The applicant has submitted a request for a new single-family dwelling on a property located at 4795 Paradise Drive. The property is currently developed with a single-family dwelling, which is proposed to be demolished. The property slopes steeply from Paradise Drive, but the proposed building area is very flat. The proposed home is a two level design in a "U" shape, forming a courtyard in the middle. There is an existing swimming pool that would remain between the road and the proposed structure.

The ground level of the new home would be comprised of the family room, kitchen, living room, dining room, one bedroom/bathroom, laundry room, and a three-car garage. The upper level would be located above the rear half of the ground floor, and the large retaining wall would be integrated into the wall of the new structure. The upper level would consist of the master bedroom and bathroom, two additional bedrooms, and two bathrooms.

The proposed structure would cover approximately 2,950 square feet (15 % lot coverage), which is the maximum allowable lot coverage for the zoning district. The floor area of the proposed home is 3,800 square feet, which meets the floor area limits for the property. The proposed home would encroach on the side-yard setback on the north (right) by approximately six feet; therefore a variance is requested for reduced side-yard setback.

The existing ranch style home is built with stucco siding and a typical pitched roof with wood shingles. The architectural style of the new home would be significantly different. There would be large arched windows on the interior of the "U" shape, and the roof would be a mansard style roof. The upper level element would increase the structure’s appearance of size and bulk.

The most affected properties would be on the left and right sides of the of the subject property. The properties across Paradise Drive are significantly downhill from, and out of view of, most of the proposed structure. Although the appearance of size and bulk would increase, there are no apparent view blockage issues caused by the proposed structure.

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 applicant has indicated that he would like to make use of the elements of the existing structure as much as possible when building the new home to help limit the impact of the project on the adjacent neighbors. However, upon review of the submitted plans, it is apparent that the project would call for the demolition of more than 50 percent of the existing structure, which requires the project to be reviewed as new construction. The portion of the building that is currently within the side-yard setback is not proposed to be demolished. Since the project as a whole is considered new construction, the existing non-conformity is a special circumstance to the property that reduces the applicant’s ability to construct a home that meets all aspects of the zoning ordinance.

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 because the placement of the new home would be consistent with the existing 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 applicant has suggested that it would be an unnecessary hardship to be required to reconfigure the existing foundation more than necessary in order to resolve an existing non-conforming issue on the property.

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

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 6, 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 applicant shall submit a revised landscaping plan to the Planning Division, with provisions additional landscaping through the site, prior 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:

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

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