John Scarffe, Boulder County. The Boulder County Commission conditionally approved driveway grading and a residence at 342 County Road 99 during a virtual meeting on Thursday, June 11,2020. Boulder County Staff Planner Ryan Kacirek introduced the request for a Limited Impact Special Review.

It would allow for 2,007-cubic-yards of non foundational grading, 888 cubic yards of non-foundational earthwork to construct a driveway and a Site Plan Review for a 3,088-square-foot residence on a 14.71-acre parcel with a presumptive size maximum of 2,938-square-feet. Michael and Julie Wall submitted the request with Agent Betters Construction. 

The proposed project is in the Forestry (F) Zoning District, primarily on the east side of County Road 99, about 0.25 miles north of the intersection of County Road 99 and State Highway 72, in Section 28, Township 1S, Range 72W, six miles southeast of Nederland near the Boulder County and Gilpin County border. 

The Limited Impact Special Review is required for the non-foundational earthwork portion of the application because it exceeds 500 cubic yards. The Site Plan Review is required for the residence because it is proposed on a vacant parcel.

The proposed driveway intersects with County Road 99 about 0.4 miles north of the intersection of County Road 99 and State Highway 72. The parcel slopes steeply from the northeast to southwest, dropping about 240 feet from its highest point near the northeast corner to the lowest point along the southwest property line. 

As a result, a significant amount of non-foundational earthwork is required to construct a driveway, emergency pullouts and an emergency turnaround that meets the Boulder County Multimodal Transportation Standards (MMTS) and provides access to the proposed structure. The 888 cubic yards of non-foundational earthwork consists of 390 cubic yards of cut and 498 cubic yards of fill for the driveway, and 470 cubic yards of foundational earthwork consisting of 390 cubic yards of cut and 80 cubic yards of fill for the foundation of the structure. The proposed driveway utilizes a partially cut existing driveway that was constructed without permits by the previous landowner. 

The existing driveway cut does not meet MMTS and requires upgrades related to drainage improvements, emergency pullouts and an emergency turnaround. The existing cut leads to a location where an area for a foundation was partially cut on the property without permits. The proposed residence is located in the area of this cut to reduce disturbance.

The residence would consist of a 686-square-foot basement, 1,577-square-foot first floor and an 825-square-foot attached garage located underneath the first floor. The presumptive size maximum for the defined neighborhood, the area within 1,500 feet of the parcel, is 2,938 square feet. To overcome the size presumption, the size of the resulting development on the parcel may not exceed the median residential floor area of those adjacent to the subject property that are over the size presumption. 

For the subject parcel, three adjacent parcels are over the presumptive size maximum, consisting of 6,565 square feet at 301 County Road 99, 6,604 square feet at 1012 County Road 99 and 7,545 square feet at 1185 County Road 99, making the median residential floor area of the adjacent properties 6,604 square feet. The total resulting residential floor area for the proposal is 3,088 square feet which is less than the median residential floor area of the adjacent properties. 

Staff finds the presumptive size maximum can be overcome, and staff supports the length of the driveway and the non-foundational earthwork. The applicant applied for and went through an on-site pre-application meeting with staff and met on site with staff on May 3, 2019, to discuss the location of a residence on the property. 

Staff and the applicant agreed that the location of the previously cut foundation was the best location for the home, and staff recommended using the existing driveway cut for the proposed driveway. Staff recommended requiring the applicants to submit updated cut and fill calculations for review and approval by the Community Planning and Permitting Department at the time of building permit application. 

With the recommended conditions of approval, staff found that the proposed development can meet all the Limited Impact Special Review Criteria and the Site Plan Review Standards. Staff has determined that, as conditioned, the proposal can meet all the applicable criteria of the Boulder County Land Use Code for Limited Impact Special Review and for Site Plan Review and recommended that the Board of County Commissioners conditionally approve the docket subject to 16 conditions.

During the applicant’s presentation, Sandy Betters with Betters Construction said the owners want to fix the road problems as well. They are helping by building this house and would like to put the house in a previously disturbed area. 

The residence will be one story with three bedrooms and two three-quarter baths. It will blend into the area with appropriate colors and will be tucked into a valley. They do plan to build retaining walls to mitigate erosion problems. 

The driveway follows the previous cut, and they are working with Boulder County regarding the turnaround. They will also take care of drainage and water issues. They have talked to all the required agencies and the public.

Commission Chair Deb Gardner said this seems pretty straightforward. The current condition is not ideal, and it will be in better shape than before. Commissioner Matt Jones said he appreciates all the work by staff to minimize impact. 

It meets all the criteria, Jones said, and he moved for approval. With Commissioner Elise Jones absent, the board conditionally approved the Limited Impact Special Review.

(Originally published in the June 18, 2020, print edition of The Mountain-Ear.)