June 11, 2024 — Board of Zoning Adjustment Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] Aye. so are you ready to start the meeting? That's why you started the recording. I can go ahead. If you guys aren't ready, we can stop and restart it. But yeah, we all are here now, so we can start whenever you guys are ready. Okay. And what I wanted to say is, I just sent over to Robbie and Thomas the document, which is the updated how to run a meeting minutes. zoom are Google. It's it's in a Google Doc. Drive, Doc. But I send it over as a word, Doc, as well. It's giving a message that it won't let me share with you guys. And that may be that your email addresses are restricted from Gmail. So I think, Thomas, you may have to redistribute that document out to whomever it sounds like we we well, I don't. We have to vote on the chair is that at the beginning or the end of the meeting, so I will get all this in order business. But

[1:02] I need to know these things. We should probably vote on chair and vice chair at the end of the meeting that way. Someone's not caught off guard. And Erin, if you wanna. That that I was gonna suggest that, too. But of of course, whatever the Board prefers. Okay. So first, st I'll call meeting to order, and we can figure out what we wanna do as a board, then. So this is a meeting of the board is owning adjustment tonight we have one item. so on. Each item staff will present 1st and applicant second. and then the public will be invited to comment. Following that the Board will discuss now. Before I review any voting rules, we have some meeting rules that have to be addressed by Thomas, who will read those through, and I'd like to ask 1st board. Do you want to vote for the chairperson at the end? When we're finished.

[2:00] I have Drew. Yeah, everybody's nodding their heads. Okay, great. So I'll leave this meeting, and then we'll see what happens. So Thomas, here. Alright! Just one moment. Let me pull up this these slides. Can you all see this? Alright? So 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. Please visit our website. The following are examples of rules of decorum found in the Boulder device code, and any and other guidelines that support this vision. These will be upheld during the meeting.

[3:07] 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 disrupt or otherwise impede the ability to conduct the meeting are prohibited. participants are required to identify themselves, using the name they are commonly known by, and individuals must display their whole name before being allowed to speak online. Currently, only audio testimony is permitted online. when given the opportunity to speak, hover your mouse or finger over the bottom section of your screen or phone for the control panel to show and then click, raise hand. If you don't see the hand raise option. It might be under this reaction bar right here, and that's another opportunity to go in and raise your hand, and then we will call on you and give you permission to speak. Thank you.

[4:04] Thank you very much. So let's see, I have the link open here, so just need to pull up the number. So of course, as soon as I'm looking for it, it disappears. So second, here. Okay, so the 1st matter this evening is BOZ. Boza. 2 0, 2, 4, dash. 0, 0, 0, 5. Address, 8, 80. Gaper road done. Okay, I will go ahead and share my screen.

[5:01] Okay? And you should see the presentation on the board right now again. this is docket number Boz 2, 0, 2, 4, dash 0, 0 0 0 5, and the address is 8 80 Gapta road. This is a setback variance as part of a proposal for the addition of an attached car port to the site of the existing home. The applicant is requesting a variance to the interior side. North setback standards for a principal structure in the R. 2 zoning district. the resulting north interior side setback taken from the subject. Carport addition will be approximately 2 feet where 10 feet is required, and we're approximately 18 feet. Taken from the north extent of the home 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. It is again zoned RR. 2, and within the application materials there were 3 letters of support from surrounding properties. Those 3 properties I have denoted on the map, on the screen with the 3 stars. Those are the property to the north and the 2 properties to the west of the applicants property.

[6:23] And this kind of shows you some existing site. Conditions circled there, and the red circles on both the survey and the aerial view is the location of the subject. Harpport, that the Board is considering tonight as a part of the variance application. And this just gives you an idea of some Street view and pictures provided within the application of the property, and especially the location on the property where the subject Carport will be located. So tonight. It's a pretty straightforward, simple request.

[7:00] It is again a setback variance to the side north yard, and that's for an approximately 2 feet from the addition of the car port, where 10 feet is required and approximately 18.5 feet exists today. The 2 feet is taken from the support columns of the car port. and that 18.5 feet that exists today is taken from the closest point of the existing home, and you can see that kind of under one of the lines there on the image, the lower image. So the request tonight again, is for 2 feet, where 10 feet is required, and 10 feet is the minimum set. Interior side yard setback requirement for homes in the R 2 zoning district. And this just gives you an idea of some dimensional or dimensions of the a subject car, port there was mention of it being possibly metal, it being possibly wood. Because Bose is not a design board. The change between the 2 would not necessarily impact Staff's evaluation, and it also would not impact the location. It would still be at 2 feet. But

[8:10] whether or not it's wood versus metal, is was not important in Staff's decision. And that is something that the applicant could decide at building permit. But the location, the dimensions, the height, and especially the 2 foot distance from the north property line are all gonna remain the same, regardless of the ultimate materials. And this just gives you an idea of some architectural drawings, some renderings of the subject, Carport. There you can see the support columns where that 2 foot setback is being taken compared to the fence which separates the property to the north, and this property. and then a little more in the way of zoning information. Again, it is zoned. Rr. 2. The allot size is about 42,000, just over 42,000 square feet, where 30,000 square feet is the minimum for the zoning district. R. 2 does permit and support larger areas for properties

[9:09] in the existing and proposed building coverage because Carport, the addition of a car port, would be considered an increase in building coverage we had to verify that it would not be an issue. The maximum allowed building coverage for this property is around 8,415 square feet with the subject. Carport, the proposed building coverage. would come in at around 3,487 square feet. So, under half of what the maximum allowed is for the property. This, of course, would be verified at building permit. Once it came in, and pending tonight's decision from the board and car ports. Open car ports like this are not considered floor areas, so there would be no increase in floor area to the property. As a result of this car port. It is located in solar axis area one, and due to the height

[10:02] and the location of the subject. Carport there is no violation from solar axis, and that would also be verified at building permit, and then also due to the size and location there is no sideyard wall articulation or side yard bulk plane issues. That Staff could find. and then the height existing and proposed it comes in at around 23 feet. That's the entire house. The actual car port is not modifying the structural low point. and it is well below the maximum height of the existing house. I believe it comes in at around 10 feet is where the car port comes in at. So it's well below the maximum allowance, so height that would not be an issue and a little bit in the way of history. The home was built circuit 1957, and up until recently, a little more than 10 years ago. It was not even in the city of Boulder City limits. It was annexed into the city. Just after 2010,

[11:02] so that likely results in some non typical standards design standards. When it comes to placement of homes. The county does have different setback requirements than the city, but it was annexed into the city, so any new addition would require it to meet the city of boulders set back standards. So that is why the applicant is in front of the board tonight to get the sideyard varied. so at responded to in the application. The applicant did respond to criterion H. One and H. 5, and provided some pictures and response and justification as to why they felt they met. Staff does agree with the applicant's conclusion, and, in short, Staff is recommending support and approval of the variance request as it has been presented within the application. We feel that it does meet criterion H. One a both I and I I.

[12:05] Physical circumstances or conditions. This property is due to topographic conditions, and there being a a ditch or drainage system on the south side of the property. The house is somewhat shoved to the northwest corner of the property. and putting a car port over an existing driveway, seems logical and functional versus putting it on a side of the house where there is no driveway or a new driveway would have to be built. So we feel, feel that there are physical circumstances or conditions limiting development, or by right development of this property. And because of these circumstances, a car port cannot be built over an existing driveway. and then also we did receive letters of support. From neighbors. Voicing that they would have no concern with this, so we do feel that it would not alter negatively alter the essential character of the neighborhood or district, or impair reasonable use and enjoyment from neighboring properties. The neighbor to the north, who would be most impacted by this is one of the 3 letters of support that you did receive within the application.

[13:14] and then already mentioned, would not conflict with the solar access regulations and given the need for the car port as explained within the application. Staff does agree that this would be a minimum bearings to afford relief for the property owner. So with that I can answer any questions I know we do have the applicant here in waiting who can also answer any questions, and I will leave it at that. Thank you, Robbie. So board members maybe raise a hand. If you have a question and I'll call you I I definitely have a question. So no one else is ready. Okay. so, Robbie. Nowhere in the application did the applicant mention a ditch.

[14:05] So when I looked at this and I saw a 42,000 square foot lot I was like. surely we can do something better than this. So I guess. Where is the ditch? Can you show that to us? Is it on the It is on the aerial, and it's and there is a, and the applicant may actually have more information on this, but it appears it is a drainage easement of some sort, and let me share my screen again and see there we go. If you can see this right here, this whole area. Right here is a drainage system. and this is to the south of the. And this is the house. So this whole area right here has a drainage system. Okay? So that's part of the ditch. I don't know if it's a ditch the applicant. The homeowner may be able to provide more in the way of what exactly it is, but there is drainage, the drainage system to the south, pretty much entirely to the south of the property

[15:11] or to the house. Okay. Any other board members have question for Robbie. But this has been, just a question about looking at the Alta Survey or Improvement survey plat improvement location certificate. My apologies. It also shows a Leach field to the east, it appears, is that part of that drain system, or is that a separate constraint. If you're talking, that appears to be I don't know if it's directly related to it, but there is also right here. I don't know if you can see my cursor, but this is what you're talking about. I believe. Yup! So that is also something that would prevent any development from the city. We would not want somebody developing on something like that.

[16:08] Thank you. Anyone else. Okay? So if in that case, I think we're finished with questions for staff, and it's time for the applicant to present. So Are you prepared? I I see 2 people in the room, so I don't know. Thomas, you probably know who's ready to speak. Well, I'm the applicant. My name is Victor Sauma. Thank you for hooking up with this case. No, quite frankly, public bit of presentation. My understanding that they could rely mostly of the presentation of the staff. But I'm here to answer any questions that you might have. Can. Can you just explain your address, please, for the.

[17:01] 8, 8, 8, 8, 0. Get the road. Thank you. So board. Do you have comments, questions. I guess, along the lines of what Jill was asking about that drainage system to the south of your house. Yeah, what is it for? And and why is it not on the survey. Okay about following the 2013 flood. I bought the house subsequently this house was flooded entirely. and so I had a hydrologist. and he advised me that there should be a ditch away from the neighbor line, about 3 feet deep. filled with stones to capture the water and drain it to the East Side. which is what I did. Thank you. Thanks.

[18:02] and was the survey done before that was added. No, just so. People don't wanna build the house quite frankly. Okay. And as a row get mentioned, I mean, had we tried to place a parking spot over there. I was still had to build a walkway which will be at least 30 feet from it, and it would be a much bigger structure. It'd be more invisible overall visually right now, what I'm planning to do is just above an existing spot will be part of our cars. Nikki. Nothing. Okay. Nope.

[19:02] anyone else? Okay. Well, thank you for answering the questions from the board. art. Next question is whether or not. We have anyone here from the public. Anyway, I see one other person in here, but they may be. I don't know Thomas. We don't have any attendees. and here that are not panelists, which is just us, and the applicant. Okay. so we will not have any public comments. So I'm closing the public hearing. and it's open to the board for discussion. So ideally, you know, we start. You guys start the conversation. So who's ready? Drew. Sure I guess. Personally

[20:00] But I wouldn't. I feel that it meets the criteria specifically, actually, the h, the a, 2. The physical visibility. a. Yeah. Understand that it. It is very difficult to just shovel that snow especially. It's north facing in the shadow. Where it'd be the logical place to park the car. and so using that criteria and and the additional criteria, I do think it meets. So. Given that I would be in support. Thank you. Yeah, this has been. I I agree with with Drew. And with the staff analysis. it seems like this application meets the criteria. Thank you. It's nice if everybody so thank you, Nikki.

[21:02] I also agree that it meets the criteria. I think that the what I'd like to add to to my comment as well is I'm always interested in our residents, our boulder residents being able to age in their homes and looking at that second criteria in terms of physical disability, and having the the homeowner be able to access their property in a way that is is safe for them. Is very important to me, and just, you know. having our residents be able to stay in in Boulder is very, very important to me as well. However, it does meet. In my opinion it does meet all of the criteria, and so I would be in favor of voting for this variance. And, Katie. you're muted well, it looks like you're not muted.

[22:00] Okay, no. I raise my hand just to comment on Nick's comments. Because, yes, I've been living in board of 1984. I've been a faculty at you from which a primary thought after 40 years of teaching. I didn't. This is my last place, but I'll try to depends on that chapter, for my life. Katie, you wanna try again and see. Yeah, I think we had this happen one other time. is there anything on our end? Or is it on her end. What's helped me sometimes is going into where you see the mute button. and picking a different microphone with that little up arrow. Cause I I've had my my microphone reset on me, and when I click that, then there's a drop up menu where you can select a microphone which doesn't look like it's helping.

[23:01] Did you have to call in last time? No, it worked okay. Alright. because mine just says. ask to unmute right now. does that make do anything for you is, it does appear that you're muted. We can't hear you. Can she chat. I would maybe recommend leaving and rejoining the meeting. But yeah, I would try that first.st Okay. Hear me. There you are! Yes, you can. Yeah. i i i Erin. I tried that, you know. I tried it again. I switched again. It worked I was. I was merely gonna add that I'm familiar with that road cause I sometimes will run out that way, and I can confirm, I think the applicant in his application mentioned sort of a side benefit of sort of increasing the safety of the road, because it's sort of narrow and taking, you know, a car.

[24:08] He lost you again. That's weird. Now. I I think we probably got the gist of what you were saying, and you were agreeing with the applicant that that it was safer. yeah, thank you. Everybody. I mean, I I agree with the general direction this is going in. I just always have a hard time when a lot is 42,000 square feet in having to come up with a variance.

[25:00] and I appreciate having a better understanding of the site constraints? The drainage is very important. especially given the fact that it flooded. So I'm I'm fine with it. I just you know. ISI sincerely hope it is as minimalist as they are describing. So it sounds like we have a consensus. It somebody wants to present a motion, please. Katie can't talk. I'm going to approve. Boz, 2,024, dash 0 0 0 5. Second. Okay, all those in favor individually. So, Katie, you're gonna have to just put your hand. I'll just acknowledge this. Yes, she's saying, I okay, Nikki. Aye. True. Aye. Ben. But. And I

[26:01] so this, your request has been unanimously approved, and we wish you the best in your construction project. Thank you. I'm sorry I missed. Who seconded that? Could you confirm that for the record, please. That was me then. Okay. Great. Thank you. Okay? So the applicant, I think you can stay and listen to the rest of the meeting or not. But just so, you know that that we are finished with your request. and your application has been approved as submitted. So do. We have matters. So we have the minutes. I think I've already submitted a correction. Is that right? And it's been corrected. Thomas. Yes, that's correct. The 1st version that went out was just a mistake. It was an earlier, save of the file. And so the version that's attached to the packet now should be updated, and if you all have any other corrections we could make those, but

[27:04] otherwise they're good to go. I have a motion to approve. The minutes is written as some transcribed. So moved up. Okay, thank you, Ben. Second mark, I'm in a meeting. Excuse me. Sorry. My husband just came in the house. So Did we get a second on that motion. Katie the seconding all those in favor. So, Katie, I can see you wait, raise your hand so that's an eye for Katie drew. Aye. Then. Aye. Nikki. Aye. Jill, I. So the minutes are approved. Thank you very much. So with the next thing was probably the

[28:02] chairperson. Right? We need a little guidance from you. Right? So, yeah, everyone. Yeah, the next step before we get into board or city attorney matters. I think we could do the chair and vice chair. The voting of. So y'all wanna discuss it amongst yourselves and vote on both. I think it's it's up to you now. What do you guys want to do. Joe, how how much longer do you have? You're here for another year, right. I have a 5 year term. It's right, Robbie. Jill, you're you are the next up. You and I believe your term ends next March or April of 25. I would like to nominate Jill to be the chair.

[29:02] Second. You guys are funny is that for sure cause I just remember it was such a hassle getting back on that. it feels like I just started. But time flies. So, Aaron, you have to tell us. I mean, I don't mind being. I'm looking it up quick to see to find the page that has all of you listed in your terms. Unless, Robbie, you already. It. And I'm looking. It's actually on the Boza website. Really, slow. Go into that right now, but I believe I'm pretty sure, Jill, you are up in 25. So you are currently the last you might be at the tail end of your 5 year reappointment, but Your appointment. But Jill. Some reason. That might that would make more sense, I think. Yeah, it might have been someone stepped down, and then you were reappointed and and filled that

[30:02] term. but yeah, it says, Jill is the next one off Nikki ends 2026, Katie, 2027 drew 2028 Ben. 2029. Tip. Alright. are you? I don't know what to do next. Do you vote on it? Is that what has to happen? I. You can discuss. Yeah. They have a lot to discuss. Joe. Unless you're against the recommendations that we've just heard from, I believe Drew and Nikki Then there would be a vote or a discussion for another person. Another applicant, I guess you could say. I mean, I just I thought Nikki wanted to be the chair next. Evidently I didn't understand that correctly. I want to be this, you're after you. Yeah. But you still have another year, Joe. Okay.

[31:00] Alright! That would make you the vice chair, Nikki, I think. But I can for the Vp, yeah. I'll be willing. But if anyone else is interested. please please speak. I think, Nikki, you should do it, and be the vice chair and get the minutes and the meeting stuff so you can run the next meeting, and you want. if you need to. Cause I will be traveling some. So yeah. I mean, if you want me to stay. I never oppose being in charge of something so. Great. I'm used to doing it, but I I appreciate it's it's an honor to be asked again. Thank you. I appreciate that. So do you want to take a vote on? Ha, yeah, like, I said, I don't know how to do this, Aaron, or is it just a consensus? Do we have to vote or.

[32:03] Yes, and I believe there was a motion. And, Ben, did you second it? Yes. So. Yep. Then you can call for the vote. Okay, so I'm gonna abstain. So Nikki. the the motion being for and it can it be for both of us where it's. Separate. I would do. Do one for the chair. Do that, and and even if you recuse under the rules, it's counted in the affirmative, so you're welcome to it to recuse. But, Thomas, it should be recorded as a I then. So do you want to call for your vote, Tom? Ben. Yes. Oh, I thought you who someone uses. I move I move for Jill to be our chair. for the the rest of the year. I I moved from Jill to be the chair. Thank you. 10 seconds. Alright. And so how did we all vote? I mean, fine. I'll vote. Yes. Fine.

[33:03] Okay. Favour. Aye. Aye. Aye. Nikki, I and Ben. Okay, thank you. Appreciate it. I am gonna move, cause I never get to move that Nikki be the vice chair and Can I have a second. Second. Thank you, Ben. So round, Robin again. All those in favor, Ben. Aye. Drew. I. Katie is raising her hand, for I and Nikki. Aye. And a eye. So Here I am again. I know my script so well. Now I was like, Wow, thank you, guys. And will you share that with Robbie or Thomas? Send that dot, Doc? I to Nikki. so she has it. So I'm absent. She can jump in

[34:01] and do that. And there's a lot of information in there, Nikki, that you don't see that got how you act as chair. So I think it's pretty helpful. I. I have it, Joe. I I thought I thought this was the meeting, that she weren't going to be here, so I actually asked for it, thinking that you are. You are in Germany this time, so. Will you double check that that one matches what I sent over to you? Because there were a number of changes, and that older script I think it should match. But I actually, when I did it today I found several more typos, and I edited it. So just double check, please. Good to know you have it, though. Yes, I I have had many plans to go to Germany that have been changed. So I'm I'm here until the end of August. So Now, I think our last part is

[35:00] matters from the board. If anything. Does anybody board have any Manners city attorney nice to see you here. By the way, Erin. Thank you. And and in our participant, our 9th person, that you haven't seen who was here at our last meeting, also is Deshana Zizu, who is another attorney, and kind of backing me up, and may soon take over as lead with a bose, a meeting. So she's watching in the wings, and at some point she'll probably be my window, and then I'll be in the background, backing her up. Thank you. And Robbie. Yesterday, was the application deadline for the Tuesday, July 9.th Bose meeting, which is our next meeting, and we did receive one application. So it appears we're gonna have a July meeting. So stay tuned here in the next week I will send out a more detailed email about that. But it does appear we're gonna have a July one.

[36:05] And the only comment I will say is, that's that meeting. My grandchildren will be here. So I, depending on if everybody else is going to be here. I may defer to my vice chair and not join that meeting. So just depends on how much chaos there is going on. Thank you for the update or the heads up. Right. If there are no other matters. The meeting is adjourned. Thank you again. Bye, everyone. Aye. Ready! Bye, bye. On!