TO: Design Review Board

FROM: Brian Lynch, Associate Planner

SUBJECT: 23 Sutter Court; File 20223

MEETING DATE: July 18, 2002 REVIEWED BY: DMW

APPLICANT/OWNER: Sydney and David Joyner

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 left, right and rear property lines at 23 Sutter Court. The site is currently improved with a single-family home, and there are currently fences around the perimeter of the property. The majority of the existing fence is approximately 14’ high and comprised of metal posts and wire mesh fencing material. Along the right side of the home, there is a solid wood fence comprised of grape-stake boards. The applicants are proposing to replace these existing fences.

The height of the proposed fence would be a maximum of 8’, which exceeds the 6’ height limit for fences located in setback areas. Therefore the applicants are asking for a 2’ 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 applicants are proposing to have three different fence types replace the existing fences on the property. Along the front half of the right property line the fence would be a typical 6’ solid redwood fence (fence detail "B"). Along the back half of the right property line, the applicants are proposing to have a 6’ solid redwood fence with a 24" lattice extension on top, for a total height of 8’ (fence detail "C"). Along the rear and left property lines the applicants are proposing to construct an 8’ high wire mesh deer fence with wood posts (fence detail "A").

There is a significant grade change between the subject property and the adjacent properties. The properties to the left and to the rear are well above the subject property resulting in a potential lack of privacy for the applicants. The proposed feces, along with the existing vegetation would provide the privacy required by the applicants, and would also be effective in keeping deer out of 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 significant elevation difference between the adjacent properties, a fence taller than six feet is necessary to create an acceptable level of privacy, and to create an adequate barrier for 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 the new fence would be significantly shorter than the existing fence, which would benefit the adjacent neighbors.

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

To rely on a six foot fence that is not effective in maintaining privacy or keeping deer out 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 fences would be shorter, more aesthetic, and less intrusive than the existing fence, thus the project 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 June 5, 2002.

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

4.    Plans for the project.

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 June 5, 2002, or as amended by these conditions of approval. Any modifications to the plans must be reviewed and approved by the Design Review Board.

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.