Attachment B - Planning Board Notice of Disposition

CITY OF BOULDER PLANNING DEPARTMENT NOTICE OF DISPOSITION You are hereby advised that on August 18, 2026 the following action was taken by the Planning Board based on the standards and criteria of the Land Use Code as set forth in Chapter 9-2, B.R.C. 1981, as applied to the proposed development. DECISION: PROJECT NAME: DESCRIPTION:

LOCATION:

APPROVED WITH CONDITIONS 969 10TH ST NONCONFORMING USE Expansion of a nonconforming use to convert interior attic space to additional floor area within a duplex. No exterior expansion or additions are included in this approval. Interior renovations include a new bathroom and two additional bedrooms, one in each dwelling unit. The use is nonconforming because the property has two legal dwelling units but exceeds the current dwelling unit density requirement of the RL-1 zoning district. 969 10th Street

LEGAL DESCRIPTION:

See Exhibit A

APPLICANT:

Katharina Hoerath, K Works Studio

OWNER:

Monticello Ventures - Hardees, LLC

APPLICATION: ZONING: CASE MANAGER: VESTED PROPERTY RIGHT:

Nonconforming Use Review, LUR2025-00091 Residential – Low 1 (RL-1) Alex Pichacz No; the owner has waived the opportunity to create such right under Section 9-220, B.R.C. 1981

APPROVED MODIFICATIONS FROM THE LAND USE CODE: NONE This decision may be called up by the City Council on or before September 17, 2026. If no call-up occurs, the decision shall be deemed final on September 18, 2026. FOR CONDITIONS OF APPROVAL, SEE THE FOLLOWING PAGES OF THIS DISPOSITION. FOR A BUILDING PERMIT APPLICATION TO BE PROCESSED FOR THIS PROJECT, A SIGNED DEVELOPMENT AGREEMENT AND SIGNED FINAL PLANS MUST BE SUBMITTED TO THE PLANNING DEPARTMENT WITH DISPOSITION CONDITIONS AS APPROVED SHOWN ON THE FINAL PLANS. IF THE DEVELOPMENT AGREEMENT IS NOT SIGNED WITHIN NINETY (90) DAYS OF THE FINAL DECISION DATE, THE APPROVAL AUTOMATICALLY EXPIRES. Pursuant to Section 9-2-12 of the Land Use Code (B.R.C. 1981), the Applicant shall obtain applicable building permit approvals and start construction within three years of the date of final approval or in compliance with the phasing plan if one was approved. Failure to comply with the three-year rule or approved phasing plan may cause this development approval to expire.

For a use review without construction requiring a building permit, the use must be established within three years of the date of final approval. At its public hearing on August 18, 2026, the Planning Board approved the request with the following motions: Motion by C. Hanson Thiem and seconded by M. Roberts to 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, as amended by the planning board with the following motions: Motion to amend the main motion by K. Nordback, 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. Motion to amend by C. Hanson Thiem, 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. The board voted on the main motion made by C. Hanson Thiem, as amended with the additional conditions of approval noted above. Planning Board voted 5-1 (M. McIntyre dissenting, M. Robles absent). Motion passed. CONDITIONS OF APPROVAL 1.

The Applicant shall ensure that the development shall be in compliance with all plans prepared by the Applicant on May 15, 2026, and the Applicant’s Written Statement dated January 17, 2026, all on file in the City of Boulder Planning Department, except to the extent that the development may be modified by the conditions of this approval. Prior to building permit issuance, the Applicant shall execute and record with the Boulder County Clerk and Recorder, in a form approved by the City of Boulder, a signed Declaration of Use against the subject property indicating that the attic of the principal building will not be used as a bedroom or dwelling unit and that the detached garage is dedicated to use as bike parking and storage space.

2.

The Applicant shall submit to the City 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.

3.

The property owner shall post on the property prominent signage visible from the public right-of-way listing the property manager or management company and contact information.

4.

The Applicant shall not expand or modify the approved use, except pursuant to Subsection 9-2-15(h), B.R.C. 1981.

Approved On: August 18, 2026 Date By: ____________________________________________________ Brad Mueller, Secretary of the Planning Board

EXHIBIT A LEGAL DESCRIPTION

LOTS 40 AND 41, BLOCK 10, UNIVERSITY PLACE, COUNTY OF BOULDER, STATE OF COLORADO.