TO: Design Review Board

FROM: Brian Lynch, Associate Planner

SUBJECT: 21 Tara Hill Road; file #20221

MEETING DATE: June 20, 2002 REVIEWED BY: DMW

APPLICANT/OWNER: Noushin Oshidari and Babak Hemati

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 additions to a single-family residence located at 21 Tara Hill Road. The proposed additions would be located on the south and east sides of the existing residence. The applicant is also proposing to relocate some of the existing walls to help "square off" some of the unusual angles that exist. The floor plan of the residence is also somewhat unusual, so the proposed additions and modifications would help create an atmosphere more conducive for family living.

The additions would create a new master bedroom and second bedroom on the main floor of the residence. On the lower floor, one of the additional bedrooms would be expanded so its exterior wall matches up with the existing wall of the living room upstairs. Other modifications would include creating a flat roof line over the entire roof, which would increase the visual height of the structure on the south side by approximately three feet. A new circular entrance is proposed, which would be capped with a copper dome roof feature.

The proposed additions and modifications would increase the lot coverage and floor area by approximately 656 square feet. The property would remain in compliance with the lot coverage and floor area limits. However, the applicant is requesting a variance for reduced front yard setback. The required front yard setback for the subject property is 30 feet. The existing structure currently does not meet this requirement as it is setback by only 20 feet. The proposed additions would bring the structure within 14 feet of the front property line. Therefore the applicant is requesting a front yard setback variance of 16 feet.

Zoning

As previously stated, the applicant is requesting a variance for reduced front yard setback. The project appears to be in conformance with the remaining development regulations of the RO-1 zoning district.

Design Issues

The existing residence is built into the hillside and adjacent to a rock outcropping, which makes the building site relatively secluded. The potentially most affected property would be 92 Mt. Tiburon Court, to the north of the subject parcel, where the primary view is over the roofline of the subject residence. It appears that the additions would not have a significant impact on these existing views.

The exterior colors and materials of the additions would match the existing structure, which are primarily vertical wood siding with aluminum framed windows. The roof is flat with a surface comprised of drain rock. It appears that the project is a general improvement; therefore Staff does not foresee and design issues.

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.

There is a large rock outcropping adjacent the house, which limits the development of the site. To create a more functional floor plan, the applicant would like to convert the "open" bathroom on the southwest side of the house into an enclosed bedroom and bathroom. To accomplish this, the applicant has stated the structure must be expanded to the south to avoid the rock outcropping to the west.

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 granting the variance would not constitute a special privilege as the relatively minor expansion is consistent with the conditions and relationships of other properties in the vicinity.

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

The existing "open" bathroom on the southwest side of the house is essentially non-functional due to of its proximity to the family room and living areas. The applicant has stated that the variance is needed to relieve this situation; otherwise the existing bathroom would remain, resulting in an unnecessary hardship.

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

The applicant has provided a list of signatures of adjacent property owners stating they have reviewed the plans and support the proposed project (Including the signature of the property owner of 92 Mt. Tiburon Court).

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 reduced front 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 May 24, 2002

3.    Letter in support of the variance findings.

4.    List of neighboring property owners in support of the project

5.    Plans prepared for the project.

FILE #20221

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 May 24, 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.