TO: DESIGN REVIEW BOARD

FROM: BRIAN LYNCH, ASSOCIATE PLANNER

SUBJECT: 330 KAREN WAY; FILE #20305

MEETING DATE: MAY 1, 2003 REVIEWED BY: DMW

PRELIMINARY ENVIRONMENTAL DETERMINATION:

Town Planning Division Staff has made a preliminary determination that this proposal would be exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303.

PROPOSAL:

The applicants are the new owners of the subject property, and during the required resale inspection, Building Division Staff noted the installation of the un-permitted fence. The applicant would now like to obtain the appropriate permits for this fence.

Zoning

The maximum allowable fence height within a required setback area is six (6) feet. When a wall and fence are approximately parallel, and within a horizontal distance of three (3) feet of each other, they are considered part of the same structure, and therefore cannot exceed a combined height of six feet. The combined height of the subject wall and fence is approximately 9’6". A variance of 3’6" is requested for excess fence height. The project appears to meet the remaining standards of the R-1-BA zoning district.

Design Issues

The design of the existing fence is solid wood on the bottom portion with open pickets across the top. Pyramid finale caps are installed on the top of each fence post. The fence has been painted white. The retaining wall below the fence is approximately 16" to 24" high, and comprised of wood. Due to the elevation difference between the subject property and the property at 334 Karen Way, the retaining wall is needed to support the soil on the opposite side of the fence.

Variance

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.

There is a sudden and significant grade change between the subject property and the property located at 334 Karen Way. This elevation difference necessitates a taller fence than six feet. If the fence were built in strict compliance with the Zoning Ordinance, it would result in a fence that would be considerably lower as viewed from the property at 334 Karen Way, limiting the privacy between properties.

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.

Significant and abrupt grade changes between properties are commonplace in the surrounding neighborhood. Where privacy issues have been a concern, variances have been granted to build similar fences over six feet in height. Therefore, granting the variance would not constitute a special privilege inconsistent with the neighborhood.

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

The lack of privacy and safety a six foot fence would provide would be an unnecessary hardship for the applicant.

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

The affected property owners are in support of the application, therefore the granting of the variance would not appear to be detrimental to the public welfare or injurious to other properties in the vicinity.

Public Comment

To date, no public comments have been received regarding this project.

RECOMMENDATION:

It is recommended that the Board review this project with respect to Zoning Ordinance Sections 4.02.07 and 4.03.05 (Guiding Principles, and Variance Findings by Acting Body) and determine that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303. If the Board finds that the design of the project is consistent with the Guiding Principles for Site Plan and Architectural Review, and all necessary findings can be made for the variance, then it is recommended that the project be approved with the attached Conditions of Approval.

EXHIBITS:

Conditions of Approval.

Application and supplemental materials dated March 20, 2003.

Applicant’s findings for the variances.

Plans for the proposed project.

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

The development of this project shall conform to the application received by the Town of Tiburon on March 20, 2003, or as amended by these conditions of approval. Any modifications to the approved plans must receive further design review and approvals.

Plans submitted to the Building Department 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 Department 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 Design Review 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 Design Review approval is not valid and shall be subject to stop work orders and may require removal.