SUBJECT: 1825 LAGOON VIEW DRIVE; FILE # 20301

The applicant is requesting Design Review approval for an addition and modifications to an existing single-family dwelling located at 1825 Lagoon View Drive. A new entry is proposed at the front of the house. An existing attached garage would be slightly reduced in size and converted into a master bedroom suite. A new trellis would be constructed leading to the entry, and a covered walkway would be constructed between the house and an existing detached garage; a larger existing trellis at the front of the house would be removed. A fence and gate would be located in front of the proposed entry. The roof over the existing living room would be raised, and the roof over the current attached garage would be modified to match the adjacent house roofline. Two new skylights and a new chimney are proposed to be installed.

The proposed construction would decrease the lot coverage on the site by 57 square feet. The proposed additions and garage conversion would change the floor area on the site from the existing 2,209 square feet of living area and 1,013 square feet of garage space to 2,624 square feet of living area and 572 square feet of garage space; the resulting floor area would be less than the maximum permitted floor area for a lot of this size.

A portion of the existing living room extends to within 29 feet of the front property line, which is less than the 30 foot minimum front yard setback required in the RO-2 zone. As the roofline would be increased in the area encroaching into the required setback, a variance is requested for reduced front yard setback.

The subject property is located in the Hillhaven subdivision. As with most of the lots in this neighborhood, this property is a terraced site situated above the level of Lagoon View Drive and well below the uphill homes along Mountain View Drive. There is also an adjacent lot at 1823 Lagoon View Drive between the subject property and the lots on Mountain View Drive.

A extensive hedge and additional trees and other landscaping currently screen the subject house from the view of the uphill home at 1823 Lagoon View Drive. It does not appear that the proposed chimney and raised roof would extend above the level of this vegetation; therefore the proposed construction would not result in any view impacts on the neighboring home.

The living room of the subject house is situated at an elevation well above Lagoon View Drive, opposite the intersection of this street and Ridge Road. The raised roof above this portion of the house would only marginally increase the visual mass of the existing structure, and would not be directly visible from the primary view of any nearby homes.

Staff has reviewed the proposal and finds it to be in conformance with the development standards for the RO-2 zone, with the exception of the previously noted variance for reduced front yard setback.

In order to grant the requested variance, the Board must make all of the following findings as 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 subject house was also constructed prior to adoption of the current Tiburon Zoning Ordinance with a reduced front yard setback. As a result, the strict application of the front yard setback requirement would render the applicant unable to construct a minor roof alteration in a manner similar to other updates of older homes in the vicinity and in the same or similar zones.

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.

Numerous variances have been previously granted for reduced front yard setbacks for properties located in the Hillhaven subdivision. Many other homes in Tiburon have received approval for minor additions that follow legally nonconforming setbacks, when such additions do not create significant visual or privacy impacts on adjacent homes.

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

A modification to the existing living room roofline that complies with the required front yard setback would result in an unusually truncated roof design, and is not necessary to mitigate any unwanted impacts on the adjacent residence. The strict application of this Ordinance would therefore create a practical difficulty in siting a reasonable building modification for this portion of the house.

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

As previously noted, the raised roof above this portion of the house would only marginally increase the visual mass of the existing structure, and would not be directly visible from the primary view of any nearby homes.

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

To date, Staff has not received any public comments regarding this proposal.

The Board should review this project with respect to Zoning Ordinance Sections 4.02.07 (Guiding Principles) and determine that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15301. If the Board finds the design to be acceptable and in conformance with the Town’s Design Guidelines, can make the necessary findings to approve both requested variances, and wishes to approve the project, Staff recommends that the attached conditions of approval be applied.

1. Conditions of approval

2. Application and supplemental materials

3. Submitted plans

FILE #20301