4 - Call Up: 1535 Spruce St. - Site Review (LUR2008-00112) to modify existing nonstandard building to meet the needs of the previously approved use review (LUR2006-00067)
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MEMORANDUM
Call-Up Item
To: Planning Board
FizoM: Jessica Vauglui, Planner I
I)ATL-: March 9, 2009
SUBJECT: Call Up Item: 153.5 Spruce Street
SI'Z'E REVIEW (Application #hI1R2008-001 12): Request to modify the
existing, nonstandard building to meet the needs of the previously
approved nonconforming use review (LUR20O6-00067) which was to
convert the existing 17,615 sf building being utilized as a religious
assembly and related uses to an approximately 17,280 sf for the use of a
non-prof t recording studio and related uses. "this application request
(LUK2008-001 12) includes modifications to the front entry, as well as
extensions to the roof; north wall and east wall artd the addition of a
balcony over the west entrance to the building. This approval is subject to
tail-up on or before March 23, 2009.
Attached is the disposition of approval for the Site Review t.o allow modifications to the
existing nonstandard building located at 1535 Spruce Street to meet the needs of the
previous use review approval (LUK2006-00067) allowing anon-profit recording studio
and related uses.
Existing Conditions:
153 Spruce Street is within the R11-7. (Residential High-2) zone; district which is defined
as: "high density residential areas primarily used for a variety of types of attached
residential units, including, without limitation, apartment buildings, and where
complementary uses may be allowed"{Section 9-5-2(c)(1)(F}, B.R.C. 1981). Properties
adjacent to 1 S35 Spruce Street are zoned RMX-1 (Residential Mixed-]) to the east, D'I'-2
(Downtown-2) to the south and RH-2 to the north and west. Both the RH-2 and DT-2
zone districts allow for a variety of residential units and a mix of complementary uses,
including multi-family residential dwelling units, retail, office, and public uses. 1 S35
Spruce Street is located on the cusp of the downtown core and the residential
neighborhoods to the north.
1535 Spruce Street is an existing 17,615-square; foot nonstandard building because it does
not meet the setback requirements as summarized in the following table:
Existing and Required Setback Table
Yard Setback Existing Building Building Setback
Setback Required by Code
Front yard 5' 25'
Side yard interior 6' 10" 10'
Side yard ad}acent 12 5'
to street
Rear yard 5' ZS'
1535 Spz-uce Street is located within a potential local historic district in the Whittier
Neighborhood. A historic building inventory form completed in 1988 for the property at
1535 Spnzce Street (identified as 1539 Spruce), indicates that the building was
constructed sometime between 1922 and 1931 as the First Church of the Nazarene. "I'he
inventory form (revised in 1995) also found the property has architectural significance as
a representative example of post-WW I church design in Boulder and a potentially
contributing resource to the identified Whittier historic District in which it is Iocated.
The proposed remodel entails a partial demolition as defined in Chapter 9-16,
"Definitions," B.R.C. 1981. Such a demolition of anon-designated building older than 50
years in age requires application for review by the desigzz review committee (L.DRC) of
the Landmarks Board to determine whether the demolition would have "no significant
impact or potential detriment to the historic resources", or whether there is "probable
cause" to consider that the building may be eligible for. landmark designation, pursuant to
Section 9-1 1-23, B.K.C. 1981. On February 4, 2009, the Landmarks Board unanimously
approved the proposed demolition of the existing front entry stairs.
On September 2, 2007, Planning Board approved Use Review (LU1Z2006-0000067) to
convert the existing 17,615-square foot building being utilized as a religious assembly
and related uses to an approximately 17,280-square foot building for the use of a non-
profit recording studio and related uses, including office use, live recording, editing,
community meetings and small scale live performances. Since the previous use review
approval was specific to the transition between the uses and the associated modifications,
certain design issues had not yet presented themselves, including AllA accessibility, roof
drainage and the strategic p]acement mechanical and solar equipment on the roof, which
are the focus of this application.
Pro»osal:
The applicant proposes to modify the building as follows: (1) demolish and replace the
existing front entry stairs with an at-grade entrance and lobby vestibule, which wilt
decrease the level of nonconformity with the required front yard setback; '(2) extend the
pitched roof towards the rear of the building to create a more fwzetionai stage area
located center building, which is for acoustical purposes only and creates no additional
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floor area; (3) replace the pitched roof over the existing gymnasium (proposed recording
studio arcs) located in the northeast corner of the building with a flat roof and extend the
exterior walls on the north and east sides of the building approximately 4 feet to meet the
extended roof, which will utilize the existing nonconforming side yard adjacent to street
and rear yard setbacks. The roof extension will also enable the applicant to maximize
roof area for energy saving photovoltaic solar collectors; (4) add a covered balcony over
the west-facing entry door to the office, which is to serve as a cover for that entrance.
The proposed modifications to the existing building all utilize the existing setbacks as
stated below in the Proposed Setback Table with the exception of the front yard setback.
The existing front yard setback is 5 feet, where 25 feet is required. The proposed front
yard setback is 10 feet, thus the proposed modification to the front yard setback decreases
the level of nonconformity of the building with the required setbacks. "I'he proposed
modifications to the front yard setback and entryway arc positive changes with respect to
the level of nonconformity and ADA accessibility to and within the building. All other
modifications, including the proposed roof and wall extensions do not alter the; existing
conditions as the changes only alter the length of an exiting roof and height of an existing
wall. "1'he setback information after the proposed modifications is as follows:
Proposed Setback Table
Yard Setback Existing Building Proposed Building Building Setback
Setback Setback ltec wired b Code
Front yard 5' 10' 25'
Side yard interior U' 10" 6' ] 0" 10'
Side yard adjacent to g' ii' 12 5'
street
Rear yard 5' 5' 25'
"I'he proposed rnoditications to 1535 Spruce Street do not expand an existing
nonconformity. Instead the modifications alter the existing building so that it is in
compliance with Federal AI)A Accessibility legislation and reduces the building's level
of noncompliance with the front yard setback.
Public Comrncnt and Process:
Upon receipt of the application, staff mailed notice to all property owners within 600 feet
of the subject location notifying residents of the application. One public comment
response was received via telephone, January 14, 2009. T'he caller stated their full
support of the application in so far as the proposed changes to the existing building will
enhance the neighborhood and appearance of the existing building.
Conclusion:
Staff finds that the proposed Site Review meets the relevant ciilcria pursuant to 9-2-
14(h), "Crilc~ria fc~r Ilevien~," spccifical{y, 9-2-14(h)(2)(F), "Ruilrlirtg Design, Livabilily
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and Relationship to the existing or Proposed Surrounding Area," B.R.C. 1981 (see
Exhibit 1, Site Keview Criteria for Review).
"Chis proposal was approved by Planning and Development Services staff on March 9,
2009 and the decision may be called up before Planning Board on or before March 23,
2009. 'T'here is one Planning Board meeting within the 14-day call up period, March l y
2009. Questions about the project or decision should be directed to Jessica Vaughn at
(303) 441-4161 or vaughnj@bouldercolorado.gov.
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CITY OF BOULDER
~~`j~~r Planning and Development Services
1739 Broadway, Third Floor P.O. Box 791, Boulder, CO 80306-0791
phone 303-441-1880 fax 303-441-3241 web boulderplandevefop.net
CITY OF BOULDER PLANNING DEPARTMENT
NOTICE OF DISPOSITION
You are hereby advised that the following action was taken by the Planning Department based on the
standards and criteria of the Land Use Regulations as set forth in Chapter 9-2, B.R.C. 1981, as applied to
the proposed development.
DECISION: APPROVED with conditions
PROJECT NAME: ETown Hall
DESCRIPTION: SITE REVIEW: This application request (LUR2008-00112) to modify the existing
nonstandard building to meet the needs of the prevously approved nonconforming
use review (LUR2006-00067) which was to convert the existing 17,615 sf building
being utilized as a religious assembly and related uses to an approximately 17,280
sf for the use of anon-profit recording studio and related uses including, office,
recording and editing studio, community meetings and occasional small scale
performances uses. This application request (LUR2008-00112) includes
modifications to the front entry, as well as extensions to the roof, north wall and
east wall, and a balcony over the west entry door.
REQUESTED CODE MODIFICATIONS:
Proposed Setback Table
Yard Setback Existing Building Proposed Building Setback
Setback Building Setback Required by Code
Front yard 5' 10' 25'
Side yard interior 6' 10" 6' 10" 10'
Side yard adjacent 8' 8' ~ 12.5'
to street
Rear yard 5' S' 25'
LOCATION: 1535 SPRUCE STREET
COOR: N03W06
LEGAL DESCRIPTION: Lot 2, Spruce, City of Boulder, County of Boulder, State of Colorado
APPLICANT: Nick Forster
OWNER: E Town, a Colorado non-profit corporation
APPLICATION: Site Review, LUR2008-00112
ZONING: RH-2 (Residential High-2)
CASE MANAGER: Jessica Vaughn
VESTED PROPERTY RIGHT: NO; the owner has waived the opportunity to create such right
under Section 9-2-19, B.R.C. 1981.
FOR CONDITIONS OF APPROVAL, SEE THE FOLLOWING PAGES OF THIS DISPOSITION.
Address: 1535 SPRUCE STREET 5'
Approved On: /
Date
By: -z.~
th McHeyser, Ex cutive Director of Community Planning
This decision may be appealed to the Planning Board by filing an appeal letter with the Planning
Department within two weeks of the decision date. If no such appeal is filed, the decision shall be
deemed final fourteen days after the date above mentioned.
Appeal to Planning Board expires: March 23, 2009
IN ORDER FOR A BUILDING PERMIT APPLICATION TO BF PROCESSED FOR THIS PROJECT, A
SIGNED DEVE=LOPMENT AGREEMENT MUST BE SUBMITTED TO TILE PLANNING DEPARTMENT-
IF THE DEVELOPMENT AGREEMENT IS NOT SIGNED WITHIN NINETY (90) DAYS OF THE FINAL
DECISION DATE, THE PLANNING DEPARTMENT APPROVAL AUTOMATICALLY EXPIRES.
Pursuant to Section 9-2-12 of the Land Use Regulations (Boulder Revised Code, 1981), the applicant
rnust begin and substantially complete the approved development within three years from the date of final
approval. Failure to "substantially complete" (as defined in Section 9-2 12) the development within three
years shall cause this development approval to expire.
CONDITIONS OF APPROVAL
1. l~he Applicant shall be responsible for ensuring that the development shall be in compliance
with all approved plans dated February 16, 2009 and those portions of the written statement
dated February 16, 2009 that describe the development proposal on file in the City of Boulder
Planning Department, except as maybe modified by this approval.
2. The Applicant shall comply with all previous conditions contained in the Development
Agreement recorded at Reception No. 2951918 on August 28, 2008 in the records of the Boulder
County Clerk and Recorder, except as may be modified by this approval.
3. Prior to issuance of a building permit, the Applicant shall receive approval of the following items,
subject to the review and approval of Planning and Department Services Division:
a. A detailed landscape plan, includiriy sire, quantity, and type of plants existing and
proposed; type and quality of non-living landscaping materials; any site grading proposed;
and any irrigation system proposed, to insure compliance with this approval and the City's
landscaping requirements. Removal of trees must receive prior approval of the Planning
Department. Removal of any tree in City right-of-way must also receive prior approval of the
City Forester.
b. A detailed lighting plan submittal showing location, size, and intensity of illumination units,
showing compliance with Section 9-9-16, B.R.C. 1981.
Address: 1535 SPRUCE STREET