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Commissioners vote to hold public hearing on Berg Additions (SPR‑24‑0026) after call-up

2175427 · January 28, 2025
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Summary

After a commissioner requested review over visual-impact concerns, the Board of County Commissioners voted to call up SPR‑24‑0026 (Berg Additions at 175 Bellevue Drive) for a public hearing; staff described the scope and said an accessory dwelling unit (ADU) was not part of the application.

The Boulder County Board of County Commissioners voted on Jan. 28 to hold a public hearing for the call-up of SPR‑24‑0026, the Berg Additions application at 175 Bellevue Drive, after at least one commissioner raised concerns about the project’s visual impacts.

Sam Walker of the Community Planning and Permitting Department summarized staff’s determination and the changes applied to the proposal. Walker said the department had received public comments during the appeal period and that commissioners were being asked to decide whether a public hearing should be held. "Our request today is for the commissioners to vote on whether or not there should be a public hearing for the application," Walker said.

Walker clarified that the application did not propose permitting an accessory dwelling unit (ADU) in the detached outbuilding: "That was not part of this request… There was no request to permit an ADU in that building, and there was not one reviewed by staff." He explained the department’s distinction: an ADU requires cooking and bathing facilities, whereas a half bathroom in a detached structure (toilet and sink) would not constitute an ADU under county code.

Staff described the plan changes that led to the call-up request. Walker said the department restricted a proposal to convert crawl space under a detached outbuilding into residential floor area because the proposed basement addition under that detached building—with a large wall of glass—would cause greater visual impact than the applicant’s mitigation measures addressed. Staff said they nonetheless approved other proposed work on the main residence (an attached garage and a separate basement walkout) after the applicant revised plans.

One commissioner who had requested the call-up explained the motivation: to see the presentation and ask questions about visual-impact mitigation and to have the public testify on that topic. Another commissioner said that, after reviewing the packet and staff analysis, they did not see objective grounds to overturn the staff determination but agreed to proceed to a hearing because other commissioners wanted it.

A motion to call up SPR‑24‑0026 for a public hearing was made and seconded; commissioners voted "Aye," and the board scheduled a public hearing on the docket.

The hearing will allow commissioners to see the presentation and hear public testimony focused on visual impacts and mitigation; staff said they may provide additional photographic materials and that a site visit could be requested.

No final land-use decision on the application was made at the Jan. 28 meeting; the motion approved only whether to proceed to a public hearing.