Staff Report

ITEM NO. H-7

REPORT DATE. 4/9/02

ASSESSOR=S PARCEL: 039-101-22

ENVIRONMENTAL DETERMINATION:

This proposal is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303(e).

PROPOSAL:

The applicant has submitted a request to construct a new garage, dining room addition, and various landscape improvements on a property located at 22 Seafirth Place. The existing home is located on a corner lot, with three of the four sides fronting a street.

The floor area of the proposed garage is approximately 600 square feet, and would be located on the southwest side of the property. The dining room addition is approximately 100 square feet in size, and located on the southeast side of the residence. There would also be a new storage area created below the garage, which is proposed to be 170 square feet in size. The total square footage of the house would increase to approximately 3,780 square feet.

The landscaping improvements proposed for the site include a new trellis feature on the west side, a flat lawn area on the south side, and flagstone pavers and a new fence on the east side of the property. A sliding entry gate leading to the garage and stairs leading from street level down to the front door are also proposed.

Along with the proposed additions, the applicant is requesting variances for reduced rear yard setback and increased lot coverage. The required rear yard setback according to the RO-2 zoning district regulations is 25 feet. The proposed garage encroaches on the rear yard setback by a maximum of 4 feet. Therefore, the applicant is requesting a variance for a rear yard setback of 20’11" in lieu of the standard 25 feet. The existing structures on the site cover approximately 19.7 percent, which already exceeds the limit of 15 percent. The additions would increase the lot coverage further to 23.5 percent.

In addition, the applicant is requesting a Floor Area Exception. The existing floor area for the residence is 3,509 square feet, which already exceeds the floor area limit of 3,422 square feet for the site. The proposed additions would increase the floor area to a total of 3,780 square feet.

Zoning

As previously stated, the applicant is requesting variances for reduced rear yard setback and increased lot coverage, in addition to a Floor Area Exception. Staff finds the proposal to be in conformance with the remainder of the development standards for the RO-2 zone.

Design Issues

The colors and materials of the exterior of the proposed additions would match the existing vertical siding as seen on the existing residence. Other new exterior treatments would include new black asphalt shingles on the entire roof, new windows throughout the residence, new chimney caps, and new skylights on the east, west, and south sides of the roof.

The site currently has no covered parking spaces. The proposal to build an adequate two car is encouraged by staff. The additions would not significantly add size and bulk to the residence as seen from the south and east sides of the property. The most significant change would be the view from the north side of the structure, as the proposed garage extends higher than the existing storage shed. The design of the additions maintains the overall height of the structure and the garage is integrated well with the existing structure.

Floor Area Exception

Although the proposed construction is in excess of the floor area guidelines, the applicant may be granted a floor area exception if the following findings are made as stated in Section 4.02.08 of the Tiburon Zoning Ordinance:

1. The applicant has demonstrated that the visual size and scale of the proposed structure is compatible with the predominant pattern established by existing structures in the surrounding neighborhood.

The subject parcel is relatively small in comparison to other parcels in the vicinity, which results in less allowable floor area. The size of the proposed structure is similar in size to other homes in the neighborhood whose lot sizes are more consistent with the zoning district.

2. The applicant has demonstrated that the proposed structure is compatible with the physical characteristics of the site. The characteristics include, but are not limited to, the scale of trees, rock outcroppings, stream courses, land forms, and the dimensions of the lot.

The existing structure fits very well with the neighborhood, and because the proposed additions would follow the existing design and character, the additions would also fit well with the neighborhood. The proposed additions do not have a significant visual impact because of the natural screening provided by surrounding trees, and the topography of the site.

Variance

In order to grant the requested variance, the Board must make the following findings as required by Section 4.03.05 of the Tiburon Zoning Ordinance:

1. Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this Ordinance will deprive the applicant of privileges enjoyed by other properties in the vicinity and in the same or similar zones.

A. Lot Coverage:

The subject parcel is zoned RO-2, which is geared towards lots that are 20,000 square feet or more. The subject parcel is only 14,228 square feet, which results in the setback and lot coverage regulations having a greater restriction on the "building envelope" for this particular parcel. The size of the home, and the amount of property it covers, is similar to many homes in the RO-2 zoning district that have the benefit of having larger lots.

B. Reduced Rear Yard Setback:

The unusual configuration of the lot does not have well defined front, side, and rear yards. The garage is proposed to be located in the rear yard to maintain the low visual impact of the existing structure. By placing the garage in the location of the current uncovered parking spaces for the residence, the function and flow of the residence is also maintained.

2. The variance will not constitute a grant of special privileges, inconsistent with the limitation upon other properties in the vicinity and in the same or similar zones.

There have been similar variances granted at 55 Seafirth Road (1998), 70 Seafirth Road (1976), and 20 Seafirth Road (1978). Therefore, approving the proposed variance would not constitute a grant of special privilege to the applicant.

3. The strict application of this Ordinance would result in practical difficulty or unnecessary hardship.

A. Lot Coverage:

The proposed additions create additional floor area which enhances the livability of the residence by having a standard sized dining room. The proposed storage area under the garage would take the place of the highly needed and used storage space that is proposed to be removed as part of this project, and it would be a hardship to not allow the applicant to have the requested space.

B. Reduced Rear Yard Setback:

All new single family homes in the Town are required to have a two car garage. There are currently no covered parking spaces on the site, so the addition of the garage will update the property and make it more consistent with surrounding homes in the neighborhood. To strictly apply the Zoning Ordinance would result in a hardship because the applicant would have to rely on a substandard situation that is inconsistent with the goals of the Town.

4. The granting of the variance will not be detrimental to the public welfare or injurious to other properties in the vicinity.

As proposed, the addition would not result in significant privacy or other impacts detrimental to the public welfare or injurious to other properties in the vicinity.

Public Comment

To date, no public comments have been received regarding this project.

RECOMMENDATION:

It is recommended that the Board review this project with respect to Zoning Ordinance Sections 4.02.07 and 4.03.05 (Guiding Principles, and Variance Findings by Acting Body). If the Board finds that the design of the project is consistent with the Guiding Principles for Site Plan and Architectural Review, and all necessary findings can be made for the variances for excess lot coverage and reduced rear yard setback, then it is recommended that the project be approved with the attached Conditions of Approval.

1.    Conditions of Approval

2.    Application and supplemental materials dated February 20, 2002.

3.    Findings for the variances as submitted by the applicant.

4.    Plans for the project.

EXHIBIT 1

CONDITIONS OF APPROVAL

1.    This approval shall be used within 3 years of the approval date, and shall become null and void unless a building permit has been issued.

2.    The development of this project shall conform to the application received by the Town of Tiburon on February 20, 2002, or as amended by these conditions of approval. Any modifications to the approved plans must receive further design review and approvals.

3.    All exterior lighting shall be shielded downlighting.

4.    No lighting fixtures shall be located in the wells of the skylights, and the skylights shall be tinted in a non-reflective manner.

5.    Plans submitted to the Building Department for plan check shall be identical to those approved by the Design Review Board. If any changes are made to the approved Design Review plans, the permit holder is responsible for clearly identifying all such changes when submitted to the Building Department for plan check. Such changes must be clearly highlighted (with a "bubble" or "cloud") on the submitted plans. A list describing in detail all such changes shall be submitted and attached to the building plans, with a signature block to be signed by the Design Review Staff member indicating that these changes have been reviewed and are approved, or require additional Design Review. All changes that have not been explicitly approved by Staff as part of the Building Plan Check process are not approved. Construction that does not have Design Review approval is not valid and shall be subject to stop work orders and may require removal.