SUBJECT: 118 HACIENDA DRIVE; FILE # 20311

The applicant is requesting Design Review approval to construct additions to an existing one-story single-family dwelling located at 118 Hacienda Drive. One existing bedroom would be expanded and another bedroom expanded and converted into a media room. A new laundry room and a powder room would be added, along with a revised front entry. The existing garage would be expanded toward the front. A new second story area would also be added, which would include a new master bedroom suite, along with an office and a studio. Four new flat skylights and two new roof peak skylights are proposed to be installed, and the existing chimney is proposed to be raised to comply with building code requirements. A new fence is proposed in the front yard, along with an entry trellis above the walkway leading to the house.

The proposed additions would add 1,497 square feet of floor area to the existing house, resulting in a total floor area of 3,907 square feet. As the floor area ratio for a lot of this size is 3,388 square feet, a floor area exception is requested.

The proposed additions would increase the lot coverage of this property by 442 square feet to a total of 3,249 square feet (23.4%). As the maximum lot coverage permitted in the RO-2 zone is 15.0%, a variance is requested for excess lot coverage.

The proposed garage expansion would extend 10.5 feet into the 30 foot front yard setback required in the RO-2 zone. Therefore, a variance for reduced front yard setback is requested.

A portion of the proposed media room addition would follow the existing line of the northern side of the house, which has a side yard setback of 11 feet. As a 15 foot side yard setback is required in the RO-2 zone, a variance is requested for reduced side yard setback.

A color and materials board has not been submitted, as the proposed additions would match the colors and materials of the existing house.

The subject property is located on a relatively level site. As Hacienda Drive runs along the Tiburon Ridgeline, homes across the street face the opposite side of the ridge and do not have significant views toward the subject property. The homes on either side of this lot are situated at roughly the same elevation, and are also oriented toward outbound views. Therefore, it does not appear that the proposed additions would result in any potential view impacts on neighboring residences.

The proposed second story addition would have several windows on the north side of the structure. These windows would look down toward the front and rear yard areas of the adjacent residence at 116 Hacienda Drive. The Design Review Board should determine whether these windows would result in unwanted privacy impacts on this neighbor, and whether adjustments to the window sill height or other measures should be imposed to mitigate these potential impacts.

The existing residence was designed with flat roofs and a simplified exterior design that has become somewhat dated. The proposed exterior improvements and roof changes would help create an updated appearance for this house, more in keeping with the visual character of other homes in this neighborhood.

Staff does not foresee any other design issues with this project.

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 front and side yard setbacks and excess lot coverage, and the requested floor area exception.

A number of variances have been approved for similar requests in the vicinity, including approvals for reduced front yard setback (123, 136, 137 & 150 Hacienda Drive and 24 Noche Vista; Files #26708, 26704, 27001 & 27020), reduced side yard setback (132, 142, 146 & 150 Hacienda Drive, 24 Noche Vista and 19 Tanfield Drive; Files #27742, 27810, 27511, 27104, 27020 & 27624) and excess lot coverage (17 Noche Vista, Files #290010). In addition, one property (134 Hacienda Drive) has received variances for reduced front and side yard setbacks and excess lot coverage, along with a floor area exception (Files #298031 & 298036).

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 13,880 square feet, which is substantially smaller than the 20,000 square foot minimum lot size for the RO-2 zone. The existing house on the site was originally developed with a legally nonconforming side yard setback and in excess of the current 15.0% maximum lot coverage permitted by the RO-2 zone. 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.

As noted above, numerous other properties in the vicinity have received variances for reduced front or side yard setbacks and excess lot coverage.

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

The interior dimensions of the existing garage on the site (18 foot depth and 19 foot width) provide two adequate parking spaces in conformance with the requirements of the Tiburon Zoning Ordinance. The strict application of the required front yard setback would not permit the proposed expansion to this garage, but would therefore not result in a practical difficulty or unnecessary hardship on the applicants.

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, prohibiting additional lot coverage on the site, 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 side yard setback than the existing house. The reduced front yard setback would not be inconsistent with the development pattern of the surrounding neighborhood. 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 variances for reduced front yard setback and 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 numerous two-story homes in the vicinity of the subject property. The proposed additions to the house would somewhat alter the visual size and scale of the house when viewed from other homes in the vicinity, but would be consistent with the predominant pattern established by existing structures in the surrounding neighborhood. The proposed additions would also not significantly 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 519 square feet (15.3%) 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:

The lot size of the subject property is smaller than 18 of the 23 other lots in the vicinity. Of the 18 other RO-2 lots on this table, only 7 of the lots exceed the 20,000 square foot minimum lot size required by the RO-2 zone.

The size of the subject house with the proposed additions would exceed the floor area of 19 of the 23 other homes in the vicinity. Of these four homes, the residences at 117 and 139 Hacienda Drive are situated on lots significantly larger than that of the subject property. The homes at 150 & 152 Hacienda Drive are situated on lots somewhat larger (18,400 & 21,600 square feet, respectively) than that of the subject property. Eleven of the 23 other homes have floor areas in excess of 3,000 square feet.

Four other homes in the vicinity exceed the floor area ratio for its lot. The home at 17 Noche Vista is only 33 square feet above the FAR for that property; a floor area exception was approved for the home at 134 Hacienda Drive for 419 square feet above the FAR for that lot. The homes at 150 & 152 Hacienda Drive are substantially larger than the respective FAR’s for their lots, but both homes were constructed prior to establishment of the floor area restrictions within the Tiburon Zoning Ordinance.

The requested floor area exception, the relationship of the size of the house as proposed to the size of other homes and properties in the vicinity, and the requested lot coverage variance seem to indicate that the proposed project appears to represent an overbuilding of this property. As noted in the recent review of the proposed additions at 730 Hilary Drive (File #20307), 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.

As previously noted, in 1998 the Design Review Board approved two separate variances for excess coverage and floor area exceptions for the nearby property at 134 Hacienda Drive. The minutes for those Board meetings indicate that the issue of potential overbuilding of the site was not apparently considered by the Board during its deliberations on these applications. The lack of input into these requests may have partially stemmed from the size of the requested additions, as the two applications requested additional floor area of 70 and 22 square feet, respectively.

1. Conditions of approval

2. Application and supplemental materials

3. Table Comparing Lot Sizes, Floor Area Ratios and Floor Areas in the Vicinity of 118 Hacienda Drive

4. Minutes of the October 15, 1998 Design Review Board meeting

5. Minutes of the November 19, 1998 Design Review Board meeting

6. 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 May 12, 2003, or as amended by these conditions of approval. Any modifications to the plans of May 12, 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 118 HACIENDA DRIVE

Lot Floor Area Floor

118 Hacienda Drive 13,880 3,388 3,907