TO:
DESIGN REVIEW BOARDFROM:
BRIAN LYNCH, ASSOCIATE PLANNERSUBJECT:
20 BAYSHORE TERRACE; FILE #703074SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR THE REVIEW OF THE "AS-BUILT" ADDITIONS TO A SINGLE FAMILY DWELLING, WITH A FLOOR AREA EXCEPTION.
MEETING DATE
: JUNE 5, 2003 REVIEWED BY: DMW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PROJECT DATA:
OWNER/APPLICANT: STEVEN AND JANELLE BRADY
ARCHITECT: THOMAS A. STIMPERT ARCHITECTS
ADDRESS: 20 BAYSHORE TERRACE
ASSESSOR PARCEL NUMBER: 055-171-17
FILE NUMBER: 703074
LOT SIZE: 11,397 SQUARE FEET
ZONING: R-1 (RESIDENTIAL SINGLE-FAMILY)
GENERAL PLAN: MH (MEDIUM HIGH DENSITY RESIDENTIAL)
FLOOD ZONE: C
DATE COMPLETE: MAY 16, 2003
CEQA EXEMPTION: JUNE 5, 2003
PERMIT STREAMLINING
ACT DEADLINE: AUGUST 4, 2003
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 applicant has submitted an application for the review of the "as-built" improvements to the single-family residence located at 20 Bayshore Terrace. The subject improvements occupy the under-floor area of the existing structure, which include two bedrooms, two bathrooms, a family room, media room, and sauna. The area of the improvements is approximately 1,485 square feet, bringing the total square footage of the home to 3,581 square feet. While the building meets the lot coverage limits for the property, the building exceeds the floor area limit of 3,140 square feet. Therefore a floor area exception of approximately 440 square feet is requested.
BACKGROUND:
According to the Town’s administrative record, the subject property has had a history of work done without permits while under the ownership of previous residents. The record shows that from 1981 to 1984, there were a number of stop work orders placed on the property for work done without permits. The Towns’ Building Official drafted a Report of Residential Building Record dated January 1993, which references the prior stop work orders and clearly notes that the illegal work must be permitted and brought up to code (Exhibit # 4). For reasons unknown, permits for the subject improvements were never obtained. Specifically, the original home was approved and built as a single story residence. Since that time, a significant amount of living space has been created on a lower level of the home. The total amount of un-permitted living space is approximately 1,485 square feet.
On February 6, 2003, the Design Review Board reviewed and approved an approximately 66 square foot addition on the subject property, with a variance for reduced side yard setback. After the project was approved, the applicant subsequently filed for a building permit. During routine plan check procedures, the Town’s Building Official noted that the mandatory items in the aforementioned Report of Residential Building Record were never addressed. Therefore, it is required that the applicant obtain design review approval for all previously un-permitted work prior to the issuance of a building permit.
ANALYSIS:
Zoning
As previously stated, the project does not comply with the floor area limits for the property. The project does meet the remaining regulations of the R-1 zoning district.
Design Issues
According to the Hillside Design Guidelines, structures should make use of the slope and step down the property which would help eliminate bulk and excessive under-floor space. The residence at 20 Bayshore Terrace was not designed according to this principle, and was originally constructed with one expansive level, creating a large amount of under-floor space. This under-floor space, where the subject improvements are located, was conveniently converted to living area.
Although this unfavorable design has been taken advantage of, there do not appear to be any significant design issues with this application. The un-permitted work does not expand the footprint of the existing structure. The mass and visual bulk of the structure also remains unchanged. The improvements are well integrated with the design of the original structure, and there do not appear to be any view, noise or privacy impacts to the adjacent properties.
Floor Area Exception
In order to grant the requested floor area exception, the Board must make the following findings as required by Section 4.02.08 of the Tiburon Zoning Ordinance:
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.
The under-floor area of the structure has been built out for some time. It is apparent that the size and scale of the improvements have not been injurious to properties in the vicinity, and the improvements appear to be compatible with the predominant pattern established by the existing structures in the neighborhood.
The applicant has demonstrated that the proposed structure is compatible with the physical characteristics 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.
It appears that the proposed structure is compatible with the dimensions of the lot and surrounding physical features. The property slopes down from the street, which dramatically decreases the visual scale of the building.
Public Comment
No public comment has been received regarding this application.
RECOMMENDATION:
It is recommended that the Board review this project with respect to Zoning Ordinance Sections 4.02.07, 4.02.08 (Guiding Principles and Floor Area Exception Findings). It is recommended that the Board 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 the necessary findings can be made for the floor area exception then it is recommended that the project be approved with the attached Conditions of Approval.
EXHIBITS:
Conditions of Approval.
Application and supplemental materials dated May 13, 2003.
Applicant’s statement to support the floor area exception.
Report of Residential Building Record dated January 1993.
Plans for the proposed project.
EXHIBIT 1
CONDITIONS OF APPROVAL
20 Bayshore Terrace
FILE #703074
1. 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.
2. The development of this project shall conform to the application received by the Town of Tiburon on May 13, 2003, or as amended by these conditions of approval. Any modifications to the approved plans must receive further design review and approvals.
3. The applicant must meet all requirements of other agencies prior to the issuance of a building permit for this project.
4. All exterior lighting fixtures other than those approved by the Design Review Board must be down light type fixtures.
5. 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.