HomeMy WebLinkAboutItem 5B 1015 Juniper Ave Memo 03.06.2024
MEMORANDUM TO THE LANDMARKS BOARD
March 6, 2024
STAFF
Brad Mueller, Director of Planning and Development Services
Kristofer Johnson, Comprehensive Planning Senior Manager
Chris Reynolds, Deputy City Attorney, City Attorney’s Office
Marcy Gerwing, Principal Historic Preservation Planner
Clare Brandt, Historic Preservation Planner
Aubrey Noble, Program Coordinator and Board Secretary
Olivia Simard, Historic Preservation Intern
CONSIDERATION OF INITIATION HEARING
Public hearing to consider adopting a resolution to initiate the process for landmark
designation of 1015 Juniper Ave. pursuant to Section 9-11-3 of the Boulder Revised Code, 1981
or alternatively issue a demolition approval pursuant to Section 9-11-23 B.R.C, 1981.
Address: 1015 Juniper Ave.
Case Number: HIS2023-00180
Owner: Lillie Family Revocable Trust
Applicant: City of Boulder Landmarks Board
Case Type: Initiation
Code Section: 9-11-3, B.R.C., 1981
EXECUTIVE SUMMARY
The decision in front of the Landmarks Board is whether to initiate the landmark designation
process, or alternatively issue a demolition approval. Staff recommends the Board not initiate
landmark designation, as although the house has historic and architectural significance, it has
been demonstrated to be impractical to rehabilitate the building within the existing flood
zone, or move it outside of the flood zone. As such, initiation of landmark designation would
not represent a reasonable balance between private property rights and public interest. If the
Landmarks Board does not take action prior to March 25, 2024 and the expiration of the stay of
demolition, the demolition of the house will be approved per Section 9-11-23 B.R.C, 1981.
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PROPERTY INFORMATION
House: 1925
Zoning: RR-2 (Residential-Rural 2)
Lot Size: 15,591 sq. ft. (Boulder County Assessor estimate)
Building Size: 1,602 sq. ft. (Assessor est. of first floor above ground finished)
Figure 1. Location map showing 1015 Juniper Ave.
Figure 2. Left: 1941-1962 photograph of 1015 Juniper Ave. from Real Estate Appraisal Card. Carnegie Library for
Local History. Right: 2023. Staff photograph.
Figure 3. Left: 1015 Juniper Ave. historic building inventory record (link) photograph of 1015 Juniper Ave., 1995.
Carnegie Library for Local History. Right: 2023 photograph provided by applicant.
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STAFF RECOMMENDATION
Staff recommends the Landmarks Board not initiate landmark designation for the property at
1015 Juniper Ave. for the following reasons:
• While staff believes that the house has historic significance for its association with
the McIntosh family, in particular Freda D. McIntosh, who held the office of Boulder
County Treasurer from 1952 until 1970 and was the second woman to hold the
position; and architectural significance as an intact example of a Bungalow that
incorporates significant elements of the Craftsman style constructed approx. 100
years ago, the location of the property within the 100-year floodplain and/or the
conveyance zone renders the preservation of the house to be complex and likely
infeasible (see Analysis section).
• In recognition of the need to draw a reasonable balance between private property
rights and the public interest in preserving the city’s cultural, historic, and
architectural heritage, the Landmarks Board has pursued the initiation of landmark
designation over the owner’s objection only rarely.
• There has been some community interest in the proposed demolition with five people
speaking during hearings and/or writing to the Landmarks Board to advocate
preservation; five people spoke and/or wrote to the Landmarks Board in support of
the demolition of the buildings.
• There are limited staff resources available to process applications for designation of a
property without the owner’s input or community support.
• Due to these factors, staff considers initiation over the owner’s objection would not
represent a reasonable balance between private property rights and public interest in
preserving the city’s cultural, historic and architectural heritage.
RECOMMENDED MOTION
Do Not Initiate Landmark Designation
I move that the Landmarks Board adopt the staff memorandum dated March 6, 2024, as the
findings of the board and not initiate the process for landmark designation, finding that it
does not meet the criteria for such initiation pursuant to Section 9-11-3 “Initiation of
Designation for Individual Landmarks and Historic Districts” of the Boulder Revised Code 1981,
and, in balance, is not consistent with the goals and policies of Section 2.27 of the Boulder
Valley Comprehensive Plan.
If the Landmarks Board does not take action on the demolition application prior to the March
25, 2024 expiration of the stay of demolition, demolition of the house will be approved per
Section 9-11-23, B.R.C. 1981. Prior to demolition of the house, the City will require archival
documentation of the house through photographs and measured elevations.
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ALTERNATIVE MOTION(S)
Initiate Landmark Designation
If the Landmarks Board chooses to initiate the process for landmark designation pursuant to
Section 9-11-3 of the Boulder Revised Code, 1981, staff recommends the following motion
language:
I move that the Landmarks Board adopt the resolution (Attachment A) to initiate the process
for landmark designation, finding that it meets the criteria for such initiation pursuant to
Section 9-11-3 “Initiation of Designation for Individual Landmarks and Historic Districts” of the
Boulder Revised Code 1981, and, in balance, is consistent with the goals and policies of Section
2.27 of the Boulder Valley Comprehensive Plan.
Approve Demolition
If the Landmarks Board chooses to issue a demolition approval pursuant to Section 9-11-23
B.R.C, 1981 of the Boulder Revised Code, 1981, staff recommends the following motion
language:
I move that the Landmarks Board approve the application for demolition, finding that the
house at 1015 Juniper Ave. does not meet the criteria for initiation pursuant to Section 9-11-3
“Initiation of Designation for Individual Landmarks and Historic Districts” of the Boulder
Revised Code 1981, and, in balance, is not consistent with the goals and policies of Section 2.27
of the Boulder Valley Comprehensive Plan.
As a condition of approval, prior to approval of the demolition application, the applicant shall
submit to staff for review, approval, and recording with the Carnegie Library for Local History:
1. A site plan showing the location of all existing improvements on the subject property;
2. Measured elevation drawings of all exterior elevations of the house depicting existing
conditions, fully annotated with architectural details and materials indicated on the
plans; and
3. High resolution and professional quality digital color images of all exterior elevations.
BACKGROUND
• On Sept. 19, 2023, the Planning & Development Services Department accepted a
demolition application for the house and accessory buildings at 1015 Juniper Ave.
• On Sept. 20, 2023, the Landmarks Design Review Committee (Castellano, Decker,
Gerwing) referred the application to demolish the 1925 house to the Landmarks Board
for review in a public hearing, finding there was “probable cause to believe that the
building may be eligible for designation as an individual landmark.”
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• At the Sept. 20th LDRC meeting the committee additionally determined that the
accessory buildings were not potentially eligible for designation and that staff level
approval would be appropriate for the accessory buildings only.
• On Sept. 27, 2023, the owner paid the Landmarks Board hearing fee for the review of
the house.
• On November 1, 2023, the Landmarks Board voted (4-1, Castellano dissenting) to place
a stay-of-demolition on the application, finding the buildings may be eligible for
designation and contribute to the character of the neighborhood, and it had not been
demonstrated to be impractical or economically unfeasible to rehabilitate the
buildings. See 11.01.2023 Landmarks Board Minutes and 1015 Juniper Ave Memo to
Landmarks Board 11.01.2023 (link).
• At the Nov. 1, 2023 hearing, three members of the public spoke and two members of the
public wrote in support of preservation; one member of the public spoke and four
members of the public wrote in support of demolition. During the stay-of demolition,
one community member attended meetings and wrote to reiterate their support for
preserving the building.
• During the stay, representatives of the Landmarks Board and staff met with the owners
to discuss alternatives to demolition detailed in the Analysis section. The applicants
submitted additional information to the Landmarks Board in an update on Feb. 7, 2024
(link) and the owners submitted a letter to the Landmarks Board (link).
• On Feb. 7, 2024, the Landmarks Board voted (5-0) to schedule a hearing to consider
whether to initiate landmark designation or to issue a demolition permit for the house
at 1015 Juniper Ave. See Feb. 7, 2024 Landmarks Board Meeting Record (link).
PURPOSE AND CRITERIA FOR THE BOARD’S DECISION
The Landmarks Board may hold a public hearing to consider initiating landmark designation
and may consider, without limitation § 9-11-3 Initiation of Designation for Individual
Landmarks and Historic Districts B.R.C. 1981, § 9-11-1, Purpose and Legislative Intent, and § 9-
11-2, City Council May Designate or Amend Landmarks and Historic Districts. Initiation
hearings are legislative, not quasi-judicial.
ANALYSIS
The following is the staff’s analysis of the standards for determining whether to initiate the
designation of an individual landmark designation:
Section 9-11-1, Purpose and Legislative Intent
(a) The purpose of this chapter is to promote the public health, safety and welfare by
protecting, enhancing and perpetuating buildings, sites and areas of the city
reminiscent of past eras, events and persons important in local, state or national
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history or providing significant examples of architectural styles of the past. It is also
the purpose of this chapter to develop and maintain appropriate settings and
environments for such buildings, sites and areas to enhance property values, stabilize
neighborhoods, promote tourist trade and interest and foster knowledge of the city’s
living heritage.
Analysis: See 1015 Juniper Ave Memo to Landmarks Board 11.01.2023 (link) for full
significance analysis. Summary as follows:
Historic Significance
Staff considers the property has historic significance. According to staff research, the
house was constructed in 1925. From 1941 to 1978, the house was associated with the
McIntosh family. Lynn R. McIntosh was Deputy Sherrif, clerk of the County Court, and
County Treasurer until his death in 1952. His wife, Freda D. McIntosh, held the office of
Boulder County Treasurer from 1952 until 1970, and was the second woman to hold the
position. Throughout the early 20th Century, this area of Boulder was primarily agricultural.
Many large farms and ranches were located in this area of Boulder in the early 1900’s. The
1995 survey of the Newland Addition and North Boulder 1 identified 1015 Juniper Ave. as a
generally well-preserved example of early twentieth century architectural styles which
should be considered for local designation.
Architectural Significance
Staff considers the house to have architectural significance as an intact example of a
Bungalow that incorporates significant elements of the Craftsman style, including the
moderately-pitched front gable roof, overhanging eaves with exposed rafter tails, battered
porch posts, triangular knee braces, divided upper window lights and simple horizontal
lines including very narrow wood siding.
Environmental Significance
The property is not located in an identified potential historic district. The house retains its
historic character, with a flagstone walk, lawn and decorative plantings near the house and
is an example of the area’s open and agricultural character from the late 19th Century
through the late 1950s. This area of Boulder was annexed into the city in 1959. While a
sense of openness remains in this neighborhood, the area’s earliest structures have been
altered to the point where historic integrity no longer remains or they were demolished and
replaced with larger, more modern buildings. 1015 Juniper Ave. is a representative example
of the character of this area of Boulder in the early 20th Century.
1 Front Range Research Associates. “Boulder Survey of Historic Places: Newland Addition North Boulder.” June 1995. City of
Boulder.
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(b) The city council does not intend by this chapter to preserve every old building in the
city but instead to draw a reasonable balance between private property rights and the
public interest in preserving the city's cultural, historic and architectural heritage by
ensuring that demolition of buildings and structures important to that heritage will be
carefully weighed with other alternatives and that alterations to such buildings and
structures and new construction will respect the character of each such setting, not
by imitating surrounding structures, but by being compatible with them.
In recognition of the need to draw a reasonable balance between private property rights
and the public interest in preserving the city’s cultural, historic, and architectural heritage,
the Landmarks Board has pursued the initiation of landmark designation over the owner’s
objection only rarely.
In the past 10 years, approximately 70 stays-of-demolition have been imposed by the
Board. Only three times during that period has the Board initiated and subsequently
recommended landmark designation of a property over the owner’s objection.2 However,
many stays during this same period have resulted in the avoidance of demolition through
reconsideration of projects and the preservation of buildings. Recent examples in which
stays of demolition have resulted in the applicant filing an application for landmark
designation include 1836 Pearl St. (2019), 2326 Goss St. (2019) and 2122 22nd St. (2021).
Likewise, there are many examples of stays that have been allowed to expire (or demolition
applications approved prior the stay expiring) by the Board when reasonable alternatives
to demolition have not been found.
The house at 1015 Juniper Ave. was proposed for demolition and the Landmarks Board
placed a stay of demolition on the application to provide time to consider alternatives to
demolition. During the stay, representatives of the Landmarks Board and staff met with
the owners to discuss alternatives to demolition, including preservation in place within the
100-year floodplain; on-site relocation within the floodplain and/or conveyance zone; off-
site relocation; and salvage of materials. Conversations included the benefits and
incentives for designation, including using the existing building as an on-site accessory
building.
• The building is within the regulatory FEMA 100-year flood zone (see Figure 4) and is 7.2
inches below the required flood protection elevation. It would have to be elevated if
rehabilitation or improvements exceed thresholds of $104,855 or 801 sq. ft. per Section
9-3-3 B.R.C (1981). As there are no exemptions for floodplain compliance, staff does
2 Demolition applications that the Landmarks Board voted to initiate landmark designation and recommend designation to City
Council between 2013 and 2021 include 747 12th St. (2014); 2326 Goss St. (2019); and 940 North St. (2019).
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not consider incorporation of the existing house into the redevelopment plans of the
site to be economically feasible.
• Given the cost of relocation of the house and the location of the property within the
100-year floodplain and/or the conveyance zone (see Figure 4), staff does not consider
on-site relocation of the house to be feasible: The northern portion of the lot is in the
Conveyance Zone, an area regulated by Section 9-3-4 B.R.C (1981). The applicants
considered that there is “limited room to relocate the home to the north.” Staff
considers that it would be cost-prohibitive and/or infeasible to relocate the existing
building within this zone or elsewhere on the property.
Figure 4. Location of 1015 Juniper Ave. (yellow outline) within both the regulatory FEMA 100-year flood zone (blue)
and the conveyance zone (green). Maplink graphic.
• Although there is potential for relocating the building off-site, staff considers off-site
relocation of the house likely economically infeasible. The applicants did not provide
specific cost estimates but noted that the cost to relocate the property off-site
proved to be “extremely cost-prohibitive.”
Section 9-11-2. - City Council May Designate or Amend Landmarks and Historic Districts.
(a) Pursuant to the procedures in this chapter the city council may by ordinance:
(1) Designate as a landmark an individual building or other feature or an integrated
group of structures or features on a single lot or site having a special character and
historical, architectural or aesthetic interest or value and designate a landmark site
for each landmark.
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On Feb. 7, 2024, the Landmarks Board voted (5-0) to schedule a hearing to consider
initiation of landmark designation. See Feb. 7, 2024 Landmarks Board Meeting Record
(link).
Section 9-11-3(d), Initiation of Designation for Individual Landmarks and Historic Districts –
Criteria for Review
(1) There is probable cause to believe that the building or district may be eligible for
designation as an individual landmark or historic district consistent with the purposes
and standards in sections 9-11-1 Legislative Intent, 9-11-2 City Council May Designate or
Amend Landmarks and Historic Districts, and 9-16-1, General Definitions B.R.C. 1981;
See analysis above regarding historic, architectural, and environmental significance.
(2) There are currently resources available that would allow the city manager to complete
all of the community outreach and historic analysis necessary for the application;
Initiation of landmark designation over an owner’s objection requires additional staff
resources including outreach and analysis. There are limited staff resources available to
process applications for designation of a property without the owner’s input or community
support. Diverting resources away from other Board and program priorities is not
recommended.
(3) There is community and neighborhood support for the proposed designation;
There has been some community interest in the building since the application was
submitted in Sept. 2023. At the Nov. 1, 2023 hearing, three members of the public spoke
and two members of the public wrote in support of preservation. During the stay-of
demolition, one community member has attended meetings and written to reiterate their
support for preserving the building.
Additionally, one member of the public spoke and four members of the public wrote in
support of demolition of the buildings.
(4) The buildings or features may need the protection provided through designation;
There is an active application for full demolition of the house and accessory buildings. The
Landmarks Design Review Committee on Sept. 20, 2023 determined that the accessory
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buildings were not potentially eligible for designation and that staff level approval would
be appropriate for the accessory buildings only.
If the Landmarks Board does not take action on the demolition application prior to the
March 25, 2024 expiration of the stay of demolition, the demolition of the house and
accessory buildings will be approved per Section 9-11-23, B.R.C. 1981.
(5) The potential boundaries for the proposed district are appropriate;
Not applicable for individual landmarks.
(6) In balance, the proposed designation is consistent with the goals and policies of the
Boulder Valley Comprehensive Plan;
Policy 2.27 of the Boulder Valley Comprehensive Plan states that, “The city and county will
identify, evaluate and protect buildings, structures, objects, districts, sites and natural
features of historic, architectural, archaeological or cultural significance with input from
the community.”
The plan does not speak specifically to landmark designation over an owner’s objection.
Staff and members of the Landmarks Board met with the owner to discuss possible
alternatives to demolition during the stay but no alternative was found.
(7) The proposed designation would generally be in the public interest.
Staff considers that designating this property over the owner’s objection would not
represent a reasonable balance between private property rights and the public’s interest
due to the location of the existing house within the regulatory FEMA 100-year flood zone
and the conveyance zone.
BOARD OPTIONS
(1) Do not initiate landmark designation
The Landmarks Board may make a motion to not initiate landmark designation, in
which case the stay of demolition will continue until March 25, 2024. If the Landmarks
Board allows the stay of demolition to expire, the city manager will approve the
demolition application for the house after March 25, 2024.
As a condition of approval, prior to approval of the demolition application, the
applicant shall submit to staff for review, approval, and recording with the Carnegie
Library for Local History:
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1. A site plan showing the location of all existing improvements on the subject
property;
2. Measured elevation drawings of all exterior elevations of the house depicting
existing conditions, fully annotated with architectural details and materials
indicated on the plans; and
3. High resolution and professional quality digital color images of all exterior
elevations.
(2) Initiate designation of the property as an individual landmark by adopting the
resolution under Attachment A.
If the Board chooses to initiate the process for reviewing the designation of the
property, it must do so by resolution. A draft resolution is included in Attachment A:
Draft Resolution. If initiated, the application will be scheduled for a public hearing
before the Landmarks Board between 60 to 120 days in order to determine whether the
proposed designation conforms with the purposes and standards in Sections 9-11-1
Legislative Intent and 9-11-2 City Council May Designate Landmarks and Historic
Districts B.R.C. 1981. The owner must obtain a Landmark Alteration Certificate prior to
the submission of building permit applications for the property if they choose to
proceed while the application is pending, or they may choose to wait until the
application process is complete.
(3) Approve the demolition application.
The Landmarks Board may make a motion to issue a demolition approval pursuant to
Section 9-11-23 B.R.C, 1981.
ATTACHMENTS
A: Draft Resolution
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RESOLUTION NO. _______
A RESOLUTION OF THE LANDMARKS BOARD INITIATING THE DESIGNATION OF 1015 JUNIPER
AVE., BOULDER, COLO AS AN INDIVIDUAL LANDMARK.
WHEREAS, on February 7, 2024 the Landmarks Board voted to schedule an initiation hearing for 1015
Juniper Ave.; and
WHEREAS, on March 6, 2024, the Landmarks Board held an initiation hearing to determine whether to
initiate designation of the property at 1015 Juniper Ave. and determined that the property meets the standards for
initiation;
NOW, THEREFORE, BE IT RESOLVED BY THE LANDMARKS BOARD OF THE CITY OF BOULDER,
COLORADO:
The City of Boulder Landmarks Board hereby initiates the designation of 1015 Juniper Ave. as an individual
landmark and will schedule a designation hearing in accordance with the historic preservation ordinance no fewer than
sixty days and no greater than one hundred-twenty days from the date of this resolution.
ADOPTED this 6th day of March 2024.
This resolution is signed by the chair of the Landmarks Board on March 6, 2024.
_____________________________________
Chair, Landmarks Board
ATTEST:
_________________________________
Secretary to the Board
Attachment A - Draft Resolution
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