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Item 3B - BOZ2023-01 745 35th Parking Variance FINAL FOR POSTINGRevised 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)  