AGENDA ITEM SUMMARY BUSINESS OF THE CITY

COUNCIL CITY OF GOLDEN, COLORADO

Quasi Judicial Matter

MEETING DATE: October 26, 2021 REPORT DATE: October 15, 2021

CASE NO: PC21-21

DEPT. OF ORIGIN: Community and Economic Development

APPLICANT: Adam Pritz

REQUESTED ACTION: Special exception to the provisions of the temporary moratorium enacted by Ordinance 2165, regarding a building permit application for an addition to a one-household dwelling building at 352 Goldco Circle.

EXHIBITS: 1. Resolution No. 2812 2. Vicinity map

3. Application materials 4. Ordinance 2165

CITY COUNCIL AUTHORITY TO GRANT RELIEF On July 13, 2021, City Council approved Ordinance 2165, enacting a 180-day temporary moratorium on the acceptance and processing of certain building permit requests and land use approvals, to allow time for the City to complete the final draft of the zoning code rewrite and conduct the public hearing process for adoption. In approving Ordinance 2165, City Council included a section granting Council the authority to allow a special exception to the limitations enacted by the moratorium in cases of “undue, substantial hardship”. In the case of such requests, City Council is authorized, after specific legal notice, to conduct a public hearing and upon findings listed below, to grant an exception to the moratorium. In this case, such exception would direct City staff to review a building permit application for an addition to a one household dwelling unit within the R-1 zone district, as requested by Mr. Pritz, the applicant.

PC 21-21 City Council Special Hearing Page 2 Section 4 of Ordinance 2165 states that City Council may grant the special exception if it finds all of the following: (i) The issuance of the building permit, or processing of the site plan or Special Use Permit, is necessary to prevent undue, substantial hardship for the applicant; and (ii) The issuance of the building permit, or processing of the site plan or Special Use Permit, will not affect the public interest or the purpose and reasons for this moratorium; and (iii) The issuance of the building permit, or processing of the site plan or Special Use Permit, will be in accordance with all of the ordinances and regulations of the City of Golden as if the moratorium were not in effect. DESCRIPTION OF REQUEST The request is detailed in the attached letter from the applicant. In this letter, the applicant expresses the nature and extent of the hardship he believes would result from the delay in processing his building permit application. The current structure is 951 square feet in size, according to the County Assessor, and sits on a lot that is 9,195 square feet in area. The request is to add a third bedroom to the home that would be approximately 110 square feet, located below ground in what is currently the crawl space beneath the principal structure. Based upon this evidence from the applicant and further testimony that may occur at the hearing, City Council should make a determination as to whether the applicant’s hardship rises to “undue and substantial”. This determination will be based on Council’s collective judgement. In addition to the issue of hardship, Council is also required to make a finding related to whether the granting of the requested special exception “will not affect the public interest or the purpose and reasons for this moratorium”. City Council’s deliberation regarding this finding may include the proposed building design and its’ context. In this deliberation, Council may wish to consider that the property lies within the R-1 zone district, and is designated as the Peripheral Form Zone in the terminology of the draft zoning code rewrite document and the accompanying zoning map. The Peripheral Form Zone is designated for one-household dwelling units, and the form types available have an above ground size limit of 3,000 square feet, which is well in excess of the current 951 square foot structure. Given that the 110 square foot addition is proposed to be below grade, it would likely not have any perceived impact on the above ground size or character of the existing structure. Following the hearing and Council’s deliberation, Council should also make a finding as to whether the exception would meet the criteria that it “will not affect the public interest or the purpose and reasons for this moratorium” Staff will ensure that the third finding, regarding compliance with all relevant city codes, will be

PC 21-21 City Council Special Hearing Page 3 met. STAFF COMMENTS Staff recommends that Council consider the available information and deliberate the specific findings from Ordinance 2165 listed above. The attached Resolution 2812 is drafted for approval. Council may choose to amend the Resolution or to approve it or deny it. If the decision is to deny the requested special exception, the City Attorney may suggest the preparation of a new resolution with specific findings for denial for a future vote.

RESOLUTION NO. 2812

A RESOLUTION OF THE GOLDEN CITY COUNCIL GRANTING A SPECIAL EXCEPTION TO THE MORATORIUM IMPOSED BY ORDINANCE 2165 ON THE ACCEPTANCE AND PROCESSING OF A BUILDING PERMIT FOR EXPANSION OF A SINGLE-FAMILY HOUSEHOLD STRUCTURE AT 352 GOLDCO CIRCLE, AS REQUESTED BY ADAM PRITZ

WHEREAS, on July 13, 2021, the Golden City Council enacted Ordinance 2165 implementing a temporary moratorium on the acceptance and processing of applications for certain types of building permits and site development plans, including construction of new structures and additions in the R1, R1A, R2, and R3 zone districts; and

WHEREAS, Ordinance 2165 provides a process and opportunity for an applicant to submit a request to City Council for a special exception from the moratorium, which Council may grant if it finds that the applicant will suffer an undue, substantial if the special exception is not granted, that the public interest and reasons for the moratorium will not be affected, and that acceptance and processing of the application will comply with applicable City regulations; and

WHEREAS, Adam Pritz (“Applicant”), owner of a one household property within the R1 zone district, has submitted an application and supporting documentation to the City requesting that Council conduct a public hearing on the request and grant a special exception to the moratorium; and

WHEREAS, Pursuant to the requirements of Ordinance 2165, notice of the public hearing has been provided, including a letter mailed to the property owner, posting of a sign on the subject property, and publication of a legal notice in the Golden Transcript, all of which occurred seven days prior to the hearing; and

WHEREAS, on October 26, 2021, City Council conducted a public hearing on the requested special exception, accepting and reviewing evidence and testimony related thereto.

THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLDEN:

Section 1. Based on the evidence and testimony presented in the course of the public hearing, City Council finds that:

a) The acceptance and processing of a building permit to construct a below-grade addition to a single-family household structure located at 352 Goldco Circle in the R1 zone district is necessary to prevent undue, substantial hardship to the Applicant; and

b) The acceptance and processing of a building permit to construct an addition to a single-family household structure at 352 Goldco Circle, as generally depicted in the October 1, 2021 application for a special exception, will not affect the public interest or the purpose and reasons for this moratorium; and

c) The acceptance and processing of a building permit to construct an addition to a single-family household structure at 352 Goldco Circle, will be in accordance with all of the ordinances and regulations of the City of Golden as if the moratorium were not in effect.

Resolution No. 2812 Page 2

Section 2. City Council hereby grants a special exception to the provisions of the moratorium enacted by Ordinance 2165, and authorizes City staff to accept and process an application from the Applicant for a building permit in accordance with all applicable City codes and requirements.

Adopted this 26th day of October, 2021. ______________________________ Laura M. Weinberg Mayor ATTEST: _______________________________ Monica S. Mendoza, CMC City Clerk APPROVED AS TO FORM: __________________________________ Kathie B. Guckenberger City Attorney

I, Monica S. Mendoza, City Clerk of the City of Golden, Colorado, do hereby certify that the

foregoing is a true copy of a certain Resolution adopted by the City Council of the City of Golden, Colorado at a regular business meeting thereof held on the 26th day of October, 2021.

(SEAL) ATTEST: Monica S. Mendoza, City Clerk of the City of Golden, Colorado

Vicinity Map0 7035

Feet

.Case No.: PC21-21Location: 352 Goldco Cir Request: Moratorium Exception

Gregory Dr

Goldco Cir

Washington Ave

October 1, 2021

City of Golden1445 10th StreetGolden, CO 80401

To Whom It May Concern:

I am writing to request a special exception to the current moratorium, which prevents building projects within the City of Golden for an uncertain period of time (minimum next 3 months, per my current understanding). We believe that the moratorium is causing undue, substantial hardship for our family for the following reasons. We have a family of 4 in a 2 bedroom house. Our newborn son (5 months old) is sleeping in our room and he consistently prevents us from getting good sleep. Our productivity at work is suffering. Plus, we believe that being constantly run down makes us more exposed to potential Covid infection. I should mention that my wife, Denise, works as a Physician Assistant in Pediatric Infectious Disease, where she regularly examines Covid patients in Denver. We need better sleep in order to ensure we stay healthy and productive during the upcoming months (sick season is just beginning).

We have plans to add a 3rd bedroom in the basement of our home in an area which is currently a crawlspace below our dining room addition. The new bedroom will allow my wife and I to get much better sleep. It will also allow both of our children to get better sleep as we work on properly sleep training our newborn in his own bedroom. By allowing us to move forward with this project immediately with a special exception to the current building moratorium, we believe the City of Golden can help alleviate our current undue, substantial hardship.

This new bedroom will be approximately 110 square feet. We have already enlisted a General Contractor and a licensed Engineer to design and build a bedroom below our dining room addition, per the high level plans enclosed with this letter. Please note: The plans contained herein are not intended to be comprehensive plans to obtain our building permit. These drawings are simply intended to give the City of Golden planning team enough information to allow them to determine that we are in no way planning to add onto our home in a way that would violate the existing or newly proposed City of Golden building code. Detailed building plans, included stamped engineering drawings, can be provided in a timely manner once we receive the special exception, so that we can keep the project on schedule.

Please don’t hesitate to reach out with questions regarding our plans, should you require any clarification.

Respectfully,Adam

Adam Pritz352 Goldco CircleGolden, CO 80403atpritz@gmail.com303.956.2249

Exterior of dining room addition:

Front of dining room addition:

Side of dining room addition:

Current entrance to basement crawlspace:

Crawlspace interior, left:

Crawlspace interior, right:

ORDINANCE NO. 2165

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFGOLDEN, COLORADO, PROVIDING FOR A 180 DAYMORATORIUM ON THE ACCEPTANCE AND PROCESSING OFAPPLICATIONS FOR BUILDING PERMITS FOR NEWHOUSEHOLD DWELLING UNIT STRUCTURES IN THE R1, R1A, R2 AND R3 ZONE DISTRICTS , BUILDING PERMITS FORTHE EXPANSION OF HOUSEHOLD DWELLING UNITSTRUCTURES IN THE R1, R1A, R2 AND R3 ZONE DISTRICTS, OR SITE DEVELOPMENT PLAN APPROVAL UNDER GMCCHAPTER 18.40 FOR HOUSEHOLD DWELLING UNITSTRUCTURES IN THE R1, R1A, R2 AND R3 ZONE DISTRICTS

WHEREAS, in 1960, the City of Golden enacted Ordinance 454 zoning much of the developedcore of the community a combination of various zone districts, including R1, R1A, R2 and R3, therebyallowing a mix of single household and low and moderate density residential uses; and

WHEREAS, recent increased development activities in the state in general, and specifically inthe City of Golden have resulted in the construction of structures of such mass and scale with densities thatmay be detrimental to the goals of maintaining the neighborhood character sought to be achieved asarticulated in Golden Vision 2030 and the Comprehensive and Neighborhood Plans; and

WHEREAS, in 2019, the City of Golden amended Chapter 18 of the Golden Municipal Codethe “ Code”), establishing new zoning controls on the scale of development in the R2 and R3 zone districts,

including bulk plane requirements, lot coverage limits, and a reduction in the allowed height from 35 feetto 30 feet; and

WHEREAS, notwithstanding the 2019 Code amendments, residents and the City PlanningCommission continue to raise concerns that development in the R1, R1A, R2 and R3 zone districts isinconsistent with the bulk, mass, and scale of existing structures; and

WHEREAS, the City currently is rewriting its zoning code, which rewrite (the “ New ZoningCode”) will include, among other things, new standards for development in the R1, R1A, R-2 and R-3 zonedistricts; and

WHEREAS, the New Zoning Code will take effect only once the form zones included thereinare mapped to the City and the new zoning map (the “New Zoning Map”) is adopted by City Council; and

WHEREAS, the City anticipates developing the New Zoning Map in phases and intends toinitiate public engagement on the New Zoning Map for the R1, R1A, R2 and R3 zone districts in latesummer/early fall 2021; and

WHEREAS, the City anticipates presenting the New Zoning Code and the New Zoning Map forthe R2 and R3 zone districts for City Council’ s review and formal adoption in fall 2021; and

WHEREAS, the City Council finds that there is a potential for, and the likelihood of, thecontinued submission of building permit and site development plan applications for household dwellingunits during the next weeks and months prior to adoption of the New Zoning Code and the New ZoningMap for the R1, R1A, R2 and R3 zone districts; and

Ordinance No. 2165Page 2

WHEREAS, the imposition of a 180- day moratorium on the acceptance and processing ofapplications for building permits for new one household, two household, multiple household, or accessorydwelling unit structures in the R1, R1A, R2 and R3 zone districts, building permits for the expansion ofexisting household dwelling unit structures in the R1, R1A, R2 and R3 zone districts, and site developmentplan approval under Code Chapter 18.40 for two household, multiple household, or accessory dwelling unitstructures in the R1, R1A, R2 and R3 zone districts, will preserve the status quo and allow City Council toinvestigate, consider, and, if advisable, adopt the New Zoning Code and New Zoning Map for R1, R1A, R2 and R3 Zone Districts; and

WHEREAS, the duration of the moratorium imposed by this ordinance is reasonable in lengthand is no longer than is required for the City to properly develop, adopt and implement the New ZoningCode and New Zoning Map for R1, R1A, R2 and R3 Zone Districts; and

WHEREAS, owners and developers of real property affected by this ordinance desiring toconstruct new structures will not be unfairly prejudiced by the imposition of the short, temporarymoratorium proposed by this ordinance.

THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GOLDENCOLORADO:

Section 1. A moratorium is imposed upon the acceptance and processing of applications for: i) building permits for new one household, two household, multiple household, or accessory dwelling unit

structures in the R1, R1A, R2 and R3 zone districts, (ii) building permits for the expansion of an existingone household, two household, multiple household, or accessory dwelling unit structure in the R1, R1A, R2 and R3 zone districts, and ( iii) site development plan approval under Code Chapter 18.40 for new orexpanded two household, multiple household, or accessory dwellingunit structures in the R1, R1A, R2 andR3 zone districts. This moratorium applies only to applications for new structures and expansions toexisting structures; it shall not apply to remodeling work that does not result in an expansion to an existingstructure.

Section 2. The moratorium imposedbythisordinanceshall commenceas of theeffective dateof this ordinance and shall expire 180 days thereafter, unless sooner repealed.

Section 3. No new allocations will be granted under Chapter 18.70 of the Code for theprojects described in Section 1 until the moratorium imposed by this ordinance expires or is repealed.

Section 4. The City Council shall have the power to grant a special exception to themoratorium established in this ordinance, and to order the acceptance and processing of the applicationsidentified in Section 1, that would otherwise be prohibited by this moratorium, if the following conditionsare met, as determined in the sole satisfaction and discretion of City Council:

a) A writtenapplicationfor a special exceptionmust be submittedto the City Clerk indicatingthe exact nature of the project proposed and the building permit and/or site development plan sought to besubmitted, stating with particularity the circumstances of the undue, substantial hardship that the applicantwill suffer if the special exception is not granted;

b) Within thirty (30) days of the City Clerk’ s receipt of a written application for a specialexception, the City Council shall hold a public hearing on the application for a special exception. Notice

Ordinance No. 2165Page 3

of such hearing shall be given by mail to the owner of the property, or its agent, at least seven ( 7) days priorto the public hearing. Notice of such hearing also shall be posted on the property and published in anewspaper with general circulation within the City of Golden at least seven ( 7) days prior to the publichearing.

c) City Council may grant the special exception if it finds all of the following:

i) The acceptance and processing of the building permit or the sitedevelopment plan is necessary to prevent undue, substantial hardship for the applicant; and

ii) The acceptance and processing of the building permit or the sitedevelopment plan will not affect the public interest or the purpose and reasons for this moratorium; and

iii) The acceptance and processing of the building permit or site developmentplan will be in accordance with all of the ordinances and regulations of the City of Golden as if themoratorium were not in effect.

Section 5. The provisions of this ordinance and the moratorium imposed hereby shall notaffect or otherwise prohibit the processing of applications for uses and proposals outside of the specificscope defined herein.

Section 6. All other ordinances or portions thereof inconsistent or conflicting with thisordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

Section 7. The repeal or modification of any provision of the Golden Municipal Code by thisordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeitureor liability, either civil or criminal, which shall have been incurred under such provision. Each provisionshall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for thepurpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in suchactions, suits, proceedings or prosecutions.

Section 8. This ordinance is deemed necessary for the protection of the health, welfare andsafety of the community.

Introduced, read, passed and ordered published this 15th day of June, 2021.

Passed and adopted upon second reading and ordered published this 13th day of July, 2021.

Laura M. WeinbergMayor

Ordinance No. 2165Page 4

ATTEST:

Monica S. Mendoza, CMCCity Clerk

APPROVED AS TO FORM:

Kathie B. GuckenbergerCity Attorney

I, Monica S. Mendoza, City Clerk of the City of Golden, Colorado, do hereby certify that theforegoing ordinance was introduced on first reading and read at a regular business meeting of the CityCouncil of said city, held on the 15th day of June, 2021 and was published as a proposed ordinance on thecity website as the law directs seven days or more prior to its passage. A public hearing was held on the13th day of July, 2021, and the said proposed ordinance was read on second reading. The ordinance waspassed by the City Council and ordered published on the City of Golden website, as the law directs on the13th day of July, 2021.

Witness my hand and official seal of the City of Golden, Colorado, on the 13th day of July, 2021.

SEAL) ATTEST:

MONICA S. MENDOZAMonica S. Mendoza, City Clerk of the City of Golden, Colorado

Kathie Guckenberger ( Jul 21, 2021 09: 38 MDT)

Kathie Guckenberger