The applicant is requesting Design Review approval for the construction of a new two-story single-family dwelling on property located at 124 Leland Way. The subject property is currently developed with a one-story residence that would be demolished.

This application was first reviewed at the April 4, 2002 Design Review Board meeting. At that time, concerns were raised by numerous property owners in the surrounding Bel Aire neighborhood regarding aspects of the proposed two-story house design. Issues raised included potential sunlight and privacy impacts on adjacent homes; the height, mass and bulk of the proposed design; and the compatibility of a two-story home in this predominantly one-story residential neighborhood.

The Design Review Board shared many of these concerns. In particular, the Board found that the proposed house was too tall, had excessive mass and bulk, and would create privacy impacts. The Board generally stated that a two-story home could be properly designed on this site, but that the proposed design was inappropriate for this property and for the neighborhood. The Board continued the request to the May 16, 2002 meeting, with direction given to the applicants to address these concerns.

The applicants subsequently submitted revised plans for the proposed residence that addressed some of these issues, but did not change the side yard setbacks of the second story area, and resulted in an increase in the proposed floor area of the house. After reviewing the Staff report that analyzed these revisions, the applicant requested another continuance. The application was continued to the August 15, 2002 meeting without additional review by the Design Review Board.

The applicant has now submitted further revised plans for the proposed residence. The house still would have a two-story design, and includes the following changes from the originally proposed design:

The overall building height has been reduced from a maximum of 29 feet, 7 inches to a maximum of 23 feet, 6 inches.

The overall size of the house has been increased. The proposed first floor area has increased from 1,502 square feet to 1,794 square feet; the second floor area has decreased from 1,266 square feet to 1,002 square feet; the garage has been increased from 292 square feet to 470 square feet. The total floor area of the house and garage has increased by 206 square feet, from 3,060 square feet to 3,266 square feet. The 2,796 square foot living area proposed would be less than the maximum floor area of 2,800 square feet for a lot of this size. Similarly, the proposed lot coverage has increased from 2,174 square feet (27.2%) to 2,398 square feet (30.0%).

The second story area has been reduced in size from 1,266 square feet to 1,002 square feet. One bedroom and the laundry room have been relocated from the second story area to the ground floor.

The front of the second story portion has been stepped back approximately 9 feet from the front of the first floor. Most of the front of the house has been placed 4 feet behind the front yard setback line, in contrast to the previous design that was predominantly situated at the front yard setback line. The second story area is now set 21 feet, 2 inches from the northern side property line and 14 feet, 3 inches from the southern side property line, in comparison to the prior second story setbacks of 18 feet and 18 feet, 6 inches, respectively.

Most of the second story windows have been redesigned with taller sill heights. The upper floor deck to the rear of the house has been eliminated. An open porch area is proposed below the master bedroom to the rear of the site.

Zoning

Staff has reviewed the revised plans and finds them to be in conformance with the development standards for the R-1-BA zone with regard to building setbacks, lot coverage and envelope and height limits.

Design Issues

The revised house design has significantly reduced the overall height of the proposed residence, which would decrease the overall mass and bulk of the house and reduced any potential sunlight impacts on neighboring homes. The increased front yard setback and stepped second story design would also help mitigate any mass and bulk concerns for the house when viewed from the street. The raised sill heights for second story windows and the requirement for obscure glass for the rearmost windows, along with the elimination of the upper story deck, would help address potential privacy impacts on the adjacent properties to either side of the property. The length of the second story area has decreased from 52 feet to 27 feet, 2 inches. The revised floor plan has moved one bedroom and the laundry room from the second story to the ground floor.

The revised floor plan also helps to address some of the privacy concerns raised by neighboring property owners on either side of this house. The living room and dining room have been moved to the center of the ground floor, increasing the distance between the more commonly used living areas and the homes on either side. Many of the windows facing the side property lines either have high sills to reduce any perceived privacy impacts, or provide light to reduced activity areas (e.g. stairwells, closets and bathrooms). The Design Review Board should review the remaining full sized windows facing the side property lines and determine if additional modifications need to be made to reduce these window sizes or require obscure glass to further mitigate these privacy concerns.

The overall design of the revised second story area appears to reflect the general direction of the Design Review Board regarding two-story homes. The second story area would now be roughly centered over the ground floor portion of the house, rather than extending out to the front and sides of the lower floor area. This design significantly reduces the overall mass and bulk of the two story design, and would appear to be consistent with the guidelines contained within Section 4.02.07 of the Tiburon Zoning Ordinance which call for "second-story additions… with increased setbacks or other design features to minimize the intrusion on the neighborhood."

Public Comment

As of the date of this report, several letters have been received regarding the proposed project since the last public hearing. A letter from the adjacent property owner at 130 Leland Way reiterates previously raised concerns regarding privacy and sunlight impacts that would be caused by the proposed house. A letter was also received from a nearby property owner at 321 Karen Way raising similar objections to the proposed house. A letter was also received from the property owner at 251 Karen Way concerning potential inconsistencies with the character of the Bel Aire neighborhood.

RECOMMENDATION:

The Board should review this project with respect to Zoning Ordinance Section 4.02.07 (Guiding Principles). If the Board finds the design to be acceptable and in conformance with the Tiburon Zoning Ordinance, Staff would recommend that the attached conditions of approval be applied.

ATTACHMENTS:

Conditions of approval

Design Review Board Staff report, dated March 20, 2002

Minutes of the April 4, 2002 Design Review Board meeting

Letter from Jennifer Carter, received April 25, 2002

Letter from Vasco Morais, dated July 30, 2002

Letter from Phoebe Brown, dated July 31, 2002

Letter from applicants to Phoebe Brown, dated August 1, 2002

Site plans, floor plans and elevations

CONDITIONS OF APPROVAL

FILE #702019

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 with the application dated by the Town of Tiburon on February 20, 2002, or as amended by these conditions of approval. Any modifications to the plans of July 26, 2002 and August 1, 2002, 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.    Prior to the issuance of building permits, the applicant shall submit verification from a licensed landscape architect that the proposed landscape plan conforms to M.M.W.D. landscape regulations, as required by Town Council Ordinance.

8.    Prior to the issuance of final building inspection approval, all landscaping and irrigation shall be installed in accordance with approved plans. The installation of plantings and irrigation shall be verified by a Planning Department field inspection prior to the issuance of occupancy permits.

9.    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.

10.    The project shall comply with the following requirements of the Southern Marin 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).