On February 18, 2003, the applicants submitted a staff-level design review application to construct a 6’8" tall redwood fence in front of an existing residence. The fence would enclose a courtyard area by the front entryway. There is an existing fence, approximately the same height but enclosing a smaller area, that would be removed. The application was reviewed for completeness and the courtesy notices were sent to the adjacent neighbors on February 24, 2003.

Following the mailing of the notices, there was much correspondence submitted. Two residents in the neighborhood submitted statements saying that the project should be forwarded to the Design Review Board for review (Exhibits #4 and #5). As stated in these letters, there was some confusion about what types of projects are reviewed at the staff level, and what types of projects are forwarded to the Design Review Board.

Most of the correspondence was submitted by the appellants who reside adjacent to the subject property (Exhibit #6). Many of the concerns expressed by the appellants were regarding issues not within the scope of the application, and not within the purview of design review. The main concerns were regarding at-grade improvements and minor landscaping work on the applicant’s property. The appellants also expressed concern about the parking of vehicles on the applicant’s property, outside the enclosed garage.

The appellants have cited multiple grounds upon which the appeal is based (Exhibit #1) which are summarized as follows:

Ground #1: The application should not have been deemed complete due to inaccurate and incomplete information. The application does not accurately describe changes to the onsite parking, and other on-grade improvements are not addressed.

Staff Response: The applicants submitted an application for the construction of a fence in front of the existing residence on the subject parcel. The application included the appropriate number of copies of a site plan, elevation, and detail of the proposed fence, along with a completed Land Development Application form. The application was found to be in conformance with the submittal requirements for Site Plan and Architectural Review applications, and was deemed to be complete.

It should be noted that under the auspices of an encroachment permit issued by the Public Works Department, the applicants realigned the "curb cut" and driveway which accesses the subject property. All conditions of said permit were fulfilled, and the work was completed according to the approved plans. Such work did not require a zoning or building permit.

In a letter received February 19, 2003, the appellants requested a stop work order be placed on the subject property for possible work being done without a permit. In response to the letter, Building and Planning Division staff visited the site to assess the work being done on the property. It was noted that there was no work being done that required either a building permit or design review approval, and there was no work being done beyond the scope of the aforementioned encroachment permit; therefore a stop work order was not placed on the property.

In addition, staff sent a letter dated February 26, 2003, to the applicants asking if there were any additional improvements proposed on the property that would require review by the Community Development Department. The applicants responded in a letter received February 27, 2003, that no additional improvements, other than the subject fence, were planned for the subject property. After obtaining this additional information, Planning Division staff determined that the application for a fence remained complete.

Ground #2: Planning Division Staff did not assess the project in respect to the appropriate Town Codes and policies. The height of the fence proposed is prohibited by the Tiburon Zoning Ordinance.

Staff Response: As with all design review applications, the application for the fence was reviewed in accordance with the zoning regulations for the associated zoning district (R-1), the Guiding Principles for Design Review, and the Tiburon Design Guidelines for Hillside Dwellings. In reviewing the application, staff determined that the proposed fence would not have adverse impacts on surrounding properties.