TO:
Design Review BoardFROM:
Brian Lynch, Associate PlannerSUBJECT:
20 Bayshore Terrace; File #20243Site plan and architectural review for an addition to an existing single-family dwelling, with a variance for reduced side yard setback.
MEETING DATE
: February 6, 2003 REVIEWED BY: DMW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PROJECT DATA:
Owner: Mr. and Mrs. Steven Brady
Applicant/: Ed Walera
Address: 20 Bayshore Terrace
Assessor Parcel Number: 055-171-17
File Number: 20243
Lot Size: 9,000 square feet
Zoning: R-1 (single-family residential)
General Plan: MH (medium-high density residential)
Flood Zone: C
Date Complete: January 13, 2002
CEQA Exemption: February 6, 2003
Permit Streamlining
Act Deadline: April 5, 2003
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 applicant has submitted a request to construct additions to an existing single-family dwelling on a property located at 20 Bayshore Terrace. The property is on the west side of Tiburon Boulevard, located above the Multi-Use Path. The extent of the proposal is a 63 square foot living room addition located on the left side of the residence, in place of an existing deck.
There are currently improvements being constructed on the site that have previously been approved by the Community Development Department, including a dining room and kitchen expansion on the right side of the residence. The current proposed addition would expand the building towards the left side property line. The existing setback from the side property line is 12 feet, and the project would reduce the setback to two (2) feet. Since the required side yard setback is eight (8) feet, the applicant is requesting a variance for reduced side yard setback (two (2) feet in lieu of the required eight (8) feet).
ANALYSIS:
Zoning
Except for the above mentioned variance request for reduced side yard setback, the project appears to be in conformance with the remaining development regulations of the R-1 zoning district.
Design Issues
The proposed addition is very minor in scope, and would maintain the architectural style that is prevalent in the area. The basic floor plan of the home would also be maintained, lessening the intrusiveness of the addition. Moreover, the property is well screened with vegetation, and there would be no significant view or privacy impacts on adjacent properties.
The materials of the addition would be consistent with the existing structure. Staff does not foresee any concerns with the design of the project.
Variance
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:
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 suggested that the proximity of the new residence at 30 Bayshore Terrace creates an uncharacteristic physical circumstance when compared to other properties in the vicinity, and the proposed construction would help alleviate the impact of this nearby development.
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 requested variance would not constitute a special privilege because the Town approved a variance for reduced side yard setback for the construction of a storage shed on the adjacent property at 1 McCart Court. The variance was approved in 1976, and reduced the required setback from eight (8) feet to zero feet.
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 it would not allow the applicant enclose the existing deck resulting in a loss of privacy due to the construction of the adjacent home. The level of privacy would no longer be consistent with the privacy experienced by other residents in the vicinity.
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 adverse impacts on properties in the vicinity. The applicant has suggested that the project would add relief to the privacy issues between 30 Bayshore Terrace and 20 Bayshore Terrace.
Public Comment
Memos from the owners of 10 Bayshore Terrace and 30 Bayshore Terrace have been submitted indicating their support of the proposed project.
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 variance for reduced side yard setback, then it is recommended that the project be approved with the attached Conditions of Approval.
EXHIBITS:
Conditions of Approval
Application and supplemental materials dated December 20, 2002.
Applicant’s findings for the variances.
Plans for the proposed project.
EXHIBIT 1
CONDITIONS OF APPROVAL
20 Bayshore Terrace
FILE #20243
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 December 20, 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.