TO: Design Review Board
FROM: Brian Lynch, Associate Planner
SUBJECT: 95 Harriet Way; File #20236
Site plan and architectural review for a new single family home and detached garage, with variances for excess lot coverage, excess rear yard coverage, and excess accessory building height.
MEETING DATE
: December 5, 2002 REVIEWED BY: DMW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PROJECT DATA:
Owner: Mr. and Mrs. Fred Gellert
Applicant/Architect: James S. Malott
Address: 95 Harriet Way
Assessor Parcel Number: 034-212-09
File Number: 20236
Lot Size: 8,088 square feet
Zoning: R-1-BA (single-family residential Bel Aire)
General Plan: MH (medium-high density residential)
Flood Zone: A
Date Complete: November 14, 2002
CEQA Exemption: December 5, 2002
Permit Streamlining
Act Deadline: February 3, 2002
ENVIRONMENTAL DETERMINATION:
This proposal is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303(a).
PROPOSAL:
The applicant has submitted a request to construct a new single-family dwelling with a detached garage on a property located at 95 Harriet Way. The property is currently developed with single family residence that is proposed to be demolished. The property is a corner lot at the intersection of Harriet Way and Cecilia Way and is also bound by a 10 foot public access easement on the west side of the property, which leads to the Cove Shopping Center. The property is very flat, and is located within Flood Zone "A", according to FIRM map, panel # 060173-0465-A. The applicant has stated that a major reason for the project is to eliminate the flooding problems associated with the existing structure.
The proposed home is a single story structure that consists of two bedrooms, a study, living room, dining room, and kitchen. The structure would be "L" shaped, fronting on both Cecilia Way and Harriet Way. This configuration creates a secluded lawn and garden area in the rear of the property. A detached garage is also proposed, and would be located in the required rear yard of the property. The garage would contain a work bench area and a bathroom.
Other features of the project include the installation of four skylights on the residence, and one skylight in the garage. A redwood trellis would be built above a redwood deck in the rear yard. There is an existing redwood fence on the west and south sides of the property that would be rebuilt to a height of six feet.
The floor area of the proposed home is 2,194 square feet, and the detached garage is 1,109 square feet. The size of these structures creates a lot coverage of 40.8%, which exceeds the maximum of 30%. Therefore, the applicant is requesting a variance for excess lot coverage (40.8% lot coverage in lieu of the maximum 30%).
The proposed garage would be located on the required rear yard. Zoning Ordinance Section 5.06.04 (a) states that accessory structures can be located in the rear yard, provided they do not occupy more than 25% of the rear yard area. The application indicates that the garage would occupy 37.7% of the rear yard area. Therefore a variance is requested for excess rear yard coverage (37.7% rear yard coverage in lieu of the maximum 25%).
The garage is also proposed to be 13’2" in height. Zoning Ordinance Section 5.06.04 (a) states that accessory structures cannot exceed a height of 12 feet when located on the rear yard. Therefore, a variance is requested for excess accessory building height (a height of 13’2" in the rear yard in lieu of the maximum 12 feet).
ANALYSIS:
Zoning
Except for the above mentioned variance requests the project appears to be in conformance with the remaining development regulations of the R-1-BA zoning district.
Design issues
The architecture of the residence addresses both of the property frontages. The façade of the residence is designed to be broken up with use of room protrusions and gabled features on both the north and east elevations. The entrance to the house would be on the east side of the home, off of Harriet Way. The driveway and garage would be on the north side of the property off of Cecilia way. The roof of the residence would be mostly hipped with a slope of 5 and 12. The roof of the garage would be similar except that the plate height would be lower, and the slope would be 4 and 12 would, to help reduce the overall height of the garage.
The colors and materials of the home are indicated on the submitted plans. The roof would be comprised of dark grey/green composition shingles, the body color would be light taupe with dark taupe trim. Stucco siding would be used throughout and would be broken up with a horizontal ledge across the building. A color and materials board will be available for review at the Board meeting.
Variance
In order to grant the requested variances, the Board must make the following findings as required by Section 4.03.05 of the Tiburon Zoning Ordinance:
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.
Lot Coverage The subject property is bounded on three sides by public rights-of-way; Harriet Way, Cecilia Way, and an access easement. This condition makes the property unique as compared to all other properties in the Bel-Aire neighborhood. The applicant has suggested that this configuration does not allow for a private rear yard area. The proposed house and the garage are designed to be expansive across the lot to shield the usable rear yard area from the public rights-of-way.
Rear Yard Coverage In the review of previous applications in the Bel-Aire neighborhood, it has become apparent that single-story homes are the dominant and preferable design alternative over two-story homes. If limited to single-story design, the applicant has stated that the Floor Area limits in the R-1-BA Zoning District are not in balance with the lot coverage limits, forcing applicants in general to apply for lot coverage variances. The applicant has stated that the proposed design is a reasonable solution to the single-story vs. two-story dilemma.
Accessory Structure Height The garage is designed to be tall enough to accommodate a boat and trailer. According the applicant, the lowest recommended door clearance height is 8 feet for a boat and trailer, and the shallowest roof slope recommended for asphalt shingles is 4 and 12. While working within these criteria the applicant has stated that the garage has been designed as low as possible.
The applicant has not represented what the unusual physical characteristic of the site is that requires the garage to be built on the required rear yard, or be taller than 12 feet. The Zoning Ordinance does not require that a garage be designed to accommodate a trailer and boat, or have composition shingles.
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.
Lot Coverage As previously stated, the Board has reviewed several applications in the Bel-Aire neighborhood for lot coverage variances in order to retain single-story design. Granting the lot coverage variance would not be a special privilege inconsistent with properties in the vicinity.
Rear Yard Coverage Although staff does not have a record of granting rear yard coverage variances in the neighborhood, the applicant has suggested that there are four similarly situated lots that appear to have similar coverage in the rear yards. These are the properties at 290 Cecilia Way, 121 Leland Drive, 71 Claire Way, and 201 Blackfield Drive.
Accessory Structure Height In review of Town records, it appears that the Board has not approved any application for excess building height in the vicinity.
The strict application of this Ordinance would result in practical difficulty or unnecessary hardship.
Lot Coverage As stated by the applicant, the strict application of the Zoning Ordinance would not allow the property owner to have the buildings spread out on the site to provide screening for the rear yard. This would preclude the property owner to use the rear yard in the quiet and private manner enjoyed by other lots in the vicinity. The strict application of the Zoning Ordinance would also result in the applicant having to apply for a second story element to maximize the allowed floor area. Second story elements in the Bel-Aire neighborhood have been found to be injurious to the neighborhood in previous applications.
Rear Yard Coverage and Accessory Structure Height The applicant has suggested that the strict application of the Ordinance would result in the construction of a garage that would not be able to accommodate a boat and trailer.
The ability to park a boat and trailer on a property is seen as a luxury and not a privilege in the R-1-BA neighborhood. Not being able to park a boat and trailer is a self created hardship rather than a hardship created by the characteristics of the property.
The granting of the variance will not be detrimental to the public welfare or injurious to other properties in the vicinity.
The proposed project does not appear to adversely impact the view, privacy, or any other asset of the surrounding properties. Therefore the granting of the variances would not be detrimental to the public welfare.
Public Comment
To date, no public comment has been received regarding this application.
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 is inclined to approve the application as proposed, the Board would need to provide the language to support variance findings #1, 2 and 3. 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 requested variances, then it is recommended that the project be approved with the attached Conditions of Approval.
EXHIBITS:
Conditions of Approval
Application and supplemental materials dated October 9, 2002.
Applicant’s findings for the variances.
Zoning Ordinance section 5.06.04 (a).
EXHIBIT 1
CONDITIONS OF APPROVAL 95 Harriet Way FILE #202361. 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 October 9, 2002, and the plans dated November 7, 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 location of the story poles must be certified by a licensed surveyor. Any changes in the story poles must be approved by the Design Review Board, prior to the issuance of a building permit.
8. Prior to under-floor 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:
The structure shall have installed throughout an automatic fire sprinkler system in accordance with NFPA standard 13-D (UFC 1003).
Approved smoke alarms shall be installed to provide protection to all sleeping areas (UBC 1210).
Approved spark arresters shall be installed on chimneys (UFC 1101).
A greenbelt shall be provided by cutting and clearing all combustible vegetation within 30 feet of the structure (UFC 1103).
The home shall be constructed as type V-one hour building throughout.
The home shall be equipped throughout with an automatic fire sprinkler system designed and installed in accordance with NFPA 13R standards.
10. The following requirements of the Marin Municipal Water District shall be met:
A High Water Pressure Water Service application shall be completed.
A copy of the building permit shall be submitted.
Appropriate fees shall be paid.
The structure’s foundation shall be completed within 120 days of the date of application.
The applicant shall comply with the District’s rules and regulations in effect at the time service is requested.
11. All requirements of the Town Engineer shall be met.