Minutes - BOZA - March 19, 2008CITY OF BOULDER
BOARD OF ZONING ADJUSTMENT
ACTION MINUTES ~
March 19, 2008/ 5 p.m.
1777 Broadway, Council Chambers Room
Board Members Present: Robert Fiehweg, Jonathon Hondorf, Annette Shaver, Mark Young
Board Members Absent: Joel Terwilliger
Slaff Members Present: Brian Holmes, Meghan Lawson, Erin O'Brien
1. CALL TO ORDER:
Mr•. Fiehwee called the meeting to order at 5:05 p.m.
Mr. FiehweQ reviewed the proposed hearing procedure for the meeting. He noted that each side
will be limited to 15 minutes for opening statements and the presentation of evidence. Five
minutes were allowed for rebuttal. Cross examination was limited to 5 minutes. Public comment
was limited to 3 minutes for each member of the public.
On a motion by Young, seconded by Shaver, the Board of Zoning Adjustment voted to approve
the procedure as discussed (vote 4-0, Terwilliger absent).
2. BOARD CASES:
Docket No.: 2008-O1
Applicant: Michael Cobb
Address: 1124 Pearl Street
The applicant is appealing a use determination of the Zoning Administrator for the Nitro Club
operation at 1124 Pearl Street. This appeal is made pursuant to Section 9-6-1(b) B.R.C. 1981.
Opening Statements and Presentation of Evidence
Biian Holmes, Zoning Administrator, presented the staff position that the use be categorized as an
in~oor amusement establishment. He noted that the information provided by the applicant led s[aff
to conclude that the restaurant component would be an accessory use.
Michael Gross, Attorney for the applicant, presented the applicanYs position that the use be
categorized as a restauranU tavern with accessory entertainment use.
Public Comment
Elizabeth Allen (Boulder citizen) - spoke in objection to the applicanYs interpretation.
Rebuttal evidence and closing s[atements were provided by both staff and the applicant.
The board asked questions of staff and the applicant regarding the interpretation and deliberated.
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Motion
On a motion by Youne, seconded by Fiehweg, the Board of Zoning Adjustment voted to approve the
applicant's interpretation (vote 2-2, Hondorf and Shaver opyosed), Docket No. 2008-01.
Fiehweg noted that the split vote would allow for an automatic continuance, and that the
application would be reheard at the April 10, 2008, meeting.
Docket No.: 2008-02
Applicant: Peyman Razifard
Address: 3123 3`d Street
The applicant is appealing the denial of the administrative solar exception application ADR2007-
00208. This appeal is made pursuant to Section 9-9-17 (f)(5) B.R.C. 1981.
Opening Statements and Presentation of Evidence
Holmes reviewed the impacts of the proposed structure on the adjacent property and that staff had
determined that the application did not meet the criteria for solar exception, and had therefore denied
the application.
Roland Hower, Architect for owner, noted challenging design conditions on this site. He noted that
this is an energy efficient design alternative with a .52 floor area ratio. He reviewed the alternative
designs that were pursued, and noted that a third level would need to be eliminated.
Public Comment
Nancy Stetson (3161 3`d St.) -noted that she had no intention of placing solar panels on the south
side of the lot that would be impacted by the 2 p.m. shadows proposed by the building to the south at
3123 3`d Street.
Rebuttal evidence and closing statements were provided by both staff and the applicant.
The board asked questions of staff and the applicant and deliberated.
Motion
On a motion by Hondorf, seconded by Young, the Board of Zonine Adjustment voted to concur with
city staff and denv the application as submitted (vote 4-0), Docket No. 2008-02.
3. GENERAL DISCUSSION:
A. Approval of Minutes
On a motion by Shaver, seconded by Hondorf, the Board of Zonin~justment voted to
approve the February 14, 2008, Board of Zoning Adjustment minutes (vote 4-0).
B. Matters from the Board
Hondorf noted that the Board of Zoning Adjustment should be included in more
discussions with Planning Board and City Council as code changes are discussed in the
future.
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C. Matters from the City Attorney
None
D. Matters from Planning and Development Services
The applicant has made minor changes to the application to add a dormer on [he second story.
Staff is requesting clarification from the Board to allow for this change.
Docket No.: 2007-11
Applicant: Patrick Perrin
Address: 660 Arapahoe
As part of a proposal that will require the rescission of an existing Planned Unit
Development and construction of a two story addition on an existing non-standard building,
the applicant is requesting a variance to the combined side yard setback. The resulting
combined side yard setback will be 7'-2", where 15'-0" is required and 7'-2" currently exists.
Section of the Land Use Regulations to be varied: Section 9-7-1 B.R.C. 1981.
On a motion by Shaver, seconded by Young, the Board of Zoning Adjustment voted to
approve the docket as amended (vote 4-0).
The applicant has made changes to the application that modify the wall area that encroaches
into the front yard setback. Staff is requesting clarification from the Board io allow for this
change.
Docket No.: 2007-20
Applicant: Sheri and Rich Schmelzer
Address: 1080 Juniper
As part of a proposal to construct a second story addition and to remodel the first story on an
existing non-standard building, the applicant is requesting a variance to the front yard
setback. The resulting front yard setback will be 22'-6", where 25'- 0" is required and 23'-6"
currently exists. Section of the Land Use Regulations to be varied: Section 9-7-1 B.R.C.
1981.
On a motion by Shaver, seconded by Hondorf, the Board of Zoning Adjustment moved to
direct staff that the amendments to docket 2007-20 are within the scope of the original
approval (vote 4-0).
4. ADJOURNMENT:
There being no further business to come before the board at this time, BY MOTION
REGULARLY ADOPTED, THE MEETING WAS ADJOURNED AT: 8:45 P.M.
APPROVED BY
y~a~o g
DATE
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