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 original request was to add 1,000 square feet of floor area to the existing house, with additions to both the ground floor and the second floor of the house. The application included requests for a variance for reduced side yard setback; a variance for excess lot coverage; and a floor area exception.

This application was first reviewed at the April 17, 2003 Design Review Board meeting. At that time, the Board raised concerns regarding the overall size of the house that would result from the proposed additions. The Board noted that few homes in Tiburon have been granted both a floor area exception and a variance for excess lot coverage for a home with a two-story design. The Board also noted that the proposed project would result in the second largest house in the neighborhood on the second smallest lot in the vicinity. The Board generally indicated no objections to the request for a reduced side yard setback to continue the line of the existing house.

The Board directed the applicant to revise the design of the proposed additions, and attempt to eliminate the need for the lot coverage variance and/or the floor area exception. The hearing was continued to the May 15, 2003 meeting to allow the applicant time to prepare revised plans for the project.

The applicant has now submitted the revised plans for this application. The size of the proposed addition has been reduced from 1,000 square feet to 657 square feet, which would result in a total floor area of 2,780 square feet. As previously noted, the floor area ratio for a lot of this size is 2,584 square feet; therefore, a floor area exception is still requested.

The additional lot coverage that would be created by the proposed project has been decreased from 1,245 square feet 1,038 square feet, resulting in a total lot coverage of 2,667 square feet (36.1%). As the maximum lot coverage permitted in the R-1 zone is 30.0%, a variance is again requested for excess lot coverage.

As noted in the previous Staff report for this project, 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 proposed additions would not appear to intrude into any significant views for the homes located across Hilary Drive.

The following modifications appear to have been made to the previously submitted plans:

One ground floor bedroom has been eliminated, and the addition to the west side of the house has been reduced in depth from 16’7" to 10’3½."

The proposed office and expanded entry area have been reduced in size.

The closet space proposed for the upper floor master bedroom suite has been reduced in size, decreasing the depth of the second floor addition from 9’3½" to 6’0".

The number of proposed skylights has been reduced from two to one.

The general configuration of the proposed additions remains essentially the same as previously submitted. The proposed garage addition would be roughly the same size as before, and the other additions have been pulled back by approximately 3 to 6 feet.

The submitted floor plans for the proposed additions (Sheets A1.2 and A2.1) indicate that the first and second floor additions would result in increased floor areas of 512 and 177 square feet, respectively. This would represent an overall floor area increase of 689 square feet, which is more than the 654 square foot addition described in the summary table on Sheet T0.1. The analysis contained within this Staff report assumes that the 654 square foot figure is accurate; if approved, plans submitted for building permits would need to be adjusted to be internally consistent and reflect that figure.

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

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 2,780 square foot floor area for the proposed duplex would be 196 square feet (7.6%) above the maximum floor area permitted for a lot of this size. A table was previously prepared that compared the lot size, floor area ratio and proposed floor area of the proposed project with other properties in the vicinity. This table has been updated to reflect the current proposal, and is attached. Highlights of this analysis include the following:

As previously noted, 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.

The size of the subject house with the proposed additions would still 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.

The proposed floor area would also exceed the floor area ratio of 8 of the 18 other lots in this neighborhood.

Despite the reduction in size from the previous application, the currently proposed design would still result in the second largest house in the neighborhood on the second smallest lot in the vicinity.

As noted in the previous Staff report and by the Design Review Board at the previous hearing regarding this application, the Design Review Board has often granted lot coverage variances for single-story additions to allow applicants to maximize their floor area without resorting to two-story building designs. However, the proposed project involves both a second story addition and a lot coverage variance request, and would exceed the floor area ratio for this property as well. Such applications have not traditionally been supported by the Town on properties without significant physical constraints.

1. Conditions of approval

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

3. Design Review Board Staff Report dated April 17, 2003

4. Minutes of the April 17, 2003 Design Review Board meeting

5. Revised 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 May 5, 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 2,780