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5B - Recommendation to City Council on an ordinance amending Title 9 to modify the rear yard setback for 800 Arapahoe Ave (Hannah Barker House) LUR2008-00087 CITY OF BOULDER PLANNING BOARD AGENDA ITEM MEE'TIN('. DA'I'S: N~ebruary 5, 2009 AGENDA TITLE Public hearing and consideration of a recommendation to City Council on an ordinance amending Title 9, "Land Use Code," B.R.C. 1981 to pen~nit the City Manager to modify the rear yard setback for a principal building from 25 feet to eight feet along the alley of a property proposed for a subdivision into two lots at 800 Arapahoe Ave., if the house commoiily called the "Haiulah Barker House" is designated as an individual land mark, and setting forth related details. Applicant/Property Owner: West Arapahoe LLC and Chris C. Maurer Rla?QUES'1'IiVG llEPARTMENT Ruth McHeyser, Executive Director of Community Planning David Driskell, Deputy Director of Community Planning Robert Ray, Land Use Review Manager Elaine McLaughlin, Senior Planner OBJECTI VF, Define the steps for Planning Board consideration of this request: 1. Hear applicant and staff presentations 2. Hold public hearing 3. Planning Board decision on whether or not to recommend approval of a special ordinance to the City Council. SUMMARY: Proposal: Proposed ordinance for modification to the rear yard setback of 800 Arapahoe Ave. Project Name: Ordinance to Modify Rear Yard Setback for Haruiah Barker house property Location: 800 Arapahoe Avenue Size of Tract: 0.476 acres (20,756 square feet} Zoning: Residential Mixed - 1 (RMX-1). Comp. Plan: High Density Residential. AGENDA 1TE~ #j;;~PAGE # 1 PURPOSE: The purpose of this item is to consider a recommendation to City Council on an ordinance to modify the form and bulk standards of Chapter 9-7 of the Land Use Code. The ordinance will proceed to City Council in conjunction with an ordinance to designate the house and property known as Lot 2A of at 800 Arapahoe, to be known also as the Hannah Barker House, as an individual landmark under the city of F3oulder Historic Preservation Code. The ordinance is also in conjunction with a minor subdivision to replat the property at 800 Arapahoe Ave. into two lots, one to establish a landmark boundary around the Haxulah Barker house (Lot 2A) and the other lot (Lot 2B) for additional development potential consistent with the RMX-1 zoning district. A location map is provided in Attachment A and Attachment 8 provides the an exhibit of the preliminary plat. The Landmarks Board initiated the separate application to landmark the Hannah Barker House and site on proposed Lot 2A in 2007. The applicant requests the ordinance to modify the rear yard. setback standards on proposed Lot 2B from 25 feet to eight feet, to allow a new residential structure flexibility to oriezzt toward the alley and. help retain the historic context of the Hazuiah Barker House and property. )BACKGROUND: Existing Site and. Context. The subject property is approximately one-half acre in size and has a number of large mature trees. The existing historic Hannah Barker house is located at the front of the property and there is also a small "alley house" at the rear that was granted a demolition pcnnit from the Landmarks Board that is still in effect. A rear portion of the main house was also recently granted a demolition permit, which was implemented. A concrete driveway pad also exists on the west side of the property. The properties surrounding the site include a mix of single family and multi-family residential buildings of varying sizes and ages. Existing Historic House nn the Property. The masonry brick t4vo-story Italianate style house on the property was built in 1877 by Caleb S. and Carrie Stowell, and purchased by Ezra K. and Hannah C. Barker in 1878, who owned the house until Hannah's death in 1918. The house was used as a single family home until approximately 1939, when the interior was converted into five apartments, and it remained as apartments until the late 1990s. The house has been found by the Landmarks Board to have architectural, histozzcal, and environmental significance to the city of Boulder, especially for the connection to Hannah Barker (refer to Attachment C for a biographical summary of Hannah Barker) who is considered one of the most important pioneer women in Boulder's history. The house is also considered eligible for individual listing in the National Register of Historic Places and less than one percent of houses in Boulder fall into this category. Refer to rigures 1, 2 and 3 on page 3, along with Attachment D for historic and current photos and images of the Hannah Barker 1louse and property. AGENDA ITEM ~ D PAGE # 2 _ I _ _ Figure 1: ~ Historic Photo of ` Hannah Barker House ~ - ~ ! - , circa 1900 r r,. k 1 ' ' ; , i{~ {J . T~rI 1{ n{ i t :I~ llifiir~ 11{~r~ 4 r}. •~~wK T r ~ 1 - - --t ~ ~ ~ _ = Figure 2 and 3 ' I ~v < t `r~j~ ~ _ ~ ' _ , Image of Front of Hannah I • , Barker House (left) and Image I~.~;~ ~-d ~ . ~ Below of Rear of Property r ~ ~1 . _ (below) , ,1 { , y w C ' t ^r ~.}?i LTV' 1Z'I~ --f~-- _ is :~J~ t ..~'i I .er l r _ ~ { r r 1i 1 ~ ~ , ~ ` ~ - ~ , t ~ -ICyI ~ { i~ t ~t- t -7 . t r jet . Y.R z ~ ~ t ~ - r b J <A L+ I -y AGENDA ITEM ~~~E'.4GE # 3 Hannah Barker's Civic Contributions. Hannah Barker was widowed at a fairly young age, and after her husband Ezra's death she continued to develop the Barker land holdings, including platting the Town of Highland Lawn in 1884, for which the subject property is a part. Highland Lawn was annexed into the city of Boulder in 1891 and encompasses the Barker house. Hannah was active in a number of community associations, including the Literary Society (later the Fortnightly Club, which evolved into the Boulder Public Library), the Boulder Women's Club, axed was a founder of the Boulder Creamery in 1887. She also gave liberally to the Congregational Church, including writing the church history and donating half the $2,500 needed to purchase an organ. She also contributed financially to the University (to construct a new wing to the hospital), Chautauqua, and the YMCA. In 1911, she donated half a city block at the corner of 15`'' and Spruce Streets for use as a city park and public facility. The site continues today as the Boulder Day Nursery and Barker Park and. playground. In 1907 she sold her summer home and razach in Nederhand to the city of Boulder for $23,000, to make way for the construction of an important reservoir and dam (Barker Reservoir), named in her and Ezra's honor. From 1898 she died, I-lannah served as a director of the Boulder Bank. Hannah lived in the house at 800 Arapahoe Ave. until her death in 1918. The home passed to her heirs and in 1927 the estate was finally settled in court. From the late 1930s until the mid 1990s the house was used as five separate apartment units. Previous Site Review. In 1997, Site and Use Review approvals were granted for an area that included the Hamlah Barker house property (Lots 1 and 2 Srnith's Addition to West Boulder), as shown in Attachment E. The intent of the Site and Use Reviews was to convert the existing house at 800 Arapahoe to the "Hannah Barker Bed and Breakfast", and the adjacent dwelling unit at 804 Arapahoe Ave. to a three-uzut building with two additional units over an existing dwelling unit located adjacent to the alley. Only tlae 804 Arapahoe Ave. portion of the project was implemented and. the approval for the portion that included the Hannah Barker house (Lot 2) expired. Over time, the interior of the house was gutted and the house remained vacant and boarded up ever since. Preservation Efforts and Requested Subdivision. Since the property became vacant, there have been several attempts by both the city and the community to work with the owners to preserve the house. In November 2006, Historic Boulder, Inc.applicd to designate the house as a landmark and at that time, the property owners strongly opposed the application. Since the submission of the application, Historic Boulder, staff, and the property owners have worked on a collaborative solution to preserve this significant resource to the city's history, while acknowledging the economic and structural issues present. As discussions continued, sccurement of the house from transient trespassing as well as mitigation of animal infestations were performed by the property owner at the request of the City Planning and Fire departments. The city, Historic Boulder, and the property owners were successful in getting a State Historical Society grant to conduct an historic structure assessment on the property, with the city providing a portion of the required cash match. As a more concrete picture was formed about the property and what the future of the historic house would be, the idea of subdividing the parcel into two lots was presented. This would get the historic house on its own lot to facilitate a potential donation or sale and rehabilitation, while allowing an additional residential structure to occur on the remainder of the site, under the RMX-1 zoning district, which could be owned separately if desired. AGEiVDA ITEM #~;~YAGE # 4 i Landmarks Board Action. The Landmarks Board considered the designation of the house and a portion of the lot in September 2007. At that hearing, the representative for the property owners discussed the idea of subdividing the lot consistent with a recommended landmarks boundary around the house that Landmarks Board had determined that would include the main house, the wrought-iron fence, and a number of the mature trees to help maintain the historic context. The representative for the owners stated that they would not oppose the designation application if the designation was limited to the lot now proposed as lot 2A containing the historic house. The board recommended unanimously that City Council designate the structure and the site limited to Lot 2A. Since that time the board has agreed several times to continue the application to allow the owners to proceed with the subdivision and special ordinance process. As part of the subdivision concept, the Landmarks Board encouraged the owners to look at keeping the new development separated from the historic house as much as possible. As a result, the owners requested the ordinance to vary the rear yard setback of the proposed new lot to the greatest extent possible and allow development to address the alley. While the property owners have continued to state that they will not object to the designation, they have made it clear that their de-facto support is conditioned upon approval of a subdivision. and ordinance. Proposed Minor Subdivision.. The existing lot located at 800 Arapahoe Ave. is a legal lot ofrecord known as Lot 2, Smith's Addition to West Boulder. The property owners of Lot 2, submitted applications with Planning and Development Services in September 2008 to replat the existing 20,756 square foot lot into two tots: Lot 2A: plazu~ed to encompass the Hannah Barker house within a 7,656 square foot lot that is consistent with the recommended landmark boundary established by the Landmarks Board; and Lot 2B: plantled at the rear of the existing lot, accessed from the alley, and proposed as a 13,100 square foot lot. The Minor Subdivision is a staff level approval for both the Preliminary Plat and the Teclu>ical Document review for the Final Plat. With the replat, the applicant is requesting the subdivision of the site to establish a separate legal parcel consistent iz~ size and shape of the landmark boundary recommended by Landmarks Board. As a part of the subdivision, the applicant is requesting to modify Sections 9-12-12(a)(1){B)&(C), B.R.C. 1981 which require that, "each lot has at least this°ty feet of frontage nn a public street" and "no portion of a lot is narrower than thirty feet." Therefore the "flag" portion of the lot would be 22-feet for Lot 2B (fronting Arapahoe Ave.) to be used as a utility, sidewalk and use easement only. The Landmarks Board recommended that access to the site (both Lots 2A and 2B) be from the alley to maintain the historic access to the site. Irz addition, the flag would contain property use easement for use of the area by the Hannah Barker house as garden space, in particular to ensure that the existing character and context of the site remain historically consistent. ANALYSIS: Sx~ecial Ordinances. in F3oulder The city has considered. special ordinances fxom time to time to modify city standards when a circumstance necessitated exceptions, and where either a public benefit would arise from the exception or an undue hardship on a property owner could be avoided. Special ordinances are AGENllA 1TLM ~r~~~PAGE # 5 typically approved to modify a singular aspect of the code to permit a project as proposed. Below are examples of other special ordinances that have been approved by the city of Boulder: • Foothills Residential Development: Open space reduction to allow 130 permanently affordable dwelling units. • Wellman Creek: Waiver of cost increase in Plant Investment Fees (PIFs) to allow a permanently affordable housing project to proceed under previous PIF levels. • Mapleton Mobile Home Park: Ylodification of the Site Review development time limitations to allow for a gradual replacement of units over the life of the mobile home park subdivision. 0 5490 Spine: A Special Ordinance was approved to allow the establishment of a private school within the IG-D industrial district prior to approval of a rezoning that permitted the school. u 2200 Broadway: A Special Ordinance for Trinity Commons Church property was approved to allow the project to proceed to Site Review with modifications to the allowable number of units and floor area with the community benefits of _50 percent permanently affordable housing, a community meeting space, office space for non-profits, and izrtent to landmark the 't'rinity Lutheran Church. Modification of the Form and Butk Standards The proposed project is a request to modify the rear yard setback standards for the future Lot 2B (the l 3,100 square foot lot proposed to be created through a Minor Subdivision of the existing 20,756 square foot property). The intent of the subdivision is to allow for two additional dwelling units on Lot 2B, as perniitted under the existing RMX-1 zoning, but with a reduced rear yard setback from 25 feet to eight-feet. The reduced setback would create greater flexibility on the lot and allow the future residential to orient toward the alley. In turn, there is greater potential for separation between residential structures on Lot 2B and. the H.aruiah Barker house t11at would distinguish the historic property from the structures and retaining the historic context from Arapahoe Ave. A setback reduction can not be approved through Minor Subdivision. If development were proposed at this tune, and not just subdivision of the property, a variance to the setback requirements could be proposed and potentially supported based on the variance criterion that relates to historic property found in Section )-2-3, B.R.C. 1981: "The develvpntent in conforming locations on the lot or parcel would have an adverse impczct upo~z the historic character of the individual landmark or the contributing building... " The landmark boundary (Lot 2A) surrounding the Hannah Barker house was initially proposed by the property owner to be Located around just the house itself. However, Landmarks Board indicated the importance of establishing a standard rear setback from the Haiu~rah Barker house of 25-feet. With a larger lot area proposed around the Hanuzah Barker house, the property owner's representative then proposed a subdivision that would allow 'for a reduced setback from the rear property (Lot 2B), consistent with other properties along the alley, and allowing future residential AGENDA ITEM PAGE # 6 flexibility to locate further away from the Hannah Barker house. Because no development or Site Review is proposed a.t this time, the only regi.ilatory mechanism to allow for the modification to the setback is through ordinance. Through this allowance the property owners have indicated that they will not oppose the landmarking of the I Iannah Barker house and property contained within the future Lot 2A. Under the RMX-1 zoning, one unit per 6,000 square feet is permitted, and thus development of up to two units would be permitted by-right on the proposed 13,100 square foot Lot 2B. The applicant initially requested a zero lot line configuration. There were several constraints to a zero-lot line configuration including an alley width of 20 feet and a required backing distance of 24-feet for any future parking or garage located at the alley; and, an existing eight foot utility easement that runs parallel to the alley at the rear of the property. Using the width of the easement as a guide, the applicant proposed an eight-foot rear yard setback. Rear Yard Setback in Context. As illustrated in the aerial photo in Attachment F and in an early Sanborn Map presented in Attachment G, there are a number of existing structures set adjacent to the alley with non- standard rear yard setbacks that have been established for a nurxrber of years. Some of the buildings are habitable structures, including attached residential buildings, others are garage structures. The adjacent property to the east has amulti-family building that has an approximately seven-foot setback from the rear property line and alley. That particular building was approved as part of the 1997 Site Review approval that also included changes to 800 Arapahoe (that were never implemented}. The fact that there are a number of existing lots with non standard rear yard setbacks nearby is likely the result of a change in zoning standards in 1997 for the area. Options for the Property. If the subdivision is completed, the owners have discussed several options to work towards restoration az~d rehabilitation of the Hannah Barker house. First and foremost is the idea of gifting the house and lot to Historic Boulder, who could facilitate the rehabilitation process, and the owners could take the as-is value as atax-deductible donation. Other options are for the owners to utilize the value garnered from construction of new residential structures on Lot 2B to rehabilitate the house themselves; or sell the house and lot to a private party, or some combination of these options. Conclusion Staff finds that the attached ordinance to modify standards for the rear yard setback would allow flexibility in developing the property, providing greater preservation of context and separation for the future Lot 2B from the historic property (future Lot 2A}. This in turn, would help to ensure landmarking and rehabilitation and of the Hannah Barker house and property that would be a significant coruznunity benefit. PIJBLIC COMMENT ANI) PKOCESS: Public notice was given in the form of written notification mailed to all property owners within 600 feet of the subject site and a sihn~ posted on the property for at least 10 days consistent with Section 9-4, B.R.C. 1981, all notice requirements were followed.. One emailed comment letter was received and is included as Attachment H. AGENDA ITEM #}PAGE # 7 I STAFF FINDINGS AND RECOMMENDATION: Staff concludes that the project as presented would result in a defined community benefit for the city of Boulder as follows: ® The owners of 800 Arapahoe Avenue have requested greater flexibility for fiiture residential on Lot 2B through a modified rear yard setback with the area that would establish greater separation and preservation of historic context around the Hannah Barker house. • Through the subdivision, the owners have expressed their intent to not oppose the landmarking of the existing historic house, commonly known as the Hannah Barker House, pursuant to the city's landmarking process; and to potentially to rehabilitate the house through development of the rear portion of the pxoperty. Based on these findings, staff recommends the Board comment on the proposed ordinance, suggest any necessary changes, and recommend approval of the Special Ordinance to City Council. Approved By: ~•'Gl~v/t ~t~fiw.'.'/ Ruth McHeyser, Executive Director of Community Planning Planning Department ATTACHMENTS: A. Vicinity Map B. Proposed Preliminary Plat: Minor Subdivision to Replat into Two Lots C. Brief Biography of Hannah C. Barker D. Historic Photos of Barker House L. Site Review Approval from 1997 P. Aerial Photo of Existing Structures Adjacent to Alley G. Uzldated Sanborn Map for Fire Insurance Map with Stuctures next to Alley H. Correspondence Received I. Draft Ordinance , AGENDA ITEM #::'~~YAGE # 8 ATTACHMENT A Vicinity Map City of Boulder Vicinity Map _~J_ ~-T ~ - _ _ _~____-,1_ P ~ ~ - ` l Subject Area _ 111 800 Arapahoe Ave `L j ~ Z! - ~ ~ ~ = - -.s,- _ ~ ~ R M X-~"1-- Marine St ` ~ ~ ,1~` ` t ~ i - ~ _ aw de`l'i A~ , - t ~ -1-~= - ~ i - University Av i ~ R L~= ~ 'rl ?i Subject - _ i . P -''i Location: 800 Arapahoe Ave Cil o a~%~~~~ Project Name: Smith's Addition to ;r y f West Boulder Replat A Boulde,• Review Type: Subdivision Preliminary Plat I`~oC1~+.~ TneinfurraatbndepiGedonUesmapspfovhied Review Number: LUR2008-00087 as graphical representation only The GSry of Boulder A lieant: West Ara shoe LLC providesr»vrarranty,expressedofimplied,asto PP P 1 inch = 250 feet ~e accuracy ardor completeness of the information and Chris C. Maurer contained he~c°' :1GE;VDA ITEAi #f '?PAGE # 9 ATTAClf3MENT B Proposed Preliminary Plat: Subdivision into Two ]Lots (Lot 2B is Subject Property) w w w w - w FOUND 1/2" IRON PFN IN CONCRETE SANITARY SEY~cR hfAtJHO_E IN SURVEY M0.UUMENT BOX Si5'S0'19`W i RIM ELEV. = 5377.36 SS ARAPAHOE AVENUE INV. W. = 5366.76 (JN) 30.66' pVG ~ INV. E. 5353.64 (OUT) TIE UNE ONLY) ~ - - - - - 55 37-A, O S ~ C ~ 0 O IS FOUND 95 REBAR IY/ ALUM. S ~ CAP MARKEp "FLATIRONS - NO °n c5 SliRV. 16406" N65'39'VV 0.54' OF CALCUlATEO: ES G G G O IOCAII O.J CF CDR. A ALUM. CAP ._8' CURB N SS7d N 9'57'00 -r' ~ Ja9DSeop°E E 55.80'/ 4 lS 5429" 1 a j . - ~ 1778't537, ~ ?~:r_Z°< '."~'..'N89°5 ? ..O~~E`~~'2:3~ :15.00 _ "s•~:;;~ F::.i J C gPl~.oT 85.30' x ~ - p_6 , c~ ~~-'nT20 4T IRON ~ t~ 0-60" 9^ . : APPROX, STUNP ( \\\X'IP 00 ROP. I.UJE ro EAp m N00°03'00"W m / 1.58' w8 PRIVATE USE AND. .D- 2' ~ ~ MAINTENANCE EASEMENT 7 8' - RECEP. N0. 1 1 D f2' 0.4' 143 ~ n /139' ~ 1.0' O C p e3 ~.YJT ~ - ~ ~ / / / ~8/ ~1.0' I U 5390.73 O f:~ n~4. 1~ •RCPOSED 5' t11' ir/ ~ STORY PAINTED/ F`>:i. ~ x ~o .iiwlTii':i ~.i;[iiT?( Y EASEMQ4T ! ~.~~1~/~~/r-~ I J V , ~ :'EL.:T [7l.•~1:. Q-' ' o~` ~ _ 800 ARAPAHOE AVE. 1I ~ a tip, i~~ ~J' Y N ~y ~ % 0.8'~~l a, NN mil ~C~\ m iil`!i' ~i '~;r~t cM ~ 30.0 Szs2 X. p i. ; Eta l ~ 7.8. .n J ` 1 R 5 CSI'S ~ pp ILDING 1 C4RIS C. MAVRER r. E~5~ ''t M- LO ZA OVERHANG XC • N 522 PINE STREET ' 70 / ( ~ ~ W 90ULDER, CO 805 1 X l.oo L:A I H£Ll sas°ss'oo°vr e2.~a' C - cN 50' 1 52' PROPOSED 10' UnUTY ' EASEMENT 5' SETBACX ~ ~ -e/ 20' SETB ~ ~ A - 756 SQ. FT., t0 , XD-IZ~ . a - P; 0%. ~ X .Idll~i 53sa.zo 5' X8384.67 LOT i8 'D 13,100 SQ. T., Xsssa. s XD-6d' ~ ~ ~ FENCE f r LtEV STAIR6 ~ - 15' PRIVATE 9' C hCCESS EASEMENT ROCX WALL SPIGOT _ 2g ' d RECEP. NO. ~ I~ 19, a l x0-36° N BUILDING 05( RHANG ~ .50°~k YNOp r I fi T1P PROPOSED 8' X5:85. D I:5 8UIL6'N w UTILITY EASEMENT 8' SE ACX N 11.5 ~ R 1N 1 , w / 0.T ~ 35.5 UP -E-'-CN 0- -T-CN NE - XD- ' " ~ , UP ° S 9 0~! ~ ~ T N 111.30' : ALLEY . 4Pl.Gw ' ~ 5:.1:ITARY SESY' /AhNHOL 4 > RIM EI EV. Si68.36 p R:'V. S. - 5386.42 (IN1 7 ! h AGT:NnA ITEM #~~i'AU1? # 10 ATTACHMENT C Biographical Summary of Hannah C. Barker Beconung one of the most well known and respected pioneer women in Boulder's history, Halulah Barker established a legacy through a number of important civic contributions and philanthropic endeavors in the city of Boulder. Her husband Ezra Barker was a well known builder, and real estate and mining investor in Boulder. He married the former Hannah Connell on November 30, 1877 in Valmont, Colorado. Hannah was born in 1844 in Ireland and irrunigrated to Springfield, Massachusetts with her parents at the age of six. Tip. l 867, at the age of 23, she began traveling west from Iowa with William and Mary K. Davidson (for whore Davidson Mesa is named) and arrived in Ward, Colorado, where she became a teacher. After two years, she moved to Boulder, and began teaching for the Boulder Valley School District. After only six years of marriage, Ezra died in 1883, and Haimah inherited the extensive land holdings and wealth that Ezra had amassed. Following her husband's death, I{annah retired from teaching and took up philanthropic and civic activities. Prior to 1900, Hannah lived in her house with her close fi-iend and fellow widow Mary K. Davidson, as well as Vina Knowles, which may have been Mary's sister. Ham~ah died in 1918 after suffering from poor health for more than two years and as a result of influenza, one of many who lost their lives as part of the 1918 flu pandemic. She is buzied in Green Mountain Cemetery. Hannah left behind an estate valued at $62,400, and left her home to her lifelong friend Mary Knowles Davidson. Mary died. five years later in l 923. ~ i :~'~/1~ fit. J ~ r 7 l u. 'C~i(( t f}. i ~ ',~i t ~ ~5:. 1. _ q ~ ~ j ly.~ r, •`f K . ~ t f' ~ i ~ • \ `tip' 5 ~ t ~ ~tt ~ ' . ~ ? ~ 1 _4 `•~~1 1111iS. 1-IA\T:VAI1 C. $~.RKI;It L l~ U [,Jl ii It AGENDA 1"CEll1 PAGE # 11 A'T'TACHMENT D Early Sketch and Photo of Hannah Barker Haase ~ ^,:i~yt r~,,y Wit::.. - .i ~ j ~ J 1 t 'I„' _ , ~ ;:~r . . .ti M .t _ AR A 31D N E. . ~ j ..:.hR - !~I~~ _',{c .~F~,.~e Cry. :~i~e~l(y.~~,~,~: y . .~~5. v".' •.l•.-• L]•y1~t. ~ n,~ • r •`.t[ll~ : ~7•.~1. I~ ..'i:. Jl .~~r~,,`•.~. '_y.) t4;4~ t. .I,?~J ~Z. ~jjj(((~~~V~~ ~.7~e FrT T ~ r' i lr~'='1,~ rtjvt 1 ~ , ~.~`r is ~ ~ti~. `1t1 ~4~ j~~.i~a + r . C ' 1 ! r~ ~ ~ J t. T ~4 C. ~ ~ r~ L r ~ ,~•rQ ~~a ~J r~l'',' ~ ISL'~.L,,A~.'.A~~~ .~y~,,~J~fw~~~~~~, ~t ~r .~<c i~;~. r , ~'~~y' .r' ~.r~ ~~J ry i r.?tip.°.~ ~Li ~ tr-~~ i.i-~'q• ~ 4r Ll t f i.~ C ~r ~ r'~ s[t ~~t1 ~V' ~ f`L~ s r~~'1I11 ~ i ,,~1•~ ti .{r. v+rSi:~. :;y.,S.'i~' y~•'4'~` c~~\~~ ~ j~~~~,{; ~ ^v~.': iCY,;l~i;~•.. 1+ ~•F , . ! q ~ LL I 1 f~~ `rj+~_ S ~ 7 t1~ • S .~j~~~Ia,,r g A F ~ 1 j ,:1: I F ~ :y~'~. ~.f ' i ~ ~ t' ) ^ ~ r 1. ,y • ~ ~ f ' ~ • : 1 ~ . ? _ l 1, Hilt . l ~~~.~L `'~1!1-'.~' ! ~ t ~ . ,.s':y;; A J ~ l1'y3%'1.~. ( I 1eS.~li~~-" l ~ v;v tIt Yi Lli°1, ~'„t`':::f?~lit:+~lWt~},~;+. ~2~: ~~K',.- ~~.{,rw y'': ~;:a.r =~A~r n+-' t t ~i 't It~111:~~' ~'~~~r~sil{~i~l~~-- ~':"~;1`,'.,>r'-ti~~, ~.,':X•.. ~•w..? ~J ~ • 1~~.1' 7 rte, _ L ~ r . j Ac~c~TnA TTEn7 .PAGE ~ iz ATTACHMENT E Site and Use Review Approved Plan from 1997 ARAPAHOS ROAD....,. _ _ - Y~ r _ M- _ a , iVV TVA/N.? 5LY^R f~A~~ ' '1....•---::...-._~-__•.....-_. QOM=MAIM 1 1 Kn 5'7L1~:K II .~j. 1 4' 1 _ _ tiai~~s - •4`: a w,-s ~ - I I d 'y 1 ' . - Sub ect _ ..~p-~~ 1 _ _ 1 2!s_~x 1 s ba.2sr F[G.? 1 ~ - ~ ~ ~ ~ 11 ~ ~r = ~l l`'1` 1 ~ i ~ ~q¢ t + 1 ~ ~ . .1 - -I { - ,Y y .I ~ 20' ALLEY 1w ID' w'G~_ PAV~T4i D S I T~ DcVELOi~M~NT i~L~4N . I" = Ib' ~.~.r . ~ Note: 0 ~ Only the SU4 Arapahoe portion of the approved plan (shown on right) was implemented; the 80U Arapahoe portion approval ® wasn't implemented, and the approval for that portion expired :~GEti17A ITE1'1 ~PAGG # l3 ATTACHMEi\'T F Existing Structures Near Subject Property (Both Occupied and linoccupicd) Adjacent to or Near Rear Yard Setback at Alley t _ i _ t ~ r .may (ire- y _ . _ , _ -y I 1 ~ • ~ ~ {r ~ ~ t 1 ; tp. •I ~ i ern' i_ ~ ~ ! ~ r~' i ~y yid i , ~ ! ~ i. +~r~ i. ~ ~~~a i r~ J ~ ~ fir, t I ,~:r'w~ '~I~ t,' r~` ~ ~ i ~t ~ .1'p3 i ~1'. 6. ~(1 F. / ~ 1 fi • n ' ~ , ~ AGENDA_ITEM ~ .PAGE; 14 ATTACIflVIENT G Early Sanborn. Eire Insurance Map (].931-1960) in Vicinity of Subject Property Illustrating Historic Building Pattern with Buildings Located at or Near Rear Property Line a 5~~, ~ o ~ ~ . con/u~~FSC~'ivr 3 NOME' ~ Z u' i5 a's S T t. /lt .77 .J 6 i \ O~ Sri Bot%S~f~ i V ~l~ I' ~ b rn • °o xi Subject ~p P~ m X~ LA ~ ~oii p,V. h Property ~N D ~ d~pP~oE A_ 't" -~a • p ~ ~I • /YN ~p ~QAIA~~ ~ ~ A~rI SFIR 7J iiTJ G$0 7uS TO~¢CVO,v?vFT/ ~S'r70 r jl d-n~: g L_._J I7 ~ 1 1 1 1 n A' ch ~ :t F n`If < 7 •17 , ; Y"~ L~ ~ \ X.O.' a ~._•}TI ~ ~ } I 1 ~~J .1~- a r N ~11.-• n } ' ~ Q I L~° O 9 I v ~ ~ ri~ Z.r4 ~ ~ ~ S 17 • t0 A ~ A(GENUA 11'i:M PAGE ~ 15 ATTACHMEIe1T H Correspondence Received -----Original Message----- From: Scott Thomas [mailto:scott_thomas@mail.ru] Sent: Thursday, October 09, 2008 11:45 Ay To: McLaughlin, Elaine; Thomas, Scott Subject: 800 Arapahoe development Elaine, As discussed today, our primary concern for any development in the Marine- Arapahoe alley would be to avoid any increase in the student housing and the resulting noise, traffic, garbage and vandalism issues we have seen increase over the past 7 years in the alley. I hope these issues will be considered for any development decisions. Scott Thomas 743 Marine St. 303.448-1309 I AGENDA ITEM F~)r~I'AGE # 16 ATTACHMENT I Draft Ordinance ORDINANCE NO. AN ORDINANCE AMENDING TITLE 9, "LAND USE CODE," B.R.C. 1981 TO PERMIT THE CITY MANAGER TO MODIFY THE REAR YARD SETBACK FOR A PRINCIPAL BUILDING FROM 25 FEET TO 8 FEET ALONG THE ALLEY OF A PROPERTY PROPOSED FOR SUBDIVISION INTO TWO LOTS AT 800 ARAPAHOE IF THE HOUSE COMMONLY CALLED THE "HANNAH BARKER HODSF.," IS DESIGNATED AS AN INDIVIDUAL LANDMARK, AND SETTING FORTH RELATED DETAILS. WHEREAS, THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, FINDS THAT: A. This ordinance shall be effective only as to the parcel of land generally described as 800 Arapahoe Avenue, and more particularly described on Exhibit A attached hereto and incorporated into tlus ordinance by this reference (the "Property"). B. The Property is owned and operated by Chris C. Maurer and West Arapahoe, LLC, a Colorado limited liability company (the "Owner"). C. The Owner desires to subdivide the Property into two lots: A lot approximately 7,656 square feet in size located along Arapahoe Avenue which includes the Ha~u~ah Barker House ("800 Arapahoe Avenue" or "Lot 2A") and a lot approximately 13,100 square feet in size along the alley ("802 Arapahoe Avenue" or "Lot 2B"). D. The City desires to facilitate the potential renovation of the Hannah Barker House at 800 Arapahoe Avenue for purposes of historic preservation. E. The handmarks Board has applied to landmark proposed Lot 2A which includes the Hannah Barker House. The Landmarks Board intends to landmark a site that is of sufficient size to preserve the historic setting around the Hannah Barker House. This requires a development patteni on the property that nay reduce the development potential on Lot 2B. AGENDA ITEM PAGE # 17 F. The City desires to designate the proposed Lot 2A which includes the Hannah Barker House as an individual landmark. G. The Owner desires to modify the rear setback requirement fiom 25 feet to 8 feet for the proposed Lot 2B along the alley. II. The City desires to ensure adequate context and space surrounding the Harvlah Barker House, including the view from Arapahoe Avenue and the size of the rear yard of Lot 2A. The City considers that modification of the rear yard setback of Lot 2B furthers the desire to retain adequate context and space, while still providing adequate redevelopment potential. NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, THAT: Section 1. The City Council adopts the findings and recitations above into this ordinance by this reference. Further, the City Council finds that allowing the modification to the rear yard setback from 2S feet to 8 feet for the proposed lot located at 802 Arapahoe and the preservation of the house at 800 Arapahoe is in the interest of the public health, safety, and general welfare of the City of Boulder. Section 2. The City Council authorizes the city manager to permit the modification to the rear yard setback requirement for principal buildings to be decreased from 2S feet to 8 feet if: A. The property is subdivided into no more than two lots pursuant to Chapter 9-12, "Subdivision," B.R.C. 1981 in a manner consistent with recital C. above. B. Lot 2A, located at 800 Arapahoe Avenue which includes Harulah Barker House, is designated as an individual landmark under Chapter 9-11, "Historic Preservation.," B.R.C. 1981. Section 3. ?his ordinance shall be considered an amendment to Title 9, "Land Use Code," B.R.C. 1981 and shall apply only to the Property. Any violation of this ordinance shall be considered a violation of Title 9, "Land Use Code," S.R.C. 1981. The City Council adopts this ordinance pursuant to its legislative authority under City Charter Section 16. To the extent that this AGENDA ITEM~.~J PAGE # l8 ordinance conflicts with any other ordinance of the City, such ordinance shall be suspended for the limited purposes of implementing this ordinance. Nothing in this ordinance shall be construed as a waiver of the City's police power. Section 4. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the City, and covers matters of local concern. Section S. The City Council deems it appropriate that this ordinance be published bytitle only and orders copies of this ordinance be made available in the office of the City Clerk for public inspection and acquisition. INTRODUCED, READ ON FIRST READING, AND ORDF,RED PUBLISHED BY TITLE ONLY this day of , 2009. Mayor Attest: City Clerk on behalf of the Director of Finance and Record AGI!:(VDA ITEM #~:>PACE # 19 READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED PUBLISHED BY "I'I"TLE ONLY this _ day of , 2009. Mayor Attest: City Clerk on behalf of the Director of Finance and Record AGENDA ITEM #k,~ PAGE # 20 EXHIBIT A: 800 ARAPAHOS AVENUE BOULDER, CO 80302 LEGAL DESCRIPTION LOT 2, BLOCK 11, SMITH'S ADDITION TO WEST BOULDER, LOCATED IN THE NE1/4 OF SECTION 36, T1N, R71 W OF THE 6TH P.M., CITY OF BOULDER, COUNTY OF BOULDER, STATE OF COLORADO, TOGETHER V~'ITH THE FOLLOWING DESCRIBED TRACT OF LAND A TRACT OF LAND BEING A PORTION OF LOT 1, BLOCK 11, SMITH'S ADDITION TO WEST BOULDER, LOCATED IN THE NE1/4 OF SECTION 36, T1N, R71 W OF THE 6TH P.M., CITY OF BOULDER, COUNTY OF BOULDER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH~'VEST CORNER OF SAID LOT 1, THENCE N89°57'00"E, 15.00 FEET ALONG THE NORTHERLY LINE OF SAID LOT 1; THENCE SOS°17'30"E, 123.Sd FEET TO A POINT ON THE WESTERLY LINE OF SAII? LOT 1; THENCE N15°OI'35"W, 126.59 FEET ALONG SAID WESTERLY LINE OF LOT 1 TO THE POINT OF BEGINNING ~GENU.a ITE!17 #..'uPAGE # 21