Attachment B - Planning Board Notice of Disposition

CITY OF BOULDER PLANNING BOARD NOTICE OF DISPOSITION You are hereby advised that on April 7, 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: LEGAL DESCRIPTION: APPLICANT: OWNER: APPLICATION: ZONING: CASE MANAGER: VESTED PROPERTY RIGHT:

APPROVED WITH CONDITIONS 1039 MAPLETON RESIDENCE Site Review for a Height Modification only for a detached dwelling unit located at 1039 Mapleton Ave. The height modification is necessary to add habitable space above the by-right height and to document the changing low point due to a proposed building expansion. No other modifications are included. 1039 MAPLETON AVE. See Exhibit A GEORGE WATT, WATT ARCHITECTURE Charles and Sylvia Dauber Revocable Trust 02/22/2002 Site Review with Height Modification Only, LUR2024-00028 Residential – Low 1 (RL-1), Residential – Mixed 1 (RMX-1) Alison Blaine 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: • Section 9-7-1, Schedule of Form and Bulk Standards: Height modification of 41.9 feet where a maximum of 35 feet in the RL-1 zone is otherwise allowed by-right. This decision may be called up by the City Council on or before May 7, 2026. If no call-up occurs, the decision is deemed final on May 8, 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 FINAL PLANS FOR CITY SIGNATURE 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 must obtain applicable building permit approvals and start construction within three years from the date of final approval. Failure to comply with the three-year rule or approved phasing may cause this development approval to expire.

At its public hearing on April 7, 2026, the Planning Board approved the request with the following motions: On a motion by C. Hansom Thiem and seconded by ml Robles, the Planning Board voted 7-0 to approve Site Review application #LUR2024-00028, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, and subject to the recommended conditions of approval. CONDITIONS OF APPROVAL 1.

The Applicant shall ensure that the development shall be in compliance with all plans prepared by the Applicant on January 25, 2026, 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.

2.

Prior to a building permit application, the Applicant shall submit, and obtain City Manager approval of, a Technical Document Review application for the following items:

3.

a.

Final architectural plans, including material samples and colors, to ensure compliance with the intent of this approval and compatibility with the surrounding area. The architectural intent shown on the plans prepared by the Applicant on January 25, 2026, is acceptable. Planning staff will review plans to assure that the architectural intent is performed.

b.

A final site plan that includes detailed floor plans and section drawings.

c.

A final utility plan meeting the City of Boulder Design and Construction Standards.

d.

A final storm water report and plan meeting the City of Boulder Design and Construction Standards.

e.

Final transportation plans meeting the City of Boulder Design and Construction Standards and Colorado Department of Transportation (CDOT) Access Code Standards for all transportation improvements. These plans must include but are not limited to: street plan and profile drawings, street cross-sectional drawings, signage and striping plans in conformance with Manual on Uniform Traffic Control Devices (MUTCD) standards, transportation detail drawings, geotechnical soils report, and pavement analysis.

f.

A detailed landscape plan, including size, quantity, and type of plants existing and proposed; type and quality of non-living landscaping materials; any site grading proposed; and any irrigation system proposed to ensure compliance with this approval and the City's landscaping requirements. Removal of trees must receive prior approval of the Planning Department. Removal of any tree in City right of way must also receive prior approval of the City Forester.

g.

A detailed outdoor lighting plan showing location, size, and intensity of illumination units, indicating compliance with Section 9-9-16, B.R.C. 1981.

h.

A detailed shadow analysis to ensure compliance with the City's solar access requirements of Section 9-9-17, B.R.C. 1981.

Prior to a building permit application, the Applicant shall dedicate to the City, at no cost, the easements necessary to serve the development, including, but not limited to, the following easements as shown on the plans prepared by the Applicant on February 4, 2026, meeting the City of Boulder Design and Construction Standards, as part of Technical Document Review applications, the form and final location of which shall be subject to the approval of the City Manager: a.

A Ditch Easement for the Farmers Ditch.

4.

Prior to a building permit application, the Applicant shall submit to the City, and obtain approval of, the following lot line elimination or the equivalent meeting the requirements of Chapter 9-12, “Subdivision,” B.R.C. 1981, as part of Technical Document Review application: a.

A lot line elimination between a portion of Lot 8, Lot 9, and Lot 10, Block 1, Breath’s Subdivision, City of Boulder, County of Boulder, State of Colorado.

5.

Prior to a building permit applicant, the Applicant shall demonstrate to the City that a maintenance easement has been secured between the Property Owner of 1039 Mapleton Ave. and the Property Owner of 1037 Mapleton Ave. of the adjacent parcel to the west for the new detached garage per Subsection 9-7-2(b)(2), B.R.C. 1981.

6.

The Applicant shall be responsible for maintaining all stormwater quality improvements and stormwater detention improvements, including, but not limited to, permeable parking lot paving.

Approved with Conditions On:

April 7, 2026 Date

By: ____________________________________________________ Brad Mueller, Secretary of the Planning Board

EXHIBIT A LEGAL DESCRIPTION ALL OF LOTS 9 AND 10, BREATH'S SUBDIVISION OF OUTLOT NO. 1 OF SQUIRES ADDITION TO WEST BOULDER, AND ALSO A TRIANGULAR PIECE IN THE NORTHEAST CORNER OF LOT 8, IN SAID BREATH'S SUBDIVISION OF OUTLOT NO. 1 OF SQUIRES ADDITION TO WEST BOULDER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 8, 60 FEET; THENCE IN A SOUTHEASTERLY DIRECTION TO A POINT ON THE EAST LINE OF SAID LOT 8, 35 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 8, 35 FEET TO THE PLACE OF BEGINNING, COUNTY OF BOULDER, STATE OF COLORADO.