SUBJECT: 31 JUNO ROAD; FILE #20241

The applicant is requesting Design Review approval for the construction of additions to an existing single-family dwelling on property located at 31 Juno Road. The application also intends to legalize an unpermitted conversion of an attached garage to living space. The property is currently developed with a one-story single-family home.

The proposed project would include the construction of a new master bedroom and bathroom to the rear of the house. A new carport would be constructed to the front of the existing building.

The proposed construction would cover a total of 2,141 square feet (25.1%) of the site, which is less than the 30.0% maximum lot coverage permitted in the R-1 zone.

The floor area of the house would increase to 1,781 square feet, which is less than the 2,853 square foot maximum floor area permitted for a parcel of this size.

The proposed carport would extend to within 4 feet, 8 inches of the front property line, which is less than the 15 foot minimum front yard setback required in the R-1 zone. A variance is therefore requested for reduced front yard setback.

The proposed bedroom and bathroom addition would extend to within 4 feet, 8 inches of the left (east) side property line, which is less than the 8 foot minimum front yard setback required in the R-1 zone. A variance is therefore also requested for reduced side yard setback.

Design Issues

The house was originally constructed with a 4’8" side yard setback in the 1950’s, prior to establishment of the Tiburon Zoning Ordinance. The proposed bedroom and bathroom addition would generally follow the line of the existing building, and therefore would not project closer to the side property line than the original house. The roofline of this addition would be lower than the ridgeline of the existing residence, and therefore should not create any unwarranted mass and bulk or visual impacts on neighboring homes.

The subject residence was originally constructed with an attached garage. The garage was converted to living space without first obtaining the necessary permits some time prior to the issuance of a residential building report in 1979. The current property owner purchased this residence after the garage conversion was completed.

The Town of Tiburon has adopted a policy regarding conversion of garages and carports into living space, a copy of which is attached. Although this policy does not require the construction of a replacement garage at this time, the policy requires that the conversion "allows for the future construction of a replacement garage or carport in a credible location on the property without the need for a variance (i.e. a future garage or carport would conform to all zoning requirements regarding setbacks, lot coverage, height requirements, etc.)."

The setback of the existing house from the front property line varies from 24 feet, 8 inches to nearly 30 feet; as a result, there would not be adequate space to construct a traditional garage or carport that would have a depth of at least 18 feet while maintaining the required 15 foot front yard setback. However, the width of the lot makes it possible to have two separate one-car garages attached to the front of the house, situated on either side of a central driveway. The Design Review Board should determine whether such a design would constitute a "credible" location on the property consistent with the garage conversion policy. If not, the Board should determine whether the subject conversion is consistent with the Town’s policy regarding garage conversions.

The location of the proposed carport would leave only 15 feet of driveway space between the new structure and the edge of the street pavement. This distance is shorter than the 18 foot minimum size for a parking stall in Tiburon; the rear of vehicles pulling into the driveway when the carport is occupied would likely project into the adjacent street. The Town of Tiburon has generally had a policy of requiring at least a 15 foot separation between a structure (such as a carport, garage or driveway gate) and a traveled roadway. The Design Review Board should carefully evaluate whether the proposed carport location would result in unsafe traffic and/or parking conditions. The Board may also wish to consider reducing the proposed 20 foot depth of the carport in order to increase the distance between the structure and the street.

Many other homes in the Belveron East subdivision have received approvals for reduced side yard setbacks similar to that requested by the subject application, often to account for existing nonconforming setbacks created by construction in the 1950’s. However, no other residence in this subdivision has received approval for a front yard setback as shallow as that proposed for the requested carport.

The only similar request on Juno Road occurred in 1983 at 20 Juno Road (File #28322), where a carport was proposed that would have extended into the required front yard setback. The Board of Adjustments and Review recommended that no variance be approved for such an encroachment, and the carport was ultimately approved with a 15 foot front yard setback.

Four other variances have been approved within this subdivision for reduced front yard setbacks, at 44 Mercury Avenue (9’6", File #299037); 47 Mercury Avenue (11’, File #297017); 50 Mercury Avenue (14’, File #296001); and 2 Venus Court (12’9", File #298034). All of these previous variances have created setbacks at least twice the depth of that proposed by the subject application.

Although the proposed carport would not have the same visible mass and bulk of an enclosed garage, several variances that have been previously granted in other single-family residential neighborhoods in Tiburon to establish similar reduced setbacks for parking structures have resulted in structures with undesirable visual characteristics. The Design Review Board previously approved a carport for the home at 317 Karen Way, and required a garage door to be installed as well. An application was also approved to convert a previously constructed carport into a garage at 534 Comstock Drive. Reduced front yard setbacks are more common for parking structures in more hilly portions of Tiburon, where compliance with the required front yard setback would push a structure too far down a sloping property. The Design Review Board is encouraged to visit these other homes to better evaluate the potential visual impacts of the proposed carport structure.

The applicant has erected story poles for the subject application, but has also erected story poles that would indicate that the existing roof of the house would be raised in height by two feet. The submitted plans and application do not reflect any such roof change. The applicant has indicated that these story poles represent a conceptual request to raise the roof that was intended to be requested at the Design Review Board meeting. Staff has indicated that such a change could not be requested without submittal of detailed plans indicating the difference between the existing and proposed roof designs, with neighbors also given the opportunity to review such plans. The applicant has since indicated that this roof change request will not be presented to the Board at this time.

Zoning

Staff has reviewed the proposal and finds it to be in conformance with the development standards for the R-1 zone with the exception of the previously noted variances for reduced front and side yard setbacks.

In order to grant the requested variances, 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.

The siting of the original house on the site resulted in a legal nonconforming side yard setback. As previously noted, the subject house was originally constructed with an attached garage that has been converted into living space without first obtaining the necessary permits. As a result, there is no available area on the site in which to locate traditional covered parking spaces without encroaching into the required setbacks. The siting of the house therefore is a physical characteristic that creates a special circumstance which otherwise would constrain development of the property in a manner consistent with other homes in the vicinity while complying with the requirements of the R-1 zone.

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, numerous other homes in this neighborhood have received variances for reduced side yard setbacks. No other home in the vicinity has received a variance for a front yard setback as shallow as that requested, and only two other homes in Tiburon subdivisions with similar terrain have received variances for comparable front yard setbacks for parking structures.

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

The strict application of the side yard setback requirement would force the proposed addition to be set further back from the side property line than the existing house; this would be an unnecessary hardship on the applicant, as the increased setback is not necessary to mitigate any new visual impacts on neighboring properties. The existing front yard setback of the house does not allow for placement of a traditionally sited covered parking structure which would comply with the required setbacks for this property. The denial of a covered parking structure could be viewed as an unnecessary hardship; however, the conversion of the originally constructed garage to living space indicates that this would be a hardship imposed on this property by previous homeowners. The Design Review Board should consider whether such a self-inflicted hardship, albeit one caused by a previous property owner, would justify the approval of the subject variance for reduced front yard setback.

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

The location of the proposed bedroom and bathroom addition would not result in significant visual impacts on neighboring property owners. The placement of the proposed carport structure so close to the front property line, however, could created a visual appearance that crowds the streetscape in a manner inconsistent with other homes in the Belveron East neighborhood.

Conditions of approval

Application and supplemental materials

Tiburon Garage/Carport Conversion Policy

Submitted plans

FILE #20241