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.

This application was first reviewed by the Design Review Board at the February 6, 2003 meeting. At that time, the application included the construction of a new master bedroom and bathroom to the rear of the house, and a new carport to the front of the existing building. The rear addition would project into the required side yard setback for this property, and the carport would have projected into the front yard setback. Variances were therefore requested for reduced side and front yard setbacks.

At the previous Board meeting, testimony was received from several neighboring property owners objecting to the proposed carport, stating that the structure would be visually obtrusive and out of character with the surrounding Belveron neighborhood. The Design Review Board concurred with these neighbors, and expressed concerns with both the design of the structure and the inability to make the findings necessary to approve the requested variance for reduced front yard setback.

The applicant indicated to the Board that he would be willing to modify the submitted plans to eliminate the proposed carport, reconvert the previously converted garage space, and construct another addition to the rear of the house. The application was continued to the March 6, 2003 Design Review Board meeting to allow the applicant time to prepare revised plans.

The applicant has now submitted revised plans for the property. As previously indicated, the carport has been removed from the plans, and the garage would be reconverted to its original condition. The master bedroom suite addition to the rear of the house has been moved from the left (east) side to the right (west) side of the building.

The proposed construction would cover a total of 2,168 square feet (25.4%) 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 1,580 square feet, which is less than the 2,853 square foot maximum floor area permitted for a parcel of this size.

The proposed master bedroom suite addition would extend to within 5 feet of the right (west) 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 5 foot 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 reconversion of the garage to its originally intended use eliminates the previously raised concerns regarding parking and visual impacts related to the previously proposed carport structure. The Town’s policy regarding conversion of garages and carports into living space would no longer apply to this application. ,

As noted in the previous Staff report, 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. The applicant has indicated that he has spoken to the neighboring property owner to the west, who has no objections to the design of the reconfigured room addition.

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 variance for reduced side yard setback.

In order to grant the requested variance, 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. 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.

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.

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.

Conditions of approval

Minutes of the February 6, 2003 Design Review Board meeting

Revised plans

FILE #20241