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05.13.21 BOZA MinutesCITY OF BOULDER BOARD OF ZONING ADJUSTMENT ACTION MINUTES May 13, 2021, 5 p.m. Virtual Meeting Board Members Present: Jill Lester (Chair), Jack Rudd, Nikki McCord, Marine Siohan Board Members Absent: Michael Hirsch City Attorney Representing Board: Erin Poe Staff Members Present: Robbie Wyler, Cindy Spence 1. CALL TO ORDER: J. Lester called the meeting to order at 5:08 p.m. A. Swearing in of New Board of Zoning Adjustment Members • E. Poe swore in N. McCord, M. Siohan and J. Lester as new members to the Board of Zoning Adjustment. B. Nominations and Elections of New Board of Zoning Adjustment Chair/Vice Chair • J. Lester was nominated by J. Rudd, seconded by N. McCord, for Chair. J. Lester accepted. Passed unanimously. • J. Rudd was nominated by J. Lester, seconded by M. Siohan, for Vice Chair. J. Rudd accepted. Passed unanimously. 2. BOARD HEARINGS: A. Docket No.: BOZ2021-00008 Address: 3633 Broadway Applicant: Tom Flaherty Fence/Wall Height Variance: As part of a proposal to raise the height of a CMU wall spanning the east property line along Broadway, the applicant is requesting a variance to the fence and wall height standards for a single-family property in the RR-2 zoning district. The resulting height of the wall be approximately 8.5 feet where 7 feet is required and 6 feet exists today. Section of the Land Use Code to be modified: Section 9-9-15, BRC 1981. Staff Presentation: R. Wyler presented the item to the board. Board Questions: R. Wyler answered questions from the board. Applicant’s Presentation: Scott Rodwin, with Rodwin Architecture, and Tom Flaherty, the owner, presented the item to the board. Board Questions: Scott Rodwin and Tom Flaherty, representing the applicant, answered questions from the board. Public Hearing: Christopher Martin, a neighbor, spoke in support of the project. Board Discussion: • J. Rudd said that while the hill on Broadway might be considered an unusual physical circumstance, however it was not an unknown. It was there upon purchase of the property. He added that the applicant would be attempting to fix a problem on a developed property. He said the applicant’s project would not alter the neighborhood or any adjacent properties. He said his only issue would be with the acoustical consultant’s feedback as the board was unclear as to what was given and if it could be used as a tool or solution to this problem. However, he would be in support of the project. • N. McCord said she was comfortable with the proposed 8.5-foot wall as submitted on the application. While there was discussion of perhaps building a higher wall, she said the applicant should have discussed that with staff prior to coming to BOZA. She agreed with J. Rudd’s comments regarding the acoustical consultant. She said she would support the applicant’s proposal as submitted. • M. Siohan said the proposal would not have much of an impact on the neighborhood. She would be in favor. • J. Lester agreed with all previous comments. The traffic in the area is not a secret condition and it is very loud in that area. She said that she wished there had been a professional analysis of the sound and precise numbers presented to the board. She added that if the applicant wanted to go higher than the proposed 8.5-foot wall, then a professional analysis would need to be presented to give the minimum variance required. She would support the proposal as submitted. • The board offered a continuance to the applicant to consider a higher wall. Tom Flaherty said he did not want to have continuance and would be pleased with the 8.5-foot wall as presented. Motion: On a motion by J. Rudd, seconded by M. Siohan, the Board of Zoning Adjustment approved 4-0 (M. Hirsch absent) the application (Docket BOZ2021-08) as submitted. B. Docket No.: BOZ2021-00009 Address: 429 Concord Avenue Applicants: Kassia Binkowski & Adam Knoff Setback Variance: As part of a proposal to construct a rear 2-story addition and elevated deck onto the single-family home, the applicants are requesting a variance to both the east and west side yard setbacks for a principal structure in the RL-1 zoning district in order to meet the combined side yard setback requirements for each side. The resulting east setback will be approximately 5 feet (taken from the new exterior stairs) where 6.8 feet is required and 1.9 feet exists today. The resulting west setback will be approximately 8.2 feet (taken from the new addition) where 13.1 feet is required and 8.2 feet exists today. Section of the Land Use Code to be modified: Section 9-7-1, BRC 1981. ITEM 2B HAS BEEN POSTPONED TO A LATER DATE 3. GENERAL DISCUSSION: A. Approval of Minutes On a motion by J. Lester, seconded by J. Rudd, the Board of Zoning Adjustments voted 4-0 (M. Hirsch absent) to approve the March 11, 2021 BOZA minutes. B. Matters from the Board 1) BOZA Subcommittee Matters • J. Lester questioned if BOZA should put together its own subcommittee to assist with issues from the 2021 Letter to Council. • R. Wyler said staff had not been given any directive by Council regarding comments from the letter and that would be the normal procedure. He said that he would check to see if there was any projection by Council regarding the issues BOZA had mentioned and report back at the next meeting. He was not certain if forming a subcommittee at this time would be beneficial. C. Matters from the City Attorney There were no matters from the City Attorney. D. Matters from Planning and Development Services There were no matters from the Planning and Development Services. 4. ADJOURNMENT: There being no further business to come before the board at this time, BY MOTION REGULARLY ADOPTED, THE MEETING WAS ADJOURNED AT 6:26 P.M APPROVED BY ________________ Board Chair ______07/08/2021__________________ DATE