3A - Draft Minutes - BOZA - February 14, 2008CITY OF BOULDER
BOARD OF ZONING ADJUSTMENT
ACTION MINUTES
February 14, 2008/ 5 p.m.
1777 Broadway, Council Chambers Room
Board Members Present: Jonathon Hondorf, Annette Shaver, Mark Young
Board Members Absent: Robert Fiehweg, Joel Terwilliger
Staff Members Present: Brian Holmes, Meghan Lawson, Erin O'Brien
1. CALL TO ORDER:
Ms. Shaver called the meeting to order at 5:00 p.m.
Ms. Shaver reviewed the rules of the board.
A. Approval of Minutes
Hondorf noted two corrections to the minutes, to reflect the recusal of one board member.
Adiustment minutes, as cotrected.
2. BOARD CASES:
Docket No.: 2006-18
Applicant: Christopher Spiewak
Address: 1116 Maxwell Avenue
The applicant is reguesting approval to demolish a significant amount of an existing
historic fourplex and reconstruct the building as a single-family home using elements of
the original building on an existing nonstandard lot. The structure is also nonstandard,
because it has a 3'-6" sideyard setback where 5'-0" is required on the west side and a total
combined side yard of 9'-11" where 15'-0" is required. The rewnstructed structwe would
have an identical footptint and setbacks as the original structure, but would have new and
enlarged dorrners on the second level and would be expanded in the rear. A variance to
the combined setback restrictions was required for the rear expansion to allow 12'-5"
where I S'-0" is required. In order to now reconstruct the existing west wa~l, additional
variances are requested to allow a west interior side yard setback of 3'-6" where 5'-0" is
required and to allow a combined side yard setback of 9'-11" where 15'-0" is required.
Section of the Land Use Regulations to be varied: Section 9-7-1 B.R.C. 1981.
Staff noted that a defect in public notice had occured, due to the fact that the sign at the
property had not been posted.
On a motion by Young, seconded by Hondorf, the Board of Zoning Adjustment voted to
hear the case (vote 3-0, Terwilliger and Fiehweg absent).
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Public Hearing
Chris Spiewak (owner, 1 l 16 Maxwell) -explained that the engineer's letter reviewed the
timeline in which construction had occurred, in order for the structure to be in its current
state. He noted that his expectations for the stability of the construction of the existing wall
had not been met, and felt that the replacement of the wall with new construction in the exact
same location was the most minimal request that could be made.
Jeff Kieler (owner, 1112 Maxwell) -explained that he had lived next door to the structure
for the duration of the project and felt the applicant had done due diligence in trying to
maintain the west wall. He noted that he would like the construction to be completed with
the design as proposed, rather than for a new project to be conceived and further delay to
occur.
Motion
On a motion by Hondorf, seconded by Young, the Board of Zoning Adiustment voted to
approve the application as submitted (vote 3-0, Terwilliger and FiehweQ absent), Docket No.
2006-18.
3. GENERAL DISCUSSION:
A. Matters from the Board
Hondorf noted that he was concerned about the increased number of cases of this nature,
in which preservation efforts may outweigh the efforts to build a structurally sound
building in compliance with the setbacks.
B. Matters from the City Attorney
None
C. Matters from Planning and Development Services
Holmes introduced the new Chief Building Official, Neil Poulsen, who gave a brief
presentation of the potential- for appeals with the new GreenPoints program and reviewed
the Board of Zoning Adjustment's-role in the appeal process.
Holmes noted that the Boazd may heaz an appeal to the City's use determination of a
specific business at the next month's hearing.
4. ADJOURNMENT:
There being no further business to come before the board at this time, BY MOTION
REGULARLY ADOPTED, THE MEETING WAS ADJOURNED AT 7:40 P.M.
APPROVED BY
DATE
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