SUBJECT: 70 PINE TERRACE; FILE # 20302

The applicant is requesting Design Review approval for two additions to an existing single-family dwelling located at 70 Pine Terrace. A new family room would be added to the southwest portion of the house, and the existing master bedroom suite would be expanded toward the front of the structure. A 6 foot tall fence is proposed to be constructed in front of the bedroom addition.

The additions would add 263 square feet of floor area and lot coverage to the existing single story structure. The lot coverage for the site would be increased to 28.6%, which is less than 30.0% maximum lot coverage permitted in the R-1 zone. The floor area would be increased to 1,542 square feet, which is less than the maximum permitted floor area for a lot of this size.

 The master bedroom addition would extend to within 5 feet of the side property line. As an 8 foot side yard setback is required in the R-1 zone, a variance is requested for reduced side yard setback.

The family room addition is proposed to be constructed within 4 feet of the rear property line. As this parcel has a 19 foot rear yard setback (20% of the depth of the lot), a variance is also requested for reduced rear yard setback.

The subject residence was originally constructed in 1962, prior to the incorporation of the Town of Tiburon. This house currently has a 5 foot side yard setback along the entire eastern side of the structure; a 3 foot side yard setback for the attached garage; and a 9 foot rear yard setback. As a result, this house is considered to be a legal nonconforming structure.

The adjacent house at 80 Pine Terrace also has a side yard setback of approximately 5 feet facing the subject residence, with no windows facing the proposed master bedroom suite extension. This addition would follow the line of the existing structure, and would only extend the area of nonconformity by 2 feet, 6 inches. It is unlikely that this minor extension would create any significant visual or privacy impacts on the neighboring residence.

The rear yard of the subject property is situated below the level of the adjacent Multi-Use Path. In 1997, the Town approved the construction of a 6 foot tall fence for the properties at 60, 70 & 80 Pine Terrace which extends 5 feet into this right-of-way. The one-story configuration of the proposed family room addition would help lower the visual profile of the proposed construction, and the fence and difference in elevation would help screen the addition from view from pedestrians walking by the site on the Multi-Use Path.

A variance was approved in 1999 (File #299003) for a reduced rear yard setback for the adjacent residence at 60 Pine Terrace. This application approved an enclosure of an existing deck that extended to within one foot of the rear property line. The proposed family room addition would not encroach that far into the required rear yard setback. Further, only the outermost corner of the addition would extend to within 4 feet of the rear property line, with most of the addition to be situated further back than the existing 9 foot rear yard setback for this house.

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 side and rear yard setbacks.

In order to grant the requested variances, 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 property is situated toward the end of a cul-de-sac, with a house sited at an angle to the western side and rear property lines. The house was also constructed prior to incorporation of the Town of Tiburon with reduced side yard setbacks. Due to these physical characteristics, the strict application of the side and rear yard setback requirements of the R-1 zone would deprive the property owner of the ability to expand the subject residence in a manner consistent with other properties 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.

As previously noted, the adjacent property at 60 Pine Terrace has received approval of a variance for reduced rear yard setback for a situation similar to that requested under the subject application. Many other homes in Tiburon have received approval for minor additions that follow legally nonconforming side yard 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.

An addition to the existing master bedroom suite that complies with the required side yard setback would result in an unusual differentiation in the architecture of the house, and is not necessary to mitigate any unwanted impacts on the adjacent residence. The location of the house relatively far back on the property leaves little developable area toward the front of the site, and little area in the rear of the property upon which to site any house additions without encroaching into the required rear yard setback. The strict application of this Ordinance would therefore create an unnecessary hardship for the property owners, and create a practical difficulty in siting any reasonable building expansion for this property.

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 proposed master bedroom extension would not result in significant visual or privacy impacts on the adjacent residence at 80 Pine Terrace. The proposed rear addition would be generally situated below the level of the adjacent Multi-Use Path, and would not result in significant visual mass or bulk when viewed from pedestrians and bicyclists using this path.

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

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. Letter from John Sanford, dated February 10, 2003

4. Submitted plans

FILE #20302