CB Council upholds BOZAR decision on deck reconstruction

Split decision…

The Crested Butte Town Council heard a rare appeal of a BOZAR (Board of Zoning and Architectural Review) decision on Monday, April 16 and by a 3-2 vote, they upheld the BOZAR decision.

The decision will allow the reconstruction of a backyard deck at a house on the 100 block of Sopris Avenue. The appeal came from the neighbor of the house.
The crux of the matter came down to a BOZAR decision allowing owners of a house at 120 Sopris to rehabilitate the structure. As part of the project, the owners wanted to reconstruct a second-story deck, making it two feet smaller, and move it away from the property line. Still, the deck would encroach about five feet onto the currently required side-yard setback.
The neighbors opposed the move saying that the deck was being rebuilt and thus should be considered a new project. And being a new project, it should fall under current town regulations. They maintain that the deck is too close to their home and impinges on their privacy.
Town Historic Preservation officer Molly Minneman said while the deck didn’t qualify as historic, it had “been there a very, very long time and the neighbors bought their property knowing that the deck was there.”
Architect Andrew Hadley told the council the homeowners wanted to bring the house closer to its historical nature. “Overall, the project improves the aesthetic of the home,” he said.
Attorney Jim Starr also represented the homeowners. “While it goes into the setback, it doesn’t encroach on the neighbor’s property,” he said. “I think legally, they should be allowed to do this as a matter of right.”
Neighbor Leslie Annand said that under the town rules, BOZAR should be looking at the deck reconstruction as a new project. “We love this town and have been coming here for 25 years,” she said. “If it was a first-floor deck, it would be no problem. But this really impacts our property and it gives the town a chance to clean this up. The bottom line is that this is supposed to be looked at as a new project and you are supposed to start from scratch.”
“Many of the houses in this neighborhood have this type of non-conforming situation, given the size of the lots and the past uses,” said Hadley. “It is part of the historic neighborhood. It’s part of what makes the neighborhoods unique.”
“We tried to work with the homeowners when they came in and we thought this worked well,” BOZAR chair Liz Sawyer told the council. “It was a unanimous vote.”
“If the deck is being rebuilt, the structure is no longer historical,” stated Councilperson and former BOZAR chair Glen Michel. “I understand what she (Leslie Annand) is saying and would not have voted to support this decision.”
“Not everything or every situation is cut and dried,” said Minneman.
“I understand the privacy issue,” said Mayor Aaron Huckstep. “I could almost jump to my neighbor’s deck. But that’s part of this town. To me, it doesn’t create any new negative impact.”
Ultimately, Michel and Councilperson Jim Schmidt voted to overturn the BOZAR decision. Councilmembers Huckstep, Roland Mason and Shaun Matusewicz voted to support the BOZAR decision.