TO: DESIGN REVIEW BOARD

FROM: SENIOR PLANNER WATROUS

SUBJECT: 70 REDHILL CIRCLE; FILE #20239

SITE PLAN AND ARCHITECTURAL REVIEW FOR ADDITIONS TO AN EXISTING SINGLE-FAMILY DWELLING WITH VARIANCES FOR REDUCED SIDE YARD SETBACKS AND EXCESS LOT COVERAGE, AND A FLOOR AREA EXCEPTION

MEETING DATE: NOVEMBER 21, 2002 REVIEWED BY:

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PROJECT DATA

ADDRESS: 70 REDHILL CIRCLE

OWNERS: RENOLD AND WILHELMINA VICTOR

APPLICANT: ED HAGEMAN (ARCHITECT)

ASSESSOR=S PARCEL: 58-212-17

FILE NUMBER: 20239

LOT SIZE: 4,265 SQUARE FEET

ZONING: R-3 (MULTI-FAMILY RESIDENTIAL)

GENERAL PLAN: VERY HIGH DENSITY RESIDENTIAL

FLOOD ZONE: C

DATE COMPLETE: NOVEMBER 4, 2002

CEQA EXEMPTION: NOVEMBER 15, 2002

PERMIT STREAMLINING

ACT DEADLINE: JANUARY 14, 2003

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 construction of a building addition to an existing single-family dwelling located at 70 Redhill Circle. A media room and bathroom would be added to the basement floor of the residence. A small deck and exterior stairway would lead from the proposed addition to the ground level.

The existing residence has been constructed with zero side yard setbacks, and the proposed additions would follow the existing side dimensions of the structure. As an 8 foot side yard setback is required in the R-3 zone, a variance is required for reduced side yard setbacks.

The structures would cover 1,598 square feet (38.6%) of the lot, which is more than the 30.0% maximum permitted in the R-3 zone. A variance for excess lot coverage is therefore also requested.

The proposed addition would increase the floor area on the property to 2,844 square feet, or 68.7%. As the floor area ratio is 60.0% in the R-3 zone, a floor area exception is requested.

Color and materials samples have not been submitted, as the proposed additions would match the existing appearance of this residence.

ANALYSIS

Design Issues

The proposed addition would essentially fill in some of the area beneath the existing main floor and extend to the edge of the existing main floor deck. The proposed lower level deck and stairway would extend out beyond the edge of the existing main floor deck. The addition would be primarily visible from Corinthian Court below the site, and only marginally visible from any of the adjoining homes to either side of the site. The footprint of the house would be increased by only 248 square feet, primarily due to the deck expansion on the lower floor.

Several similar variance requests have been previously approved for zero side yard setbacks and lot coverages ranging from 41.8% to 49.4% for the nearby properties at 70 Redhill Circle (File #200028), 90 Redhill Circle (File #200001), and 104 Redhill Circle (File #299019). Each of these requests has also received a similar floor area exception. Other variances for reduced side yard setbacks have previously been approved for the homes at 76, 96 & 106 Redhill Circle (Files #27602, 28101 & 28023).

Staff does not foresee any other design issues with this project.

Zoning

Staff has reviewed the proposal and finds it to be in conformance with the development standards for the R-3 zone, with the exception of the previously noted variances for reduced side yard setbacks and excess lot coverage, and floor area exception.

Variance

In order to grant the requested variance, the Board must make the findings as required by Section 4.03.05 of the Tiburon Zoning Ordinance. Staff suggests that the following findings may be made in support of the requested variance:

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 design of most homes in the immediate vicinity with similar side yard setbacks, and the relatively small lot sizes for these same properties. Although records are limited for existing lot coverage for other nearby residences, it is likely that other properties have similar lot coverage as that proposed by this application. The strict application of the required side yard setback and maximum lot coverage would therefore be inconsistent with the privileges enjoyed by other property owners 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 previously noted, several other homes in the immediate vicinity have been granted variances similar to that requested by the subject application. Therefore the requested variance would not constitute a grant of special privileges or result in a situation that is inconsistent with the general development pattern in the vicinity.

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

The subject house is constructed adjacent to the side property lines, and already exceeds the maximum lot coverage allowed for this lot. Forcing the property owner to maintain larger setbacks for future additions when portions of the structure already encroach into the required rear yard and where the additions would not create view or privacy impacts on neighboring homes would impose an unnecessary hardship on the property owners.

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

The proposed addition would not result in any view or privacy impacts that would be injurious to other homes in the vicinity.

From the evidence provided, Staff believes that there is sufficient evidence to support the findings for the requested variances.

Floor Area Exception

Section 4.02.08 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 proposed additions would not significantly alter the visual size and scale of the existing residence, as most of new area would be either below the existing upper floor or only be marginally visible from other nearby properties. The proposed construction would also not alter the relationship of the existing house to the site.

Public Comment

To date, no public comments have been received regarding this application. The applicant has submitted letters from neighboring property owners at 62, 64, 66, 68, 72, 76, 78 & 82 Redhill Circle indicated support for this application.

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 Town=s Design Guidelines, then Staff has no objections to the approval of this project. If the Board wishes to approve the project, Staff recommends that the attached conditions of approval be applied.

ATTACHMENTS

1. Conditions of approval

2.    Application and supplemental materials

3. Site plan, floor plans and elevations

 CONDITIONS OF APPROVAL  70 REDHILL CIRCLE  FILE #20239

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 October 23, 2002 or as amended by these conditions of approval. Any modifications to the plans of October 23, 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 exterior lighting fixtures other than those approved by the Design Review Board must be down light type fixtures.