Boulder City Council · Document
Attachment C - Draft Planning Board Meeting Minutes
Regular Meeting, September 17, 2026 · item 5B: Consideration of a Nonconforming Use Review at 969 10th St. for the expansion of an existing duplex · 4 pages
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CITY OF BOULDER DRAFT PLANNING BOARD ACTION MINUTES August 18, 2026 Hybrid Meeting A permanent set of these minutes and an audio recording (maintained for a period of seven years) are retained in Central Records (telephone: 303-441-3043). Minutes and streaming audio are also available on the web at: http://www.bouldercolorado.gov/ PLANNING BOARD MEMBERS PRESENT: Laura Kaplan, Chair Mark McIntyre Kurt Nordback Maxwell Lord Mason Roberts Claudia Hanson Thiem PLANNING BOARD MEMBERS ABSENT: Ml Robles STAFF PRESENT: Alex Pichacz, City Planner Senior Charles Ferro, Development Review Senior Manager Thomas Remke, Senior Operations Specialist Hella Pannewig, Senior Counsel Brad Mueller, Planning and Development Services Director 1. CALL TO ORDER Chair, L. Kaplan, declared a quorum at 6:00 p.m. and the following business was conducted. 2. PUBLIC PARTICIPATION Lynn Segal (in person) 3. APPROVAL OF THE MINUTES 4. DISCUSSION OF DISPOSITIONS, PLANNING BOARD CALL-UPS / CONTINUATIONS There were no call-up items. 5. PUBLIC HEARING ITEMS A. AGENDA TITLE: Public hearing and consideration of a Nonconforming Use Review for the property located at 969 10th Street. The application proposes an expansion of the duplex by converting interior attic space to habitable floor area and the addition of one new bedroom to each unit through interior renovations. No exterior expansion or addition to the building is proposed. Reviewed under case
number LUR2025-00091. (00:08:00) Staff Presentation: A. Pichacz presented the item to the board. (00:23:45) Board Questions: A. Pichacz answered questions from the board. (00:46:20) Applicant Presentation: Caroline Sparks presented to the board. (00:47:50) Board Questions: Caroline Sparks answered questions from the board. (01:07:30) Public Participation: In Person: 1) Tracy Jennings 2) Valerie Stoyva 3) Katherine Ratlidge 4) Tamar Larsen 5) Tripp Hyde 6) David Bartlett 7) Alison Smith 8) Kaleo Okana Virtual: 1) Lucy Goldstein 2) Alicia Brabazon-Curtin 3) Philippe Pontbriand (01:26:00) Board Discussion: Staff provided the following key issues to guide the board’s discussion: Is the proposal consistent with the Use Review Standards criteria of section 9-2-15(e) and Additional Criteria for Expansion of a Nonconforming Use of section 9-2-15(f), B.R.C. 1981? The board began with a round of general comments, offering feedback on the key question. (01:43:30) MOTION: M. McIntyre made a motion seconded by K. Nordback to deny the use review application number LUR2025-00091 for failure to meet 9-2-15(e)(1)(a) and failure to meet 9-2-15(f)(12). Planning Board voted 2-4 (K. Nordback, C. Hanson Thiem, M. Roberts, L. Kaplan dissenting). The board discussed the motion. M. McIntyre amended his original motion with the motion below. (02:17:37) MOTION: M McIntyre made a motion seconded by K. Nordback to amend the above denial motion by striking “failure to meet 9-2-15(e)(1)(a) and”. Planning Board voted (6-0). Motion passed.
(02:18:45) The board voted on the initial motion made by M. McIntyre at (01:43:30), as amended above. MOTION: M. McIntyre made a motion seconded by K. Nordback to deny the use review application number LUR2025-00091 for failure to meet 9-2-15(f)(1-2). Planning Board voted 2-4 (K. Nordback, C. Hanson Thiem, M. Roberts, L. Kaplan dissenting). Motion failed. (02:19:15) MOTION: C. Hanson Thiem made a motion seconded by M. Roberts approve Use Review application #LUR2025-00091, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, subject to the recommended conditions of approval recommended in the staff memorandum. The board discussed the motion and added conditions of approval, detailed below. (02:31:14) MOTION: K. Nordback made a motion seconded by C. Hanson Thiem to add a condition of approval to require that the applicant submit a trash management plan including separate trash cans for each unit, subject to city manager approval, and ensure that the development is in compliance with the approved trash management plan. Additionally, the owner will be required to post on the property prominent signage visible from the public way listing the property manager or management company and contact information. Planning Board voted 6-0. Motion passed. (02:32:15) MOTION: C. Hanson Thiem made a motion seconded by M. McIntyre to add a condition to require the accessory office/studio space have a dedicated use as bike parking and storage, and that this use be recorded with the County (similar to what is being required for the attic space), to meet the criteria in 9-2-15(f)(1) requiring reasonable measures to reduce or alleviate the effects of the nonconformity. Planning Board voted 6-0. Motion passed. (02:37:15) The board voted on the motion made by C. Hanson Thiem at (02:19:15), with the conditions of approval noted above. MOTION: C. Hanson Thiem made a motion seconded by M. Roberts approve Use Review application #LUR2025-00091, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, subject to the recommended conditions of approval recommended in the staff memorandum and as amended by the Planning Board tonight. Planning Board voted 5-1 (M. McIntyre dissenting). Motion passed. 6. MATTERS FROM THE PLANNING BOARD, PLANNING DIRECTOR, AND CITY ATTORNEY 7. DEBRIEF MEETING/CALENDAR CHECK 8. ADJOURNMENT The Planning Board adjourned the meeting at 8:57 PM. APPROVED BY
Laura Kaplan ___________________ Board Chair ________________ DATE