January 10, 2023 — Board of Zoning Adjustment Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] 2 of the application got it on page 2 of the application. There is a a document called City of Boulder for his own, and adjustment meeting guidelines. This this is actually a great little document that is put together to clarify some of the issues that come up and clarify the process that is called happens at virtually every every meeting. This is. putting it all in one sheet of paper to to make it clearer. So I I do appreciate that. Generally what we do is start out with the numbers of projects where we have one project today, and it's the 2,305 forest. so those in number 2,022, and a request for a setback variance it's fairly straightforward. but we will follow again the the guidelines we've been using. Oh.

[1:00] see. we need to. I don't think we need to talk about The rules, the virtual rules. I think that's covered in this meeting Guideline page as well. So we just get started, and initially. we'll have the staff make a presentation after the staff has made a presentation, the applicant will make a presentation Each are given 15 min to make these presentations. We'll have an open call for response from the citizens. I. If people have comments, they have 3 min to make those comments, and then at that point Once that's finished, we will go into more discussion. and hopefully come to some resolution. So if we could we have Mr. Robbie Weyer come and give us a presentation from the staff point of view. and before I start Devin did you need to give your a quick presentation? Is that something we need to do before I go into the item.

[2:03] I do have the the slides up for the rules of requirement presentation. Mr. Chair, if you would like, I can definitely present. if you're ready, let's go. Oh, yeah, that that'll be great. This is also available on the boulder website as well. But please go ahead. Awesome, fantastic. You all see my screen. Correct. awesome. Well, thank you all for being here at the Bose. A meeting. My name is Devon Saunders, and I'm. The Sec Board Secretary for the Board of Zoning adjustments. Today we have one item, and then there is a public comment option for this item. Later on in the meeting. for this the city has engaged with the community to co-creat a vision for productive meaningful and inclusive civic conversations. This vision supports physical and emotional safety for community members as well as board as well as born commission members and the democracy. For people of all ages identities lived experiences and political perspectives.

[3:06] Some of the the following are examples of rules and decorum found in the Boulder, Revised Code, and other guidelines that support this vision. These will be upheld during tonight's meeting. firstly, all remarks and testimony shall be limited to matters related to city business. No participant shall make threats or use other forms of intimidation against any person of CD. Racial that that's and other speech and behavior that disrupts or otherwise impedes the ability to conduct the meeting are prohibited. participants are required to identify themselves, using the name they are commonly known by, and must display their whole name before being allowed to speak online. Currently, currently, we only allow audio testimony, and if you could as well as listing your name Nate, name your address, if possible. we are in a Zoom Webinar format for the most easiest way of public participation. When it comes to the point for

[4:02] public comments, we will let you know at that time, and down here at there is a little raise hand function. At that time, when we have public comment you can just click this, and I will call on you for the public comment. I do know that we have one person on the phone here tonight. so if you are interested in public comment at that time. all you have to do is Press Star 9, and you'll You raise your hand. and with that Mr. Chair. I'll leave it back to you. hey? Thank you, Devin. Very good. so now we'll we'll have Mr. While we give the presentation from the staff point of view. Okay, and let me just share my screen real quick. Okay. Everybody should see the presentation for the next item. This is docket number. The address is 2,300 and 5 Forest Avenue, and this is a setback variance as part of a proposal to construct a new second story partially covered rooftop deck, a top single-family house.

[5:06] The applicant is requesting a variance to the minimum side adjacent to street setback standards for a principal structure in the Rl. One zoning district. The resulting sidewest setback will be approximately 7.6 feet taken from the proposed deck railings, where 12 and a half feet is required, and we're approximately 7.6 feet taken from the existing attached garages. West face exists today. Section of the land use code to be modified. Section 971 boulder revised code, 1,981, and up there on the screen you see the location of the property as mentioned in the description. there is a side adjacent to street. That's the west or left set back along twenty-threerd. and that is what is being impacted by the variance request this evening. provided within the application materials. with an additional one provided this morning per devin's email. There were 4 letters Written letters of written support from the neighbors to the east and west, and the one that you received today.

[6:14] was the neighbor to the north at 2310 Glen woods. So we did receive 4 neighbor responses, and all 4 of those were in support of the item this evening. and these are the existing conditions. The again the West left set back is the one that the Board is talking about tonight. and the overall proposal or project is for a second story addition, or a pop-up to the house, and a part of that is for a in elevated rooftop deck above the existing garage, and you can see the garage right there in the driveway. It is a rear entry garage, so the driveway is off of 20 Third Street or the West

[7:02] Street. And then you see the all of those conditions on the survey provided to the right. And then this is just a street view corner of the existing conditions, and then i'll talk about this in a little bit here in a minute. But there is a a project to add a second story, including the partially covered deck and the images you see on the right with that yellow shading. That's where that second story addition is going to be added onto. So tonight, what the board is considering is a setback variance for a new, partially covered upper deck again. This is a side adjacent to Street West Setback. and it's the request is for approximately 7 point, 6 feet taken from the proposed railings, where 12 and a half feet is required, and 7.6 feet exists today. The blue shaded area is the area of the subject deck and the red line that you see on my exhibit that is, that 7

[8:01] point 6 feet where that is being taken from. and the reason this is a 12 and a half foot a requirement is because it is a side adjacent to street, so it's not an interior side which would otherwise require a 5 foot setback. This is a site adjacent to street, which requires a 12 and a half foot set back in Rl. One properties and the existing elevations of the existing house, the above image. It is worth noting that there is an approved designed via building, Permit Sd. 22, dash 0, 0, 3, 4, 9, and that middle image that you see on the exhibit, and this is also provided within the application materials. That is, the by right or meeting code proposal. The reason the applicant is in front of the board this evening is to see if they can have that deck area enlarged. The approved roof cover, and everything is to remain the same. It is just the decking, the actual railings extending out to along the west, directly above the west face of the garage.

[9:10] So tonight is specific to allowing that essentially larger deck area above the existing grudge, and all of that was detailed. pretty clearly, in my opinion, within the application that most of this has already been approved. But the request tonight is to allow that, I think roughly 4 to 5 foot extension of the proposed deck. and then this shows you some of the floor plans. The existing is on the left. You can see there the garage. the rear entry garage, and then on the right we have the existing lower level, which is the lower right image, and then we have the proposed upper level. And again I shaded the blue box that is the proposed deck area. and within that you see a purple dashed line. That's where that 12 and a half foot marker setback marker is being taken from.

[10:01] and a little bit in the way of the some zoning metrics it is zoned are all one. It it's an 85 74 square foot lot. where 7,000 would be the minimum. The existing a proposed building coverage Max allowed for this site is for is around 2,765 square feet. the proposed, and this includes the addition or anything. The proposed is not to be changed, because there is no additional building, coverage or expansion of the building footprint as a part of the overall project, let alone the variance within or in front of the board this evening, so there is no change in footprint, and the larger deck does not change the coverage, size or calculations. Is this seeing and proposed floor area? The Max for this lot would be around 3,815 square feet. including the addition, the second story addition the applicant homeowner is request, or is proposing around 2,070 square feet. This has already been approved

[11:00] through the building permit, and increasing the second story and larger deck does not change the floor area, because decks are not considered for area if they are open. such as this one. and then sideyard, wall, articulation and side yard bulk plane due to the design, and the scope of work are not impacted as a result of the the shifting of the railings for the decking and building height, the proposed, including the second story, is around 25 feet under the maximum, 35 fit allowance and then a little bit in the way of the history. The home was built circa 1,957, and as i'm sure you've noticed, the existing house sits within the garage sits within that 12 and a half foot set back. So it is currently a non-conforming due to setbacks. as it sits today. And the applicant is asking that they allow the or we allow the deck to be built directly above, and not set back from the existing west face of the garage. And the building permit is Everything else has already been reviewed and approved by the building permit. So

[12:08] if this pending the decision of the Board tonight, if this were to be approved, the applicant would still have to go back for revisions to the building permit. So that's still a step that needs or would need to occur. and within the application materials the applicant did respond to criterion. H. One and H 5 and All things considered, staff will be, or is recommending, support of the item, the variance item, as it has been presented within the application. We do recognize that there does appear to be a byright design solution. but it also comes down to the request of the variance and its impacts to surrounding properties, and when, considering the type of expansion from what was has already been approved, which is roughly a 4 to 5 foot bump to the west.

[13:01] it does not impact bulk playing sideyard well. Articulation visually. there is minimal change from what has already been approved. and Steph felt that this was a minor modification to make it a more functional space for the homeowners, as was detailed within the application; so that being said, staff is again recommending support of the application or the variance application, as it has been presented within the materials. and i'll leave it at that. If you have any other questions. I can definitely answer those here we go. It. Did anyone on the board have any questions of Robbie and Nikki? Yes. you're You're muted. Thanks. so, Robbie, I this is just about a curiosity. So i'm. So you mentioned that the garage currently exist in the set back. So

[14:01] if if this expansion, or if this expansion was not happening, then that would have been allowed, because the because the house is built for the code was created. So the only thing that's triggering this is the fact that they are. you know, popping the top and expanding. Is that correct? That's correct? And if you look at the diagrams of the proposal and what has already been approved through the permit. The addition is set back, and they designed the the new I call it a rooftop deck to meet that 12 and a half. That's why it's not directly above the garage. so what they're asking tonight is to build it directly above, which would be within that 12 and a half. So even if a house is within a setback nonconforming due to setbacks, any new development has to meet today's code. or else you need to seek a variance to allow, and that's why they're in front of us tonight. Thank you.

[15:01] Any other questions. I have a question you mentioned in your presentation. The number of approvals that that the project is already been through. Have those been building department approvals or the staff Level planning department? How does that break down. so usually a building permit happens after a bosa application. This is kind of reversed Once building permit approval was received, it was requested, I'm. Assuming requested by the homeowner for a larger deck. That's within the setback. So that's why they're in front of you tonight after already receiving full building permit approvals. So If this does get approved and that deck is to be enlarged. They would have to go back to the building, permit to get it revised. No. So the bill, the all the approvals I was talking about was the building permit approval which usually happens after Bosa Doesn't.

[16:02] That's why I was a little confused. But maybe that's not the only reason I was confused, but they wanted to change the design from what was approved. under that building permit. Okay. thank you. Any additional questions. Yes, Katie. I I was just gonna ask a question, and maybe maybe this isn't the right time. But just on that extra email from the neighbor on Glenwood that we got this afternoon. and I don't know if the the homeowner is gonna address that or if if we I I just wasn't quite clear on the issue that was brought up in the email. so the email I'm: assuming you're talking about the right of way and information. That is not a that's not even a zoning thing that's not a bosa thing. So I did direct the homeowner to the appropriate staff. Who can kind of tackle that question, or those comments so that was not pertinent to the variance application. So I didn't make a point to bring it up to the board. But I did direct them to the staff who could assist.

[17:11] Okay. Thanks. Great any additional questions. Okay, thank you, Romney. Much appreciate it as always. At this point we'd like to ask the applicant if they're available to make a presentation to the board. Could we work that one out, Devon? Yep. She just been promoted to panelists and she'll be here just a quick second. Well, Congratulations! Voter! Oh, hello! I am, Ellie, My head! I am the applicant. How are you? We're doing well, Ellie. it's good to have you here. Thank you again for the the presentation you put together. And

[18:00] at this point you've got 15 min to to make more of a presentation. Did you do? Could you do a big favor? And for the record? Give your name and address? My name is Ellie. My head and my address is 2350 ken would drive in boulder. Great. Thank you. It's just it's one of our wonderful formalities that we have to go through. and I don't have a presentation, because I always know that Robbie does a really thorough presentation, so I didn't wanna repeat what he just said. But I do. I want it to be here to answer any additional questions, and I can clarify the reason why we did the process backwards is because the client is having a baby in March, and so we didn't want to delay the permit the building permit so that the house can be ready for the baby, so I know it's a little awkward, but that that's the reason why we chose to

[19:02] this way. Some things are more important. So at this point. In time we'd probably like to have the the Board to ask you questions. Is anyone in the Board have any questions about? I guess not. Oh. okay. Well, then, we will thank you very much for your time, and we will go to public comments. Oh, Devin, do we have public commenters out there? Yeah. So I am still seeing one attendee in the queue here. So if you are interested in public comment, now would be the time if you could just raise your hand by chance. being that you on the phone, you can also go ahead and click Star 9. If you're interested It's very possible. That is the homeowner. She wanted to listen in. Okay, you

[20:02] so in the absence of public comment. we'll move on. thank you. Thank you and Elli for for your time. We're going to move on and go to discussion of the board anybody on the board would open discussion on this Vicki i'm just gonna say that i'm in in support of this application, and just something that we we've been saying very frequently. It's very nice to see the support from the neighbors. I like Y'all's form letter that you sent out explaining the project, and then having people sign it. I thought that was really nice. So it's always nice when neighbors can talk to each other. So thank you for providing that with your application as well. But i'm in support of this project. Great Great Katie! Any thoughts

[21:02] you're muted? no, i'm. I'm in support, too. It seems seems pretty straightforward, and you guys have done all the due diligence. And as Nicky said, getting neighbors buying, so i'm also in support. Okay, great. Thank you. Green. Yeah, I agree. I I think. especially having that building permit, approved. we know that. everything's in order, and it's just a a very small optimization of space that you are asking for so I think it makes sense to approve as well. Great, great. Thank you very much. I I agree with with you all, actually to your point that this is a small but optimized piece with space makes a lot of sense. It's probably more will be more used than anyone can imagine. I would say, I am in support, too, which basically

[22:03] gives us a a straw poll. is there a member out there that would like to make a motion for approval of this project for denial. I make a motion great. a second to do it. I need to formally like, say, the docket, number or no. Yeah. So I I make a motion to approve. Docket number do z 2, 0, 2, 2 0. My second sorry. My my is is dressing up, and it's cracking me up. Sorry! Oh, shall we all see or no? come on, come here! Oh, hold on! Let me! Usually we see pets. Well, you gotta move over there.

[23:00] Oh, wow! Pretty well. Great! She's asking if she can wear this to a formal wedding next summer. Moving on we. At this point we've got a the second, and so i'm going to go. Just do a roll. Call down to pull this one out. Nikki. Yay, your name? Yeah. Okay. Katie Reed and I both yay as well. Congratulations. Your project has moved through and is a pretty dissipated. So. Oh. thank you very much. Thank you all. So much. Is he? so at this point we don't have a whole lot of other substantial work to do other than okay. a few items that that might come up here. Well. so

[24:00] we look first. We're looking at an approval for the last month's meeting notes minutes. Actually, anybody have any concerns about those minutes. if you want to bring up. No. I wasn't there at the last meeting, so I'm. It's so exciting. Okay. Yeah. So thank you for giving me that chance to address that. I was curious on the exact minutes that you Mr. Joe, that you are discussing. I do not have the minutes from the last meetings Last month's meeting finished. but do anticipate them to be ready for next month's meeting. Okay. So at that point you'll be covering 2 meetings in the minutes. Correct. Okay. So that's what happened to the minutes. Here we go. so we'll put, you know, any corrections, or whatever ever off until next month to the next meeting.

[25:03] Are there other matters from the board. Anybody have any concerns. The only thing I can think of, I think. There, I think you got all of you, with the exception of me are. You have much more time on your time to serve board? they're looking for. If you know anyone who might want to serve on the board. They're looking for volunteers that we need to let the city know by. I think it's January thirtieth that they're interested. So if you know someone who that'd be great. I I think they're always looking for someone. Yeah, I forwarded the and I may know someone. So okay, good. Your daughter. Maybe she wouldn't have an opinion. so no other matters from the Board any matters from the city attorney. No, I don't have any good to see you all

[26:02] good to see you all. You may be out if you're in record time. Robbie, any any matters come up from your part of the world, or is there any changes we can look forward to? Maybe the next thing you had to bring up getting done in a record time. Didn't you? Now this won't Take long first off. Yes, please. Thank you for bringing that up. If you know of anybody who would be interested in Bozo or any of the boards forward information to them. Let them know. We always love to see applicants just applications in general. But yeah, Jack, I think your term ends in March, April. pending. If you decide to kind of apply again, that's your decision. But it's always nice to see new applications come in, and you know we'll see where that goes. So if you know of anybody, for then the information we'd love to see those. and then number 2 is I mentioned the AD you presentation marine. I don't know if you I don't think you were at that meeting, but we have somebody from staff want to present the new eightyu standards that are kind of about to make their way through Planning Board Council.

[27:10] Lisa is her name. She's a colleague of mine has offered to present at the February fourteenth meeting for Bosa. I also brought up that it might be good to do kind of an 80 standards, 101 crash course type thing for any members who would be interested. It sounded like there was some interest in that last time. So anticipate somebody. probably Lisa coming to the February fourteenth meeting. I also wanted to verify that people would be there, because it'd be nice if you know the whole board was there, just so we could have that presentation in it be presented to all 5 of the Board members. so if you could just kind of check your calendars out, let me know we're anticipating February fourteenth. Yesterday was the application deadline for the meeting, and I have yet to verify or get confirmation from our intake team. But we may not have any actual variance items. So

[28:07] it might be a good opportunity for us still to meet and dedicate that time just for the 80, you presentation. So stay tuned on all that. Just check your calendars. Let me know. i'll make sure, Jill also. No, she's in Germany right now, so i'll make sure she's aware that that's what we're hoping to do. So that's all from me at this point. That is Valentine's day. I know I was gonna I forgot, and it's Valentine's day, so we'd love to see you at the meeting. But, if you have other plans, just let us know. Like always okay the airport members have just off the top of your head questions about a to use it's it's been kind of a moving target for a while So any questions, anything specific that you might want to have addressed, and be good to think about.

[29:00] check. I don't have a question on any use but, Robbie, I just want some clarification. So are we going to get a one an 81 on one presentation before the February fourteenth? Because. Maureen, I know you weren't at the meeting, but the concern that I have was. I didn't really know much about what the history of the Edu issue was before the staff made a presentation about what they were going to do to change it. So are we thinking of everything happening on February fourteenth? Are we still? So I guess my question is. what's the utility of that like if I if i'm sitting in an hour meeting, and i'm getting kind of the 80 year, one on 1, 30 min before I get the presentation about all the things that are going to change. I understand timing and people's schedules are very busy. I just want to make sure that if people are asking us to do something or asking our opinions of something, I just want to make sure that I

[30:01] I have ample time to to just digest the information before, I say. and confused or yes or no. we'll still have to post this meeting. It's going to be, I'm. Assuming open to the public. But this information that Lisa will ultimately provide will be given to you a week prior, just like any other. Those items. So you'll have a week to kind of see what is to come. Hmm. It in your opinion. But how many projects come through Bosa that are related somehow to an AD you? Maybe not directly, but maybe even indirectly. I mean, is it half the projects you think? Or do you think it's more? Oh, it's less than half. I just provide at least a few months ago with those stats from like 5 years on, and I don't have it in front of me right now. But it's Usually it's been at least the last few years, especially since the last round of updates. It's been usually a few a year, and usually that is size variances for eighties, which is really the only thing specific to a to use that the board can consider. So.

[31:17] Typically, it's 2 to 3 a year. It's been that way for the past few years, and 2 to 3 is a minimum portion of the usually 20 to 25 that the board sees, and then we also see roughly about 20 to 25 administrative level variances. So 80 use tend not to be one of the bigger bosa items, but it has kicked up a bit in the last few years. and sorry, Bobby, I don't. I'm not trying to. Just we didn't. We just broke the record, and then we lost it. It's my fault. You all can blame me at the end of the day. but, Robbie, I just want to. I'm not trying to blame for the point, but I just want to make sure that I have all the information. So what we' about be provided. Is it, Lisa?

[32:04] Will we be provide at least this entire presentation a week before, so that we can digest the entire presentation a week before. That is what I am under the impression of is it's going to be a presentation of the evaluation that they just conducted. and we will post that on the website for you and anybody else a week prior. just like any other bos of packets. So you should have what you are going to be presented with for that 7 days? And will that also include the 80 you one on the the historical information. So for me, having an understanding of the history before I see the presentation will help it. Put it in context for me.

[33:03] You're welcome. Okay, Thank you, Robbie. this point. Unless there is some additional information or additional input. I will adjourn the meeting. Thank you all very much. This is, you guys are great. and I watch out. Watch out for your Valentine's day plans. Robbie.