Staff Report

ITEM NO. E-2

REPORT DATE. 5/294/26/02

ASSESSOR=S PARCEL: 039-211-0058-231-236

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 demolish the existing home and construct a new single-family dwelling on the property located at bedroom/bathroom addition, replace an existing rear deck with a new reconfigured deck, and install bay windows for the residence located at 177 Stewart Drive2 Berke Court. The proposed home would have six bedrooms on two levels, and would encompass approximately 5,344 square feet. The structure would occupy the footprint of the existing home.

Features of the first floor of the home would include five bedrooms, two bathrooms, exercise room, laundry room, and an open play room. On the second floor there would be a 750 square foot garage, living room, dining room, family room, kitchen, powder room, and master suite. The dining room and master bedroom would open up onto a balcony that runs the full length of the house, and extends 10’10" into the rear of the property. A spa would also be located on the rear balcony. The roof would be generally low sloping, with several skylights in various locations. The

existing home is located slightly below street level on an irregularly shaped lot. The existing home has two stories and a linear floor plan encompassing approximately 3,135 square feet.

The floor area of the proposed bedroom addition is approximately 600 square feet, and located on the north end of the residence. The bay windows would be installed on the west side of the residence, on both the lower level an upper levels, and would increase the floor area by approximately 150 square feet. The existing deck on the west side of the residence will be replaced with a smaller deck and spiral staircase. Other work proposed for the residence includes a new skylight above the kitchen on the east facing slope of the roof, a new entry door, and upgraded windows throughout. The total floor area of the additions would be approximately 750square feet,which would bring the residence to 3,886 square feet

Along with the proposed additionshome, the applicant is requesting a variance for reduced side yard setbackFloor Area Exception. The required side yard setbackmaximum allowable floor area for the project is 4,902. The Design Review Board approved a Floor Area Exception to increase the floor area to approximately 5,250 square feet on March 2, 2000 according to the RO-2 zoning district regulations is 15 feet. The new home would have a total of 5,344 square feet of floor area, which exceeds the standard by 442 square feet therefore a Floor area Exception is requested. The proposed addition encroaches on the side yard setback by a maximum of 3’1". Therefore, the applicant is requesting a variance for a side yard setback of 11’11" in lieu of the standard 15 feet.

HISTORY:

On March 2, 2000, the Design Review Board approved an application for the construction of additions and a swimming pool to an existing single-family dwelling, with a variance for reduced side yard setback and a Floor Area Exception, located at 2 Berke Court. The Building Department issued a building permit for the project in July, 2001.

Since that time, the applicants have reconsidered the scope of the project and have decided to make some minor changes to the approved plan. The changes include a dining room addition, rear deck extension, and an elevated roofline throughout the residence. These changes would have added approximately 94 square feet, and increased the height of the building by three feet. These changes were considered a minor alteration/remodel, and were approved by planning staff on January 22, 2002.

During the building permit compliance check for the above mentioned project, staff noted that the existing home was proposed to be demolished and rebuilt instead of merely remodeled as approved by staff. The Zoning Ordinance states that when more than 50% of the existing floor area of a structure is demolished, the project constitutes new construction rather than a remodel. Therefore, the staff level approval for the project has been nullified. This application is for new construction of more than 500 square feet, which is not in the purview of planning staff to review, so the application has been forwarded to the Design Review Board for review.

Zoning

As previously stated, the applicant is a requesting a variance for reduced side yard setbackFloor Area Exception. Staff finds that the project is in conformance with the remainder of the development standards for the RO-2 zoning district.

Design Issues

The architectural style of the existing structure would be maintained. The siding on the proposed home would be pink colored stucco, which is the same as the existing structures. The roof materials would be changed to a clay barrel tile roof instead of the existing wood shake shingles. A color and materials board will be made available for the Board meeting.

The existing house is below the street level of Berke Court. The property slopes upward toward Acela Drive and down to the rear. Extensive mature landscaping along the northern side of the property helps screen much of the house from view from adjacent properties to the north. Other homes on Berke Court are oriented away from the subject property. For these reasons the proposed house would not cause significant view impacts for surrounding properties even though the proposed house would be larger than the existing house.

The neighboring property owners signed a petition in support of the addition and variance that was approved in March 2000, and there were no objections during the staff level review of the deck and dining room extension, and modified roofline that was approved in January 2002. Therefore, it is reasonable to assume that the neighboring property owners would not object to this project which incorporates all of the above changes.

The colors and materials of the exterior of the proposed additions would match the existing residence. The siding on the proposed addition would be T1-11 plywood, and the roofing materials would be wood shingles

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.

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.

There was a significant addition approved for the ground floor of the existing residence by the Design Review Board on March 2, 2002. A dining room addition, deck extension, and modified roof line was approved for the existing residence by planning staff on January 22, 2002. During the review periods for these projects, it was found that the visual size and scale of the house would not be dramatically changed because the additions were spread out around the house rather than concentrated in one area or one side of the house. The new structure would retain these same characteristics so the visual size and scale of the house would continue to be compatible with the site.

Although the proposed floor area would be larger than other homes in the vicinity, the location of the existing house is below street level and below other homes on Acela Drive, which would minimize the additional mass and bulk visible from neighboring properties. The proposed construction would also not alter the relationship of the existing house to the site as the new structure would be built in the same footprint as the existing structure.

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.

As proposed, the project meets the floor area requirements (You should mention this up in the Proposal section). However, the plans indicate that there would be a significant crawl space created under the proposed addition, and if in the future this crawl space were converted to living space, the property would exceed its floor area limit. In light of past problems with the conversion of sub-floor areas, it is important for the Board be aware of this situation. As long as this space remains unfinished and unexcavated, it would not contribute to the overall floor area of the residence, and the property would remain in conformance with the floor area requirements.

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 project architect has suggested that the shape and topography of the site limits the expansion potential of the existing house. The site’s boundaries are an irregular trapezoidal shape, and the property slopes steeply downhill beyond the established building pad/pool area. The least disruptive areas of expansion for the existing house are on the north and south sides of the house (Is this a special circumstance?).

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 many variances granted in the neighborhood for reduced front and rear yard setbacks. More specifically, variances for side yard setbacks have been approved for 197, 197, and 199 Stewart Drive.

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

The project architect has suggested that the strict application of the Zoning Ordinance would result in either one of the two following design alternatives, each (both?) of which would constitute a hardship for the property owners:

Placement of the addition within the only level, usable yard area of the site, thereby eliminating such area and obstructing views from the existing living areas, or;

A significant reduction of the master bedroom/bath addition’s square footage, which would restrict the owner’s enjoyment of their property.

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

As noted above, 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 4.023.058 (Guiding Principles, and Variance Floor Area Exception 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 the necessary findings can be made for the variance for reduced side yard setbackFloor Area Exception, 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 March 26May 2, 2002.

3.    Findings for the variances as submitted by the applicantLetter from the project architect dated May 7, 2002 describing the project.

4.    Plans for the project.

EXHIBIT 1

CONDITIONS OF APPROVAL

1. This approval shall be used within three (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 dated by the Town of Tiburon on May 2, 2002, or as amended by these conditions of approval. Any modifications to the plans must be reviewed and approved by the Design Review Board.

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.

4.    The applicant must meet all requirements of other agencies prior to the issuance of a building permit for this project.

5.    All skylights shall be bronzed or tinted and no lights shall be placed in the wells.

6.    All exterior lighting fixtures other than those approved by the Design Review Board must be down light type fixtures.

7.    The "future cooking area for possible rental" is not approved with this application. Please revise the plans so there is not more than one kitchen facility so the structure meets the requirements of a single-family home, prior to the issuance of a building permit.

8.    Prior to underfloor inspection, a certified survey of the structure foundation will be required. Required documents shall include graphic documentation locating the building on a site plan and including specific dimensions from property lines and other reference points as appropriate, and elevations relative to sea level of the foundation walls and slabs. No inspections will be provided until the survey results have been verified.

9.    The project shall comply with the following requirements of the Tiburon Fire Protection District:

a.    The structure shall have installed throughout an automatic fire sprinkler system in accordance with NFPA standard 13-D (UFC 1003).

b.    Approved smoke alarms shall be installed to provide protection to all sleeping areas (UBC 1210).

c. Approved spark arresters shall be installed on chimneys (UFC 1101).

d. A greenbelt shall be provided by cutting and clearing all combustible vegetation within 30 feet of the structure (UFC 1103).

10.    The following requirements of the Marin Municipal Water District shall be met:

a.    A High Water Pressure Water Service application shall be completed.

b.    A copy of the building permit shall be submitted.

c.    Appropriate fees shall be paid.

d.    The structure’s foundation shall be completed within 120 days of the date of application.

e.    The applicant shall comply with the District’s rules and regulations in effect at the time service is requested.

11.    All requirements of the Town Engineer shall be met.

12    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.

13.    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.

14.    All exterior lighting shall be shielded downlighting.

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

16.    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.