2015-04_2951 10th Street Disposition Packet
N O T I C E
FINDINGS AND DECISION OF THE CITY OF BOULDER BOARD OF ZONING
ADJUSTMENT DISPOSITION OF ZONING CASE
DOCKET NUMBER 2015-00004
CONCERNING THE APPLICATION FOR A VARIANCE OF THE SETBACK REQUIREMENTS OF SECTION 9-
7-1, B.R.C. 1981 AT 2951 10TH STREET, BOULDER, COLORADO 80304, OF FRANZ LEBERL WHOSE
MAILING ADDRESS IS 2949 10TH STREET, BOULDER, COLORADO 80304.
On June 11, 2015, the City of Boulder Board of Zoning Adjustment, a quorum being present, held a public
hearing, after giving notice as required by law, on the application for the following variance:
Setback Variance: As part of a proposal to raise existing walls on a portion of an existing single-family
house to make way for a new gabled roof, the applicant is requesting a variance to the front yard and side yard
setback requirements of the RL-1 zoning district. The resulting front yard setback facing east will be approximately
24.08 feet where 25 feet is required and 24.08 feet exists today. The resulting side yard setback facing south will be
approximately 4.6 feet where 9.8 feet is required and 4.6 feet exists today. Section of the Land Use Code to be
modified: Section 9-7-1, BRC 1981.
Based on our field investigation and the relevant testimony, exhibits, and other evidence introduced at the
hearing, and in accordance with the applicable provisions of the Boulder Revised Code, 1981, we find by a
preponderance of the evidence that the criteria for granting a variance have been met, and grant the variance as
requested.
This variance is limited to the use and structure for which it was requested, including the location on the lot and
maximum height, as approved by the Board of Zoning Adjustment.
This variance was approved by the vote of 3-0 (M. Hirsch and D. Schafer absent).
EXECUTED this 11th day of June, 2015, effective as of June 11, 2015.
Ellen McCready, Presiding Officer of the Board at the Meeting
By:_______________________________________________
Robbie Wyler, Secretary to the Board of Zoning Adjustment
This decision constitutes a final decision as of the date of the hearing at which it was reached. If a variance was
granted, the variance expires within 180 (one hundred eighty) days from the date on which it was granted unless a
building permit for such variance is applied for within such period.
CITY OF BOULDER
Planning and Development Services
1739 Broadway, Third Floor • P.O. Box 791, Boulder, Colorado 80306-0791
phone 303-441-1880 • fax 303-441-3241 • email plandevelop@bouldercolorado.gov
www.boulderplandevelop.net
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Date: 05-20-2015 pg.1/
To: Franz Leberl
File: Leberlmemo16 2015
Project: BOZA Variance | 2951 10th | Boulder, CO | WRITTEN STATEMENT |
BOZA VARIANCE CRITERIA
(h) CRITERIA FOR VARIANCES
The BOZA may grant a variance only if it finds that the application satisfies all of the
applicable requirements of paragraph (1), (2), (3), or (4) of this Subsection and the
requirements of paragraph (5) of this Subsection.
(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
NOTE: Typical response text is italicized.
The attached Application for Building Permit dated 9-8-1946 indicates a 40 ft. wide
home with 5 ft. setbacks at North & South side yards on a 50 ft. wide lot.
The owner proposes to add:
* Approx. 20” of wall height along 19 lineal ft. of the South wall
* Approx. 4’-6” height of gable end wall (@ the peak) at the East wall
* New Gable roof to replace (e) hip roof
(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
n/a
(B) The unusual circumstances or conditions do not exist
throughout the neighborhood or zoning district in which the
property is located; and
This is a modest request for a slight modification to an existing 1-1/2 story
structure. The owner desires to add a new bath and upgrade the interior finishes.
To accommodate plumbing and insulation, the floor is proposed to be raised ~
16” to match the existing main floor.
Raising the exterior walls modestly, allows for code compliant headroom.
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BOZA Variance | 2951 10th | Boulder, CO | WRITTEN STATEMENT | pg.2/4
(1) Physical Conditions or Disability ( cont.)-
(C) Because of such physical circumstances or conditions the
property cannot reasonably be developed in conformity with the
provisions of this chapter; and
The existing floor is proposed to be raised ~16” to match the main living space
floor elevation and results in low, non-compliant headroom if the wall plate is
not raised.
(D) Any unnecessary hardship has not been created by the
applicant.
The owner purchased the home “as is” and did not create the existing conditions.
(2) Energy Conservation
(A) The variance will permit construction of an addition to a building
that was constructed on or before January 1, 1983;
Original home permitted in 1946.
(B) The proposed addition will be an integral part of the structure of
the building;
Existing structure: proposal to add wall height to accommodate raised floor to
accommodate necessary plumbing and compliant ceiling height.
(C) The proposed addition will qualify as a "solar energy system" as
defined in Section 9-16, "Definitions," B.R.C. 1981, or will
enable the owner of the building to reduce the net use of energy
for heating or cooling purposes by a minimum of 10% over the
course of a year of average weather conditions for the entire
building; and
The remodeled space will incorporate code compliant insulation values and
greatly improve the thermal efficiency of the existing house.
(D) The costs of constructing any comparable addition within
existing setback lines so as to achieve comparable energy
purposes would be substantially greater than the cost of
constructing the addition which is proposed for the variance.
Since the house was built, the combined side yard setbacks have gone from ten
ft. to the current fifteen feet. To meet the current ordinance, would be
economically impractical and reduce solar options.
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BOZA Variance | 2951 10th | Boulder, CO | WRITTEN STATEMENT | pg.3/4
(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;
n/a- This is a modification to an existing portion of the house.
(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
The modification would not interfere with solar access.
(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.
The proposed modification is minor in nature and would not exceed potential
building volume amounts reduced by Solar Access requirements.
(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.
Property is not a designated historic property or within a Historic District.
(5) Requirements for All Variance Approvals
(A) Would not alter the essential character of the neighborhood or
district in which the lot is located;
This is a modest adjustment to a portion of the house’s roof line and will
improve the look and function of the home.
(B) Would not substantially or permanently impair the reasonable
use and enjoyment or development of adjacent property;
This is a modest adjustment to part of the house’s roof line and will
improve the look and function of the home. The property owner lives next door at
2949 10th and desires to improve the functionality and look of the house at 2951
10th.
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BOZA Variance | 2951 10th | Boulder, CO | WRITTEN STATEMENT| pg.4/4
(5) Requirements for All Variance Approvals (cont.)-
(C) Would be the minimum variance that would afford relief and
would be the least modification of the applicable provisions of
this title; and
Yes, this is a modest, practical request to achieve improved functionality for the
house.
(D) Would not conflict with the provisions of Section 9-9-17, "Solar
Access," B.R.C.1981
The existing 1-1/2 story home along the south property complies with solar
shading and the proposed modification will comply, as well.
Prepared & Submitted by:
Robert Netterstrom
Licensed Architect
Robert Netterstrom Architecture + Planning
Boulder, Colorado 80302
V 303. 444.2699 F 303. 449.1030
e-mail: bobnetter@hotmail.com
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