TO: DESIGN REVIEW BOARD

FROM: PLANNING MANAGER WATROUS

SUBJECT: 390 GREENWOOD BEACH ROAD; FILE # 20313

SITE PLAN AND ARCHITECTURAL REVIEW FOR AN ADDITION AND REMODEL OF AN EXISTING SINGLE-FAMILY DWELLING WITH VARIANCES FOR REDUCED FRONT YARD SETBACK AND EXCESS BUILDING HEIGHT

MEETING DATE: JULY 17, 2003

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PROJECT DATA:

ADDRESS: 390 GREENWOOD BEACH ROAD

ASSESSOR=S PARCEL: 55-021-05

FILE NUMBER: 20128

LOT SIZE: 4,500 SQUARE FEET

ZONING: R-1 (SINGLE-FAMILY RESIDENTIAL) AND M (MARINE)

GENERAL PLAN: MEDIUM HIGH DENSITY RESIDENTIAL

FLOOD ZONE: C/A-1

DATE COMPLETE: JULY 25, 2001

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 15301.

PROPOSAL

The applicant is requesting Design Review approval for remodeling to an existing single-family dwelling and garage on property located at 390 Greenwood Beach Road. The property currently contains a two-story residence and a single-story garage.

A previous Site Plan and Architectural Review application (File #20128) was approved by the Design Review Board on August 16, 2001 to 853 square feet of additions to the existing buildings on the site. The previous application also included variances for reduced front and rear yard setbacks and excess lot coverage, along with a floor area exception.

The applicant now wishes to modify the previously approved plans for this project. The proposed modifications include an extended deck to the rear of the lower level of the house; a gabled roof for the garage; and a new chimney. The floor area for the property would remain unchanged from the previous approvals. The deck would increase the approved lot coverage on the site by less than one percent; Town policy does not require a variance for excess lot coverage in such cases.

A portion of the existing garage extends to within one foot (1’) of the front property line. The front portion of the proposed gabled roof would also extend into this required setback. Therefore, a variance is requested for reduced front yard setback.

A portion of the proposed gabled roof would also increase the measured height of the building at the rear of the garage to 33.5 feet above the existing grade. As the maximum building height in Tiburon is 30 feet, a variance is also requested for excess building height.

Colors and materials samples have not been submitted for this application. The previously approved plans indicate the use of wooden shingles with white trim for the exterior of the building, and black asphalt shingle roofing.

ANALYSIS

Design Issues

The subject property drops sharply down from Greenwood Beach Road toward the bay. The existing house is barely visible from the street. The garage is the only structure which is situated at street level, with the house situated below the grade of the street facing the bay. Mature vegetation and a fence exist along the front property line, further screening the house from view.

Variances for reduced front yard setback (File #24101) and reduced front and rear yard setbacks (File #25204) have previously been approved for the subject property. The existing garage projects past the front property line, but none of the proposed construction will project past this property line.

The applicant has indicated that the additional garage roof height is needed to provide an adequate entrance for the garage. Street repaving projects have made the slope to the existing garage door unusable, necessitating a higher garage door than can be possibly installed while maintaining the current flat garage roof. The proposed gabled roof design is intended to complement the exterior design of the remainder of the house.

The proposed deck extension to the rear would be situated at a low elevation that should eliminate any potential view or privacy impacts from neighboring homes. The proposed chimney would not interfere with the views for any homes in the vicinity.

At least 15 other properties along Greenwood Beach Road have previously received variances for reduced front yard setbacks. Other properties along this street that have received variances for reduced rear yard setbacks include homes at 390, 410 and 442 Greenwood Beach Road (Files #25204, 283152 & 27908). Variances have previously been granted for excess building height on properties located at 404, 412 and 428 Greenwood Beach Road (Files #296017, 27735 & 27730).

Zoning

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 yard setback and excess building height.

In order to grant the requested variances, the Board must make the findings as required by Section 4.03.05 of the Tiburon Zoning Ordinance. Staff suggests that the following findings may be made in support of the requested variance:

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.

Special circumstances that apply to this property include its unusual shape, small size and steep slope. The rear property line is V-shaped, creating a very narrow center of the parcel. The entire property has an area of 4,500 square feet, which is substantially less than the 10,000 square foot minimum lot size in the R-1 zone. The property also drops sharply away from the front property line, with the foundations of the garage building on the site angling downward beneath the garage itself. The unusual configuration, small size and steep slope create special circumstances that differentiate this property from other R-1 zoned lots in Tiburon.

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 stated above, several other homes in this neighborhood have received variances for reduced front yard setback and excess building height.

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

The location of the existing garage below the surface of the adjacent street creates a practical difficulty in maintaining the required front yard setback with the current garage configuration. However, the area of the proposed garage roof modification that extends above the 30 foot maximum building height is not needed to provide adequate interior space or access to this garage; therefore, the strict application of the maximum building height requirement 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.

As previously noted, the proposed construction would not result in view or privacy impacts on neighboring property owners which currently have views across this site.

From the evidence provided, Staff believes that there is sufficient evidence to support the findings for the requested variance for reduced front yard setback. However, Staff believes that the finding cannot be made that the strict application of the maximum building height requirement would result in a practical difficulty or an unnecessary hardship on the applicant.

Public Comment

To date, no letters have been received regarding the subject application.

RECOMMENDATION

The Board should review this project with respect to Zoning Ordinance Sections 4.02.07 (Guiding Principles) and determine that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15301. If the Board agrees with Staff’s conclusions, Staff would recommend that the variance for reduced front yard setback be approved, the variance for excess building height denied, and that the attached conditions of approval be applied. If the Board wishes to also approve the variance for excess building height, the appropriate findings should be made.

ATTACHMENTS

1. Conditions of approval

2. Application and supplemental materials

3. Minutes of the August 16, 2001 Design Review Board meeting

4. Submitted plans

CONDITIONS OF APPROVAL

390 GREENWOOD BEACH ROAD

FILE #20313 

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 June 9, 2003, or as amended by these conditions of approval. Any modifications to the plans of June 9, 2003, must be reviewed and approved by the Design Review Board.

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.

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 other than those approved by the Design Review Board must be down light type fixtures.

7.    Prior to issuance of building permits for this project, the applicant shall provide proof of approvals from the San Francisco Bay Conservation and Development Commission.