SUBJECT: 730 HILARY DRIVE; FILE # 20307

The applicant is requesting Design Review approval to construct additions to an existing two-story single-family dwelling located at 730 Hilary Drive. The ground floor of the house would be expanded toward the front, resulting in a new two-car garage, one additional bedroom, an office, a new laundry room and powder room, and a revised entry. An addition to the upper floor would expand the existing master bedroom suite toward the front of the property as well. Two new skylights are proposed to be installed, and the existing chimney is proposed to be raised to comply with building code requirements.

The proposed additions would add 1,000 square feet of floor area to the existing house, resulting in a total floor area of 3,123 square feet. As the floor area ratio for a lot of this size is 2,584 square feet, a floor area exception is requested.

The proposed additions would increase the lot coverage of this property by 1,245 square feet to a total of 2,874 square feet (38.9%). As the maximum lot coverage permitted in the R-1 zone is 30.0%, a variance is requested for excess lot coverage.

A portion of the proposed additions would follow the existing line of the eastern side of the house, which has aside yard setback of 6 feet, 3 inches. As an 8 foot side yard setback is required in the R-1 zone, a variance is requested for reduced side yard setback.

The subject property is located on a relatively level site that is situated, like most others along this side of Hilary Drive, below the level of the street. The homes directly across the street are situated on building pads above street level, resulting in a terraced development pattern in the immediate vicinity.

As noted above, the proposed additions would be situated in front of the existing structure. The proposed second story addition would follow the roofline and side walls of the existing second story portion of the house. The ground floor additions would not exceed the height of the existing lower level roofline.

The living room of the home across the street at 725 Hilary Drive is directly in line with the proposed second story addition. As this addition would be directly in front of existing second story area, it does not appear that the addition would result in any potential view blockage for this neighboring residence.

The other home across the street at 735 Hilary Drive would view the proposed second story addition at an angle; however, the proposed addition would be viewed against a backdrop of mature trees below the site, and does not appear to intrude into any significant views.

The proposed chimney extension would create a taller chimney with a larger profile than the current chimney for this house. The increased height proposed for the chimney is likely intended to comply with Building Code requirements that a chimney be 2 feet taller than all roof portions within 10 feet, in response to the proposed second story addition. It is unclear whether this proposed chimney would project into the water views of the homes across the street. Staff recommends that the chimney be designed to the minimum size necessary to comply with the Building Code to avoid any potential view impacts. The Design Review Board is encouraged to visit the properties at 725 and 735 Hilary Drive to view the story poles and evaluate any potential visual impacts of the proposed additions and chimney extension.

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 yard setback and excess lot coverage, and the requested floor area exception.

A variance for reduced side and rear yard setbacks and excess lot coverage (File #28406) was requested for this property in 1984. At that time, the Board of Adjustments and Review approved the request, with the exception of the side yard setback variance. The project for which this application was submitted was never constructed, and the previous approvals have since expired.

Variances

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 size of the subject property is 7,382 square feet, which is substantially smaller than the 10,000 square foot minimum lot size for the R-1 zone. The existing house on the site was originally developed with a legally nonconforming side yard setback. These physical conditions create special circumstances that would deprive the owners of this property of development privileges enjoyed by other properties in the vicinity.

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 other properties in the single-family residential zones have received variance for reduced side yard setbacks in order to construct additions in line with the legal nonconforming setbacks of existing homes.

Two nearby homes have previously received variances for excess lot coverage: a 39.2% lot coverage for the home at 696 Hilary Drive (File #299022), and lot coverage of 31.8% for the home at 373 Hawthorne Drive (File #20139). However, both of these variances granted approvals for construction of single-story additions to single-story homes. The Design Review Board has approved a number of variances (primarily in the Bel Aire neighborhood) for excess lot coverage on smaller single-family lots as a tradeoff for maintaining a single-story building profile. As the proposed project would involve excess lot coverage created, in part, by a two-story addition to a two-story house, the granting of this variance would be inconsistent with the limitations upon other properties in the vicinity and in the same or similar zones.

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

The strict interpretation of the required side yard setback would force the proposed addition to step back from the side property line in a manner inconsistent with the existing house, placing an unnecessary hardship on the property owners.

The strict application of the maximum allowable lot coverage would still allow the property owner to construct additional floor area on the site without exceeding the floor area ratio for this property. Therefore the strict application of this ordinance would not result in a practical difficulty or unnecessary hardship on the applicant.

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

The proposed addition would not extend further into the required setback than the existing house. As described above, the proposed additions would not appear to create any potential view impacts on neighboring homes.

From the evidence provided, Staff believes that there is sufficient evidence to support the findings for the requested variance for reduced side yard setback. However, there appears to be insufficient evidence to support the findings for the requested variance for excess lot coverage.

Floor Area Exception

Section 4.02.08 of the Tiburon Zoning Code states that the Design Review Board may grant exceptions to the required floor area ratio requirements if it makes the following two findings:

1. The applicant has demonstrated that the visual size and scale of the proposed structure is compatible with the predominant pattern established by existing structures in the surrounding neighborhood; and

2. The applicant has demonstrated that the proposed structure is compatible with the physical layout of the site. The characteristics include, but are not limited to, the scale of trees, rock outcroppings, stream courses, land forms, and the dimensions of the lot.

There are few two-story homes in the vicinity of the subject property. However, the construction of additions to the front of the house in line with the existing structure would not significantly alter the visual size and scale of the house when viewed from other homes in the vicinity. The proposed additions would also not alter the relationship of the structure with the physical layout of the site.

The requested 3,123 square foot floor area for the proposed duplex would be 539 square feet (20.9%) above the maximum floor area permitted for a lot of this size. A table has been prepared and is attached that compares the lot size, floor area ratio and proposed floor area of the proposed project with other properties in the vicinity. Highlights of this analysis include the following:

1.    The lot size of the subject property is smaller than all but one of the lots in the vicinity. Only the property at 720 Hilary Drive, with a lot size of 7,129 square feet, is smaller than the subject property.

2.    The size of the subject house with the proposed additions would exceed the floor area of every other home along these portions of Hilary and Hawthorne Drives with the exception of the residence at 757 Hawthorne Drive. No other home in the vicinity exceeds the floor area ratio for its lot.

3.    The proposed floor area would also exceed the floor area ratio of all but two of the lots in this neighborhood. Only the properties at 730 and 757 Hawthorne Drive have lot sizes that would allow a house the size of the proposed project without a floor area exception.

Five letters have been received from surrounding property owners (at 720, 725, 740 & 750 Hilary Drive and 735 Hawthorne Drive) in support of the proposed project.

1. Conditions of approval

2. Application and supplemental materials

3. Table Comparing Lot Sizes, Floor Area Ratios and Floor Areas in the Vicinity of 730 Hilary Drive

4. Letter from Donald and Jane Ring, dated February 28, 2003

5. Letter from Phil and Susan Henry, dated March 1, 2003

6. Letter from Ashton Wolfson and Leigh Glaser-Wolfson, dated March 3, 2003

7. Letter from Wayne and Carla Howard, dated March 6, 2003

8. Letter from Jan Medricky, dated March 9, 2003

9. Submitted plans 

FILE #703020

1. This approval shall be used within three (3) years of the approval date, and shall become null and void unless a building permit has been issued.

2. The development of this project shall conform with the application dated by the Town of Tiburon on February 18, 2003, or as amended by these conditions of approval. Any modifications to the plans of February 18, 2003, must be reviewed and approved by the Design Review Board.

3.    Plans submitted to the Building Division for plan check shall be identical to those approved by the Design Review Board. If any changes are made to the approved Design Review plans, the permit holder is responsible for clearly identifying all such changes when submitted to the Building Division for plan check. Such changes must be clearly highlighted (with a "bubble" or "cloud") on the submitted plans. A list describing in detail all such changes shall be submitted and attached to the building plans, with a signature block to be signed by the Planning Division Staff member indicating that these changes have been reviewed and are approved, or require additional Design Review. All changes that have not been explicitly approved by Staff as part of the Building Plan Check process are not approved. Construction that does not have Planning Division approval is not valid and shall be subject to stop work orders and may require removal.

4.    The applicant must meet all requirements of other agencies prior to the issuance of a building permit for this project.

5.    All skylights shall be bronzed or tinted and no lights shall be placed in the wells.

6.    All exterior lighting fixtures must be down light type fixtures.

FLOOR AREAS IN THE VICINITY OF 730 HILARY DRIVE

Lot Floor Area Floor

 730 Hilary Drive 7,382 2,584 3,123