Boulder board approves setback variance for 836 9th Street

The Boulder Board of Zoning Adjustments voted unanimously to approve a setback variance for 836 9th Street, allowing the city to recognize an existing attached carport and a small landing that leaves the rear (east) setback at about 4.9 feet where 25 feet is required.

Robbie, a city planner, told the board the carport and deck were originally permitted as detached structures and that aerial photos suggest the connection to the house dates to about 1999. The property is in the R‑01 zoning district on a substandard lot of roughly 3,825 square feet. "We are comfortable saying that it has been attached in some form for at least 26 years now," Robbie said, and staff concluded the application met the applicable variance criteria and recommended approval.

Applicant representative Patrick Gubatos of Sobo Homes said the change became apparent when the owners and the contractor pursued interior renovations. "The main reason that we reached out was because we figured that this attachment is encroaching into the rear setback," Gubatos said, adding that an interior stair had a roughly 16‑inch landing that created a safety concern and that the exterior landing would provide safer direct yard access.

Property owner Miles, who identified himself as the owner of 836 9th Street, said he bought the house with the deck already attached and preferred to leave the existing structure intact rather than incur the cost of full correction. Contractor Mike D'Onofrio said the project team’s goal was to "not touch" the carport/deck and to focus on bringing interior areas up to code.

Board members discussed criteria in H1 (unusual circumstances) and H5 (neighborhood impact). Board member Drew said the lot’s shallow size and the long‑standing covered carport were "definitely unusual," and that the proposal was the minimum variance necessary. Board member Sean agreed, noting the lot is smaller than typical R‑01 lots in the area and that the change is minimal and does not raise solar access concerns.

Drew moved to approve BOZ2025‑00013 and Sean seconded. Chair Katie and both board members voted yes, producing a 3‑0 approval. Robbie said staff will issue an approval document and follow up with next steps for permitting, and that building permit review will verify floor area and coverage figures.

Key figures outlined during the hearing included an existing/proposed rear setback of approximately 4.9 feet (25 feet required), a lot size of about 3,825 square feet, an existing and proposed floor area of roughly 1,764 square feet (maximum allowed ~2,403 sq ft), and existing building coverage increasing from about 1,293 to roughly 1,320 square feet (maximum allowed ~1,589 sq ft). The carport/deck had an original permit date circa 1993 and the house was built circa 1927.

The board’s action recognizes the attachment for the purpose of permitting and allows the small landing and stairs to remain while the owners proceed with interior renovations. Staff noted written support from three neighboring property owners and no written opposition.

The board did not place additional conditions beyond normal permitting review; staff will verify measurements in the building permit process and provide the approval documentation to the applicant.