Board of Adjustment Agenda and Packet 2023 02 15

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Board of Adjustment Meeting Minutes September 21, 2022 Page 2 of 8 Nakari reviews the procedures for the meeting; opens the public hearing; and states there are six criteria, which must be met for the board to approve a variance request. Nakari states that for the requested variance to be approved, four (4) votes will be needed to be affirmative. Hassan verifies the application to be heard this evening is complete, and was mailed to the surrounding property owners on September 02, 2022, published in the Boulder Daily Camera on September 04, 2022, and the property was posted on September 02, 2022. Cooper moves and Hawksley seconds a motion that confirms that all requirements have been satisfied and the application submitted by the applicant has been properly filed. Motion passes unanimously by a voice vote. Berger asks if anyone at the hearing has any objections to the hearing procedures she described and asks if there were any other preliminary matters that needed to be taken care of. None are heard. Staff Presentation: Hassan begins her presentation by reviewing an aerial image of the property. The property is located in the Cherrywood II PUD and Cherrywood II Subdivision, both of which were approved by the City in 1991. The original home was built in 1993 and was destroyed in the 2021 Marshall Fire. The applicant is proposing a new home to replace the previous home destroyed in the Marshall Fire. The proposed footprint is larger due to the inclusion of a main floor primary bedroom, resulting in the encroachment of a portion of the garage into the front yard setback. The garage is about 23 ft. x 23 ft. or 529 square -feet in size. A 13 square -foot portion of the garage would encroach 2.1 ft. into the setback, resulting in a 15.9 ft. front yard setback at the most constrained point. She concludes her presentation by reviewing the six variance criteria. The following indicates staff's analysis of each criteria: Criteria 1 - Criterion Met • Staff Recommendation — Criterion Met o Staff finds the property has an unusual front lot line. The lot is part of a cul-de-sac, which creates a curved front lot line. The lot depth is about 90.76 ft. on the north property line, which is shallower than other lots in the subdivision. Criteria 2 - Criterion Met Staff Recommendation — Criterion Met o The lot is one of the shallowest lot lines in the Cherrywood II Subdivision. A majority of properties have side lot lines with lengths