Board of Adjustment Agenda and Packet 2023 03 15

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Board of Adjustment Meeting Minutes February 15, 2023 Page 2 of 5 of a bay window to encroach up to 3-feet 2-inches into the required five- foot side yard setbacks. Applicant: Andy Johnson, DAJ Design Case Manager: Ellie Hassan, Planner II Berger 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. Berger states that for the requested variance to be approved, five (5) 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 January 31, 2023, published in the Boulder Daily Camera on January 29, 2023, and the property was posted on January 31, 2023. Stuart 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 is heard. Staff Presentation: Hassan begins her presentation by reviewing an aerial image of the property. The property is located on an interior lot along Sycamore Lane in the Sundance neighborhood. It is located in the Sundance PUD and Sundance Subdivision, both of which were approved by the City in 1981. The PUD originally proposed development of duplex houses, and was changed to single family later on. The original home was built in 1984. The interior side setback is 5ft. The applicant is proposing a renovation of the existing home, which includes a rebuild of the existing bay window. The existing and proposed bay window encroach 3ft-2in east and 2ft-1.5in south into the 5ft. side -yard setback area along the bend in the L-shaped lot. The rebuilt bay window will maintain the same footprint at the same location as the existing window. The rebuilt bay window includes a new roof and wall structure, which is a structural alteration that requires a variance to remain in the same nonconforming location. Staff found no documentation of variance approvals for homes with non -conforming bay windows. It's theorized that staff may not have considered bay windows or overhangs as structures that need to meet side yard setbacks in the past, resulting in encroachments. She concludes her presentation by reviewing the six -variance criteria. The following indicates staff's analysis of each criteria: