[BoulderCouncilHotline] Re: ADU ordinance on consent agenda tonight

[Sugnet, Jay]

Hi Lisa,

Thank you for your emails. See below for staff responses in blue...

Jay



-----Original Message-----
From: Morzel, Lisa <MorzelL at bouldercolorado.gov>
Sent: Thursday, November 08, 2018 12:57 PM
To: Morzel, Lisa <MorzelL at bouldercolorado.gov>
Cc: Ferro, Charles <FerroC at bouldercolorado.gov>; HOTLINE <HOTLINE at bouldercolorado.gov>; Council <council at bouldercolorado.gov>
Subject: [BoulderCouncilHotline] Re: ADU ordinance on consent agenda tonight



Typos now corrected.



In rereading once again the ADU Ordinance for tonight, I now see where my concerns on occupancy have been already addressed in the ordinance (p. 122, line 21) so that is good. I wonder, however, why the provision on p. 132, under 9-8-5 (occupancy of dwelling units), paragraph b, line 14, states “ The occupancy of an attached accessory dwelling unit, detached accessory dwelling unit, or limited accessory dwelling unit miss meet the requirement of subsection 9-6-3 (a), BRC 1981.”  This seems inconsistent with council intent so I would suggest the provision on line 14 to be deleted from the ordinance.



Jay - This simply refers to the ADU section of the code that describes the exception to the occupancy standards specific to ADUs. Please let me know if we are not understanding your concern correctly.



Regarding unit size measurement, I found address to this concern under "variances" that would be required to go before BOZA: p. 121, line 6, unusual physical conditions, section (A). Would an owner who wanted to build a straw bale detached accessory unit be required to go before BOZA to achieve 550 SF interior space?  Would that owner be required to pay a fee to go before BOZA for a variance to achieve 550 SF?  How much time would that take?



Jay - Yes, an owner would need to go through a variance process to build a straw bale or any other thick wall type of construction that would exceed 550 square feet of floor area. The fee is $550 and takes approximately 4-6 weeks. Please note that the motion language from Council on August 29 was as follows: “Allow a more expansive variance process fleshed out in terms of criteria (size of walls, etc.).”



I would prefer specific language be written into this ordinance so that a owner who wants to build an energy efficient home using sustainable materials would be encouraged to do that and not be required to go through additional time, process, and money with a BOZA hearing/process.



Jay – If Council prefers that the wall size issue be addressed through standards and not the variance process (as currently written), the CAO is preparing alternate language that creates a standard for measuring floor area. It will be available on the dais tonight for council consideration.



In addition, your previous email raised a concern that the consistent architecture and materials standard …”would seem to discourage the use of adobe,  straw bale, or other energy efficient materials in constructing a detached ADU.” If we understand your concern correctly, this may be a new issue. The requirement has been in place since 1981 and is arguably an important provision to ensure neighborhood compatibility and minimize the impact of constructing an additional housekeeping unit on a single-family lot. It is important to note that it does not require the “same,” but rather “consistent” architecture and materials with either the principal dwelling or the adjacent properties. Adobe construction materials do not necessarily imply an adobe architectural style. Staff implemented council’s desire to allow adobe as a construction material through a variance process. However, it would be a policy choice for council to allow adobe style architecture in Boulder’s neighborhoods where it does not exist today. Direction tonight would be appreciated.



Thanks.



Lisa

>

>

> Lisa Morzel,

> Member of Boulder City Council

>

> 303-815-6723

>

> "We interact with one another as individuals responding to a complex haze of factors: professional responsibilities, personal likes and dislikes, ambition, jealousy, self-interest, and, in at least some instances, genuine altruism.  Living in the here and now, we are awash with sensations of the present, memories of the past, and expectations and fears for the future. Our actions are not determined by any one cause; they are the fulfillment of who we are at that particular moment.  After that moment passes, we continue to evolve, to change, and our memories of that moment inevitably change with us as we live with the consequences of our past actions, consequences we were unaware of at the time." The Last Stand, Nathaniel Philbrick

>

>

>> On Nov 8, 2018, at 9:41 AM, "Morzel, Lisa" <MorzelL at bouldercolorado.gov<mailto:MorzelL at bouldercolorado.gov>> wrote:

>>

>> In reviewing the ADU ordinance in our packet for tonight’s meeting (consent agenda 3K), I see no language regarding measurement of interior space being allowed.  I raised this and 2 other issues (referred to below) as issues during the second reading I and other council members wanted included in this ordinance to allow encouragement for using sustainable construction materials (adobe, straw bale, other thick energy efficient construction materials). How are thick walls and measuring interior area rather than exterior area presented and allowed in this ordinance?  I would like to have this provision specifically included in this ordinance.

>>

>> Secondly, on p 130, line 11, item c, regarding architectural design and materials, it states that “architectural design and materials shall be consistent with the existing residence on the site or the adjacent building(s) along the side yards up the lot.”

>>

>> Again this provision would seem to discourage the use of adobe,  straw bale, or other energy efficient materials in constructing a detached ADU since most homes who may want to construct a detached ADU have an existing standard built single family house. I don’t mind trying to respect the current architectural but requiring the detached ADU to be built with similar materials seems outdated and not the direction the city should go, with respect to energy efficiency and addressing climate change.

>>

>> I would like to see the language modified and provide a suggestion:

>>

>> “Architectural design shall be consistent with the existing residence on the site or the adjacent building(s) along the side yards up the lot.  Energy efficient construction materials are encouraged to be used.”

>>

>> Finally, one last provision on p. 132, under 9-8-5 (occupancy of dwelling units), paragraph b, line 14, states “ The occupancy of an attached accessory dwelling unit, detached accessory dwelling unit, or limited accessory dwelling unit miss meet the requirement of subsection 9-6-3 (a), BRC 1981.”

>>

>> If one reads subsection 9-6-3 (a), BRC 1981, this limits the occupancy to no more than two persons. Council discussed this at length, and said we wanted to be more flexible so that a small family, single parent with multiple small children could legally occupy that unit. Where is this addressed in the current ordinance?

>>

>> I just noticed these parts in the ordinance and apologize for the last minute notice. I’d like to have these provisions included in the final ordinance which may require this to go to a sixth reading.

>>

>> Thank you.

>>

>> Lisa

>>

>> Lisa Morzel

>> Member, Boulder City Council

>> 303-815-6723 c

>> 303-938-8520 h

>>

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