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05.13.21 BOZA PacketNOTICE 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 A.Swearing in of New Board of Zoning Adjustment Members B.Nominations and Elections of New Board of Zoning Adjustment Chair/Vice Chair 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. 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: The March 11, 2021 BOZA minutes are scheduled for approval. B.Matters from the Board 1)BOZA Subcommittee Matters C.Matters from the City Attorney D.Matters from Planning and Development Services 4.ADJOURNMENT For more information call Robbie Wyler (wylerr@bouldercolorado.gov), Brian Holmes (holmesb@bouldercolorado.gov) or Cindy Spence at 303-441-1880. Board packets are available after 4 p.m. Friday prior to the meeting, online at www.bouldercolorado.gov, or at the Planning & Development Services Center, located at 1739 Broadway, third floor. * * * SEE REVERSED SIDE FOR MEETING GUIDELINES * * * CITY OF BOULDER BOARD OF ZONING ADJUSTMENT MEETING AGENDA DATE: Thursday, May 13, 2021 TIME: Meeting to begin at 5 p.m. PLACE: Virtual Meeting 05.13.2021 BOZA Packet Page 1 of 26 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. 05.13.2021 BOZA Packet Page 2 of 26 City of Boulder Planning and Development Services 1739 Broadway, third floor • PO Box 791 • Boulder, CO 80306 Phone: 303-441-1880 • Fax: 303-441-4241 • Web: boulderplandevelop.net BOARD OF ZONING ADJUSTMENT (BOZA) VARIANCE APPLICATION APPLICATION DEADLINE IS THE SECOND WEDNESDAY OF EACH MONTH. MEETING DATE IS 5:00 P.M. ON THE SECOND THURSDAY 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 gross floor area existing:*Total gross floor area proposed: *Total gross building coverage existing:*Total gross 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: 05.13.2021 BOZA Packet Page 3 of 26 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) 05.13.2021 BOZA Packet Page 4 of 26 APPLICATION REQUIREMENTS As a minimum, the following items MUST be attached, collated and hereby made a part of this application: •If applicant is other than owner(s), a written consent of the owner(s) of the property for which the variance is requested; •A written statement thoroughly describing the variance request(s) and addressing all pertinent review criteria for approval - see following pages (3 copies); •A signed and stamped Improvement Location Certificate or Site Improvement Survey and legal description by a registered surveyor (3 copies); •A site development plan including setbacks, building elevations, interior layout/floor plans and any other pertinent exhibits (3 copies); •A demolition plan clearly differentiating between existing/remaining and proposed portions of the structure(s) (3 copies); •Any other information pertinent to the variance request (e.g. neighbor letters, photos, renderings, etc.) (3 copies); •Sign Posting Acknowledgement Form - see following page. NOTE: The applicant is responsible for posting the property in compliance with city requirements. Signs will be provided to the applicant at the time of submission of the application. 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. •An electronic copy of all application materials (including a completed & signed application form) must be submitted on a thumb/USB drive with your application. *CDs will not be accepted; •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__________ 05.13.2021 BOZA Packet Page 5 of 26 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. 05.13.2021 BOZA Packet Page 6 of 26 August 3, 2020 Re: Variance Application – Written Consent Property: 3633 Broadway St. Boulder, CO To: Board of Zoning Adjustment, Planning and Development Services 303-441-1880 plandevelop@bouldercolorado.gov To whom it may concern, I give my consent to Cecelia Daniels on behalf of Rodwin Architecture to submit a variance request to increase a site wall height from 6’-0” to 8’-6” on my property located at 3633 Broadway St, Boulder, CO 80304. Sincerely, Tom Flaherty _________________________________ (Homeowner) Signature 05.13.2021 BOZA Packet Page 7 of 26 July 28, 2020 Re: Variance Application Property: 3633 Broadway St. Boulder, CO To: Board of Zoning Adjustment, Planning and Development Services 303-441-1880 plandevelop@bouldercolorado.gov Hello, Our client, Tom Flaherty, is requesting to raise the existing painted CMU wall bordering the East side of his property from 6’-0” tall to 8’-6” tall in order to help mitigate the sound from traffic along Broadway St. There is no change to the area of the wall. We have included a Site Plan, Wall Section, and Photograph of the existing wall for review. This will have zero impact on floor area, building coverage, or building height. The wall is well screened from the street by vegetation and we intend to add additional climbing vines to the wall on the public side once completed, if the project is allowed. Please feel free to give me a call with any questions you may have. Thank you for your consideration, Cecelia Daniels Designer RODWIN ARCHITECTURE DESIGN [BUILD] GREEN 1245 Pearl Street, Suite 202 Boulder, CO 80302 c 970 316 3222 cecelia@rodwinarch.com www.rodwinarch.com 05.13.2021 BOZA Packet Page 8 of 26 April 26, 2021 Re: Variance Application Property: 3633 Broadway St. Boulder, CO To: Board of Zoning Adjustment, Planning and Development Services 303-441-1880 plandevelop@bouldercolorado.gov Hello, Please find the requested details & information in regards to the BOZA variance review criteria below. BRC 9-2-3(h); (h)1 & (h)5 (must satisfy all of the applicable requirements of this section) 1) Physical Conditions or Disability A) There are: i) Unusual physical circumstances or conditions, including, without limitation, irregularity, narrowness or shallowness of the lot or exceptional topographical or other physical conditions peculiar to the affected property; 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; and Response: The property is directly adjacent to Broadway, and in particular, at the base of a major hill. This produces considerable traffic noise (along with engine breaking). Increasing traffic over the years has made the noise impact from the road progressively worse, to the point that it needs road mitigation. The house has two bedrooms – the daughter’s room is on the east side facing Broadway. Road noise makes it impossible for her to open her windows and is causing difficulty with sleeping. B) The unusual circumstances or conditions do not exist throughout the neighborhood or zoning district in which the property is located; and Response: The condition is unique to the property because it directly borders Broadway at the base of the hill. C) Because of such physical circumstances or conditions the property cannot reasonably be developed in conformity with the provisions of this chapter; and Response: The allowable 7’ tall fence does not adequately block the noise from the first floor of the house. While no wall would block it completely, adding 2ft of height would substantially reduce the road noise. D) Any unnecessary hardship has not been created by the applicant. 05.13.2021 BOZA Packet Page 9 of 26 Response: The lot was previously subdivided, and in order to abide by lot setback standards, the house could not be located any further from Broadway. Extra trees have been planted along the inside of the CMU wall to help with sound mitigation, but to no avail. 5) Requirements for All Variance Approvals: A) Would not alter the essential character of the neighborhood or district in which the lot is located; Response: The wall will remain the same in every way but height. The space between the wall and Broadway currently has considerably more landscaping than neighboring properties which will help to mitigate the appearance of the taller wall. It is also painted a neutral earth color, helping to further reduce its visual impact. B) Would substantially or permanently impair the reasonable use and enjoyment or development of the adjacent property; Response: Both adjacent properties already have similar 6ft tall solid walls. Both neighbors have expressed a similar interest in eventually raising their walls for the same reason as the applicant. C) Would be the minimum variance that would afford relief and would be the least modification of the applicable provisions of this title; and; Response: Raising the wall 2.5’ in height would provide substantial relief to the applicant, who currently can’t open the windows on the Broadway side of the house because it’s so loud. Mitigation of the road noise increases with height, so while there is no “minimum height variance” that would specifically satisfy the request, the more height granted the better. The applicant would be very grateful for any height allowance offered by the City. D) Would not conflict with the provisions of Section 9-9-17, "Solar Access," B.R.C. 1981. Response: The proposal would have zero impact on the Solar Access provisions, as the fence is lining the East property line, and bordering Broadway. Also, the solar access ‘fence’ for this property is set at 12’, 6ft taller than the existing fence and 3.5’ taller than the actual, proposed fence. How exactly additional height will mitigate the noise levels from Broadway: Response: Standing outside the front door (which is at the center of the house and does not face Broadway), we measured current road noise at 40-83 decibels. This level approaches the “harmful” range according to Healthlink.com. After consulting with an acoustical engineer, we believe that noise levels on the ground floor will reduce by up to 20 decibels with the requested additional wall height. This reduction would bring the noise levels into an acceptable and healthy range, and would provide enormous relief to the home owner and his daughter. 05.13.2021 BOZA Packet Page 10 of 26 Lastly, please find attached a photo of the entire existing CMU wall span, indicating its height at various locations. The current wall is shockingly uniform and consistent in height (6’). We proposed to ‘top’ it in the exact same style, material, and color. Thank you for your consideration, Cecelia Daniels Project Manager RODWIN ARCHITECTURE DESIGN [BUILD] GREEN 1245 Pearl Street, Suite 202 Boulder, CO 80302 c 970 316 3222 cecelia@rodwinarch.com www.rodwinarch.com 05.13.2021 BOZA Packet Page 11 of 26 5472546924"18"8"27"8"14"30"15"24"16"18"12"28"29"3633 BROADWAY25' SETBACK (FRONT)25' SETBACK10' SETBACK (25' COMBINED)15' SETBACK (25' COMBINED)EXISTING 2 STORY HOUSEEXISTING CURB CUT DRIVEWAY ACCESS POINT FROM BROADWAYETREEEGGGGGWWSSSSSSEWATER METERN 89°51'35" E 160.20'S 89°51'35" W 164.20'N 00°00'00" E 185.00'N 00°00'00" E 67.30'N 01°33'05" W 147.74'CITY OF BOULDERUTILITY AND SIDEWALK EASEMENT RN 2897196EPTREEECONCRETE SIDEWALKEEEEEFENCEGATEW36' - 8"38' - 8"101' - 0"BROADWAYBROADWAYWWEXISTING CONCRETE DRIVEWAY54705471547254735469546854675466546554745475547654775471547054725473547254715468EXISTING ASPHALT DRIVEWAY10'245'(EXISTING)(EXISTING)(EXISTING)EXISTING ASPHALT DRIVEWAYSEWER SERVICE3627 BROADWAY1" WATER SERVICE FOR RESIDENCEWATER VALVEECONCRETE PATIOTETTLOT 130,081 SF.691 ACRESTELEPHONE/DATA PEDESTAL5474.00'30' - 0"3' x 45' FENCE EASEMENT & CONSTRUCTION AND MAINENANCE EASEMENT RN 03538887 & RN 03543955GGGGGGGGGGEEEEEEEEEEEXISTING GAS SERVICE FOR 3627 BROADWAY, UTILIZE FOR PROPOSED RESIDENCEEXISTING ELECTRICAL PEDESTAL SERVICING 3627 BROADWAY, UTILIZE FOR PROPOSED RESIDENCEUNDERGROUND ELECTRICAL LINE UNDERGROUND GAS LINE 50' - 8"87' - 5"1245 Pearl St., Suite 202Boulder, Colorado 80302(p) 303.413.8556 (f) 303.413.8557www.rodwinarch.comRODWIN ARCHITECTUREDRAWN:CHECKED:REVISED:DATE:NOTICE: DUTY OF COOPERATIONRelease of these plans contemplates further cooperation among the owner, his contractor and the architect. Design and construction are complex. Although the architect and his consultants have performed their services with due care and diligence, they cannot guarantee perfection. Communication is imperfect and every contingency cannot be anticipated. Any ambiguity or discrepancy discovered by the use of these plans shall be reported immediately to the architect. Failure to notify the architect compounds misunderstanding and increases construction costs. A failure to cooperate by a simple notice to the architect shall relieve the architect from responsibility for all consequences. Changes made from the plans without consent of the architect are unauthorized, and shall relieve the architect of responsibility for all consequences arriving out of such changes.© COPYRIGHT:This document, inclusive of all the ideas incorporated herein, is the exclusive property of Rodwin Architecture. Any use of this document or ideas, without the written consent of Rodwin Architecture is prohibited.A0.13633 BROADWAY BOULDER CO 80304FLAHERTY RESIDENCEArchitectural Site PlanCD07/24/2020CD, JPSR07/24/20201" = 10'-0"1Site PlanN20°PROJECT NORTHNo. Description DateEXISTING CONCRETE BLOCK WALL, RAISE HEIGHT TO 8’-6”FENCE143' - 8"11' - 4"11' - 3"16' - 6"23' - 5"72)5267)281'$7,21:$// 72 0$;&08:$//1" = 1'-0"2CMU Site Wall - Section05.13.2021 BOZA Packet Page 12 of 26 05.13.2021 BOZA Packet Page 13 of 26 3633 Broadway - CMU Wall We measured the height of the existing CMU wall in roughly 18’ increments (red lines below), and in ALL instances it was 6’ tall. 05.13.2021 BOZA Packet Page 14 of 26 Image capture: Jul 2019 © 2020 Google 3633 Broadway View From Street 05.13.2021 BOZA Packet Page 15 of 26 05.13.2021 BOZA Packet Page 16 of 26 05.13.2021 BOZA Packet Page 17 of 26 05.13.2021 BOZA Packet Page 18 of 26 05.13.2021 BOZA Packet Page 19 of 26 05.13.2021 BOZA Packet Page 20 of 26 05.13.2021 BOZA Packet Page 21 of 26 05.13.2021 BOZA Packet Page 22 of 26 CITY OF BOULDER BOARD OF ZONING ADJUSTMENT ACTION MINUTES March 11, 2021, 5 p.m. Virtual Meeting Board Members Present: Jill Lester (Chair), Cherie Goff, Jack Rudd, Michael Hirsch Board Members Absent: Elizabeth Prentiss City Attorney Representing Board: Erin Poe Staff Members Present: Robbie Wyler, Cindy Spence, James Hewat 1. CALL TO ORDER: J. Lester called the meeting to order at 5:02 p.m. 2. BOARD HEARINGS: A. Docket No.: BOZ2020-18 Address: 776 14th Street Applicant: Paul Summerside Setback, Bulk Plane & Solar Exception Variances: As part of a proposal to renovate and construct a rear addition to the existing historic and nonconforming single-family house, the applicant is requesting a variance to the setback, bulk plane and solar access requirements for a principal structure in the RL-1 zoning district. The resulting north interior side yard setback will be approximately 4.5 feet (taken from the upper story addition) where 5 feet is required and approximately 4.7 feet exists today (taken from the existing lower story). The resulting south interior side yard setback will be approximately 8.3 feet (taken from the replaced lower-level south wall) where 10.5 feet is required in order to meet the combined side yard setback and approximately 8.3 feet exists today from that location; the current southern setback for the entire house is approximately 7.6 feet. Next, the resulting bulk plane encroachment at the north side of the addition will project beyond the plane by approximately 12 feet where an approximate 12-foot projection exists with the home’s current roofline. And lastly, the applicant is requesting a solar access exception to the solar access Area 1 regulations due to the addition. The property to the north (792 14th Street) will be the only property affected by this request. Sections of the Land Use Code to be modified: Sections 9-7-1, 9-7-9 & 9-9-17, BRC 1981. Staff Presentation: R. Wyler presented the item to the board. Board Questions: R. Wyler answered questions from the board. 05.13.2021 BOZA Packet Page 23 of 26 Applicant’s Presentation: Ely Merheb, with Verso, LLC, presented the item to the board. Board Questions: Ely Merhab, representing the applicant, answered questions from the board. Public Hearing: No one from the public addressed the board. Board Discussion: Key Issue #1: Solar Access Exception Variance • C. Goff recused herself after realizing she had a relationship with the general contractor for the project. • J. Rudd said he would support the project and agreed with what had been discussed. While there may be other architectural solutions, the proposal would work well. It would be a good solar solution. • M. Hirsch said he would be in support of this solar variance and the right thing is being proposed. • J. Lester said that while there might be other solutions, this might be the best. She would support it. On a motion by J. Rudd, seconded by M. Hirsh, the Board of Zoning Adjustment approved 3-0 (C. Goff recused, E. Prentiss absent) the solar access exception variance (Docket BOZ2020-18) as submitted. Key Issue #2 & #3: Setback Variance & Bulk Plane Variance for Rear Addition • M. Hirsch said that there is an existing encroachment and a desire to expand. The applicant’s approach was acceptable. He stated that there was no issue from the Landmarks Board’s standpoint. He would be in favor of approval. • J. Rudd was in favor of approving. He remarked that the neighborhood had existing inconsistencies. Each decision by the applicant’s proposal was well thought-out. • J. Lester said the weighing in of the Landmarks Board was a significant factor and their support was important. She would be in favor. Motion: On a motion by J. Rudd, seconded by M. Hirsh, the Board of Zoning Adjustment approved 3-0 (C. Goff recused, E. Prentiss absent) the application Docket BOZ2020-18) as submitted. B. Docket No.: BOZ2021-07 Address: 3325 Folsom Applicant: Dante & Ashley Ortiz and the Clarke Family Living Trust Setback Variance: As part of a proposal to construct a rear single-story addition onto the single-family home, the applicants are requesting a variance to the side (north) yard setback requirement for a principal structure in the RE zoning district. The resulting north setback will be approximately 10 feet where 15.8 feet is required and approximately 8.4 feet exists today. Section of the Land Use Code to be modified: Section 9-7-1, BRC 1981. 05.13.2021 BOZA Packet Page 24 of 26 Staff Presentation: R. Wyler presented the item to the board. Board Questions: R. Wyler answered questions from the board. Applicant’s Presentation: Dante and Ashley Ortiz, the applicants, presented the item to the board. Board Questions: Dante and Ashley Ortiz, the applicants, answered questions from the board. Public Hearing: David Neiger spoke and was generally in support of the project. He had concerns regarding the sloping of the roof on the proposed addition possibly blocking their views to the south and southwest. He would prefer the roof to slope the opposite direction and could be less impactful. Board Discussion: • C. Goff said she was struggling with if the request was minimal because a large portion of it would be extending over the property line. While the lot is narrow, she said she was struggling to find the balance comparing it with other lots in the neighborhood. The variance appeared to be large. • J. Rudd said that one often depends on setbacks being uniform. He would be hesitant to support this request. He said he felt there may be an architectural solution that may not involve having that wing of the house as proposed. • M. Hirsch echoed J. Rudd. He said we should look at use by-right alternatives. The lot has much open space accessible and other alternatives available that would not interfere with the neighbors which would still achieve the applicant’s goals. • J. Rudd added that there is a perception of value in maintaining the existing setbacks. • J. Lester said she would be uncomfortable approving this proposal given the large lot situation. She understood the applicant’s single-story preference and the aging in place. However, there could be other solutions that would still accomplish those goals with a minimal ask. She could not support the proposal as presented and there are other solutions that would have less impact. • Staff reiterated why they would be in support of an approval for the project to the board. • C. Goff questioned that since the modification is modest on one side, then perhaps it would be meeting the minimal setback. She said that would be the only way in which it would be meeting the term “modest”. The project would still not be modest in terms of length and width. She stated that she was still struggling with approval. • J. Rudd said he was looking at the relationship of spaces and the relationship to the neighbors’ houses. • M. Hirsch after staff’s explanation, he did not see it as a spacing issue between the houses, although we do like to see them be acceptable and livable. Zoning rules have changed over the years and there are by-right alternatives available. The applicant’s lot has ample existing space. • J. Lester informed the applicants that the board is struggling, they are not a design board, and may not approve. She explained the rights of the applicant to continue their application rather than have a denial of the project. Motion: 05.13.2021 BOZA Packet Page 25 of 26 On a motion by M. Hirsch, seconded by J. Rudd, the Board of Zoning Adjustment voted 4- 0 (E. Prentiss absent) to continue the application (Docket BOZ2021-07) to within ninety (90) days. 3. GENERAL DISCUSSION: A. Approval of Minutes On a motion by J. Lester, seconded by M. Hirsch, the Board of Zoning Adjustments voted 4-0 (E. Prentiss absent) to approve the February 11, 2021 BOZA minutes. B. Matters from the Board o J. Lester addressed creating an ADU subcommittee and begin the work that had been discussed in the BOZA’s 2021 Letter to Council. The board agreed to wait until next month to set up the subcommittee after the new board appointments were made. C. Matters from the City Attorney There were no matters from the City Attorney. D. Matters from Planning and Development Services There were no matters from the Planning and Development Services. 4. ADJOURNMENT: There being no further business to come before the board at this time, BY MOTION REGULARLY ADOPTED, THE MEETING WAS ADJOURNED AT 7:16 P.M APPROVED BY _________________________________ Board Chair _________________________________ DATE 05.13.2021 BOZA Packet Page 26 of 26