Denial motion fails as Boulder planning board splits on mitigation vs. code constraints

Board member Mark McIntyre moved to deny the nonconforming-use review for 969 10th Street, arguing the application failed to meet the additional expansion criteria requiring reasonable measures to reduce the effects of nonconformity and improvements to the property. McIntyre described the code as subjective and said the applicant had not demonstrated sufficient mitigation; he asked the board to deny based on sections 9-2-15(f)(1) and (2).