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<br />Page 13 of24 <br /> <br />of the occupants of the owner's accessory unit. Private open <br />space may include porches, balconies or patio areas. Decks, <br />porches, patios, terraces, and stairways, located at a height <br />greater than thirty inches above grade, shall be considered part <br />of the building coverage. <br /> <br />(v)Architectural design and materials shall be consistent with <br />the existing residence on the site or the adjacent building(s) <br />along the side yards of the lot. <br /> <br />(vi)Setbacks shall comply with accessory building setbacks. <br /> <br />(vii)The owner's accessory unit is in a building that has a <br />building coverage ofless than 500 square feet and the owner's <br />accessory unit does not exceed 450 square feet. <br /> <br />(b)Application: All applicants for owner's units shall apply on forms provided by the city manager <br />showing how and in what manner the criteria of subsection (a) of this section are met, provide a <br />statement of current ownership and a legal description ofthe property, and pay the application fee <br />prescribed by Section 4-20-43, "Land Use Regulation Fees," B.R.e. 1981. <br /> <br />(c)Review and Approval: All applicants for owner's accessory units shall meet the requirements of <br />Chapter 10-3, "Rental Licenses," B.R.C. 1981, but the city manager will issue a thirty-six-month <br />rental license for the rental unit and will conduct an inspection of the property to ensure compliance <br />with the standards and criteria of this section. <br /> <br />(1 )If after reviewing the application, but no fewer than ten days after posting of the <br />property, the city manager determines that the criteria of this section and the <br />requirements of Chapter 10-3, "Rental Licenses," B.R.C. 1981, are met, the manager will <br />grant the applicant a non-transferable permit for the use of an owner's accessory unit. <br /> <br />(2)Before receiving the permit, all owners shall sign and record, in the office of the <br />Boulder County Clerk and Recorder, a declaration of use, including all conditions for <br />continued use, in a form approved by the city manager that provides notice to all future <br />purchasers of the property that the use and occupancy restrictions outlined in this section <br />will apply to this property. Such declaration of use shall serve as actual and constructive <br />notice of the legal status of the owner's property. <br /> <br />(3)Ifthe application is denied, the applicant may appeal the manager's decision to the <br />planning board by delivering a written notice of appeal to the city manager within <br />fourteen days of the decision. <br /> <br />(d)Permit Required: No person shall maintain an owner's unit without an owner's unit permit. <br /> <br />(e)Variance of Building Coverag~: The city manager may grant a variance to the building coverage <br />requirements ofsubparagraQh 9-3.4-13~J11(E)Jvii}, B.R.C. 1981, upon finding that the following <br />conditions are met: <br /> <br />(l )The owner's accessory unit is created in a building that was legally in existence prior <br />to June 3, 1997; and <br /> <br />(2)A reduction in the building footprint size of the existing building to conform to the <br />500-square-foot limitation would create a substantial hardship for the applicant. <br /> <br />http://bcn.boulder.co. us/boulder/cao/934.html <br /> <br />5/28/99 <br />