Staff Report

ITEM NO. E-4

REPORT DATE. 5/29/02

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 fence and retaining wall along the east side of the property at 22 Seafirth Place. The proposed fence and wall would replace the existing fence and retaining wall located along the east property line. The new fence and retaining wall would have a maximum height of 10 feet on the south end, and minimum height of eight feet at the north end near the street. The maximum height for a fence or wall is six feet, therefore a variance is requested.

This project is part of larger site improvement plan for the property that includes an addition, a new garage, and various landscaping features. The existing fence is failing and in disrepair, and to make it consistent with the other improvements on the site, it would be replaced. In addition, the applicant would like to create a flat patio area in the rear yard, and because of the uneven topography on the site, fill soil would need to be brought in. The proposed wall would be needed to retain this new soil.

Zoning

The maximum allowable fence height within a required setback area is six (6) feet. When a wall and fence are approximately parallel, and within a horizontal distance of three (3) feet of each other, they are considered part of the same structure, and therefore cannot exceed a combined height of six feet. At the south end of the fence, the combined height of the fence and wall reaches a maximum of approximately 10 feet. Although the existing fence and wall are over six feet in height, the variance request applies to the entire length of the new fence along the east property line.

Design Issues

The existing fence is solid wood on the south end, and an open wire fence on the north end near the street. The new fence would be constructed of solid wood with vertical boards along its entire length. The plan indicates that there would be a one foot extension on top of the fence however the applicant has withdrawn this feature of the design. The fence would be approximately 5’4" in height excluding the extension and retaining wall. The overall height of the proposed structure would increase by only a matter of inches as seen from 30 Seafirth Place, the neighboring property.

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.

The applicant has suggested that the special circumstances to the property is that it sits 5’6" above the property immediately to the east (30 Seafirth Place). This elevation difference necessitates a taller fence than six feet. If the fence were built in strict compliance with the Zoning Ordinance, it would result in a fence that is less than two feet high as seen from the applicant’s property. This situation would limit the privacy of adjacent residences, and compromise the safety of pedestrians. Adding to the privacy concern is the fact that the residence at 30 Seafirth Place is only eight feet from the common property line, when the standard setback is 15 feet in this particular zoning district.

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.

The applicant has suggested that the proposed wall and fence will eliminate the current privacy concerns, and ensure the safety of the residents. Granting the variance would not constitute a special privilege inconsistent with the neighborhood as privacy, appearance, and safety are consistent throughout the neighborhood.

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

The lack of privacy and safety a six foot fence would provide would be an unnecessary hardship for the applicant.

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

This project is a replacement of a similar fence and wall design. Therefore since the old design was not detrimental to the public, then the slight changes in the new design are also not detrimental to the public.

Public Comment

To date, no public comments have been received regarding this project, although the project architect has stated that the adjacent neighbors are in support of the 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 variance for excess fence height, 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 April 29, 2002

3.    Letter in support of the variance findings.

4.    Plans prepared for the fence and retaining wall.

EXHIBIT 1  CONDITIONS OF APPROVAL  22 SEAFIRTH PLACE  FILE #20216

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 April 29, 2002, or as amended by these conditions of approval. Any modifications to the approved plans must receive further design review and approvals.

3.    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.