TO:
DESIGN REVIEW BOARDFROM:
BRIAN LYNCH, ASSOCIATE PLANNERSUBJECT:
31 GILMARTIN DRIVE; FILE #20310SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR A NEW FENCE AROUND A PROPERTY, WITH A VARIANCE FOR EXCESS FENCE HEIGHT.
MEETING DATE
: JUNE 5, 2003 REVIEWED BY: DMW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PROJECT DATA:
OWNER: DON AND HOLLY PRUETT
ARCHITECT/APPLICANT: STEVEN J. YOUNG, MAGRANE ASSOCIATES
ADDRESS: 31 GILMARTIN DRIVE
ASSESSOR PARCEL NUMBER: 055-253-12
FILE NUMBER: 20310
LOT SIZE: 31,904 SQUARE FEET
ZONING: RPD (RESIDENTIAL PLANNED DEVELOPMENT)
GENERAL PLAN: ML (MEDIUM LOW 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 construction of a fence around the property at 31 Gilmartin Drive, with a variance for excess fence height. The project would include a decorative wrought iron vehicle gate and pedestrian gate bounded by bluestone columns. A standard wrought iron fence would be installed along the front property line, within the public right-of-way. A wire mesh deer fence would be installed around the remainder of the property.
The maximum height for a fence near a property line is six feet. The proposed fencing would exceed six feet along the north and west property lines, and along a portion of the front property line. Therefore the applicant is requesting a variance for excess fence height (8 feet in lieu of the standard 6 feet).
BACKGROUND:
On January 20, 2000, a Site Plan and Architectural Review application for a new single-family dwelling on the property located at 31 Gilmartin Drive was approved by the Design Review Board. As part of the landscaping plan for the project, a deer fence was proposed to be located around a portion of the subject property. The deer fence was approved to be six feet high and comprised of wire mesh. The home was built and a final inspection was completed by the Community Development Department. The referenced fence was not built at the time the home was constructed.
The current property owners filed a building permit application for the fence on December 3, 2002. The building permit was never issued, and the Design Review approval expired on January 3, 2003. Although a fence on this property has been approved previously, the current application is for a significantly different fence design in a different location.
ANALYSIS:
Zoning
The project site is in the RPD zoning district, and is located within the Tiburon Shores Precise Plan Area. This precise plan area encompasses eight lots on the lower portion of Gilmartin Drive. In this development area, there are specific development standards for each lot that essentially supersede the development regulations stated in the Zoning Ordinance. For example, all main buildings in the Tiburon Shores subdivision must be located within the defined building envelopes for each lot.
However, the Tiburon Shores Precise Plan does not specifically address the construction of fences and walls on each lot. Therefore, when reviewing the construction of fences or walls in the Tiburon Shores subdivision, the Town must fall back on the standard fence and wall regulations as stated in the Zoning Ordinance. Except for the variance request for excess fence height, the project appears to be in conformance with the Tiburon Shores Precise Plan.
Design Issues
The proposed fencing is essentially comprised of three parts; the entry gates, the fence along the front of the property, and the deer fence around the remainder of the property. The vehicle entry gate would be a custom made decorative fence comprised of black wrought iron. The gate would have two panels that would swing open automatically. The height of the gate would reach six feet at its point of closure. The columns on either side of the fence would be comprised of bluestone and column #5 would be the tallest at nine feet high. Generally, the Town allows entry columns to be taller than the six foot height requirement.
Along the front property line, the fence would be a standard wrought iron fence. Most sections of this wrought iron fence would be six feet in height, with some sections extending up to eight feet to account for the grade change on the property. The majority of this fence would be located within the public right-of-way.
The deer fence would be comprised of wire mesh with steel posts, and its height would range from six feet to eight feet. For the sections of the deer fence proposed to be eight feet high, which would be along the north and west property lines, the top two feet of the fence would be comprised of horizontal wire instead of wire mesh.
The Board should consider the design and location of the proposed fencing in relation to the fences located on properties in the vicinity. The applicant has indicated that there are several properties in the vicinity with similar types of fencing. A series of photos submitted by the applicant will be available for review at the Design Review Board meeting.
In review of the administrative records for the neighborhood, and after a site inspection of the area, it is apparent that there are no perimeter fences within the Tiburon Shores Precise Plan area. However, there are similar perimeter fences on the upper portion of Gilmartin Drive, within the Del Madera Precise Plan area, which occur on the following properties: 110, 138, 141, 145, and 185 Gilmartin Drive.
Variance
In order to grant the requested variance, the Board must make the following findings as required by Section 4.03.05 of the Tiburon Zoning Ordinance:
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 applicant has indicated that the engineered slope surrounding the subject property, related to the construction on the adjacent parcel, has created an unusual condition under which a typical six foot high fence is ineffective as a deer deterrent.
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.
Several variances for fence height have been approved in various locations in Tiburon. Most of the time the site conditions are such that there is a sudden and significant grade change between the two properties that would lessen the visual privacy between the two properties, or lessen the effectiveness of a six foot deer fence. Although there have not been variances approved for fence height in the immediate vicinity, the subject property has conditions that are similar to those in which variances for fence heights have been granted.
The strict application of this Ordinance would result in practical difficulty or unnecessary hardship.
The applicant has suggested that the strict application of the Ordinance would allow deer to access the site and would preclude the maintenance of the existing landscaping.
The granting of the variance will not be detrimental to the public welfare or injurious to other properties in the vicinity.
The granting of the requested variance would not appear to be detrimental the properties in the vicinity because the fence would be out of primary views from most of the homes in the vicinity. In addition, the proposed fencing would appear to be six feet in height or less because of the grade change between properties.
Public Comment
No public comment has been received regarding this project.
RECOMMENDATION:
It is recommended that the Board review this project with respect to Zoning Ordinance Sections 4.02.07, 4.03.05, (Guiding Principles, and Variance Findings by Acting Body,). 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 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.
EXHIBIT 1
CONDITIONS OF APPROVAL
31 Gilmartin Drive
FILE #20310
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 April 24, 2003, or as amended by these conditions of approval. Any modifications to the approved plans must receive further design review and approvals.
3. 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.