TO: Design Review Board

FROM: Brian Lynch, Associate Planner

SUBJECT: 320 Blackfield Drive; File #20237

MEETING DATE: December 19, 2002 REVIEWED BY: DMW

PRELIMINARY ENVIRONMENTAL DETERMINATION:

Town Planning Division Staff has made a preliminary determination that this proposal would be exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303.

PROPOSAL:

The project would also expand the building towards the rear property line. The existing setback from the rear property line is 13 feet, and the project would reduce the setback to 12 feet. Since the required rear yard setback is 25 feet, the applicant is requesting a variance for reduced rear yard setback (12 feet in lieu of the required 25 feet).

Zoning

Except for the above mentioned variance requests for excess lot coverage and reduced rear yard setback, the project appears to be in conformance with the remaining development regulations of the R-O-2 zoning district.

Design Issues

The architectural style of the existing home would be substantially maintained. As stated previously, the project would make use of existing under-story area for the majority of the improvements. Utilizing this area minimizes the project’s impact on the surrounding properties. The family room addition on the upper level would change the roofline, but the use of hipped roofs would be continued. The colors and materials of the proposed addition would match the existing structure. Staff foresees no design issues with the proposed project.

Variance

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.

Behind the existing residence the property slopes down towards Via Capistrano. Between the Via Capistrano right-of-way and the subject property there is a thin strip of land belonging to the property at 318 Blackfield Drive. Because this strip of land is virtually un-developable due to its narrow width, the proposed building would actually have a large setback from the street and from any other structures.

In addition, the subject property is unusually shaped. There is a significant portion of the property lying to the southeast that is effectively separated from the main area of the lot. This area of the property is not appropriate to build upon because it is so distant from the main structure. Therefore the property owner is limited to constructing improvements in the main area of the lot, closer to Blackfield Drive.

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.

Many of the surrounding homes are part of the Ring Mountain Planned Development, wherein the properties have different setback and lot coverage requirements as the subject property. The lots in the Ring Mountain Planned Development are limited in coverage by the use of building envelopes. Typically these envelopes allow structures to cover more than 15% of the lot, even up to 50% in some cases. Therefore, granting the requested variances would not be considered a special privilege.

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

The strict application of the Ordinance would result in a practical difficulty because the applicant would be forced to construct improvements in areas of the lot that are less amenable to construction. Construction in other areas of the lot would also not be as well integrated with the existing structure.

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

The proposed improvements do not appear to have any view or privacy impacts, therefore the project would not be considered injurious to surrounding properties.

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) and determine that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303. 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 variances for reduced rear yard setback and excess lot coverage, then it is recommended that the project be approved with the attached Conditions of Approval.

EXHIBITS:

This approval shall be used within 3 years of the approval date, and shall become null and void unless a building permit has been issued.

The development of this project shall conform to the application received by the Town of Tiburon on October 3, 2002, or as amended by these conditions of approval. Any modifications to the approved plans must receive further design review and approvals.

All exterior lighting fixtures other than those approved by the Design Review Board must be down-light type fixtures.

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.