January 14, 2025 — Board of Zoning Adjustment Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] I can go. We're recording now. Thank you. This is a meeting of the Board of Zoning Adjustment. Tonight we have one item and that we don't need an order because it is the 1st and only item staff on an item will present 1st and the applicant second. Next. The public will be invited to comment. Then the Board will discuss. We usually review the voting rules after you go through the rules of decorum. So, Thomas, back to you. Thank you, Jill. I'm just gonna go ahead and share this Powerpoint really quick and go over some rules for our public participation section. Okay. So the following are some rules of for the public participation. The city is 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.

[1:03] 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 process. Please visit our website. The following are examples of rules 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 individuals must display their whole name before being allowed to speak online. Currently, only audio testimony. Money is permitted online. And then this is how to get called on to speak. Whenever we open up the public participation section, you can hover your mouse or your finger on the bottom section of your screen or your phone, and to pull up the control panel on zoom, and then look for the raise hand, icon, right here.

[2:15] and if you don't see the raise hand, icon, you might see this reaction tab, and you'll need to click on it to expand it and then click the raise hand, icon there. and that's all, and I'll pass it back over to you. Chair. Thank you. Thank you, Thomas, appreciate that. So our 1st item. So now I have to go to the page that I have open, Robbie. Would you just remind me. So I'm gonna have to find the page. The docket number is boz. 2024, dash 0, 0, 1, 7. Okay, thank you. Referencing to that docket item. That's where we're going to start. I do want to mention the voting rules. I forgot to do this, and if you would think I hadn't done this before, sorry, 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, and if the 1st vote taken on a motion to approve or deny the application

[3:14] results in a tie of 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 and denial of the application. A vote of 2 to one or one to 2 on a motion, shall in all respects be considered a tie. And now, if you would proceed, Bobby, thank you. Thank you, madam, chair and up on the screen you should see our one and only item variance item for tonight. This is docket number Boz. 2024, 0 0 1 7. The address is 2041 5th Street, and this is a setback variance

[4:01] as part of a proposal to remodel the historic home, including a roughly 42 square foot expansion. At the front entrance the applicant is requesting a variance to the site adjacent to street equals Front North setback standards for a principal structure in the Rl. One zoning district. The resulting north setback from the addition will be approximately 10.3 feet, where 25 feet is required. due to the adjacency rule and approximately 10.2 feet exists today from the closest point of the north face of the existing home section of the land use code to be modified. Section 9, 7, 1. Boulder Revised Code 1981. And up on the screen, you can see the location of 2041 5th Street, and this is a corner lot, and I'll show an image here in a second that provides a little more clarity, but due to what we call the adjacency rule, which is, when you have a non front yard side yard that is adjacent to your neighbor's front yard. You essentially have a second front yard. So this property does have essentially 2 front yards, the north and the true front, which is the east yard.

[5:11] and then its rear yard would be the west yard, and its interior side yard would be the south yard, and it's also worth noting that this is a split zoned property you can see up there on the image the very, the western 5th of the property is zoned Rmx. One. whereas the Eastern 4 fifths of the property is zoned Rl. One. Because of the location of the subject home and the subject edition. The split zoning really isn't pertinent to the discussion tonight, as the entire structure falls within the Rl. One zoning district and needs to adhere to the Rl. One zoning standards. So if I need to go into any more detail with the split zoning part of it, I'd be more than happy to, but for the sake of the variance tonight. We are using rl, one zoning standards. And, Jill, did you raise your hand.

[6:02] Yeah, I just I am I missing something on my screen? I just see everybody. I'm not seeing the shared screen. I did see share screen, but it went away. Is that my my issue, or or yours. Mine still shows a sharing. Is everybody else seeing the presentation. I can see the presentation. Yes. Yeah, I got him. Okay, zoom's just gonna be weird. So I can stop sharing and reshare if you think that would help just let me know if you want me to do that. let's just do it once, and see if that fits. So all right, let's try this again. And okay, do you see that? Does everybody else see it? Okay. Well, if it happens again, just let me know, and I can try to. We'll work through it. Okay. So again, this is the corner lot, and it is split zone. But the majority of the home is an R all one. So they really only need to adhere to the Rl. One zoning standards, which are actually very similar to the Rmx. One.

[7:06] So tonight the board is considering a setback variance request, and again, that is, for the site adjacent to street equals front north setback, and the request is for approximately 10.2 feet, where 25 feet is required and approximately 10.2 feet exists. Today. I tried to put a few visuals on this exhibit the blue box that you see, that's the subject. 42 square foot addition. They're essentially just bumping out the front entry way just a little bit, and the applicant can go into a little more detail on what exactly they're doing during their time. But it is a small addition to the front or east side of the house under the existing front porch and the green box that you see that is the buy right, or the building envelope that meets all the setbacks. So from the north. They're required 25 feet. That's that side adjacent to street equals front. The east is their front yard, so another 25 feet. The south is a required 5 feet interior side yard setback, and the left or west is their rear yard. So that's another 25 foot setback. So this property has 3, 25 foot setbacks.

[8:16] and that's what that green box is denoting. And then the black line that's a little hard to see. But where the Black Arrow is pointing. That's where that that setback where the addition falls. It's right at where that 25 feet. So the north or the upper part of that addition is that about 10.3 feet. Hence the request for 10.3 feet or 25 is required. and then this just gives you an idea of where on the property these are some existing conditions. I did circle those in red, both aerial and the survey. All of this was provided while the survey was provided within the application materials. And I am getting a sunbeam. So I'm gonna try to not disappear from you.

[9:02] There we go. And then these are just some pictures. The lower right image is the street view, showing the corner of 5th and Spruce Street, and you can see the house. They're tucked behind the trees, and then we have the upper left image. This was provided within the application, and that shows the existing porch conditions, so the door that you see under the porch is going to be pushed to the east by a couple of feet, and that's where that 42 square foot addition comes in all of it, within the existing area or the envelope of the front porch. and then we also have some existing and proposed. Architectural drawings circled in red are the proposed, and those are the 2 images on the right. The front east is the upper right image, and the front and side. North is the lower right image, and then the respective existing drawings are provided to the left.

[10:00] and then we have the floor plans kind of showing the interior. I really only focused on the main level, and then the small upper level of the house, but circled there in red. You can see the area where that 42 square foot addition under the porch will be added, and it's a part of the homes. Entrance. They're reconfiguring slightly the stairs and the front entrance configuration. So with that they needed or and are proposing the small bump out to the east to provide for internal flow. and then some a little bit in the way of zoning information. It is zoned rl, one again split zone, but primarily rl. One. Standards applied to this property. and the lot size is 7,243, with a 7,000 square foot minimum for r. 0 1. It's 6,000 square feet for Rmx. One, in case anybody was wondering, existing, and proposed building coverage. The maximum allowed for this property is 2,491,

[11:00] and the proposed is 1,381 square feet. There's actually no expansion of building coverage for the property and then for floor area. The maximum for this property is 3,541 square feet, and including the small addition, the proposed floor area is 1,705 square feet. So both building coverage and floor area are well below the maximum allowances for this property and due to the location and design. Solar access is not an issue, and then same with side yard, wall, articulation and side yard bulk plan, due to the location and the scope of the subject. Addition. There are no issues when it comes to bulk, plan, or side yard wall articulation, and all of this will be verified at building permit pending tonight's outcome, and when they submit that permit and height, there is no change to the low point or the maximum height of the property as a part of this project. and then a little bit in the way of history which plays into the review criteria. The home was built circa 1913,

[12:04] and is considered contributing a contributing building to the Mableton historic district. So pretty much any exterior work done to this property requires approval through our historic team and the Landmarks board or the Landmarks design Advisory Board, and this project was approved through application, his 2024, 0 0 1 9 1. As it is being presented to you tonight. and on top of that the landmarks board is also supporting this application through Criterion 4 and the letter from the landmarks. Board was provided at the end of the application materials for your reading pleasure. Hopefully, everyone was able to read through that. and the reason I bring that up is because typically the board is required to review criterion 1, 2, 3, 4, and 5. And tonight the applicant is utilizing criterion 4 and 5, but they did provide some response to criterion one. So for the sake of conversation, I will go through staff's evaluation of criterion 5 and 4.

[13:13] So when it comes to criterion, 5. Which all parents requests have to meet, staff does feel that it fully meets criterion. 5. A. Which is, would not alter the essential character of the neighborhood, and that was even reviewed through the historic review that it did not impact or degrade from the historical integrance or integrity of the building, and 5 B. Would not substantially or permanently impair reasonable use and enjoyment of adjacent properties. We haven't heard anything from neighbors. But this has already gone through multiple rounds of review. And I believe even some public input and there has been no response to staff for this application or nothing against it.

[14:01] and then 5 C would be the minimum variance to afford relief. Given the scope of the work and the fact that they're just wanting to kind of reconfigure the interior to provide better flow of the inside. And why, it is that size of staff does feel that it's an appropriate and even minimal request in front of the board. So we do feel that 5 C is being met, and then would not conflict with the solar access regulations. We do feel based on the scope and the location, as already mentioned, that solar will not be of issue. So we do feel that 5 a through 5 d. Will not be impacted. And then Criterion 4, which is I'll go ahead and read this for the board, and the sun's still shining on me. There we go. So criterion 4 is designed for only designated historic properties. Only those properties can apply, and this property is a designated historic property and structure. It states that

[15:00] the property could be reasonably developed in conformity with the provisions of this chapter, but the building has been designated as an individual landmark, or recognized as a contributing building to a designated historic district as part of the review of an alteration certificate, which is what that his application was. Pursuant to 9, 11, historic preservation, Brc. 1981. The approving authority has found that development and conformance and conforming locations on the lot or parcel would have an adverse impact upon the historic character of the individual landmark or contributed building. And the historic district. If a historic district is involved which it is so, what the Board essentially found as a part of that memo that was provided in the application is that a buy right design would be would negatively impact the contributing structure, and that the proposal that's in front of you tonight. And that was in front of them a while back. Is appropriate, and they would recommend to the Board that under criterion, for it be approved.

[16:08] So with that staff does feel that criterion 4 and 5 are being fully met, and are recommending approval of the request, as it has been presented within the application. So with that I will hand it back over to you, Madam Chair, and if anybody has any questions I'd be more than happy to answer them. Thank you, Robbie. The only thing I'm going to say is, you dropped off a little bit as you were reading. I think 5 through 5. But I think we can all read it. This doesn't need to be repeated. Okay. so I just wanted to mention that so does the board have any questions of staff. Thus far it looks like I'm frozen. Actually, I've been wondering about that. I'll stop my video and come back. But any questions. There we go. I'm getting head shakes. So it's time, then, for the applicant to present it sounds like the applicant is here. Thomas, can you

[17:08] make arrangements for that, please. Sure. I think Sam Austin is presenting. Does that sound right, Robbie? You're muted, Robbie. That is correct, Thomas, and then I'm not sure if Buffy is here as well. But I've also been working with Buffy on this so, but definitely, Sam. We're here. Yup, it's both of them. Did. Did you get us? Okay, there you go. Welcome, and for the record as you start, would you please say your names and your address for the record. Samuel Samuel Austin. I'm an I'm the architect. My address is 17. 0, 1 15th Street unit, a. Thank you. I'm I'm Buffy Andrews. I'm on the north end of town. At 1536 Easy Rider Lane. Thank you, and the floor is yours.

[18:03] I I don't. I mean. I don't really have a lot to add. I guess I would just add that what we're doing is we're trying to build a conforming stair inside the building. And so we've gone through this process with historic and and that has resulted in the wall being where it is because we need, because the stair is overly steep and the treads are overly narrow. We need to add some treads some risers and wider treads, and that eats up about 3 feet on the inside. So to get this, this is the minimum way to create a you know, comfortable stare that complies with the code, the current code. So you know that that's why we're doing it. And and then any questions you might have for me. Please feel free to ask.

[19:08] Thank you. Thanks. Sam. Does the board have any questions. Joe. Any board members who have questions for the applicant. I'm I'm thinking that everyone is seeing this is pretty straightforward. So. All right. Don't think we need to belabor it. But we do have to offer any. If there's any member from the public here that would like to comment. Now is the time anyone else here, Thomas. I think we just have Jackson in the audience who's a member of our staff, and then we have Shaw Thomas. Who is that? Are they with the applicant team. Yes, he's the owner. Okay? Well, then, I don't believe that we have anybody from the public and attendance still, but we could still offer up the opportunity for people to raise their hands. If there does happen to be anybody here that I'm just not seeing.

[20:05] But I think we're good to move on. Thank you. Thank you very much. Accordingly the public hearing is closed. and there was no public comment, but it is now open to the board for discussion, and usually we have members speak first.st If there's nothing you have to say, please just say for the record, I'm good, something like that. So who wants to start. I would say it clearly meets criteria 4, and it meets all the items and criteria. 5. And so I'd be in favor. It's very straightforward. Thank you. Chair, Katie. I I agree it seems pretty straightforward, and I don't really have any additional questions or comments. Thank you. Ben. I concur. Okay. And and likewise I concur. So may I have a motion, please?

[21:02] I mean, I don't think we. Make a motion to approve the Boz (200) 424-0017. Second. Thank you. I'll ask around for those of you in favor. So Drew. Alright! 80. I. Then. Bye. Jill. Hi, so your submission has been approved, and you can proceed. Thank you for your time this evening. and hope it benefits the homeowner. Thank you. Thank you guys, we appreciate you. And Thank you. We'll check out. Now, if that's okay. Yes, you may thank you. Alright, thanks, guys. Talk to you later. Bye. So we're gonna be short and sweet tonight. It looks like we have just to ask about minutes. We have the minutes in. Do we have 2 sets of minutes. or just one? It just seemed like they were long.

[22:00] Just have one. Just one. Okay, so unless anybody noticed something in the minutes that are a problem, has anybody everybody good. Yup! Yup! Okay, thank you. May have a motion to approve the minutes. Please. I make a motion to approve. The minutes from the October meeting. Thank you. I'll second that motion. All those in favor drew. I abstain. I wasn't there. Thank you, Kate. It's good for the record, Katie. I. Ben. Bye. And Jill. Aye, the motion! The minutes have been approved. So are there any matters from the board that need to be brought to the attention of the rest of the board. A hearty thank you to Erin Poe for her 25 years of service to the city. We're gonna miss. Years, wow! Thank you. I second that Ben.

[23:01] Thank you so much. It's been a pleasure. We had fun the other night. Maybe we'll cross paths again. You never know. Well, I'm in South Boulder, so I am sure I will see folks all over town. We. We wish you the best in your new job. Thank you. And in the time in between, enjoying that too. I'm going to Mexico next week to escape the cold. So it's a wise move. That's great! Although the cold is good for us here, so the environment appreciates that you go escaping is a good idea. so speaking of which do you have any matters for us? Whoever's speaking? I don't know. Are you in charge today? And Deshauna will be our in charge next week or next month? Deshawn is in charge tonight. I was very lucky to have such a smooth introduction, but I don't have any matters on behalf of the city attorney's office to report out. Thank you and welcome to Shawna. We'll look forward to working with you in the future

[24:03] for as long as I'm here, which may not be that long. We'll see. How about you guys, Robbie? Nothing, Major, just again. Thank you, Aaron. It's been great. You were here when I started 12 and a half years ago, and then I look forward to you. Bring in maybe a variance to the board for your own home sometime in the near future. You know how what a good application looks like. So I look forward to that and beyond that, yesterday was the application deadline for the February meeting, and I will keep quadruple check. But it doesn't appear we have any items for February. I will send an email to the board by the end of the week, just with confirmation on that and that way. Everybody, including Nikki, knows kind of the status. But it doesn't appear. We're gonna have a February meeting unless there's another reason to have one. So stay tuned. I'll send a confirmation, and that's it. From staff. Robbie, let me just clarify with you. So the board has. How many openings.

[25:03] One, and your term is up this year. And so that all happens between January and March right. Applications. I think, Thomas corrected me, if I'm wrong, are open until the end of this month staff is working with the those who handle all of this in February. So I believe in February into March. We'll kind of know the status of that. So applications are still open if you know anybody or want to reapply. Wink, wink? Yeah, I believe you have until the end of the month to do it, and then I think the new term start in April or May. Thomas feel free to add on to that, or correct me if needed. So still a little bit of time. We still have a few more months until your term is up. Joe. I thought it was up in March which might mean that I might not see everybody, but so. In April. I believe so. I think you have, until at least March.

[26:03] Sounds good and any I think we're finished. Then I'll let everybody go. We'll call. We'll adjourn the meeting, and we'll see you in March. Oh, enjoy February. Yes, bye, everyone. Bye, everyone. Bye, Aaron. Go ahead! Thanks. Everyone. Bye.