BOZA approves setback variance to rebuild entrance deck at 825–827 Dewey Avenue

The Boulder Board of Zoning Adjustments on a 5-0 vote approved a variance to combined side-yard setback standards for 825–827 Dewey Avenue so the property owner may rebuild an elevated east deck and an entrance cover serving Unit 825.

Staff presented the case (docket BOZ2025-00004) and recommended approval after reviewing the project under the code criteria. The board voted unanimously to approve the motion.

The duplex, built around 1966 and currently undergoing a larger renovation (building permit BLDSFA202400048), has a west-side setback that will remain at about 1 foot 8 inches from the property line. Under RMX-1 zoning rules the combined side yards for new development must total at least 15 feet, which produces a required east-side distance of roughly 13 feet 4 inches. The applicant asked to rebuild the east deck and entrance cover to a setback of approximately 7 feet 6 inches — roughly the same distance that exists today — because the existing deck must be removed and reconstructed to remedy water damage and structural issues discovered during permit review.

Robbie Wyler, BOZA liaison for the City of Boulder, told the board that building coverage and floor-area calculations had already been checked as part of the active building permit and that the proposed work would not push the project over code maximums. Wyler said staff found no neighbor opposition in the application materials and that the variance request meets the applicable variance criteria in the Boulder Revised Code (staff cited H1(a)–(d) and H5(a)–(d)).

Applicant architect Alex Perulis of Mountain Design Build said the intent is to keep the deck footprint intact and update the structural details to prevent future water intrusion. Perulis described rotted cantilever connections and improper flashing that require dismantling and rebuilding; the proposal adds diagonal columns to improve support while preserving the existing footprint and access to the 825 unit.

There were no public speakers on the item. Board members raised clarifying questions about why the minimum 5-foot side-yard requirement was not at issue and then indicated they were satisfied the request met the variance standards because the project does not expand the building footprint and responds to deteriorated original structure. Drew Eisenberg made the motion to approve; the board recorded yes votes from Sean Haney, Drew Eisenberg, Katie Crane, Ben Doyle and Chair Nikki McCord.

The approval allows the applicant to revise the active building permit to include the east deck and entrance cover once the BOZA decision is reflected in the permit revision.