TO: Design Review Board

FROM: Brian Lynch, Associate Planner

SUBJECT: 1756 Centro West; File #20220

MEETING DATE: July 18, 2002 REVIEWED BY: DMW

APPLICANT/OWNER: Karl Belgum and Veronique Musquar

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 applicants have submitted a request to construct a fence along the rear property line at 1756 Centro West Street. The site is currently improved with a single-family home which backs up to Moitoza Lane. The applicants are proposing to construct a 4’ to 6’ wood fence on top of an existing 4’ to 7’ stone wall that runs along Moitoza Lane. The applicants have indicated that the purpose of the fence is to keep deer out of the rear yard.

When a fence and a wall are approximately parallel and within three horizontal feet of each other, the combined height of the wall and fence is used for purposes of review. The maximum height of the proposed fence and existing wall would be 11.5’, which exceeds the 6’ height limit for fences located in setback areas. Therefore the applicants are asking for a 5.5’ variance for fence height.

Zoning

Except for the fence height variance request, staff finds the proposal to be in conformance with the remainder of the development standards for the RO-2 zone.

Design Issues

The proposed fence would be installed directly on top of the existing stone wall in the rear yard. The fence would be mostly open to air with support braces running diagonally across the back of each section of fence. The height of the new fence would vary depending on the height of the stone wall underneath. A solid wood gate would provide access to an existing staircase at the northwest corner of the yard.

There is a significant grade change between the subject property and the Moitoza Lane right-of-way. The top of the existing stone wall is at the grade of Moitoza Lane, therefore there is no barrier to prevent deer from entering the yard. The proposed fence would provide the necessary barrier to deter deer from entering the 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.

Because if the elevation difference between the subject property and the Moitoza Lane right-of-way, a fence (and wall) taller than six feet is necessary to create an adequate barrier to deer.

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 applicants have suggested that the granting the variance would not constitute a special privilege because several other neighbors whose properties back onto Moitoza Lane have built similar deer fences. The neighbors at 1750 and 1740 Centro West Street have similar fences on top of the existing stone wall, creating a fence/wall structure higher than the prescribed 6 feet.

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

The strict application of the zoning ordinance would result in a fence that is functionally less than 2 feet high, which would not be effective in keeping deer off the property. This situation would be an unnecessary hardship for the applicants.

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

The proposed fence would be similar to other structures in the vicinity, and would not be detrimental to the public welfare or injurious to other properties in the vicinity.

Public Comment

To date, no comments from the public 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 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 October 22, 2001.

3.    Findings for the variance as submitted by the applicants.

4.    Plans for the project.

FILE #20220

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 October 22, 2001, 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.