Staff Report

ITEM NO. E-3

REPORT DATE. 4/26/02

ASSESSOR=S PARCEL: 039-211-06

ENVIRONMENTAL DETERMINATION:

This proposal is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303(e).

PROPOSAL:

The applicant has submitted a request to construct a bedroom/bathroom addition, replace an existing rear deck with a new reconfigured deck, and install bay windows for the residence located at 177 Stewart Drive. The existing home is located slightly below street level on an irregularly shaped lot. The existing home has two stories and a linear floor plan encompassing approximately 3,135 square feet.

The floor area of the proposed bedroom addition is approximately 600 square feet, and located on the north end of the residence. The bay windows would be installed on the west side of the residence, on both the lower level an upper levels, and would increase the floor area by approximately 150 square feet. The total floor area of the additions would be approximately 750 square feet bringing the residence to 3,886 square feet, which meets the floor area regulations for the property. The existing deck on the west side of the residence will be replaced with a smaller deck and spiral staircase. Other work proposed for the residence includes a new skylight above the kitchen on the east facing slope of the roof, a new entry door, and upgraded windows throughout. The total floor area of the additions would be approximately 750square feet,which would bring the residence to 3,886 square feet

Along with the proposed additions, the applicant is requesting a variance for reduced side yard setback. The required side yard setback according to the RO-2 zoning district regulations is 15 feet. The proposed addition encroaches on the side yard setback by a maximum of 3’1". Therefore, the applicant is requesting a variance for a side yard setback of 11’11" in lieu of the standard 15 feet.

Zoning

As previously stated, the applicant is a requesting variance for reduced side yard setback. Staff finds that the project is in conformance with the remainder of the development standards for the RO-2 zoning district.

Design Issues

The colors and materials of the exterior of the proposed additions would match the existing residence. The siding on the proposed addition would be T1-11 plywood, and the roofing materials would be wood shingles. The new wood deck would have a tempered glass railing for safety and wind protection.

Not only would the colors and materials of the addition match the existing home, but so would its design. The addition would not significantly increase the appearance of mass and bulk, and would maintain the linear floor plan of the existing home. Because of this, the potential view or privacy impacts to the neighboring properties are minimal. The potentially most effected property would be next door at 179 Stewart Drive, but there is enough grade change and vegetation between the two properties to adequately screen the proposed project.

As previously statedoposed, the project meets the floor area requirements. (You should mention this up in the Proposal section). However, the plans indicate that there would be a significant crawl space created under the proposed addition, and if in the future this crawl space were converted to living space, the property would exceed its floor area limit. In light of past problems with the conversion of sub-floor areas, it is important for the Board be aware of this situation. As long as this space remains unfinished and unexcavated, it would not contribute to the overall floor area of the residence, and the property would remain in conformance with the floor area requirements. A section of the proposed addition, showing the sub-floor area, has been attached.

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:

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 project architect has suggested that the shape and topography of the site limits the expansion potential of the existing house. The site’s boundaries are an irregular trapezoidal shape, and the property slopes steeply downhill beyond the established building pad/pool area. The least disruptive areas of expansion for the existing house are on the north and south sides of the house. (Is this a special circumstance?).

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.

There have been many variances granted in the neighborhood for reduced front and rear yard setbacks. More specifically, variances for side yard setbacks have been approved for 197, 197, and 199 Stewart Drive.

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

The project architect has suggested that the strict application of the Zoning Ordinance would result in either one of the two following design alternatives, each (both?)both of which would constitute a hardship for the property owners:

Placement of the addition within the only level, usable yard area of the site, thereby eliminating such area and obstructing views from the existing living areas, or;

A significant reduction of the master bedroom/bath addition’s square footage, which would restrict the owner’s enjoyment of their property.

4. The granting of the variance will not be detrimental to the public welfare or injurious to other properties in the vicinity.

As noted above, the addition would not result in significant privacy or other impacts detrimental to the public welfare or injurious to other properties in the vicinity.

Public Comment

To date, no public comments have been received regarding this project.

RECOMMENDATION:

It is recommended that the Board review this project with respect to Zoning Ordinance Sections 4.02.07 and 4.03.05 (Guiding Principles, and Variance Findings by Acting Body). 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 for reduced side yard setback, then it is recommended that the project be approved with the attached Conditions of Approval.

1.    Conditions of Approval

2.    Application and supplemental materials dated March 26, 2002.

3.    Findings for the variances as submitted by the applicant.

4.    Section drawing through the proposed addition.

5.    Plans for the project.

EXHIBIT 1  CONDITIONS OF APPROVAL  177 STEWART DRIVE  FILE #20212

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 February 20April 1, 2002, or as amended by these conditions of approval. Any modifications to the approved plans must receive further design review and approvals.

3.    All exterior lighting shall be shielded downlighting.

4.    No lighting fixtures shall be located in the wells of the skylights, and the skylights shall be tinted in a non-reflective manner.

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.