November 14, 2023 — Board of Zoning Adjustment Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] There we go. Thank you, Amanda. This is a meeting of the Board of Zoning Adjustment. Tonight we have one item. and on this item staff will present first and the applicant second. Then the public will be invited to comment, and then the Board will discuss before I review the voting rules. We have some rules of decorum that Amanda will go over. Yeah, thank you. Everybody for joining let me just share my screen here. Oh, am I sharing the right one? There we are. Okay. hello. Sorry. Lost my mouse there. Okay, so for our roles of decorum for this meeting. The city has engaged with community members to Co. Create a vision for productive, meaningful, and inclusive civic conversations. This vision supports physical and emotional safety for community members, staff and board and commission members as well as democracy. For people of all ages, identities lived experiences and political perspectives. For more information about this vision and the community engagement processes, you can visit our website.

[1:15] And the following are examples of our roles of decorum found in the Boulder Revised Code and other guidelines that support this vision. These will be upheld. During this meeting 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. Obscenity, racial epithets, 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 the individuals must display their whole name before being allowed to speak online. Currently, only audio testimony is permitted online in this platform. We're in the Zoom Webinar platform. So when we get to the portion of the meeting where, public testimony is, and the public are allowed to speak. You may use the raise hand function

[2:14] and when it is your turn to to speak I will allow you to do so so that you can unmute I don't see anybody on the phone with us. If you're on a PC, you can also use Alt Y, or option y for Mac. and then this is just another little graphic to kind of show you where you can hover over the reactions button to use that raise hand feature. And that's it. Thank you, Amanda. So on each matter. An affirmative vote of 3 or more board members shall result in passage of the motion. An applicant cannot be approved with less than 3 affirmative votes.

[3:01] If the first vote taken on a motion to approve or deny an application, results on a tie, 2 to 2, the applicant shall be allowed a rehearing a tie vote on any subsequent motion to approve or deny, shall result in defeat of the motion. In denial of the application. A vote of 2 to one, or one to 2 on a motion, shall in all respect be considered to be a tie so. and I don't have this up, so somebody fill me in on the case number. So I'm gonna now call up vo z boza. Case 2023, dash 0 0 0 1, 2. Thank you very much. And the address of this just don't happen. Thank you, Robbie, and it's I think over to you. Okay. again, this is docket number. The address is 135 Thirty-first Street, and this is a parking in the front yard setback variants

[4:05] as part of a proposal to recognize and establish a single off street, parking space on an existing driveway with access off 30 First Street. The applicant is requesting a variance to the front yard landscape setback standards for conforming parking in the zoning district. The subject 9 foot wide by 19 foot deep. Parking space will be located approximately 10 feet from the East front property line, where 25 feet is required and no conforming or recognized parking exists at this location today. Section of the land use code to be modified. Section 9, 7, one. Boulder revised Code 1981. And let me share my screen. Okay, you should be seeing the presentation now again, the property is 135 30 First Street. It also goes by 135 South 30 First Street. Rgis has it both ways, but they are both the same address. So just wanted to clarify that since it was referenced both

[5:11] in the application in this presentation. but within the application materials. There were a total of 15 neighbor sign offs for written support. I believe, 11 or 12 of those 15 I have up there on the map. The others were just north and off the screen of my location, Matt, but they are all on Thirty-first Street, and all of those names were provided within the application. and again, the property is zoned. RL. One. And what you're considering tonight is a setback variance to allow parking in the front yard. Landscape setback! There we go. This gives you an aerial view of the property, and the lower right is the survey. Information taken from the survey. You can see that the house as it exists today. Is about 30 feet from the East property line, and that will come in

[6:08] When I talk about the proposed dimensions the setbacks here in a few minutes. So tonight you're again considering a setback variance to allow parking the city does require a single family house such as this to provide at least one conforming off street parking space that is not within the front yard landscape setback. and the code also permits someone to move forward with a parking variance to allow it in the front yard setback. If the request is specific to a prior garage conversion. So a house that had a garage at a previous date prior to 2,005 we do have specific, the 9, 2, 3 j. Criteria, just for those. And this property does fall into that category as we'll go through here and here in a minute. But the request tonight is to permit or recognize and establish a single off street parking space on the existing driveway

[7:10] and the backside of that parking space will be approximately 10 feet from the east or the front property line, and there on the screen, you can see the green line is that 25 foot front yard marker? The red box is the subject 9 by 19 parking space that the board is considering tonight, and I kind of put a thicker blue line at the back end. That's where that 10 foot markers being taken from. So the proposed space is on the existing driveway tonight, and there is currently no existing recognized parking, because at a prior date the one car attached garage was converted to living space. as was detailed within the application. And this gives you, I believe this is a 2019 view of the existing site conditions. But they really haven't changed since 2019. So this gives you an idea of what? The existing driveway and the former garage now living space that you can see the 2 French stores. That used to be a garage door.

[8:19] but was converted sometime just after 2,000, and this gives you an idea of the proposal. So the proposal is to convert what? I believe to be more of a guest room space and a laundry area and convert it to a guest room space and 3 quarter bathroom and laundry area, and the applicant provided all of those details and can go into more detail. Should you want them to once they are up. and there's really not a whole lot of zoning metrics, solar Access building heights, side yard, wall, articulation, bulk, plane. None of those come into play when it comes to establishing a parking space.

[9:00] The allot is around 8,100 square feet. So it's not a substandard size a lot, but it's still it still does need that one parking space as the code requires little bit of in the way of the history. The house was built circa 1955. It is there was a single car attached garage converted without a city permit, possibly in the early 2,000 prior to the current owners taking ownership of this property, and they took ownership in May of 2,005, and there is there is belief that it was done just before that around maybe 2,003, or around that time. But we don't have any permit records on that garage conversion. But it was done prior to the current ownership. and then a setback variance, again, is needed to establish that conforming parking within the 25 foot front yard setback, which is what is in front of you tonight.

[10:00] So again, the setback, the review criteria that the Board is considering tonight is 9, 2, 3 j. Hopefully, the board members here tonight, we're able to look through those specific criteria. There are only 7 of them versus the typical 8 that you're used to. And I can go through these one by one, if you'd like. I know you've had some of these in the past. But based on Criterion j. One through 7 staff will be recommending support of the application as it has been presented. It met the criteria for using 9, 2, 3 j. Which is mostly 1, 2, and 3 of the criteria. and then the other criteria staff does feel are appropriate, and have been met by the applicant, especially because converting it back to a use that has not been a use for around 20 years. would likely prove to be an economic hardship for the applicant, and they are simply wanting to established formally parking, and the driveway that has been used as parking

[11:10] in the past, and to maintain the use of the former garage. As it's been used for the past 20 years, and there is an active building. Permit application to renovate to provide renovations. As the floor plan shows. That cannot be approved until a variance approval has been granted for the parking, were were it to be approved. So with that I can go into these in more detail or any other information. If the board needs but I will leave it at that, and I do know that we have both applicants here tonight. If you have any questions for them, so I'll leave it at that. Thank you. Thank you, Robbie. Does any member of the board have questions for staff. Katie?

[12:00] Oh, I can't hear you unmute yourself. is, do they have permission, Amanda, to unmute because yes, she should. Oh, let's see. cause that's what I ran into. I didn't have any control. I think that that because she's not. There's some kind of a control issue. Is that right, Katie? Nod your head. If you can't unmute yourself. Yeah, she can't unmute. Change her microphone like the the mute button down in the corner. There's an arrow there, and then it lets you select a microphone, and I know this happens to me a lot on Zoom, where it automatically changes my microphone to something that isn't actually honoring. You hear her, Katie? It's the up arrow next to the mute button on the bottom left corner of the zoom screen.

[13:07] It should be using your built in mic. And if anything, if it's a question you can type out or you can call in on the phone or you can call in, yeah. what do you wanna do? You're gonna type it. Okay? And it goes into the Qa right, because the chat doesn't work either. Right? Okay. Everyone as a panelist actually should have access to the chat. I again, I didn't have chat when I came in. I can see if there's chat now. Yeah, the chat does work for me now, but if she can't get there it may be a permissions issue. Did you find chat. Katie? Okay, she's got chat. Okay. My dogs are sitting here going. We have not had a walk yet. What is the problem?

[14:02] That's and while we're waiting on that, were there any other questions from the board. I don't have any questions either. It's just the 3 of us, then. Is that right, Robbie? 3 of us are the quorum. You've you've got 4 here tonight. Marie, Katie, and you. I can't see Marie. I'm here. You are okay. It's that gallery view. Let me switch my view. Last time I saw her we were making cider because of the building. Oh, sorry. Just a question how this came to light because of the building permit needed for the renovations question mark, and that is exactly what it was. It was recognized at building permit intake that the

[15:03] garage conversion was not done through a permit the city didn't recognize, and this was done 20 plus years ago. So in order to move forward with any project, including this renovation, they have to meet their parking. There's many, many of them down there. So this this comes up. This is almost Martin acres. Not quite Martin acres, but a lot of these properties are down there. So any other questions for staff. So if not the applicant, I think, is here. And it is the applicant's opportunity, to present to the Board. Hello, everybody. I didn't know, if anybody had any questions I don't plan on presenting, but if anyone had any questions for us, my husband is on the line, and so am I, so available to answer any questions. Should you have them?

[16:07] Thank you. We appreciate that. Does anyone have any questions for the applicant? Okay, okay. So we'll go back into the land of you can stay there because the question could come up. So I think it's okay to stay. we have a citizen, comment, Amanda. There's nobody we have no other participants. Okay, so at this point the public hearing is closed. and there's since there's no other public comment, then it's open to the board for discussion. Is there board discussion sometimes when they're this straightforward? We don't have a lot, and I get the sense. This is one of those in reading, in reading the criteria, I feel like it's pretty straightforward. They do satisfy all of the

[17:03] items. So I don't know that we there's much to discuss. Yeah, it's just good that you say it. I think it's helpful, Maureen. Thank you. Ii concur. And so at this point the only thing I want to do is if if there's anybody who's in the nay column, we'd like to talk about it. But if everyone is on a straw Poll, leaning towards approving this. I I'll we can go ahead and entertain a motion. So I I'm certainly in favor. So myself. So yeah. so it looks like we need a motion, and since Katie can't talk, we're not gonna ask. I move, so I'll do it. I'll move to approve rosa docket number 2023, 12. Dash 12. Yeah. I second. thank you. All those in favor, and I'll go round in order how you pair on my screen. So

[18:00] in this case, Amanda, we can't get a verbal from Katie. but Katie's raising her hand. So I'm going as a chair. Acknowledge that that is an eye or consensus vote marine. Yes, Hi. Nikki, and I'm and I. So at this point with unanimous approval of your request and wish you the best in your building permit process. Thank you. Bye. thank you. Everybody. Good to see you, too, Elizabeth. Hi! Nice to see you, Amanda and Nikki. I recognize you from the city as well. I used to work at the city. I just wanna say a special thank you to Robbie because he was fantastic. He walked us through the whole process super responsive, very friendly, really. Help set us up for success. So I just wanna do a call out for Robbie's service. It was excellent. Thank you, Robbie. Thank you. Thank you. Alright. We're gonna move on because we are done with our our slate. You guys can leave as you wish.

[19:04] So III knew it was gonna be a fairly short meeting with my guess. so they the application is approved is submitted. and we can move on. So we have minutes to approve. I think I read through. Did anybody see any concerns about minutes? I thought they were pretty straightforward. So can we have a motion to approve the minutes, please. Nikki, I was absent. So I'm not. Gonna I think Nicky would have to do it right. Okay, motion to approve the minutes. I'll second the motion, and then. Hi for me. Katie. I raised hand. Maureen was absent. So are you, gonna Nicky, I okay. So the the minutes have been approved. and then. do you have any matters from the board? Can we just talk about the request. I don't know if it's actually a matter of the board, or if it should be per personal

[20:08] issue. But that request to request. I guess that it's a request to request that the parking requirements don't apply or so I back chatted with Erin and Robbie because I was a little offended that somebody who's on a committee would reach out to us. And basically, what is essentially our personal capacity cause. There's a board. We have nothing to do with this, it's nothing to do with it. And so the response that I got from legal and from Robbie was, Well, they don't have any other way to reach you. And I'm not faulting, you guys, I'm just saying that there was some logic to it. But I, personally still think it was inappropriate. So that's my personal professional opinion is that they can find me without any problem. Because our emails are listed.

[21:05] So I guess I would be back to you guys, Robbie and Erin, too. because II just think it's weird. And now Maureen is kind of saying the same thing, and it's like asking both it to do something that we just can't do it. It's very unusual. And II did my own back conversations to find out why this happened. and one of the things that's different about Tab than Boza is that they are an advisory board, so they are not always staffed with an attorney. So I think this kind of self generated from a meeting. It was something that they voted on. So it was official action by the board. So I think our our general legal opinion is that it doesn't violate any sort of code of conduct.

[22:01] It might not feel good. And you you can certainly call into questions of professionalism of it, but it doesn't violate any city policy. And at least they acknowledge that it's not something that you as a board, have authority or jurisdiction over but in your personal capacity. if this is a topic that interests you, you are always welcome, like you would be on any issue. To speak out. a. As a member of the city, a member of the public. apart from your you know your collective identity is the Board of Zoning adjustment. I feel like what would be most helpful cause. II mean, they sent a second inquiry. I mean? It wasn't enough to ignore the inquiry. Then they sent another inquiry, so that I was like, I started to write something. and again I felt like, okay. I don't work on the board in my capacity as an attorney.

[23:03] I don't know what to say here. That doesn't sound rude. so I didn't say anything which sometimes you know, that is the I mean. That's a form of passive resistance. But I think, as a board topically, if we wanna say something like, we appreciate that you into were interested in our input. If you want to reach out to us on in in our individual capacity, please do so. Maybe that would have been a more appropriate response. Let me at least say something. so because it sounds like nobody really told them. Why we weren't responding. Is that right, Erin? As far as I know, that's correct. I think they reached out to several boards all the members on those boards. I would say, if it is something you're interested in, then it's up to you. If you want to provide a personal email to open up a dialogue with it? And if if not, you're free to ignore it. So my question is, what do you guys want to do.

[24:05] Umhm Nikki? I I'm leaning on addressing it. I II also spoke to Erin about this when it came out. Because I wanted to understand. And. Erin, I'm really not understanding how it doesn't violate any type of codes. And I guess that's where that's where I'm getting stuck in terms of this is completely okay. Because then I'm like. Well, then, like, how do you respond? Then, if if they didn't do it, they really didn't do anything wrong, and is and is the issue with the way that they communicate? Or is the issue with that? This is okay, that anyone can communicate in this manner. Right? Right? I mean, we've seen other just general emails come into Bosa. And when it's item specific.

[25:03] Robbie kind of heads those up and routes them into the proper channels with something like this where they're trying to communicate to you as individuals. you know we don't really. I don't think we've ever policed, as far as like could determine using a you know, a public email address like, really, anyone could anyone could reach out to you with the Bosa email? right? But we, you would respond. You see, if anyone reached out to us in general. they're kind of reach out to us, either inappropriately, like certain members of the public do, which case it would go to you. and or they're gonna reach out like we often get, hey? Just a minute. What should we do next? And Robbie heads those off at the pass. And I think in this case II feel like, if it's within our purview, why don't we just make a simple statement? Thank you for reaching out to us

[26:03] reaching out to the board members as a collective board, for topic like this is not, is not, either is not appropriate or is not something we're going to entertain. However. maybe something along those lines in that. If you wish to contact individual board members in their individual capacity. You'll need to conduct their research to find their emails. I mean, it would take you 30 s to get 3 emails for me online. So. Oh, if you, if you'd like to do that, you're certainly welcome to the attorney who supports Tab has discussed the issue with that person. So I think they are aware of general concerns about it that did not stop them from sending out the second email, though. Okay, so I would like, if you want me to draft something and send it to Erin. And you guys, you know, you know how we have to do it. We can't meet outside of this context, and I'm not in a

[27:03] headframe to write thing now. I think it's 2 sentences. so I should be able to write it now, but it depends on whether we want to use our time that way, or whether you wanted me to do a draft and then send it Erin or Amanda. She can send it out to you guys. And you can give your individual input. We come together. What do you think? I have one head. Not from Nikki. But what does that mean? I'm I'm okay with you, Jill, drafting something, sending it to Erin and or Amanda, and then me voting as voting through email or not voting, I guess, but giving it, commenting through. Yeah, yeah. Critique comment. Change it whatever you recommend. Okay, thanks, Kate. And then we'll have a statement, and even though it will go out late, I mean the messages we're not responding. But I'd love to get a feel for like, what do you think is the right approach? Is the approach. Thank you for contacting the board. The Board has a policy of not responding to individual inquiries.

[28:10] Or is it that? Well, I think I can say, please please use personal email addresses if you're asking for board members, personal opinions. Yeah, II like that approach as well. And again, same for me. They can find my email address very easily. What's going on here? II don't feel comfortable addressing it. It wasn't a conversation I had. Understand. Thank you.

[29:00] Okay, so I'll I'll work something up. Thank you. Thank you for bringing it up, Nikki, cause I probably would have forgotten it was Marie. You brought it up. Oh, Marie, sorry I'm on the other side of my screen. Maureen, thank you for bringing it up, cause it was on my mind. But my mind is very full these days. So, Austin. Nice anything else from the board right now? Do we have any items in for the December meeting? Are we ready for staff matters one? I just wanna touch on on the Bosa website right now, we actually do tell people contacting the board, and we have a only contact. The board for this. If other than that do this, we actually already provide that

[30:04] whether or not people see it, you know there's only so much we can do, but we do make it clear what the Board should and should not be contacted for and we can always update and modify to make it more, reader friendly as needed. But I just wanted to throw that out there that we do tell people what the email should be used for. Sometimes they just don't read it. Include that reference, that link in the in the letter? So that we just have a response, because this will come up again. And we can say, just check the website for instructions on what matters are appropriate to bring to the board. And we can. We can deal with it that way. Okay. And one other thing yesterday was the application deadline. I don't have anything final to say today, we actually just started a new application process for both applications through our customer self service portal.

[31:01] the application form was slightly modified, and we actually took a lot of information and created a a handout for applicants that are also all on the Boza, a website. So I am actively going through what if anything, was submitted yesterday? So I will send an email out, probably by the end of the week regarding the December meeting. Thank you, Rami, that's it. Erin. Do you have anything, cause I didn't ask you if you had anything? No, I hope everyone has a wonderful thanksgiving. And, Katie, I feel your pain with the microphone because my zoom does weird things like that sometimes, too. cause we still can't hear you. You'll want to run an update on Zoom, too, to just make sure it's updated. But I did want to give you a positive feedback Robbie. Also, since we're getting kudos so and you, and not just you. But you may recall, I was asked, tasked with the responsibility of interviewing for the new planned event.

[32:11] planning and Development Director Brad and I haven't seen him since the interview. That's when I got Covid the last time Aaron Brockett and I got Covid together from that interview process. and at least my husband says I'm saying that, but I really believe it. Anyway. I wanted to know that the inquire boulder I've had to submit some questions, and, as has a real estate broker friend of mine and an architect recently. and instead of waiting for weeks and weeks and weeks, I literally got a response. In 24 h they are improving. And I saw Brad at a Boulder Area Rental Housing Association meeting. and he was speaking. and I told him. Thank you and said it. It, he said. They're still working on it. And there's changes happening. But I think it's wonderful that it's being addressed, and that we're coming out of Covid to some extent. So

[33:07] and same for pothole fixing. They fix potholes really quickly. It's actually pretty cool. I guess I should look in. Which does anybody have travel plans that we need to talk about. Yeah, I just wanted to mention I won't be at the January meeting if there is one that would be January ninth flying back from Costa Rica that day. So yeah, I think I'll be here. But I'm out of town some. And but II think we're okay with that. Those dates for me, too. So I the ninth of April, may be more. I may not be around. We'll see.

[34:04] Okay, well, thank you, everybody, Katie. Good luck. Alright! Well, the meeting is adjourned. Happy thanksgiving! Happy thanksgiving! Everyone! Bye, bye.