SUBJECT: 100 LYFORD DRIVE; FILE # 20231

ENVIRONMENTAL DETERMINATION:

This proposal is exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303.

PROPOSAL:

The applicant is requesting Design Review approval for the modification of previously approved plans to construct additions to an existing single-family dwelling on property located at 100 Lyford Drive. The property is developed with a two-story residence.

Four previous applications (Files # 299006, 299034, 200030 & 20115) have previously been approved by the Design Review Board to construct several additions to the existing structure. The applicant now wishes to modify the previously approved project by altering the roof design of the residence. The current proposal would also delete previously approved room additions on the main and lower levels, but would substitute a new room beneath a patio area.

The most recent approval for this property granted a variance for a building height of 33 feet. The subject application would increase the total building height to 34 feet, 4 inches. As the maximum building height in Tiburon is 30 feet, a variance is again requested for excess building height.

The current application would result in construction which would cover 4,345 square feet (13.9%) of the parcel, which is less than the 15.0% permitted in the RO-2 zone; this is an increase of 298 square feet of lot coverage from the most recent approval for this site. The current application proposes a total of 5,461 square feet of floor area, which is a 51 square foot increase beyond the previously approved house size of 5,410 square feet. As the floor area ratio for a property of this size is 5,128 square feet, a floor area exception is required for this application.

A color and materials board has not been submitted for this project, as the exterior design would match that previously approved for this property. The previously approved plans for this structure include a off-white stucco finish with red mission style roof tiles.

Design Issues

At the previous Design Review Board hearings regarding this property, the Board recognized that the existing residence had a legal nonconforming height of 34 feet, and determined that the proposed additions did not significantly change the overall building profile when viewed from neighboring properties. No complaints were received from any neighboring property owners regarding any of the previous Design Review applications, and no other objections to the proposed project have been received by the Town during the current review.

The existing structure is situated downslope from Lyford Drive. The previously approved additions are situated generally to the south side and to the rear of the existing structure. The proposed addition would be situated to the rear of the house, adjacent to a portion of the recently approved addition. The location of the proposed addition would only be minimally visible to any other properties along Lyford Drive, and would only marginally add to the overall mass and scale of the house when viewed from below along Vistazo West Street.

Several other properties along Lyford Drive have also received variances for excess building height, including the homes at 80, 118 and 140 Lyford Drive (Files #27514, 28008 & 296010).

Zoning

Staff has reviewed the proposal and finds it to be in conformance with the development standards for the RO-2 zone with the exception of the previously noted building height variance and floor area exception.

In order to grant the requested variance, the Board must make all of the following findings 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.

Special circumstances that apply to this property include the topography of the site and the location of the existing residence. The steep drop-off from the street creates difficulties in constructing additions which are consistent with the design of the nonconforming height of the existing house without violating the applicable building height limits. The strict application of the Zoning Ordinance would deprive the applicant of the privilege of adding on to an existing house in an architecturally consistent manner which is enjoyed by other properties in the vicinity.

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.

As stated above, there are several other properties along Lyford Drive which have received variances for excess building height similar to that proposed for this property.

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

Requiring the proposed house to comply with the required building height limit, when the existing house and four previously approved additions each exceed this height requirement, would impose an unnecessary hardship on the applicant.

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

As stated previously, the proposed construction would not result in view impacts on neighboring property owners which currently have views across this site.

Floor Area Exception

Section 4.02.07 of the Tiburon Zoning Code states that the Design Review Board may grant exceptions to the required floor area ratio requirements if it makes the following two findings:

1. The applicant has demonstrated that the visual size and scale of the proposed structure is compatible with the predominant pattern established by existing structures in the surrounding neighborhood; and

2. The applicant has demonstrated that the proposed structure is compatible with the physical layout of the site. The characteristics include, but are not limited to, the scale of trees, rock outcroppings, stream courses, land forms, and the dimensions of the lot.

The original structure is compatible with the overall development pattern of this neighborhood, as the house extends downslope from Lyford Drive. Many of the homes in this neighborhood are similar in size, as well as visual scale and bulk when viewed from the sides and below. The proposed addition would not significantly add to the size, mass and bulk of the original structure.

The original house generally conforms to the terrain and other characteristics of the site. The relationship of the proposed house to the site would be nearly identical to that of the original structure.

From the evidence provided, Staff believes that there is sufficient evidence to support the findings for the requested excess building height variance and floor area exception.

Public Comment

To date, no public comments have been received from nearby property owners regarding the proposed project.

RECOMMENDATION:

The Board should review this project with respect to Zoning Ordinance Sections 4.02.07 (Guiding Principles). If the Board agrees with Staff that the necessary findings required to approve the variances can be made, Staff recommends that the attached conditions of approval be applied.

 ATTACHMENTS:

Conditions of approval

Application and supplemental materials

Minutes of the April 15, 1999 Design Review Board meeting

Minutes of the October 7, 1999 Design Review Board meeting

Minutes of the July 20, 2000 Design Review Board meeting

Minutes of the June 21, 2001 Design Review Board meeting

Submitted plans

FILE #20231