors who all welcome the idea and are furthermore supporting creating a multi generation living space.       (C) Would be the minimum variance that would afford relief and would be the least modiﬁcation of the applicable provisions of this title; Answer : Leaving the driveway in its current setting would be the minimum variance possible, with literally no impact on neighbors, the solar situation or burden to neighbors.   Please refer to the letter below - my immediate neighbors support this project and would impact their daily lives whatsoever. and   (D) Would not conﬂict with the provisions of Section 9-9-17, "Solar Access," B.R.C.1981.     Answer : As can be seen in Pic(1) , converting the garage does not change the shadow footprint and / or the solar access or neither, the property on 745 35th street nor the adjacent properties. I hope that the committee ﬁnds that this variance has the least impact on both, neighbors and current regulations as well the character of the neighborhood. Thank you very much Julie C. Pellerin Attachment: ( Immediate neighbours responses to the garage project)   1 BOARD OF ZONING ADJUSTMENT MEMORANDUM TO: Board of Zoning Adjustment FROM: Brad Mueller, Director of Planning & Development Services Charles Ferro, Senior Planning Manager Karl Guiler, Senior Policy Advisor Lisa Houde, Senior City Planner DATE: June 13, 2023 SUBJECT: Accessory Dwelling Unit Adopted Ordinance Overview EXECUTIVE SUMMARY On May 4, City Council adopted Ordinance 8571, which updates the regulations for accessory dwelling units or ADUs. The purpose of this item to update the Board of Zoning Adjustment on the adopted ordinance. City Council identified updating the ADU regulations to increase their allowance in the community as one of their top work program priorities for 2022-2023. The ordinance was limited to changing regulations related to the ADU saturation limit, size limits, as well as code simplification and clarification. In addition, the ordinance changes will facilitate process improvements to further simplify the administration of ADU applications. The ordinance will go into effect on September 1, 2023. BACKGROUND Staff met with BOZA on February 14 to provide an overview of the current ADU approval process and discuss the potential code changes. The Board of Zoning Adjustment was supportive of removing the saturation limit, increasing the size limits, and all of the code clarification and process improvements. The discussion focused primarily on the changes to size limits as BOZA reviews floor area variances for ADUs. Overall, BOZA noted no major concerns and considered the changes to have limited impact to BOZA. 2 SUMMARY OF ORDINANCE 8571 The adopted ordinance focused on four main focus areas listed below. Attachment A includes more detail on each of the changes, and the full ordinance language can be found in Attachment B. • Eliminating saturation limit • Considering changes to size limits • Clarifying and simplifying the code • Extend approval expiration period • Flexibility for height of existing structures • Lockable separation of attached ADUs • Limited accessory units • Owner occupancy – LLCs and temporary rental exemptions • Public notice requirement • Improving the process • One-step review • Addressing • Declarations of use • Self-service handouts/videos SIZE LIMITS As BOZA reviews all floor area variances for ADUs, the background and analysis related to the size limit changes is included below. Background The City Council’s objective for the ADU regulation update work program priority was to increase the allowance of ADUs in the community. In the 2022 evaluation of the most recent changes, it was concluded that increasing the allowed size of detached ADUs from 450 square feet to 550 square feet had a significant impact on the ADUs created since the most recent code updates. No change was made to the allowable size of attached ADUs in the previous update. Comparable Cities There is significant variability among comparable cities that limit the size of ADUs. Generally, a typical maximum size is about 800 square feet. Maximum sizes tend to be smaller in Colorado cities, however, although still range between about 500 and 1,000 square feet. Evaluation Results Over three-quarters of the detached ADUs that were constructed since 2019 would not have previously been permitted due to maximum floor area. Modifying the allowed square footage by only 100 square feet made arguably the most significant change in the number of ADUs allowed. These ADUs were still subject to all of the typical zoning 3 requirements that ensure compatible residential development, such as solar access, interior side wall articulation, bulk plane, and building coverage requirements. Many of these standards vary based on the lot size as well, which also impacts how large of an ADU a particular lot can accommodate. In addition, while completing the evaluation, the measurement of ADU floor area was one of the most frequently cited issues and least clear parts of the current code language. Removing the unique method of measuring floor area for ADUs from the code would significantly reduce review time and increase clarity for both applicants and city staff. Analysis Further increasing the allowed floor area of ADUs could allow for more ADUs to be constructed in Boulder as there may be greater demand for slightly larger ADUs and potentially greater return on investment for property owners. As noted in some of the public input received, an increased size could also allow for additional types of households, such as small families, to find ADUs a feasible housing choice. The original intent of the size limit for attached ADUs was to ensure that the accessory dwelling unit is smaller in size and therefore subordinate to the main home. The current requirement of 1/3 of the principal structure presents challenges for people with homes smaller than 3,000 square feet. The size restriction in some cases leads to impractical and costly remodeling work such as walling off portions of a basement to meet the size limit. A limit of 1/2 or 1,000 square feet (whichever is less) would still ensure that the ADU remains smaller than the principal structure, but would provide more flexibility for adaptive reuse of smaller homes. Homes up to 2,000 square feet could have an ADU up to half the size of the principal structure, and those larger than 2,000 square feet would be limited to a 1,000 square foot attached ADU. Correspondingly, to preserve the existing incentive for owners to pursue affordable units, the maximum size of affordable ADUs would also need to be increased (up to 1,000 square feet for detached, and two-thirds or 1,200 square feet for attached). In the 2022 survey of ADU owners, about one-quarter of owners who pursued an affordable ADU stated that they did so due to the incentive allowing a larger ADU. Past Public Input The initial staff recommendation during the 2018 ADU update was to increase the permitted size of detached ADUs from 450 square feet to 800 square feet. Ultimately, the maximum size of detached ADUs was increased to 550 square feet. For attached ADUs, the original staff proposal in 2018 was to increase the size limit from 1/3 of the principal structure or 1,000 square feet to ½ of the principal structure or 1,000 square feet. This change was not ultimately adopted, and the limit remains 1/3 of the principal structure or 1,000 square feet for attached ADUs. However, in a questionnaire of nearly 200 residents at the time of the 2018 update, a majority of respondents (62%) supported the change, and about one-quarter of those respondents indicated they would support increasing the limit even further. To help visualize the size differences, staff compiled photos of a variety of the ADUs that have been approved and constructed since 2019 in Attachment C. These photos include 4 several ADUs that were approved around 800 square feet for detached ADUs and between 1,000 and 1,200 for attached ADUs, by either utilizing the increased size limit incentive for affordable ADUs or by receiving a variance approval from the Board of Zoning Adjustment. Ordinance 8571 modifies the maximum size of ADUs as shown in the following table: ADU Type Current Size Limit Proposed Size Limit Attached 1/3 of principal unit or 1,000 square feet, whichever is less 1/2 of principal unit or 1,000 square feet, whichever is less Detached 550 square feet 800 square feet Affordable Attached 1/2 of principal unit or 1,000 square feet, whichever is less 2/3 of principal unit or 1,200 square feet, whichever is less Affordable Detached 800 square feet 1,000 square feet Historic Attached 1/2 of principal unit or 1,000 square feet, whichever is less 2/3 of principal unit or 1,200 square feet, whichever is less Historic Detached 1,000 square feet 1,000 square feet NEXT STEPS Staff is currently working on the associated process improvements to streamline ADU applications and implement the ordinance changes in preparation for the effective date of September 1. ATTACHMENTS Attachment A: Ordinance 8571 Summary Attachment B: Adopted Ordinance 8571 Attachment C: Photos of Recent ADUs in Boulder Ordinance 8571 Summary ACCESSORY DWELLING UNIT REGULATIONS Background The City Council identified updating the accessory dwelling unit (ADU) regulations as one of their top work program priorities for 2022-2023. The objective of the project is to increase the allowance of ADUs in the community. The scope of the project includes: •Eliminating the saturation limit in the RL-1 and RL-2 zoning districts •Considering changes to the ADU size limits •Clarifying and simplifying the code •Improving the approval process Saturation Limit Remove the current restriction that limits ADUs in the RL- 1 and RL-2 zoning districts to only 20% of properties within a 300 foot radius. Clarification & Simplification Staff completed an evaluation of the most recent update to the ADU regulations and identified several opportunities for clarification and simplification of the ADU regulations, including: •Facilitate a one-step review of ADUs at time of building permit by changing ADUs from a conditional use to an allowed use subject to specific use standards •Expedite review by removing required notice to adjacent properties •Provide flexibility of height requirement for existing structures to be adaptively reused as an ADU •Clarify need for lockable separation of attached ADUs •Remove underutilized limited accessory unit type •Clarify requirements for owner occupancy regarding limited liability companies and temporary rental license exemptions Size Limits Increase the allowable size of ADUs and remove the unique floor area definition for ADUs. The new size limits would be: •Detached: 800 square feet. •Attached: 1/2 of the principal structure or 1,000 square feet, whichever is less. •Affordable or Historic Detached: 1,000 square feet. •Affordable or Historic Attached: 2/3 of the principal structure or 1,200 square feet, whichever is less. Process Improvements Aside from revised ordinance changes, additional improvements to the process will be implemented. These procedural changes will facilitate the one-step review made possible through the code changes, as well as the timing of address changes, and creating helpful self- service handouts and videos for the city website. Attachment A - Ordinance Summary K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE 8571 AN ORDINANCE AMENDING SECTION 4-20-18, “RENTAL LICENSE FEE,” TITLE 9, “LAND USE CODE,” AND TITLE 10 “STRUCTURES,” B.R.C. 1981, UPDATING THE REGULATIONS FOR ACCESSORY DWELLING UNITS; AND SETTING FORTH RELATED DETAILS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. Section 4-20-18, “Rental License Fee,” B.R.C. 1981, is amended to read as follows: The following fees shall be paid before the city manager may issue a rental license or renew a rental license: (a) Dwelling and Rooming Units: $190 per building. (b) Accessory Dwelling Units: $190 per unit. . . . Section 2. Section 9-2-3, “Variances and Interpretations,” B.R.C. 1981, is amended to read as follows: . . . (d) Board of Zoning Adjustment (BOZA): The BOZA may grant variances from the requirements of: . . . (6) The size requirements for accessory dwelling units of Subsection 9-6-3(n), B.R.C. 1981; . . . (i) Floor Area Variances for Accessory Dwelling Units: The BOZA may grant a variance to the maximum floor area allowed for an attached accessory dwelling unit or for a detached K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 accessory dwelling unit under Subsection 9-6-3(n), B.R.C. 1981, only if it finds that the application satisfies all of the following applicable requirements of either Subparagraph (i)(1) or (i)(2): . . . (2) Unusual Physical Conditions: (A) That there are unusual physical circumstances or conditions in the design of the existing structure the accessory dwelling unit would be in, including without limitation the thickness of exterior walls or framing, that affect the total allowed interior floor area of the accessory dwelling unit; . . . (E) That the accessory dwelling unit would be clearly incidental to the principal dwelling unit. . . . Section 3. Line 4 of Table 4-2: Public Notice Options in Section 9-4-3, “Public Notice Requirements,” B.R.C. 1981, is amended to read as follows: (a) Process and Options: When a process or procedure identified in this title requires public notice, the city manager shall provide such notice according to Table 4-2 of this section. If a code section does not reference a specific method, the city manager shall determine the most appropriate notification method to be used. TABLE 4-2: PUBLIC NOTICE OPTIONS Public Notice Type Type of Application, Meeting or Hearing Mailed Notice Posted Notice 4 Solar exceptions, solar access permits, accessory units To adjacent property owners a minimum of 10 days before final action Post property a minimum of 10 days from receipt of application and prior to final action or any hearing . . . Section 4. The Accessory dwelling unit line under “Residential Uses” of Table 6-1: Use Table in Section 9-6-1, “Schedule of Permitted Land Uses,” B.R.C. 1981, is amended to read as follows: K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The schedule in Table 6-1 shows the uses that are permitted, conditionally permitted, prohibited, or that may be permitted through use review. . . . TABLE 6-1: USE TABLE A = Allowed | C = Conditional Use | U = Use Review | [ ] = Specific Use Standards Apply | - = Prohibited Zoning District RR-1, RR-2, RE, RL-1 RL-2, RM-2 RM-1, RM-3 RMX-1 RMX-2 RH-1, RH-2, RH-4, RH-5 RH-3, RH-7 RH-6 MH MU-3 MU-1 MU-2 MU-4 BT-1, BT-2 BMS BC-1, BC-2 BCS BR-1, BR-2 DT-4 DT-5 DT-1, DT-2, DT-3 IS-1, IS-2 IG IM IMS P A Specific Use Standards Use Module R1 R2 R3 R4 R5 R6 R7 R8 MH M1 M2 M3 M4 B1 B2 B3 B4 B5 D1 D2 D3 I1 I2 I3 I4 P A RESIDENTIAL USES Residential Accessory Accessory dwelling unit [CA] [CA] - [CA] [CA] - - - - - - - - - - - - - - - - - - - - [CA] [CA] 9-6-3(n) . . . Section 5. Section 9-6-3, “Specific Use Standards - Residential Uses,” B.R.C. 1981, is amended to read as follows: (a) Residential Uses: . . . (n) Accessory Dwelling Unit: (1) General Requirements: Three types of accessory units may be approved as conditional uses: Attached accessory dwelling units, detached accessory dwelling units, and limited accessory units. The following standards apply to all three types of an accessory dwelling unit: (A) General Standards: An accessory dwelling unit shall meet the following standards: (i) Lot Limitations: An accessory dwelling unit may be created on a lot of 5,000 square feet or more with a detached dwelling unit. One accessory dwelling unit may be located on a lot. (ii) Maximum Floor Area: The accessory dwelling unit shall be limited to the floor area in Table 6-3. The board of zoning adjustment may grant a variance to this floor area requirement pursuant to Section 9-2-3, “Variances and Interpretations,” B.R.C. 1981Occupancy Requirement: For purposes of determining occupancy K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 requirements under Section 9-8-5, “Occupancy of Dwelling Units,” B.R.C. 1981, the principal dwelling unit and accessory unit shall be considered one dwelling unit. The occupancy of the principal dwelling unit together with the occupancy of any accessory unit shall not exceed the occupancy requirements set forth in Section 9-8-5, “Occupancy of Dwelling Units,” B.R.C. 1981, for one dwelling unit; provided, however, for purposes of this section only, any occupant and his or her dependents shall be counted as one person. The floor area limitation for quarters used by roomers under Paragraph 9-8-5(a)(1), B.R.C. 1981, shall not apply to an accessory unit. Table 6-3: Maximum Floor Area Accessory Dwelling Unit Affordable Accessory Dwelling Unit Designated Historic Property Attached One-half of the total floor area of the principal structure or 1,000 square feet, whichever is less. Two-thirds of the total floor area of the principal structure or 1,200 square feet, whichever is less. Detached 800 sq. ft. 1,000 sq. ft. (iii) Off-Street Parking: The minimum number of off-street parking spaces shall be provided on the lot or parcel as required by Table 6-4. The required parking spaces shall meet at least the minimum dimensional requirements in Table 9-6, “Small Car Parking Dimension Standards,” B.R.C. 1981, and may be located in a required landscaped setback abutting the street. Table 6-4: Off-Street Parking Requirement (iiv) Owner-Occupied: The principal dwelling unit or accessory dwelling unit on the parcel or lot must be owner-occupied. The applicant shall provide evidence to the city manager to Accessory Dwelling Unit The number of off-street parking spaces required in the zoning district for the principal dwelling unit and one additional off-street parking space Affordable Accessory Dwelling Unit The parking required in the zoning district for the principal dwelling unit. Designated Historic Property K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 demonstrate compliance with this requirement at the time of application or any time thereafter. For entities that are similar to ownership by a person, such evidence may include without limitation declaration of trust ownership, articles of organization, operating agreement, or similar documentation. The city manager may approve a temporary absence of the owner-occupant for less than one year with an affidavit of exemption pursuant to the procedures for temporary rental license exemptions in Section 10- 3-2, “Rental License Required Before Occupancy and License Exemptions,” B.R.C. 1981. (iiiv) Rental License: No owner of the property shall allow, or offer to allow through advertisement or otherwise, any person to occupy the accessory dwelling unit or the principal dwelling unit as a tenant or lessee or otherwise for a valuable consideration unless such rented unit has been issued a valid rental license by the city manager consistent with the requirements of Chapter 10-3, “Rental Licenses,” B.R.C. 1981. (ivvi) Short-Term Rental: Short-term rental of an accessory dwelling unit and short-term rental of a principal dwelling unit on a lot or parcel with an accessory dwelling unit are prohibited except as specifically authorized in Section 10-3-19, “Short-Term Rentals,” B.R.C. 1981. (vvii) No Independent Conveyance: No person shall convey an accessory dwelling unit independently of the principal dwelling unit on the lot or parcel. (B) Application: All applicants shall apply on forms provided by the city manager showing how and in what manner the criteria of this subsection are met, provide a statement of current ownership and a legal description of the property, pay the application fee prescribed by Section 4-20-43, “Development Application Fees,” B.R.C. 1981, and submit plans as may be required by the manager. (C) Public Notice: Notice of the application shall be provided consistent with “Public Notice Type 4,” as defined by Subsection 9-4-3(a), B.R.C. 1981. (D) Review and Approval: All applications for accessory units shall be reviewed under the procedures of Section 9-2-2, “Administrative Review Procedures,” B.R.C. 1981. (Eviii) Declaration of Use Required: Before obtaining approval, all owners shall sign a declaration of use, including all the conditions standards for continued use, to be recorded in the office of the Boulder County Clerk and Recorder to serve as actual and K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 constructive notice of the legal status of the owner’s property. If the unit is to be an affordable accessory dwelling unit, the declaration shall include a sworn certification that the unit will meet the affordability standard and a statement of the number of bedrooms. (Fix) Amendments: The owner of an accessory dwelling unit may amend the approved size, affordability status, or other characteristics of an approved accessory dwelling unit by filing a building permit application that demonstrates compliance with applicable accessory dwelling unit standards. Prior to approval the owner must sign an updated declaration of use to be recorded in the office of the Boulder County Clerk and Recorder. The site plan for an accessory unit may be modified and an affordable accessory unit may be converted to an accessory unit that is not an affordable accessory unit provided that an application is filed and reviewed by the manager under the procedures of Section 9-2-2, “Administrative Review Procedures,” B.R.C. 1981. The application must demonstrate that the proposed accessory unit meets the requirements of this section except that it shall not be subject to the saturation limitations of Subparagraphs (m)(2)(A) and (E) and (m)(3)(A) and (E). (G) Floor Area: For the purpose of calculating the floor area of an attached accessory unit or detached accessory unit under this subsection (m), floor area shall mean the total square footage of all levels measured to the outside surface of the exterior framing, to six inches beyond the interior wall on an exterior wall, or to the outside surface of the exterior walls if there is no exterior framing, of a building or portion thereof, which includes stairways, elevators, the portions of all exterior elevated above grade corridors, balconies, and walkways that are required for primary or secondary egress by Chapter 10-5, “Building Code,” B.R.C. 1981, storage and mechanical rooms, whether internal or external to the structure, but excluding an atrium on the interior of a building where no floor exists, a courtyard, the stairway opening at the uppermost floor of a building, and floor area that meets the definition of uninhabitable space. (2) Attached Accessory Dwelling Units: In addition to the general accessory unit standards in Paragraph (mn)(1) of this section, the following standards apply to attached accessory dwelling units. The owner or the owners of a lot or parcel with a single-family dwelling unit may establish and maintain an attached accessory dwelling unit within the principal structure of a detached dwelling unit in the RR, RE, RL, RMX, A, or P districts if all of the following conditions are met and continue to be met during the life of the attached accessory dwelling unit: K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (A) Neighborhood Area: In the RL-1 or RL-2 zoning districts, no more than twenty percent of the lots or parcels in a neighborhood area contain an accessory unit. For the purpose of this subparagraph: (i) The “neighborhood area” in RL-1 and RL-2 zoning districts is the area circumscribed by a line three hundred feet from the perimeter of the lot line within which any accessory unit will be located. Within the “neighborhood area” only accessory units within the RL-1 and RL-2 zoning districts are counted towards the twenty percent limitation factor. (ii) For the purpose of calculating the twenty percent limitation factor, the following shall apply: a. A legal, nonconforming structure containing two or more dwelling units is counted as an accessory unit; b. A cooperative housing unit is counted as an accessory unit; c. An accessory unit that is licensed as part of a cooperative housing unit and said cooperative housing unit shall be counted together as one accessory unit; and d. The manager may promulgate regulations defining additional methods to be used in calculating the twenty percent limitation factor and the neighborhood area. (iii) If an application for an accessory unit exceeds the twenty percent requirement set forth in this Subparagraph (m)(2)(A), the manager will place the applicant on a waiting list for the neighborhood area. At such time as there is room for an additional accessory unit within a neighborhood area, the manager will notify the first eligible person on the waiting list. Such person on the waiting list shall be required to provide notice of intent to file an application within thirty days and file an application within sixty days of such notice. (B) Parking: The attached accessory dwelling unit shall have the following off-street parking: (i) The number of off-street parking spaces required in the zoning district for the principal dwelling unit; and (ii) One additional off-street parking space on the lot or parcel upon which the detached dwelling unit is located; and (iii) The parking spaces required under this Subparagraph (m)(2)(B) shall not be required to meet the setback requirements of Section 9-7-1, “Schedule of Form and Bulk Standards,” B.R.C. 1981, provided that the parking spaces are not located in the public right- K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of-way. (C) Standards: The attached accessory dwelling unit is clearly incidental to the principal dwelling unit and meets the following standards: (i) The attached accessory dwelling unit is created only in a single- family detached dwelling unit on a lot of five thousand square feet or more. (ii) The attached accessory dwelling unit does not exceed one-third of the total floor area of the principal structure or one thousand square feet, whichever is less, unless a variance is granted pursuant to Section 9-2-3, “Variances and Interpretations,” B.R.C. 1981. (A) (iii) Interior Connections: All attached accessory dwelling units shall be physically separated by a wall or a lockable door. If there is an interior connection between the attached accessory dwelling unit and the principal dwelling prior to the creation of the attached accessory dwelling unit, the connection together with the lockable, physical separation shall be maintained for the duration during the life of the attached accessory dwelling unit. (B) (iv) Side Entrances: Any additional entrance resulting from the creation of an attached accessory dwelling unit may face the side of the lot fronting on the street only if such entrance is adequately and appropriately screened in a manner that does not detract from the single-family appearance of the principal dwelling unit. (D) Affordable Accessory Units: If the attached accessory dwelling unit is licensed as an affordable accessory unit, the following standards apply: (i) The unit shall only be required to provide the parking required in the zoning district for the principal dwelling unit. (ii) The unit may be more than one-third of the total floor area of the principal structure but shall not exceed one-half of the floor area of the principal structure or one thousand square feet, whichever is less. The BOZA may grant a variance to this size requirement pursuant to Section 9-2-3, “Variances and Interpretations,” B.R.C. 1981. (iii) If the unit is or will be offered for rental for compensation, the owner must obtain and at all times thereafter maintain a valid rental license for an affordable accessory unit issued by the manager consistent with the requirements of Chapter 10-3, “Rental Licenses,” B.R.C. 1981. K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (E) Designated Historic Property: If the attached accessory dwelling unit is located within a principal structure that is designated as an individual landmark or recognized as contributing to a designated historic district under Chapter 9-11, “Historic Preservation,” B.R.C. 1981, the following modifications to the standards of this Paragraph (m)(2) apply: (i) In the RL-1 and RL-2 zoning district, the unit is not subject to the twenty percent limitation factor of Subparagraph (m)(2)(A) provided that no more than thirty percent of the lots or parcels in the neighborhood area contain an accessory unit; (ii) The unit shall only be required to provide the parking required in the zoning district for the principal dwelling unit; and (iii) The unit may be more than one-third of the total floor area of the principal structure but shall not exceed one-half of the floor area of the principal structure or one thousand square feet, whichever is less. The BOZA may grant a variance to this size requirement pursuant to Section 9-2-3, “Variances and Interpretations,” B.R.C. 1981. (3) Detached Accessory Dwelling Units: In addition to the general accessory unit standards in Paragraph (n)(1) of this section, the following standards apply to detached accessory dwelling units:An owner or the owners of a lot or parcel with a single-family detached dwelling unit may establish and maintain a detached accessory dwelling unit within an accessory structure meeting the size restrictions described below, on a lot or parcel in the RR, RE, RL, RMX, A, and P districts if all of the following conditions are met and continue to be met during the life of the detached accessory dwelling unit: (A) Maximum Height: The maximum height of accessory buildings with a detached accessory dwelling unit shall not be greater than twenty feet. The city manager may modify this height standard if the building meets one of the followingNeighborhood Area: In the RL-1 and RL-2 zoning districts, no more than twenty percent of the lots or parcels in a neighborhood area contain an accessory unit. For the purpose of this subparagraph: (i) If the roof pitch is 8:12 or greater, provided the building height does not exceed 25 feet; or The “neighborhood area” in RL-1 and RL-2 zoning districts is the area circumscribed by a line three hundred feet from the perimeter of the lot line within which an accessory unit will be located. Within the “neighborhood area” only accessory units within the RL-1 and RL-2 zoning districts are counted towards the twenty percent limitation factor. (ii) If a legal existing accessory building is converted to a detached accessory dwelling unit, provided that no changes are proposed to K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the existing accessory building’s height, floor area, or roof form.For the purpose of calculating the twenty percent limitation factor, the following shall apply: a. A legal, nonconforming structure containing two or more dwelling units is counted as an accessory unit; b. A cooperative housing unit is counted as an accessory unit; c. An accessory unit that is licensed as part of a cooperative housing unit and said cooperative housing unit shall be counted together as one accessory unit; and d. The manager may promulgate regulations defining additional methods to be used in calculating the twenty percent limitation factor and the neighborhood area. (iii) If an application for a detached accessory dwelling unit exceeds the twenty percent requirement set forth in Subparagraph (m)(3)(A), the manager will place the applicant on a waiting list for the neighborhood area. At such time as there is room for an additional accessory unit within the neighborhood area, the manager will notify the first eligible person on the waiting list. Such person on the waiting list shall be required to provide notice of intent to file an application within thirty days and file an application within sixty days of such notice. (B) Parking Private Open Space: TheA detached accessory dwelling unit shall have a minimum of sixty square feet of private open space provided for the exclusive use of the occupants of the detached accessory dwelling unit. Private open space may include porches, balconies, or patio areas.the following parking: (i) The number of off-street parking spaces required in the zoning district for the principal dwelling unit; and (ii) One additional off-street parking space on the lot or parcel upon which the detached dwelling unit is located; (iii) The parking spaces required under this Subparagraph (m)(3)(B) shall not be required to meet the setback requirements of Section 9-7-1, “Schedule of Form and Bulk Standards,” B.R.C. 1981, provided that the parking spaces are not located in the public right- of-way. To the extent practical, any additional off-street parking that is constructed in the RR or RE zoning district required for the detached accessory dwelling unit shall be screened from the view of properties that directly abut a property line of the detached accessory dwelling unit. K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (C) Incidental to Principal Dwelling Unit: The detached accessory dwelling unit is clearly incidental to the principal dwelling unit and meets the following standards: (i) The detached accessory dwelling unit is created on a lot of five thousand square feet or larger. (ii) The detached accessory dwelling unit’s floor area does not exceed five hundred and fifty square feet, unless a variance is granted pursuant to Section 9-2-3, “Variances and Interpretations,” B.R.C. 1981. (iii) The following design standards apply to detached accessory dwelling units: a. Maximum height of accessory buildings with a detached accessory dwelling unit shall not be greater than twenty feet unless the roof pitch is greater than 8:12 and the resulting ratio of the height of the roof (measured from the eave line to the top of the roof) to the height of the side walls (measured from the low point of grade to the eave line) is less than a 1:2 ratio. The city manager may modify this height standard for a legal existing accessory building that is being converted to a detached accessory dwelling unit to the extent that the existing accessory building's height and size is not proposed to be modified. In no case may a building height exceed twenty-five feet. b. A detached accessory dwelling unit shall have a minimum of sixty square feet of private open space provided for the exclusive use of the occupants of the detached accessory dwelling unit. Private open space may include porches, balconies, or patio areas. Decks, porches, patios, terraces, and stairways, located at a height greater than thirty inches above grade, shall be considered part of the building coverage. c. Setbacks shall comply with accessory building setbacks. Where the rear yard of a property in the RR or RE zoning district directly abuts an RL zoning district, the rear yard accessory building setback shall be the same as the side yard setback for accessory buildings for applicable RR or RE zoning districts. (D) Affordable Accessory Units: If the detached accessory dwelling unit is licensed as an affordable accessory unit, the following standards apply: (i) The unit shall only be required to provide the parking required in K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the zoning district for the principal dwelling unit. (ii) The unit’s floor area may be up to eight hundred square feet. The BOZA may grant a variance to this size requirement pursuant to Section 9-2-3, “Variances and Interpretations,” B.R.C. 1981. (iii) If the unit is or will be offered for rental for compensation, the owner must obtain and at all times thereafter maintain a valid rental license for an affordable accessory unit issued by the manager consistent with the requirements of Chapter 10-3, “Rental Licenses,” B.R.C. 1981. (E) Designated Historic Property: If either the accessory structure the detached accessory dwelling unit is located in or the principal structure on the lot or parcel is designated as an individual landmark or recognized as contributing to a designated historic district under Chapter 9-11, “Historic Preservation,” B.R.C. 1981, the following modifications to the standards of this Paragraph (m)(3) apply: (i) In the RL-1 and RL-2 zoning district, the unit is not subject to the twenty percent limitation factor of Subparagraph (m)(3)(A) provided that no more than thirty percent of the lots or parcels in the neighborhood area contain an accessory unit; (ii) The unit shall only be required to provide the parking required in the zoning district for the principal dwelling unit; and (iii) The unit’s floor area may be up to one thousand square feet. The BOZA may grant a variance to this size requirement pursuant to Section 9-2-3, “Variances and Interpretations,” B.R.C. 1981. (4) Limited Accessory Units: In addition to the general accessory unit standards in Paragraph (m)(1) of this section, the following standards apply to limited accessory units that may be approved as a conditional use in the RR-1, RR-2, RE, and RL-1 Zoning Districts only. An existing nonconforming duplex or two detached dwelling units located on the same lot and within the R1 use module may be converted to limited accessory dwelling units. A limited accessory dwelling unit may be modified and expanded as a conditional use. Conversion to a limited accessory dwelling unit is subject to compliance with all of the following standards: (A) Applicability: This Subparagraph (m)(4) is only applicable to dwelling units that legally existed, were actively used as multiple dwelling units, and had a valid rental license on January 1, 2005. (B) Expansion Limitation: The cumulative total of any expansion shall not K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 exceed twenty percent of the total floor area that was documented at the time of the initial expansion. Any expansion of the restricted accessory unit shall not exceed ten percent. In no case shall any expansion cause the cumulative size of the restricted dwelling units to exceed the maximum allowable floor area ratio of the underlying zoning district as set forth in Section 9-8-1, “Schedule of Intensity Standards,” B.R.C. 1981. (C) Parking: The minimum number of off-street parking spaces shall not be less than three spaces. All parking shall comply with the design and access requirements set forth in Section 9-9-6, “Parking Standards,” B.R.C. 1981. A minimum of one off-street parking space shall be available for use by the restricted accessory dwelling unit. (D) Loss of Prior Nonconforming Status: If a nonconforming duplex or two detached dwelling units are converted to limited accessory units through the conditional use process, any prior nonconforming status is lost. Section 6. Section 9-8-5, “Occupancy of Dwelling Units,” B.R.C. 1981, is amended to read as follows: . . . (b) Attached Accessory Dwelling Unit, Detached Accessory Dwelling Unit, or Limited Accessory Dwelling Unit: The occupancy of an attached accessory dwelling unit, detached accessory dwelling unit, or limited accessory dwelling unit must meet the requirements of Subsection 9-6-3(n), B.R.C. 1981. The principal dwelling unit and accessory dwelling unit shall be considered one dwelling unit. The occupancy of the principal dwelling unit together with the occupancy of any accessory dwelling unit shall not exceed the occupancy requirements set forth in this section for one dwelling unit; provided, however, for purposes of this subsection only, any occupant and his or her dependents shall be counted as one person. The floor area limitation for quarters used by roomers under Paragraph 9-8-5(a)(1), B.R.C. 1981, shall not apply to an accessory dwelling unit. . . . (d) Cooperative Housing License: A dwelling unit licensed as a cooperative housing unit pursuant to Section 10-11-3, “Cooperative Housing Licenses,” B.R.C. 1981, shall not be subject to the occupancy limits or any exceptions as set forth in this section; and an attached accessory dwelling unit or detached accessory dwelling unit licensed with such dwelling unit as a cooperative housing unit shall not be subject to the occupancy standards of SubpParagraph 9-6-3(n)(1)(A)(ii), “Occupancy Requirement”9-8-5(b), “Accessory Dwelling Unit,” B.R.C. 1981. All such dwelling units together with any K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 attached accessory dwelling unit or detached accessory dwelling unit so licensed shall be limited to no fewer than four occupants with the maximum number of occupants, without regard to whether the occupants are related or not, as follows: . . . Section 7. Row six under “Use” of Table 9-2: Use Specific Motor Vehicle Parking Requirements for Residential Uses in all Zones and row three under “Residential Uses” of Table 9-8: Off-Street Bicycle Parking Requirements in Section 9-9-6, “Parking Standards,” B.R.C. 1981, are amended to read as follows: . . . (b) Off-Street Parking Requirements: The number of required off -street motor vehicle parking spaces shall be provided in Tables 9-1, 9-2, 9-3, and 9-4 of this section; the number of required off-street bicycle parking spaces shall be provided in Table 9-8 of this section: . . . (2) Use Specific Motor Vehicle Parking Requirements for Residential Uses: TABLE 9-2: USE SPECIFIC MOTOR VEHICLE PARKING REQUIREMENTS FOR RESIDENTIAL USES IN ALL ZONES Use Parking Requirement Roomers within a single-unit dwelling 1 space per 2 roomers Residential developments in which 1-bedroom units are 60 percent or more of the total 1.25 spaces per 1-bedroom unit Rooming house, boarding house, fraternity, sorority, group living, and hostels 2 spaces per 3 occupants Efficiency living units, transitional housing 1 space per DU Bed and breakfast 1 space per guest room + 1 space for operator or owner's DU within building Attached aAccessory dwelling unit, detached accessory dwelling unit The off-street parking requirement for the principal DU must be met, plus any parking space required for the accessory dwelling unit, see Subsection 9-6-3(n), B.R.C. 1981 . . . (g) Bicycle Parking: (1) Required Bicycle Spaces: Bicycle parking spaces must be provided as required by Table 9-8 of this section. K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE 9-8: OFF-STREET BICYCLE PARKING REQUIREMENTS Use Type (based on Table 6-1 of Section 9-6-1 Minimum Number of Off- Street Bicycle Spaces Long-Term Short-Term Residential Uses Dwelling units(a) with a private garage(b) no requirement n/a n/a Dwelling units without a private garage(b) 2 per unit 75% 25% Accessory dwelling units no requirement n/a n/a . . . Section 8. Section 9-16-1, “General Definitions,” B.R.C. 1981, is amended to read as follows: (a) The definitions contained in Chapter 1-2, “Definitions,” B.R.C. 1981, apply to this title unless a term is defined differently in this chapter. . . . (c) The following terms as used in this title have the following meanings unless the context clearly indicates otherwise: . . . Accessory dwelling unit means a separate and complete single housekeeping unit within a detached dwelling unit or within an accessory structure to the principal dwelling unit of the lot or parcel upon which the unit is located, permitted under the provisions of Subsection 9-6-3(n), B.R.C. 1981. . . . Affordable accessory dwelling unit means a unit for which the rents meet the affordability standard. . . . Attached accessory dwelling unit means a separate and complete single housekeeping unit within a detached dwelling unit, permitted under the provisions of Subsection 9-6- 3(m), B.R.C. 1981. . . . K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Designated historic property means a property with a building designated as an individual landmark or recognized as contributing to a designated historic district under Chapter 9-11, “Historic Preservation,” B.R.C. 1981. . . . Detached accessory dwelling unit means a separate and complete single housekeeping unit within an accessory structure to the principal dwelling unit of the lot or parcel upon which the unit is located that is permitted under the provisions of Paragraph 9-6-3(n)(3), B.R.C. 1981. . . . Limited accessory unit means an existing nonconforming duplex or two detached dwelling units located on the same lot and within the R1 use module that has been approved in compliance with the standards in Section 9-6-3(n)(4). . . . Owner-occupied means a dwelling unit or accessory dwelling unit that is the principal residence of at least one owner of record of the lot or parcel upon which the dwelling unit or accessory dwelling unit is located, who possesses at least an estate for life, or a fifty percent fee simple ownership interest, or is the trustor of a revocable living trust., or is the member that owns at least fifty percent of a limited liability company, or is the partner that owns at least fifty percent of a partnership or limited liability partnership, or similar entity. . . . Section 9. Section 10-1-1, “Definitions,” B.R.C. 1981, is amended to read as follows: (a) The following terms used in this title have the following meanings unless the context clearly indicates otherwise: . . . Accessory dwelling unit means an accessory dwelling unit permitted under Section 9-6- 3(n), “Accessory Dwelling Units,” B.R.C. 1981. . . . Section 10. Section 10-3-6, “License Application Procedure for Buildings Converted to Rental Property,” B.R.C. 1981, is amended to read as follows: Every operator converting a property to rental property shall follow the procedures in this K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 section for procuring a rental license: (a) Submit to the city manager a complete application packet, on forms provided by the manager, at least thirty days before rental of the property including: . . . (4) If the unit is an affordable accessory dwelling unit as defined in Section 9-16-1, “General Definitions,” B.R.C. 1981, a sworn certification that the unit will meet the rental affordability standard as defined in Section 9-16-1, “General Definitions,” B.R.C. 1981. . . . Section 11. Section 10-3-7, “License Renewal Procedure for Buildings Occupied as Rental Property,” B.R.C. 1981, is amended to read as follows: Every operator of a rental property shall follow the procedures in this section when renewing an unexpired license: (a) Submit to the city manager a complete application packet, on forms provided by the manager including: . . . (4) If the unit is an affordable accessory dwelling unit as defined in Section 9-16-1, “General Definitions,” B.R.C. 1981, a sworn certification that the unit will meet the rental affordability standard as defined in Section 9-16-1, “General Definitions,” B.R.C. 1981. . . . Section 12. Section 10-3-16, “Administrative Remedy,” B.R.C. 1981, is amended to read as follows: (a) If the city manager finds that a violation of any provision of this chapter or Chapter 10-2, “Property Maintenance Code,” B.R.C. 1981, exists, the manager, after notice to the operator and an opportunity for hearing under the procedures prescribed by Chapter 1-3, “Quasi-Judicial Hearings,” B.R.C. 1981, may take any one or more of the following actions to remedy the violation: (1) Impose a civil penalty according to the following schedule: K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (A) For any violation in the following areas or of affordability standards: The area south of Arapahoe Avenue, north of Baseline Road, east of 6th Street and west of Broadway, the area south of Baseline Road, north of Table Mesa Drive, east of Broadway and west of U.S. Route 36 and the area south of Canyon Boulevard, north of Arapahoe Avenue, west of Folsom Street and east of 15th Street or for any violation of affordability standards for an affordable accessory dwelling unit approved under Subsection 9-6- 3(n), B.R.C. 1981: . . . (b) If the city manager finds that an affordable accessory dwelling unit was advertised, offered for rent or rented for an amount in excess of the affordability standard, in addition to the actions the manager may take under subsection (a), the manager shall impose a penalty equal to the amount charged in excess of the affordability standard during the term of the license, plus interest at the rate of twelve percent per annum, and shall pay such funds collected to the tenant who was charged in excess of the affordability standard. . . . Section 13. Section 10-3-19, “Short-Term Rentals,” B.R.C. 1981, is amended to read as follows: (a) Short-term rentals are prohibited unless the city manager has issued a valid short -term rental license for the property. . . . (o) An accessory dwelling unit or a principal dwelling unit on a single-family lot or parcel with an accessory unit may not be rented as a short-term rental unless all the following requirements are met: (1) Both the accessory dwelling unit and the principal dwelling unit were legally established on the effective date of Ordinance No. 8256by February 1, 2019; (2) A current and valid short-term rental license exists for the unit; (3) If the accessory dwelling unit is licensed for short-term rental, only the accessory dwelling unit and not any other dwelling unit on the same property may be licensed or used as a rental; (4) If a principal dwelling unit is licensed for short-term rental, then no accessory dwelling unit on the same property may be licensed or used as a rental; K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (5) An accessory dwelling unit may not be rented as a short-term rental for more than one hundred twenty days in any calendar year; (6) Notwithstanding the provisions of subsection (i), the occupancy of the accessory dwelling unit and the principal dwelling unit must meet the requirements of Subsection 9-68-35(nb)(1), B.R.C. 1981; and (7) Licensing Limitations and Requirements: (A) After February 1, 2019, Nno application for a new short-term rental license shall may be accepted. on or after the effective date of Ordinance No. 8256. On or after the effective date of Ordinance No. 8256, a new short-term rental license may be issued only for complete applications received by the city manager on or before the effective date of Ordinance No. 8256. On or after the effective date of Ordinance No. 8256, the The city manager may renew unexpired short-term rental licenses pursuant to Section 10-3-7, “License Renewal Procedures for Buildings Occupied as Rental Property,” B.R.C. 1981. A license for which a complete renewal application is not filed within ninety days from the expiration date shall be considered expired. . . . Section 14. Section 10-11-3, “Cooperative Housing Licenses,” B.R.C. 1981, is amended to read as follows: (a) License terms shall be as follows: . . . (l) Any attached accessory dwelling unit or detached accessory dwelling unit to a dwelling unit that is licensed pursuant to this chapter shall be part of the licensed cooperative housing unit and subject to the standards of this chapter. The occupants of the dwelling unit and accessory unit shall all be members of the cooperative. While such units are licensed as a cooperative housing unit under this chapter, neither the principal dwelling unit nor the accessory dwelling unit shall be required to be owner-occupied as would otherwise be required under Subparagraph 9-6-3(n)(1)(A)(iv), “Owner-Occupied,” B.R.C. 1981. . . . Section 15. Tables 6-3 and 6-4 are added to Section 9-6-3, “Specific Use Standards – Residential Uses,” B.R.C. 1981, by this ordinance. The City Council amends the Boulder Revised K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Code by renumbering the subsequent tables in Chapter 9-6, “Use Standards,” B.R.C. 1981, together with all associated references and cross references to the renumbered tables in the Boulder Revised Code. Section 16. This ordinance shall apply to any building permit, conditional use, use review, and site review applied for on or after September 1, 2023. Any project for which a complete building permit, site review, use review, or conditional use application has been submitted to the city or which has received a site review, use review, or conditional use approval prior to the effective date of this ordinance for a use inconsistent with the provisions of this ordinance will be permitted to establish the proposed use under the use standards of Chapter 9 -6, “Use Standards,” B.R.C. 1981, in effect at the time the building permit, site review, use review, or conditional use application was submitted to the city. Such applicants shall be required to pursue such development approvals and meet all requirements deadlines set by the city manager and the Boulder Revised Code necessary to establish the proposed use. The applications for such project shall demonstrate compliance with all applicable laws. Any failure to meet the requirements of the city manager or this section of this ordinance will result in a denial of such application. Any subsequent application shall meet the requirements in place at the time of such subsequent application. Section 17. If any section, paragraph, clause, or provision of this ordinance shall for any reason be held to be invalid or unenforceable, such decision shall not affect any of the remaining provisions of this ordinance. Section 18. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city and covers matters of local concern. K:\PLCU\o-8571 2nd Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 19. The City Council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 20th day of April 2023. ______________________________ Mark Wallach, Mayor Pro Tem Attest: ________________________________ Emily Richardson, Deputy City Clerk READ ON SECOND READING, PASSED AND ADOPTED this 4th day of May 2023. _____________________________ Mark Wallach, Mayor Pro Tem Attest: _______________________________ Emily Richardson, Deputy City Clerk Accessory Dwelling Units in Boulder Examples of ADUs Approved Since 2019 Detached Street and alley views: Lots with alley access 721 Concord Ave | RL-1 | 8,689 sf lot 718 sf 717 University Ave | RL-1 | 12,765 sf lot 800 sf 2875 6th St | RL-1 | 6,173 sf lot 516 sf 750 14th St | RL-1 | 6,227 sf lot 835 sf 903 Pine St | RL-1 | 10,107 sf lot 800 sf 2610 Pine St | RMX-1 | 7,000 sf lot 681 sf 3225 6th St | RL-1 | 9,837 sf lot 800 sf 835 Pine St | RL-1 | 9,807 sf lot 500 sf This document is intended to show a variety of sizes and styles of recently approved and constructed ADUs. Attachment H - Photos Detached Street views: Lots without alley access 1290 Hartford Dr | RL-1 | 7,082 sf lot 835 sf Attached Street views 2266 Edgewood Dr | RL-1 | 7,715 sf lot 563 sf 431 Arapahoe Ave | RL-1 | 10,462 sf lot 669 sf 5045 Cascade Ave | RE | 17,686 sf lot 800 sf 660 Juniper Ave | RR-2 | 15,050 sf lot 799 sf 880 35th St | RL-1 | 7,562 sf lot 480 sf 3530 Everett Dr | RL-1 | 7,480 sf lot 1200 sf* 720 Willowbrook Rd | RE | 11,630 sf lot 1550 sf* 300 19th St | RL-1 | 7,396 sf lot 769 sf 3560 19th St | RL-1 | 5,477 sf lot 1062 sf* 3875 Cloverleaf Dr | RE | 10,711 sf lot 695 sf 450 S 41st St | RL-1 | 6,827 sf lot 812 sf * Floor area variance approved by Board of Zoning Adjustment Attachment H - Photos