5A - Site Review for Height Modification (LUR2009-00003) located at 230 Bellevue Dr.
CITY OF BOULDER
PLANNING BOARD AGENDA ITEM
MEETING DATE: April 16, 2009
AGENDA TITLE:
Public hearing and consideration of a Site Review for lleight Modification #LUR2009-00003
(Pulver Residence) located at 230 Bellevue Drive, to modify the height of the proposed
addition (1,518 square feet, including 647-square foot garage) to 39.4' from the maximum
permitted height of 35' within the Residential Low-1 (RL-1) zone district. The site is
comprised of 18,416 square feet.
Applicant: JV DeSousa
Owner: Page Pulver and Jonathan Garson
REQUESTING DEPARTMENT:
Ruth Mclleyser, Executive Director of Community Planning
David DriskelI, Deputy Director of Community Planning
Jessica Vaughn, Planner I
OBJECTIVE:
Define the steps for Planning Board consideration of this request:
1. Hear Applicant and Staff presentations
2. Hold Public Hearing
3. Planning Board discussion
-Is the request consistent with required Site Review criteria set forth in Section
9-2-14(h), B.R.C. 1981, specifically Section 9-2-14(h)(2)(F), Building
Design, Livability and Relationship to the Existing or Proposed Surrounding
Area?
4. Planning Board take action to approve, approve with conditions, or deny
STATIS'T'ICS:
Proposal: SITE REVIEW: Height Modification request for a 1,518 square foot
addition to exceed the maximum permitted height (35 feet) of the RL-I
zone district to 39.4 feet.
Code Modifications: Height.
Requested Height Code Requirement Modification Requested
39.4' 35' 4.4'
SAPLANT1341 FIVISNEMOSQ30 Bellevue IItight Mod.JV 4209.doc AGENDA ITEM 4 5A Page 1
Project Name: Pulver Residence
Location: 230 Bellevue Drive
Size of Tract: 18,416 square Ieet
Zoning: Rl. 1 (Residential Low-1)
Comprehensive Plan: Low Density Residential
KEY ISSUES:
1, is the proposed height modification consistent with the Site Review criteria set forth
in Section 9-2-14(h), B.R.C. 1981, specifically Section 9-2-14(h)(2)(1): Building
Design, Livability and Relationship to the Existing or .Proposed Surrounding Area?
BACKGROUND:
Project Description
The applicant is proposing a 1,590-square foot addition to the existing residence (3,378 square
feet) at 230 Bellevue Drive (see Attachment A, Applicant's Proposed Plans and Attachment B,
Applicant's Written Statement for a complete description of the proposal). The addition will
supplement the existing structure by providing an attached garage (719 square feet), master suite
(571 square feet), and additional storage in the basement (300 square feet). The proposed
addition requires a Site Review Height Modification that is in excess of the maximum permitted
height of 35 feet within the RL-1 zone district. The height of the existing structure is 34.9 feet.
The proposed height of the addition is 39.4 feet.
Zoning Description
The site is zoned Residential Low-] (RL-1) which is defined as "Single-family detached
residential dwelling units at low to very low residential densities" (Section 9-5-2 (c)(1)(A),
B_R_C. 1981). The minimum lot area for the RL-1 zone district is 7,000 square feet, maximum
floor area ratio is 0.8:1, and the maximum permitted height is 35 feet.
Properties adjacent to and within the vicinity of 230 Bellevue Drive are all zoned RL-1.
Existing Site/Site Context
230 Bellevue Drive is a single lot comprised of 18,416 square feet (.42 acres) coned RI.-1 (see
Attachment C, Vicinity Map). The site is a through-lot extending from the 200 block of
Bellevue Drive on the west to the 1400 block of Bellevue Drive on the east. The existing
residence faces and takes access from the western portion of the site. There are several
conditions that are unique to this site that limit building placement and the permitted building
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envelope, including wetland, 100-year floodplain, high hazard zone and conveyance zone
designations, topography and the location of the existing structure.
230 Bellevue Drive is in the Lower Chautauqua neighborhood within a small valley between
Enchanted Mesa and Kohler Mesa. There is a seasonal stream that runs along the bottom of the
valley known as King's Gulch. King's Gulch flows across the site from south to north along the
eastern portion of the site creating the 100-year floodplain, high hazard zone and conveyance
zone. There is also a designated wetland that extends approximately 35 feet on both sides of the
flow line of King's Gulch and leaves the rear (eastern) two-thirds of the subject property with
little or no development potential. Additionally, there is a heavily forested riparian corridor
habitat that runs along either side of the seasonal stream. The buildable portion of the building
envelope on the eastern portion of the site is significantly reduced by the wetland, 100-year
floodplain, high hazard zone, and conveyance zone designations along with existing vegetation
(see Attachment D, 230 Bellevue Permitted Building Envelope per Setbacks with Designated
Wetlands, High Hazard Zone, Conveyance lone and 100-Year Floodplain).
Sections 9-3-4, "Regulations Governing the Conveyance Zone", 9-3-5 "Regulations Governing
the High Hazard Zone, " and 9-3-3, "Regulations Governing the Floodplain," B.R.C. 1981 do
not allow any structures intended for human occupancy in the high hazard zone nor any
structures or obstructions that will cause arise in the flood water elevation in the conveyance
zone. The 100-yr flood zone requires residential structures to be elevated and built with special
flood requirements. Pursuant to Section 9-3-9(g)(1), B.R.C. 1981, the wetland designation
specifics that the applicant must "demonstrate that all adverse impacts on a wetland, either
directly or through its associated buffer area, have been avoided through a reduction in the size,
scope, or density of the project or a change of project configuration or design." In this case, the
current application is the preferred option because it does not provide any impact on the wetland
and is financially feasible.
230 Bellevue Drive slopes clown steeply from the western property line to mid-lot, where the
slope moderates and becomes shallower as you move across the site to the east. The low point of
the site is within the flow line of King's Gulch, at which point the topography rises sharply to the
eastern property line where it meets the street (see Attachment E, 230.Bellevue Drive Site
Topography). Overall, the site is comprised of approximately 21% slopes, as measured within
the building envelope per setback requirements. However, the slope along the western portion of
the site, where the existing residence is located, is upwards of 36%. Although the western
portion of the site is not ideal fbr development, the existing residence was placed on the western
portion of the site due to the limitations imposed by the natural features to the east (wetland, 100-
year floodplain, high hazard zone and conveyance zone).
The location of the existing structure has the appearance of a single-story structure with a flat
roof when viewed from the western portion of Bellevue Drive. however, the house is a three-
story, 34.9-foot tall structure built adjacent to a sharp natural slope, as is revealed when looking
from the east. The existing house is positioned at the minimum side yard setback (5 feet) from
the southern property line, leaving the only remaining portion of the site with access from the
western portion of Bellevue Drive, the area immediately to the north of the existing structure,
where the proposed addition is to be located (see Attachment F, 230 Bellevue Existing Structure
S \PI-AN\PR-I I EMS\MF. vIOS\230 Rcllevuc Height Mod JV 4 2 09_doc AGENDA ITEM h 5)1 3
and Setbacks). The purpose of locating the addition in this area is to limit the level of
disturbance to the eastern portion of the site and to preserve the existing, natural topography.
Currently, 230 Bellevue Drive has no garage or carport to accommodate on-site parking or
storage. Additionally, the property does not have a conforming off-street parking space as there
is no place beyond the required 25-foot front yard landscape setback to park a vehicle. The
existing site area between Bellevue Drive and the residence is utilized for temporary on-site
parking and storage. Virtually all of this area is surfaced with gravel paving. The existing
structure also has no master bedroom and has limited storage space on the lowest level in a crawl
space/basement, two full floors below street level.
Character of the Surrounding Neighborhood
As required as part of the Site Review application, the applicant submitted information gathered
from the Boulder County Assessor's wcbpage and the City of Boulder records, including
building permits and approved plan sets, in order to provide building specifications, including
square footage, building footprints and height information for the surrounding neighborhood.
The information was representative of 45 residences within the surrounding neighborhood.
'The Lower Chautauqua neighborhood hosts a variety of large and architecturally distinctive,
homes. If there is a coherent and distinctive character within the surrounding neighborhood it is
that of variety and mid-century contemporary styles. Many of the houses within the surrounding
area, both new and old, are larger or taller than the existing home located at 230 Bellevue Drive
before and after the proposed addition (see Table 1, Percent Residences Larger or Taller than
230 Bellevue Before and After Proposed Addition, below).
Percent Residences Larger or Taller than 230 Bellevue
Before and After Pro osed Addition
Larger (S1~) Taller (PT)
Pre 230 Bellevue Addition 53%(24/45) 49%(22/45)
Post 230 Bellevue Addition _ 37%(17/45) _ 18%(8/45)
_
Table 1: Percent Residences Larger or Taller than 230 Bellevue.
Before and After Proposed Addition
Homes within the immediate area range from approximately 1,500 square feet to 10,500 square
feet, excluding garages. Approximately 84 percent of the homes within the surrounding
neighborhood range in size from 1,500 square feet to 5,500 square feet; of those approximately
66 percent are below 3,500 square feet in size. The homes immediately adjacent to the north and
south of 230 Bellevue, 260 Bellevue and 160 Bellevue respectively, are approximately 3,024
square feet and 3,280 square feet in size (excluding garages, which add approximately 432 square
feet and 484 square feet) (see Attachment G, Sheet K 1.6, Surrounding Neighborhood
Statistics).
The existing residence at 230 Bellevue Drive is 3,378 square feet and there is no existing garage.
With the proposed addition (1,590 square feet, including 719 square foot garage), the new total
square footage of 230 Bellevue will be 4,249 square feet (excluding the 719-square foot garage,
which would yield a total of 4,968 square feet). The proposed addition to the existing residence
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at 230 Be11CVLle Drive is within the mid-range size of the surrounding homes in the immediate
area, but slightly exceeds the size of those residences immediately adjacent (see Attachment G,
Sheet K 1.7, Surrounding Neighborhood Statistics).
Building footprints within the surrounding area range from approximately 1,105 square feet to
5,120 square feet. Approximately 78 percent of the existing residences within the surrounding
area have footprint sizes ranging from 1, 105 square feet to 3,105 square feet; of those
approximately 56 percent are below 2,105 square feet (see Attachment G, Sheet K 1.4,
Surrounding Neighborhood Statistics).
The footprints of the residences located immediately adjacent to the north and south, 260
Bellevue and 160 Bellevue, are approximately 1,770 square feet and 2,156 square (ect,
respectively. The existing building footprint of 230 Bellevue Drive is 1,386 square feet. After
the proposed addition, the building footprint will be 2,111 square feet, which is consistent with
the existing structures in the surrounding area and approximately mid-way between the footprints
immediately adjacent (see Attachment G, Sheet K 1.5, Surrounding Neighborhood Statistics).
Building heights within the surrounding neighborhood range from 18 feet to over 50 feet, as
measured by code. Approximately 49 percent of the homes within the surrounding neighborhood
are 35 feet or more in height, of those approximately 63 percent are under 40 feet in height. The
existing residences immediately adjacent to 230 Bellevue to the north, 260 Bellevue, is
reportedly 27 feet. The height of the existing residence adjacent to the south, 160 Bellevue is
reportedly 40 feet (see Attachment G, Sheet K 1.3, Surrounding Neighborhood Statistics). The
existing height of 230 Bellevue is 34.9 feet, which is roughly mid-way between that of its
neighbors and within the majority height range. However, the height of the proposed addition
(39.4 feet) will be taller than 82% of the residences within the surrounding neighborhood.
Some homes in the surrounding area, however, are permitted to go up to 55 feet due to steep
slope designation. Although the 230 Bellevue property does not meet the definition of "steep
slope," the existence of steep slopes on nearby lots explains why some of the lots in the
surrounding neighborhood exceed the 35 foot height limit. Section 9-7-5(a)(2), B.R.C. `Building
Height," allows for an alternative building height calculation to compensate for steep slopes.
On a slope measured within the building envelope created by the
required setbacks from property lines that is greater than twenty
degrees (36.4 percent slope), the building height may not exceed
twenty-live feet. However, under no circumstances shall a
structure exceed fifty-five feet as measured... (see Figure 1, Steep
Slope Building Height).
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Figurc 1: Steep Slope Building I]eight
The intent of the steep slope designation is to create a terraced building design, in order to break-
up and minimize the mass and bulk of'a building that may sit atop and walk down a slope.
The height of the proposed addition (39.4 feet) at 230 Bellevue is a difference of 4-5 feet vertical
distance, from the height of the existing structure. The height increase is a result of 2.5 feet (30
inches) of building height combined with a 2.0 foot lower low point within 25 feet of the
structure as defined by the Boulder Revised Code. Staff has recommended approval with the
condition that the height of the proposed addition not exceed the height of the existing roofline,
which takes into consideration the topography and the new low point after the proposed addition.
With the condition, the height of the proposed structure will not exceed the height of the roofline
of the existing residence, but will be 2.0 feet taller as measured from the new low point, 36.9
feet. The condition will minimize impacts on the neighboring property to the north in terms of'
bulk, mass and solar access and make the proposed addition more consistent with the heights
reported within the surrounding neighborhood (after the proposed addition to 230 Bellevue 18%
of the homes within the surrounding neighborhood will be taller, see 'fable 1 above).
Project History
On August 14, 2008, the Board of Zoning Adjustment (BOZA) approved a variance and appeal
for a solar exception and variance to the front yard setback in order to construct the addition in
question (see Attachment 11, Findings and Decision of"the City of Boulder Board of Zoning
,4djustment Disposition of Zoning Case). BOZA approved a front yard setback of 20'-0" for the
proposed addition where 25'-0" is required. The solar exception approval was required by BOZA
because the addition in question casts a solar shadow that would exceed the limits of a 12'-0"
solar fence required for properties in Solar Access Area 1.
ANALYSIS:
The applicant has submitted a Site Review application for a Height Modification request to
modify the permitted height from 35 feet to 39.4 feet for the proposed addition. Applications for
Site Review are reviewed for consistency with the review criteria set forth in Section 9-2-14(h),
B.R.C. 1981, "Site Review Criteria for Review" (see Attachment 1, Site Review Criteria for
Review). Q
SAPI.ANTB-ITEM S\MEM0SQ30 Bellevue Height ModJV 42 09 doc AGENDA ITEM ft NS A Pape 6
1. Is the proposed height modification consistent with the Site Review criteria set forth
in Section 9-2-14(h), B.R.C. 1981, specifically Section 9-2-14(h)(2)(F): Building
Design, Livability and Relationship to the Existing or Proposed Surrounding Area?
The applicant is faced with unique circumstances that are specific to this site, including
wetlands, 100-year floodplain, and conveyance zone designations, topography and the
location of the existing structure, all of which put limitations on the existing building
envelope and potential site development. The applicant has chosen to work within the
confines of the existing building's location on the site in order to limit site disturbance in
terms of loss of existing mature vegetation, altering existing, natural topography and
drainage patterns with cut and fill, and development impacts on the natural ecosystems
present on the site. In doing so, the applicant has renovated a dilapidated and outdated
structure to become more functional instead of scraping the existing structure and starting
anew. Additionally, the applicant has taken great strides to work within the confines of'
the existing structure's style and size, so as to minimize the expansion of the existing
building footprint.
Staff has reviewed the proposed height modification for consistency with the Site Review
criteria set forth in Section 9-2-14(h), B.R.C. 1981, specifically 9-2-14(h)(2)(F): Building
Design, Livability and Relationship to the Existing or Proposed Surrounding Area, and
has determined that the proposed height modification, subject to the recommended
Conditions of Approval is consistent with such based on the following:
(i) The building height, mass, scale, orientation, and configuration are compatible with
the existing character of the area or the character established by an adopted plan for the
area;
Within the Lower Chautauqua neighborhood, the Bellevue Park area has some of the
largest and most architecturally distinctive homes. If there is a coherent and distinctive
character within the neighborhood, it is that of variety and mid-century contemporary
stylings. Many of the houses within the neighborhood, both new and old, are both larger
and taller than the proposed addition (see discussion on page 4 under Character of
Surrounding Neighborhood for additional information on building square footagcs and
building footprints).
Building heights within the surrounding nei , lborhood range from 18 feet upwards of 50
feet. The existing residence immediately adjacent to 230 Bellevue to the north, 260
Bellevue is reportedly 27 feet. The height of the existing residence adjacent to the south,
160 Bellevue is reportedly 40 feet. While 230 Bellevue's existing height is 349 feet is
roughly mid-way between that of its neighbors, the height of the proposed addition will
exceed the height of the majority of the surrounding residences in that it will be taller
than 82% of the surrounding homes (see discussion on page 5).
Staff has recommended conditioning the height of the proposed addition so that it is
consistent with the height of the existing building (34.9 feet). The proposed addition will
move the low point within 25 feet of the building approximately two feet lower than the
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low point that is currently used to measure the existing building height from elevation
5590 to elevation 5588. Staff recommends conditioning the height of the proposed
addition so that the height of the proposed addition is 369 feet. The staff condition takes
into account the change in grade and will minimize the appearance of the mass and bulk
of the residence and the impact of the new north facade wall on the neighboring property,
260 Bellevue Drive.
(H) The height of"buildings i.s in general proportion to the height of existing buildings
and the proposed or projected heights of approved buildings or approved plans for the
immediate area;
The height of the existing house is 34.9 feet. The height of the proposed addition is 39.4
feet which is a difference of 4.5 feet vertical distance. The height increase is a result of
2.5 feet (30 inches) of building height combined with a 2.0 foot lower low point within
25 feet of the structure as defined by the Boulder Revised Code.
The homes immediately adjacent to the north, 260 Bellevue, and south 160 Bellevue are
27 feet and 40 feet, respectively, in height. Although the height of the proposed addition
at 230 Bellevue is between that of its adjacent neighbors, it is inconsistent with the height
of the majority of the surrounding neighborhood in that the height of the proposed
addition will be taller than approximately 82% of the homes in the surrounding
neighborhood.
Additionally, of the 45 homes surveyed, the mean (average height) is 33.4 feet, the mode
(height that occurs most fi-equently) is 35 feet and the median (height in the middle of the
range) is 34 feet.
Staff recommends conditioning the height of the proposed addition to be consistent with
the height of the existing structure. Since the proposed addition moves the low point
within 25 feet of the structure two feet lower, the height of the proposed addition will be
two feet taller as defined by the Boulder Revised Code; however, i f the condition is
applied it will not exceed the height of the existing residence in appearance. The height
of the proposed addition will in effect be 36.9 feet, which will minimize impacts on
neighboring properties and bring the proposed addition closer in conformity to the heights
reported in the surrounding neighborhood.
(iii) The orientation of buildings minimizes shadows on and blocking of views from
adjacent properties;
The need to place the proposed addition near the north property line and the difficult
topography in the area made minimization of shading on the adjacent property to the
north quite challenging.
The proposed addition has minimal solar impacts (see Attachment A, Applicant's
Proposed Plans, Sheet A1.5). There is a small area of shadow on a steeply sloped,
wooded portion of the adjacent site to the north, 260 Bellevue, for a short period of time
at 2 o'clock p.m. A solar exception was granted for this intrusion by the Board of Zoning
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Adjustment on August 14, 2008 (see Attachment H, Findings and Decision of the City
of Boulder Board of Zoning Adjustment Disposition of Zoning Case).
The staff recommendation to condition the height of the proposed addition to be
consistent with that of the existing residence will have an impact on the shadow analysis
and further minimize the solar impacts on the adjacent lot to the north. In order to
determine to what extent the solar impacts will be alleviated, a new solar analysis will
need to be done.
The proposed addition has minimal impacts on the views from the adjacent properties
(260 Bellevue Drive, 1425 Bellevue Drive, and 1330 King Avenue). The views from
1425 Bellevue Drive (two lots to the north) and 1330 King Avenue (three lots north) are
minimally impacted.
The views to the west from 260 Bellevue Drive are impacted slightly. The steep slope on
the western portion of 260 Bellevue Drive already cuts off most views to the west as the
house sits further to the east and much lower on the lot than 230 Bellevue Drive.
Additionally, a large mature evergreen tree, which will be preserved on 230 Bellevue
Drive already blocks the views to the southwest from 260 Bellevue Drive.
It can also be argued that the existing views from 260 Bellevue Drive will be improved,
as the existing detached storage shed built within the rear- yard of 230 Bellevue Drive near
the north property line will be removed. After its removal, 260 Bellevue Drive will have
unobstructed views along the riparian corridor across the eastern portion of the 230
Bellevue Drive property.
(iv) ff the character of the area is identifiable, the project is made compatible by the
appropriate use of color, materials, landscaping, signs, and lighting;
The proposed addition will continue the mid-century modern style of the existing house,
which is respectful of and compatible with the architectural character of the surrounding
neighborhood-
(v) Buildings present an attractive streetscape, incorporate architectural and site design
elements appropriate to a pedestrian scale, and provide for the safety and convenience of
pedestrians;
The proposed addition includes the creation of a landscaped terrace which allows for
exterior space between the existing home and street to be improved. Additional street
trees are also included in the development plans along with the addition of a garage which
will eliminate street parking and outdoor storage.
(vi) The project incorporates the natural environment into the design and avoids,
minimizes, or mitigates impacts to natural systems;
The proposed project minimizes the impacts on the natural environment in the following
ways:
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• Minimal driveway length and paved surfaces;
• Development of the western portion of the site preserves the eastern portion of the
site, which is comprised of a riparian corridor for a seasonal stream, King's
Gulch;
• Minimal excavation except where necessary for stabilization of the addition; and
• Maintenance of natural drainage patterns and topography.
(vii) Cut and f ll are minimized on the site, the design of buildings conforms to the
natural contours of'the land, and the site design minimizes erosion, slope instability,
landslide, mudflow or subsidence, and minimizes the potential threat to property caused
by geological hazards.
The proposed addition is to be constructed with minimal cutting of the hillside for the
new foundation system. There will be some fill between the structure and the street to
support the driveway access to the garage portion of the addition. In general, the building
conforms to the difficult topography of the site and minimizes the impact to the existing
grade and drainage patterns of the site.
PUBLIC COMMENTAND PROCESS:
Required public notice was given in the form of written notification mailed to all property
owners within 600 feet of the subject property and a sign posted on the property for at least 10
days. All notice requirements of Section 9-4-3, B.R.C. 1981 have been met. No public comment
either in support or in opposition was received.
STAFF FINDINGS AND RECOMMENDATION:
Planning staff finds that:
1. The application satisfies the Site Review criteria pursuant Section 9-2-14(h), B.R.C.
1981, specifically 9-2- l 4(h)(2)(.F): Building Design, Livability and Relationship to the
Existing or Proposed Surrounding Area if the conditions listed below are incorporated
into the approval of this application.
Therefore, staff recommends that Planning Board approve Site Review Ileight Modification
Review 41_UR2009-00003 incorporating this staff memorandum and the attached Site Review
Criteria Checklist as findings of fact, subject to the recommended Conditions of Approval below:
RECOMMENDED CONDITIONS OF APPROVAL
1. The Applicant shall be responsible for ensuring that the development shall be in
compliance with all approved site plan dated October 6, 2008 and approved solar analysis
and building elevations dated June 12, 2008 and on the in the City of Boulder Planning
Department, except as may be modified by this approval.
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2. Prior to issuance of a building permit, the Applicant shall provide to the City the
following, subject to (lie review and approval by the Plarming Director and the Director of
Public Works:
a. Final architectural plans, including materials and colors, to insure compliance with
the intent of this approval and compatibility with the surrounding area.
b. A drainage plan, grading plan, and stormwater management plan meeting the City of
Boulder Design and Construction Standards stamped by a Colorado registered
professional engineer.
c. A hillside restoration and remediation plan stamped by a Colorado registered
professional engineer that includes plans to restore the hillside in the event that the
Applicant fails to construct those structures or portions of building that arc necessary
to stabilize the slope.
d. A financial guarantee meeting the requirements of Section 9-12-13, B.R.C. 1981 in
an amount necessary to implement the hillside restoration and remediation plan.
C. A construction schedule in conformance with Section 10-5-2(k), B.R.C. 1981.
3. Prior to a building permit application, the Applicant shall dedicate to the City the
following as part of a Technical Document Review application, subject to the review and
approval of the City of Boulder Planning and Development Services Division-
a. A sidewalk easement along the west property line which contains the existing
sidewalk and an additional foot beyond the back of walk.
4. During the construction of the addition, the Applicant shall comply with the requirements
set forth in the Section 7.13 (B)(1)(a) through 7.13 (B)(1)(c), "Storm Water Quality Best
Management Practices," City of BOUlder Design & Construction Standards.
5. Prior to requesting a final inspection for the addition, the Applicant shall remove the
existing driveway and curb cut on the Property, commonly known as 160 Bellevue Drive,
located immediately adjacent to the south of 230 Bellevue Drivc.
6. If the Applicant fails to complete modifications to the hillside in accordance with
approved plans, then the City has the right, but not the obligation to, at its sole discretion,
utilize the financial guarantee, enter the Property, and implement the
restoration/remediation plan or otherwise restore or stabilize the hillside. The guarantee
will be in a form satisfactory to the City Attorney. The term of the guarantee shall be for
a period of time sufficient to cover the construction or installation of the public
improvements. The financial guarantee will not be released until final approval of all
construction requirements associated with the construction of a building on the property
and after the Applicant provides the Director of Public Works with as-builts stamped by a
Colorado registered professional engineer in conformance with Section 1.03 (B) of the
City of Boulder Design & Construction Standards, and a letter stamped by a Colorado
S \PI AN\I'B-ITEMS\MEMOS\230 Bellevue Ileighl Mod Jv 4 2.09.doc AGENDA ITEM # ~ Page I I
registered professional engineer indicating substantial conformance with the original
approved plans and reports.
7. The Applicant shall ensure that the addition shall not exceed the height of 36.9 feet, the
existing building's roof line, as measured from the low point 25 feet away from the
proposed building.
Approved By:
Ru NiMc Icy r, .xe e Director of Community Planning
Planning Department
ATTACHMEN'T'S:
A: Applicant's Proposed Plans
B: Applicant's Written Statement
C: Vicinity Map
D: 230 Bellevue Permitted Building Envelope per Setbacks with Designated
Wetlands, Conveyance Zone and I00-Yr Floodplain
E: 230 Bellevue Drive Site Topography
F: 230 Bellevue Existing Structure and Setbacks
G: Surrounding Neighborhood Statistics
H: Findings and Decision of the City of Boulder Board of Zoning Adjustment
Disposition of Zoning Case
I: Site Review Criteria for Review
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ATTACHMENT B
Site Review - Height Modification
230 Bellevue
Executive Summary
Inh•oduclion
The applicant proposes an addition at 230 Bellevue that requires site review for height in excess of the by-
right 35'-0" limit. The applicant would like to construct an addition that supplement.- the existing structure
and provides an attached garage and master bedroom suite. Because of conditions unique to this site the
proposed structure exceeds the allowable 35'-0" height.
The City of Boulder has established a method of treasuring building height that takes into consideration the
grade around the building. For buildings on flat or low slope lots the maximum allowed building height is
35'-0" above the lowest point of natural grade within 25'-0" of the structure. For buildings on steep slope
lots the maximum allowed building height is 55'-0" above the lowest point of natural grade within 25'-0" of
the structure provided that the structure does not cross a line 25'-0" above the line of natural grade. These
are the only two methods for determining building height within the city. For the vast majority of sites
within the city these provide a fair and adequate method of measuring height.
The subject property, however, is one which does not fit well within either of these general categories and
their prescriptive methods. This is an "in-between" site, an idiosyncratic lot, which is in part a shallow
slope and in part a steep slope. On this site the applicant is not afforded the relief of a steep slope
designation that mitigates the effects of large change!; of natural grade within the immediate proximity of
the building site. On this site the municipal code requires that height be calculated as if for a low slope lot
even though conditions unique to the site and existing structure dictate that any addition be built on a
portion of the lot where the actual slope far exceeds the minimum 20 degree threshold for a steep slope.
If the proposed addition were to be built upon a lot that was flat or had a slope of up to 11% its height
would be compliant. If the proposed addition were to be built upon a lot with a steep slope designation it
would be compliant with only minor modification to its profile.
The applicant has maintained and improved an existing structure to truly minimize the impact on the
neighborhood and adjacent property owners. In this case and on this property the easier course of action
would have been to remove the existing house and build a new structure as has been done at many
properties both within this neighborhood and across the city.
Instead, however, the applicant has chosen the more difficult, responsible and sensitive approach of
keeping the existing structure. She has renovated an existing building found in extremely poor condition
and made it something positive for the neighborhood. In so doing she has limited the impact on the
neighborhood and neighboring properties. As a result of saving the existing structure, limitations are
imposed on further development of the site. The applicant is left with the task of trying to construct an
addition where conditions of the site are extremely difficult. Potential development is limited to a portion
of the site where a very steep slope makes it impossible to construct a structure within the 35'-0" height
allowed.
In response to the difficult and limiting conditions of the site, the design team has sought to find the most
responsible and sensitive design that addresses the needs of many stakeholders. The design team believes
that, even with the non-compliant building height, the proposed addition is both compatible with other
development in the neighborhood and a reasonable and sensitive response that values and respects the
architectural character of the neighborhood, the natural environment, and the needs and rights of neighbors
and community members.
The applicant and design team duly request that this proposed height modification be approved.
Height Modification
230 Bellevue Drive
Page I of 27
ATTACHMENT C
City of Boulder Vicinity Map
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Location: 230 Bellevue Dr
Project Name: Pulver Residence 01), of
Review Type: Site Review Boulder
Review Number: LUR2009-00003 NORTH ainl epidedonthis mapisof Bou
ass g graphicaphical reprepresentation only- The City of Boulder
prmides no warranty, expressed or impried. as to
1 inch - 300 feet the accuracy andfor oompileteness of the information
Applicant: JR De_Sousa for Page Pulver - contained hereon.
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CITY OF BOULDER ATTACHMCNT H
e 4"-" ~ 5. Planning and Development Services
1739 Broadway, Third Floor P.O. Box 791, Boulder, Colorado 80306-0791
phone 303-441-1880 • fax 303-441-3241 • email plandevelop@ci.boulder.co_us
www.ci-boulder.co-us/pwplan/
NOTICE
FINDINGS AND DECISION OF THE CITY OF BOULDER BOARD OF ZONING
ADJUSTMENT DISPOSI'T'ION OF ZONING CASE;
DOCKET NUMBER 2008-13
CONCERNING TIIE APPLICATION FOR A VARIANCE OF THE SETBACK REQUIRI✓MENTS OF SECTION 9-
7-1, B.R.C. 1981 AND AN APPEAL OF THE ADMINISTRATIVE SOLAR EXCEPTION OF SECTION 9-9-17
(1)(5) B.R.C. 1981 AT 230 BELLI VUE DRIVE OF PAGE PULVER WHOSE MAILING ADDRESS IS 230
BEL I-EVUE DRIVE, BOULDER, CO 80302.
On August 14, 2008, the City of Boulder Board of Zoning Adjustment, a quorum being present, held a public
hearing, after giving notice as required by law, on the application for the following variance and appeal: =to vary the
front yard setback in order to construct an addition that will provide parking and additional living area. The
resulting front yard setback will be 20'-0" where 25'-0" is required. Section of the Land Use Regulations to be
varied: Section 9-7-1 B.R.C. 1981. Additionally, the applicant is appealing the denial of the administrative solar
exception application ADR2008-001 13. This appeal is made pursuant to Section 9-9-17 (f)(5) B.R.C. 1981.
Based on our field investigation and the relevant testimony, exhibits, and other evidence introduced at the
hearing, and in accordance with the applicable provisions of the Boulder Revised Code, 1981, we find by a
preponderance of the evidence that the criteria for granting a variance have been met, and grant the variance as
requested. The board also finds by a preponderance of the evidence that the criteria. for granting an appeal have been
nnet, and grant the appeal as requested.
The variance and appeal are limited to the use and structure for which requested, including the location on the
lot and maximum height for solar purposes, as approved by the Board of Zoning Adjustment. This approval shall in no
way constitute a modification to the maximum building height, an approval that requires action by Planning Board.
This variance was approved by the vote of 3:1 (E. l londorf opposed, Shaver absent).
Secondly, this appeal was granted by the vote of 3:1 (E. Hondorf opposed, Shaver absent).
FXECUl'ED this 14th day of August 2008, and effective as of ALEgust 14, 2008.
Pursuant to 9-2-3(1), BRC 1981, a ninety day extension to the original variance approval was granted on
February 14, 2009. This variance will expire on May 14, 2009, unless a building permit for the variance is applied for
or the applicant is granted a subsequent ninety day extension from the Board of Zoning Adjustment.
Robe Fichweg, Presiding Officer of the Board .ii the Meeting
By: -
Biian Holmes, Secretary
to the Board of 7oning Adjustment
may. 32
Al-rAOIMENT 1
CRITERIA FOR REVIEW
No site review application shall be approved unless the approving agency finds that.
(1) Boulder Valley Comprehensive Plan:
Y (A) The proposed site plan is consistent with the purposes and policies of the Boulder
Valley Comprehensive Plan.
2.39 Sensitive Infill and Redevelopment
2.42 Enhanced Design for the Built Environment
Context
Public Realm
Human Scale
On-site Open Spaces
Buildings
Density Criteria as set forth in the BVCP
Y(B) The proposed development shall not exceed the maximum density associated with
the Boulder Valley Comprehensive Plan residential land use designation.
Additionally, if the density of existing residential development within a three hundred-foot
area surrounding the site is at or exceeds the density permitted in the Boulder Valley
Comprehensive Plan, then the maximum density permitted on the site shall not exceed
the lesser of:
The BVCP Land Use designation is low density residential, which permits a density of 2
to 6 units per acre- The site is approximately .4 acres with one dwelling unit.
Y(i) The density permitted in the Boulder Valley Comprehensive Plan, or,
N/A(iii) The maximum number of units that could be placed on the site without
waiving or varying any of the requirements of Chapter 9-8, "Intensity
Standards," B.R.C. 1981.
Y(C) The proposed development's success in meeting the broad range of BVCP
policies considers the economic feasibility of implementation techniques require to meet
other site review criteria.
Since the development proposal is comprised of a singe lot approximately. 4 acres in
size with one dwelling unit, economic feasibility is not an issue as it only applies to the
single home owner.
(2) Site Design: Projects should preserve and enhance the community's unique sense
of place through creative design that respects historic character, relationship to the
natural environment, and its physical setting. Projects should utilize site design
techniques which enhance the quality of the project. In determining whether this
Subsection is met, the approving agency will consider the following factors:
Y(A) Open Space: Open space, including, without limitation, parks, recreation areas,
and playgrounds:
N/A(i) Useable open space is arranged to be accessible and functional;
Y(ii) Private open space is provided for each detached residential unit;
The development proposal consists on one single-family lot approximately _4
acres in size. The lot itself is host to a variety of topographical conditions, flood
plan and wetlands. Development of the- proposed addition will improve the open
space of the site in the following ways.
• Building will only occur on the western portion of the site, so little
interference with the floodplain or wetlands area will occur.
• There will be minimal cut and fill, except for stabilization purposes- For
the most part the natural topography of the site will remain in tact along
with natural drainage patterns.
• The existing storage shed placed closely to the riparian corridor (king
Gulch) will be removed, which will preserve the most ecologically
sensitive portion of the site.
Y(iii) The project provides for the preservation of or mitigation of adverse
impacts to natural features, including, without limitation, healthy long-lived trees,
significant plant communities, ground and surface water, wetlands, riparian
areas, drainage areas, and species on the federal Endangered Species List,
"Species of Special Concern in Boulder County" designated by Boulder County,
or prairie dogs (Cynomys ludiovicianus) which is a species of local concern, and
their habitat;
Y(iv) The open space provides a relief to the density, both within the project and
from surrounding development;
Surrounding development occurs in a similar pattern along Bellevue- Houses are
placed on the western portion of their lots (with the exception of the corner lot,
1405 Bellevue) leaving the eastern portion of their lots unobstructed for the
preservation of the riparian corridor.
N/A(v) Open space designed for active recreational purposes is of a size that it
will be functionally useable and located in a safe and convenient proximity to the
uses to which it is meant to serve;
Y(vi) The open space provides a buffer to protect sensitive environmental
features and natural areas; and
Y(vii) If possible, open space is linked to an area- or city-wide system.
N/A(B) Open Space in Mixed Use Developments (Developments that contain a mix
of residential and non-residential uses)
N/A(i) The open space provides fora balance of private and shared areas for the
residential uses and common open space that is available for use by both the
residential and non-residential uses that will meet the needs of the anticipated
residents, occupants, tenants, and visitors of the property, and
N/A(ii) The open space provides active areas and passive areas that will meet
the needs of the anticipated residents, occupants, tenants, and visitors of the
property and are compatible with the surrounding area or an adopted plan for the
area.
Y(C) Landscaping
Y(i) The project provides for aesthetic enhancement and a variety of plant and
hard surface materials, and the selection of materials provides for a variety of
colors and contrasts and the preservation or use of local native vegetation where
appropriate;
The proposed development plans for 230 Bellevue include the enhancement of
the exterior space of the existing house and the street to be improved with the
inclusion of a landscaped terrace and garage are constructed.
Y(ii) Landscape design attempts to avoid, minimize, or mitigate impacts to
important native species, plant communities of special concern, threatened and
endangered species and habitat by integrating the existing natural environment
into the project;
The proposed project seeks to minimize the impacts on the natural environment
contained within the confines of the lot by minimizing the footprint of the existing
building, hillside excavation and disruption of natural plant communities and
drainage patterns.
The most significant plant communities exist within and around the riparian
corridor to the east, a portion of the site that is not being impacted by the
development.
Y(iii) The project provides significant amounts of plant material sized in excess of
the landscaping requirements of Section 9-9-10, "Landscaping and
Screening Standards" and Section 9-9-11, "Streetscape Design
Standards," B.R_C. 1981; and
There are several large trees that are to remain on the site, including crabapple,
pines and more than 60 large trees within the riparian corridor being preserved
by the proposed construction plan.
Y(iv) The setbacks, yards, and useable open space along public rights-of-way
are landscaped to provide attractive streetscapes, to enhance architectural
features, and to contribute to the development of an attractive site plan.
A landscaped terrace to be located between the existing house and street will be
included in the proposed addition to the existing structure along with a garage for
storage. This will clean-up the appearance of the existing home, eliminate street
parking and create a usable environment between the home and street
N/A(D) Circulation: Circulation, including, without limitation, the transportation system
that serves the property, whether public or private and whether constructed by the
developer or not:
35
This project is comprised of an addition to an existing single-family residence. No
changes to the public right-of-way are proposed with this application.
N/A(i) High speeds are discouraged or a physical separation between streets
and the project is provided;
N/A(ii) Potential conflicts with vehicles are minimized;
N/A(M) Safe and convenient connections accessible to the public within the
project and between the project and existing and proposed transportation
systems are provided, including, without limitation, streets, bikeways,
pedestrianways and trails;
N/A(iv) Alternatives to the automobile are promoted by incorporating site design
techniques, land use patterns, and supporting infrastructure that supports and
encourages walking, biking, and other alternatives to the single-occupant vehicle;
N/A(v) Where practical and beneficial; a significant shift away from single-
occupant vehicle use to alternate modes is promoted through the use of travel
demand management techniques,-
NIA(vi) On-site facilities for external linkage are provided with other modes of
transportation, where applicable;
N/A(vii) The amount of land devoted to the street system is minimized; and
N/A(viii) The project is designed for the types of traffic expected, including,
without limitation, automobiles, bicycles, and pedestrians, and provides safety,
separation from living areas, and control of noise and exhaust.
N/A(E) Parking
This project is comprised of an addition to an existing single-family residence. No
changes to the public right-of-way are proposed with this application. However, street
parking is being eliminated with this proposal as a private driveway and garage are
being proposed.
N/A(i) The project incorporates into the design of parking areas measures to
provide safety, convenience, and separation of pedestrian movements from
vehicular movements;
N/A (ii) The design of parking areas makes efficient use of the land and uses the
minimum amount of land necessary to meet the parking needs of the project;
NIA (iii) Parking areas and lighting are designed to reduce the visual impact on
the project, adjacent properties, and adjacent streets; and
N/A (iv) Parking areas utilize landscaping materials to provide shade in excess of
the requirements in Subsection 9-9-6(d), "Parking Area Design
Standards," and Section 9-9-12, "Parking Lot Landscaping Standards," B.R.C.
1981.
Y(F) Building Design, Livability, and Relationship to the Existing or Proposed
Surrounding Area
Y (i) The building height, mass, scale, orientation, and configuration are
compatible with the existing character of the area or the character established by
an adopted plan for the area;
Within the Lower Chautauqua neighborhood, the Bellevue Park area has some of
the largest and most architecturally distinctive homes. If there is a coherent and
distinctive character within the neighborhood, it is that of variety and mid -century
contemporary stylings. Many of the houses within the neighborhood, both new
and old, are both larger and taller than the proposed addition.
The existing homes within the immediate area range in size from approximately
1,500 square feet to 10,500 square fee; excluding garages. Approximately 84
percent of the homes within the neighborhood range in size from 1,500 square
feet to 5,500 square feet; of those approximately 66 percent are below 3,500
square feet in size. The existing residences immediately adjacent to the north and
south, 260 Bellevue and 160 Bellevue, are approximately 3,024 square feet and
3,280 square feet in size respectively, excluding garages (an additional 432
square fet for 260 Bellevue and 484 square feet for 160 Bellevue).
The existing residence at 230 Bellevue Drive is 3,378 square feet: with the
proposed addition, the new total square footage will be 4,249 square feet
(excluding the 719 square foot garage). The proposed addition to existing
residence at 230 Bellevue Drive is within the majority size range of the
surrounding homes within the immediate area, however in excess of the
residences immediately udjacent.
Buildingfootprints within the surrounding area range from approximately 1,105
square feet to 5,120 square feet. Approximately 78 percent of the existing
residences within the surrounding area have a footprint sizes ranging from 1,105
square feet to 3,105 square feet,- of those approximately 56 percent are below
2,105 square,feet. The existing building footprint ol-230 Bellevue Drive is 1,386
square feet; after the proposed addition, the building footprint will be 2,111
square feet, which is consistent with the existing .structures in the surrounding
area and is approximately mid-way between those immediately adjacent to the
north and south, 260 Bellevue. 1, 770 square feet, and 160 Bellevue 2,156 square
feet, respectively.
Building heights within the surrounding neighborhood range frorn 18 feet
upwards of 50./eet_ The existing residence immediately adjacent to 230 Bellevue
to the north, 260 Bellevue is reportedly 27 feet. The height of the existing
residence adjacent to the south, 160 Bellevue is reportedly 40 feet.
Approximately 93 percent of the homes within the surrounding neighborhood are
under 45 feet in height; of those approximately 13 percent are under 40 feel in
height. 230 Bellevue's existing height is 34.9 feet is roughly mid-way between
that of its neighbors. The height of the proposed addition is in proportion with
the majority of those residences within the surrounding neighborhood.
Additionally, existing homes within the surrounding neighborhood range from 30-
40 feet in height. Some homes are permitted to go as high as 55 feet, due to steep
slope lot designations.
Y (H) The height of buildings is in general proportion to the height of existing
buildings and the proposed or projected heights of approved buildings or
approved plans for the immediate area;
The height of the existing house is 34.9 feet. The height of the proposed addition
is 39.4 feet which is a difference of 4.5 feet vertical distance. The height increase
is a result of 2.5_feet (30 inches) of building height combined with a 2.0 foot lower
low point within 25 feet of the structure as defined by the Boulder Revised Code.
Approximately 93 percent of the homes within the surrounding neighborhood are
under 45 feet in height, of those approximately 33 percent are below 40 feet. The
homes immediately adjacent to the north, 260 Bellevue, and south 160 Bellevue
are 27 feet and 40 feet, respectively, in height. The height of the proposed
addition at 230 Bellevue is about mid-way between that of its adjacent neighbors-
Y (iii) "The orientation of buildings minimizes shadows on and blocking of views
from adjacent properties;
The need to place the proposed addition near the north property line and the
difficult topography in the area made minimization ofshading on the adjacent
property to the north quite chullenging.
The proposed addition has minimal solar impacts (see Attachment A, Applicant 's
Proposed Plans, Sheet A1.5). Y here is a small area of shadow on u steeply
sloped, wooded portion of the adjacent site to the north, 260 Bellevue, for a short
period of time at 2 o 'clock p. m. A solar exception was granted for this intrusion
by the Board of 'Zoning Adjustment on August 14, 2008 (see Attachment I,
!endings and Decision of the City of Boulder Board of7oning Adjustment
Disposition of Zoning Case).
The proposed addition has minimal impacts on the views from the adjacent
properties (260 Bellevue Drive, 1425 Bellevue Drive, and 1330 King Avenue).
The views from 1425 Bellevue Drive (two lots to the north) and 1330 King Avenue
(three lots north) are minimally impacted. The proposed addition when viewed
from these properties is seen in the front of the existing house (the addition is seen
first) and therefore it is only the small additional height that changes the view
(2.5 feet).
Ybe views to the west fi•otn 260 Bellevue Urive are impacted slightly. The steep
slope on the western portion of 260 Bellevue Drive already cuts off most views to
the west as the house sits fto•ther to the east and much lower on the lot than 230
Bellevue Drive. Additionally, a large mature evergreen tree, which will be
preserved on 230 Bellevue Drive already blocks the views to the southwest f-wn
260 Bellevue Drive.
It can also be argued that the existing views from 260 Bellevue Drive will be
improved, as the existing detached storage shed built within the rear yard of 230
Bellevue Drive near- the north property line will be removed. After its removal,
260 Bellevue Drive will have unobstructed views along the riparian corridor
across the eastern portion oJ the 230 Bellevue Drive.
Y (iv) If the character of the area is identifiable, the project is made compatible by
the appropriate use of color, materials, landscaping, signs, and lighting;
The proposed addition Will continue the mid-century modern style of the existing
house, which is r•especf/ul ofand compatible with the architectural character of
the surrounding neighborhood.
Y (v) Buildings present an attractive streetscape, incorporate architectural and site
design elements appropriate to a pedestrian scale, and provide for the safety and
convenience of pedestrians-,
The proposed addition includes the creation of a landscaped terrace which allows
for exterior space between the existing home and street to be improved-
Additional street trees are also included in the development plans along with the
addition of a garage which will eliminate street parking and outdoor storage.
Y (vi) The project incorporates the natural environment into the design and
avoids, minimizes, or mitigates impacts to natural systems;
The proposed project minimizes the impacts on the natural environment in the
following ways.
• Minimize driveway length and paved surfaces;
• Development of the western portion of the site preserves the eastern
portion of the site, which is comprised of 'a riparian corridor for a
seasonal stream, King's Gulch;
• Minimized excavation except where necessary for stabilization of the
addition,- and
• Maintain natural drainage patterns and topography.
Y (vii) Cut and till are miniinized on the site, the design of buildings conforms to
the natural contours of the land, and the site design minimizes erosion, slope
instability, landslide, mudtlow or subsidence, and minimizes the potential threat
to property caused by geological hazards.
The proposed addition is to be constructed with minimal cutting of the hillside for
the new foundation system There will be some fill between the structure and the
street to support the driveway access to the garage portion of the addition. In
general, the building conforms to the difficult topography of the site and
minimizes the impact to the existing grade and drainage patterns of the site.
Y(G) Solar Siting and Construction: For the purpose of ensuring the maximum
potential for utilization of solar energy in the city, all applicants for residential site reviews
shall place streets, lots, open spaces, and buildings so as to maximize the potential for
the use of solar energy in accordance with the following solar siting criteria:
Building siting is determined by a number of different factors related to the existing
building and site. This site is comprised of several site specific issues that impede
traditional compliance with the good solar siting, including the existing structure location,
topography, floodplain, wetlands and riparian corridor preservation location. To site the
proposed addition for maximum solar potential, would have detrimental affects on the
natural environment, neighboring properties and neighborhood character.
Y(i) Placement of Open Space and Streets: Open space areas are located
wherever practical to protect buildings from shading by other buildings within the
development or from buildings on adjacent properties. Topography and other
natural features and constraints may justify deviations from this criterion.
The proposed addition is located on a large lot and will only minimally shade 260
Bellevue (adjacent property to the north). However, existing landscaping,
topography, structure and natural environment have altered the `good solar siting'
of the addition. Additionally, the Board of Zoning Adjustment has approved a
solar exception (Docket #2008-13) based on the above conditions.
Y(ii) Lot Layout and Building Siting: Lots are oriented and buildings are sited
in a way which maximizes the solar potential of each principal building.
Lots are designed to facilitate siting a structure which is unshaded by other
nearby structures. Wherever practical, buildings are sited close to the north lot
line to increase yard space to the south for better owner control of shading.
Due to the natural constraints of the lot, a solar exception has been granted to
minimally shade the neighboring property to the north, 260 Bellevue.
Y(iii) Building Form: The shapes of buildings are designed to maximize utilization
of solar energy. Buildings shall meet the solar access protection and solar siting
requirements of Section 9-9-17, "Solar Access," B.R.C. 1981.
The proposed addition is to be placed to the northwest corner of the lot adjacent
to the existing structure. A setback variance has been granted in order to locate
the garage as close to the western property boundary as possible to allow for
minimal impacts on cut and fill. Additionally, the proposed master suite will be
located on top of the garage limiting the amount of lot coverage and intrusion into
the eastern portion of the site, which is to be preserved as a riparian corridor.
Y(iv) Landscaping. The shading effects of proposed landscaping on adjacent
buildings are minimized.
Existing mature landscaping will remain undisturbed by construction on the site.
There will be no additional shading of neighboring buildings as a result of
landscaping. Additional landscaping on the west portion of the site are planned
for a terrace between the existing home and the street. These additions will not
reduce solar gain during mid-day hours of winter days. The proposed trees
within this area are intended to provide shade for the existing structure in
summer sun-
N/A(H) Additional Criteria for Poles Above the Permitted Height: No site review
application for a pole above the permitted height will be approved unless the approving
agency finds all of the following:
N/A(i) The light pole is required for nighttime recreation activities, which are
compatible with the surrounding neighborhood, or the light or traffic signal pole is
required for safety, or the electrical utility pole is required to serve the needs of
the city; and
N/A(ii) The pole is at the minimum height appropriate to accomplish the
purposes for which the pole was erected and is designed and constructed so as
to minimize light and electromagnetic pollution.
N/A(l) Land Use Intensity Modifications
N/A(i) Potential Land Use Intensity Modifications.
(a) The density of a project may be increased in the BR-1 district through
a reduction of the lot area requirement or. in the Downtown (DT), BR-2, or
MU-3 districts through a reduction in the open space requirements.
(b) The open space requirements in all Downtown (DT) districts may be
reduced by up to one hundred percent.
(c) The open space per lot requirements for the total amount of open
space required on the lot in the BR-2 district may be reduced by up to fifty
percent.
(d) Land use intensity may be increased up to 25 percent in the BR-1
district through a reduction of the lot area requirement.
N/A(ii) Additional Criteria for Land Use Intensity Modifications- A land use
intensity increase will be permitted up to the maximum amount set forth below if
the approving agency finds that the criteria in Subsection (h)
"Criteria for Review" of this Section and following criteria have been met-
All
(a) Open Space Needs Met:-The needs of the project's occupants and
visitors for high quality and functional useable open space can be met
adequately,
(b) Character of Project and Area: The open space reduction does not
adversely affect the character of the development nor the character of the
surrounding area; and
(c) Open Space and Lot Area Reductions: The specific percentage
reduction in open space or lot area requested by the applicant is justified
by any one or combination of the following site design features not to
exceed the maximum reduction set forth above:
(i) Close proximity to a public mall or park for which the
development is specially assessed or to which the project
contributes funding of capital improvements beyond that required
by the parks and recreation component of the development excise
tax set forth in Chapter 3-8, "Development Excise Tax," B.R_C.
1981: maximum one hundred percent reduction in all Downtown
(DT) districts and ten percent in the BR-1 district;
(ii) Architectural treatment that results in reducing the apparent
bulk and mass of the structure or structures and site planning
which increases the openness of the site: maximum five percent
reduction;
(iii) A common park, recreation, or playground area functionally
useable and accessible by the development's occupants for active
recreational purposes and sized for the number of inhabitants of
the development, maximum five percent reduction; or developed
facilities within the project designed to meet the active recreational
needs of the occupants: maximum five percent reduction;
(iv) Permanent dedication of the development to use by a unique
residential population whose needs for conventional open space
are reduced: maximum five percent reduction;
(v) The reduction in open space is part of a development with a
mix of residential and non-residential uses within an BR-2 zoning
district that, due to the ratio of residential to non-residential uses
and because of the size, type, and mix of dwelling units, the need
for open space is reduced: maximum reduction fifteen percent;
and
(vi) The reduction in open space is part of a development with a
mix of residential and non-residential uses within an BR-2 zoning
district that provides high quality urban design elements that will
meet the needs of anticipated residents, occupants, tenants, and
visitors of the property or will accommodate public gatherings,
important activities, or events in the life of the community and its
people, that may include, without limitation, recreational or cultural
amenities, intimate spaces that foster social interaction, street
furniture, landscaping, and hard surface treatments for the open
space: maximum reduction 25 percent.
N/A(J) Additional Criteria for Floor Area Ratio Increase for Buildings in the BR-1
District
N/A(i) Process_ For buildings in the BR-1 district, the floor area ratio ("FAR")
permitted under Section 9-7-1, "Schedule of Form and Bulk Standards,"
B.R_C_ 1981, may be increased by the city manager under the criteria set forth in
this Subsection.
N/A(ii) Maximum FAR Increase: The maximum FAR increase allowed for
buildings thirty-five feet and over in height in the BR-1 district shall be from 2:1 to
4:1.
N/A(iii) Criteria for the BR-1 District: The FAR may be increased in the BR-1
district to the extent allowed in paragraph (ii) of this Subsection if the approving
agency finds that the following criteria are met:
(a) Site and building design provide open space exceeding the required
useable open space by at least ten percent: an increase in FAR not to
exceed 0.25:1.
(b) Site and building design provide private outdoor space for each office
unit equal to at least ten percent of the lot area for buildings 25 feet and
under and at least 20 percent of the lot area for buildings above 25 feet:
an increase in FAR not to exceed 0.25:1.
(c) Site and building design provide a street front facade and an alley
facade at a pedestrian scale, including, without limitation, features such
as awnings and windows, well-defined building entrances, and other
building details: an increase in FAR not to exceed 0.25:1.
(d) For a building containing residential and non-residential uses in which
neither use comprises less than 25 percent of the total square footage: an
increase iri FAR not to exceed 1:1.
(e) The unused portion of the allowed FAR of historic buildings
designated as landmarks under Chapter 9-11, "Historic
Preservation," B.R.C. 1981, may be transferred to other sites in the same
zoning district. However, the increase in FAR of a proposed building to
which FAR is transferred under this paragraph may not exceed an
increase of 0.5:1.
(f) For a building which provides one full level of parking below grade, an
increase in FAR not to exceed 0.5:1 may be granted.
N/A(K) Additional Criteria for Parking Reductions: The off-street parking
requirements of Section 9-7-1, "Schedule of Form and
Bulk Standards," B.R.C. 1981, may be modified as follows:
N/A(i) Process The city manager may grant a parking reduction not to exceed
fifty percent of the required parking. The planning board or city council may grant
a reduction exceeding fifty percent.
N/A(ii) Criteria: Upon submission of documentation by the applicant of how the
project meets the following criteria, the approving agency may approve proposed
modifications to the parking requirements of Section
9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, if it finds that:
(a) For residential uses, the probable number of motor vehicles to be
owned by occupants of and visitors to dwellings in the project will be
adequately accommodated;
(b) The parking needs of any non-residential uses will be adequately
accommodated through on-street parking or off-street parking;
(c) A mix of residential with either office or retail uses is proposed, and
the parking needs of all uses will be accommodated through shared
parking;
(d) If joint use of common parking areas is proposed, varying time periods
of use will accommodate proposed parking needs; and
(e) If the number of off-street parking spaces is reduced because of the
nature of the occupancy, the applicant provides assurances that the
nature of the occupancy will not change-
N/A(L) Additional Criteria for Off-Site Parking: The parking required under Section 9-
9-6, "Parking Standards," B.R_C. 1981, may be located on a separate lot if the following
conditions are met.-
NIA(i) The lots are held in common ownership;
N/A(ii) The separate lot is in the same zoning district and located within three
hundred feet of the lot that it serves; and
NIA(iii) The property used for off-site parking under this Subsection continues
under common ownership or control.