HomeMy WebLinkAboutZoning Administrator Hearing 2023-06-21 MinutesREGULAR MEETING
SAN RAFAEL ZONING ADMINISTRATOR
June 21, 2023
MINUTES AND NOTICE OF ACTION
10:13 am to
10:23 am
1. 304 G Street - Request for a variance to construct an uncovered deck
(57.25” tall) that would project into the required front yard setback by 6’-
11” and would exceed the maximum allowed lot coverage by 4%;
APN: 011-151-47; Duplex Residential Zoning District (DR); RAYMOND
SEAN & Chamin Mills, owners; W H General Contractor, applicant;
File No: V23-001/PLAN23-037
Project Planner: Renee Nickenig
BACKGROUND
Site Description
The subject property at 304 G Street is an irregularly shaped lot surrounded by the public right-of-
way at the west (G Street), south (Mission Avenue) and east (Forbes Avenue). The lot is
approximately 4,900 sq. ft in size, and the primary residence is seated at the north of the property.
The primary residence is oriented to the west (G Street), with additional access from the south
(Forbes Avenue).
Background/Prior Approvals
The existing over-height fence surrounding the southern half of the property was previously
approved in 2015 (INF15-020) as a replacement of a fence that existed prior to 1991.
Environmental Determination
The construction of the uncovered deck is deemed to be categorically exempt from environmental
review per California Environmental Quality Act (CEQA) Guidelines Section 15303 of the CEQA
Guidelines (“New Construction or Conversion of Small Structures”).
PROJECT DESCRIPTION
The project proposes to construct an uncovered deck (57.25” tall) projecting from the southern
wall of the primary residence. The deck would be constructed flush with the west and east walls of
the primary residence, which project into the required front and rear setbacks designated for the
property.
PUBLIC HEARINGS
The meeting was convened at 10:13 am. The meeting was attended by the acting Zoning
Administrator and the property owners, Sean Raymond and Chamin Mills.
A) Applicant Presentation. The property owner, Chamin Mills, spoke to the
merits of the project and the use of the existing yard area.
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June 26, 2023
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B) Public Comments. No members of the public spoke at the hearing and no
public comment has been received by the date of publication of these
minutes.
C) ZA Discussion. The applicant had no questions, and no additional
discussion took place.
The Zoning Administrator conditionally approved the proposed project.
The conditions of approval are listed below and included as part of the Zoning Administrators
decision. As such the request for a Variance to construct an uncovered deck (57.25” tall) that
would project into the required front yard setback by 6’-11” and would exceed the maximum
allowed lot coverage by 4% is approved.
The meeting was adjourned at 10:23 am.
ACTION TAKEN: Conditional Approval
FINDINGS – 304 G Street, V23-001/PLAN23-037
A. That because of special circumstances applicable to the property, including size, shape,
topography, location or surroundings, the strict application of the requirements of this
title deprives such property of privileges enjoyed by other property in the vicinity and
under identical zoning classification;
The subject lot is unusually small for the Duplex-Residential (DR) District (4,900 sq. ft.
versus the minimum required 6,000 sq. ft. for corner lots [SRMC § 14.04.040]) and is
surrounded by the public right-of-way at the west (G Street), south (Mission Avenue) and
east (Forbes Avenue). In conjunction with the required setbacks for the DR district, these
factors constrain the site in a way that deprives the property of privileges available to
surrounding properties and other properties zoned DR.
B. That the variance will not constitute a grant of special privileges inconsistent with
the limitations upon other properties in the vicinity and zoning district in which
such property is situated;
The subject property is a unique shape and size, and therefore the variance does not grant
special privileges.
C. That granting the variance does not authorize a use or activity which is not
otherwise expressly authorized by the zoning regulations for the zoning district in
which the subject property is located;
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June 26, 2023
304 G Street
V23-001/PLAN23-037
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The construction of an attached uncovered deck is otherwise permitted in all residentail
zoning districts.
D. That granting the application will not be detrimental or injurious to property or
improvements in the vicinity of the development site, or to the public health, safety
or general welfare.
The area in which the deck will be located is not adjacent to any other properties and will
not be visible or accessible from the public right-of-way.
CONDITIONS OF APPROVAL:
1. Plans and Representations Become Conditions. All information and representations,
whether oral or written, including the building techniques, materials, elevations and
appearance of the project, as presented for approval on plans, dated 5/18/2023 and on file
with the Community Development Department, Planning Division, shall be the same as
required for the issuance of a building permit, except as modified by these conditions of
approval. Minor modifications or revisions to the project shall be subject to review and
approval by Planning staff. Modifications deemed not minor by the Community
Development Director may require review and approval as an amendment to the
Environmental and Design Review Permit by Planning staff.
2. Subject to All Applicable Laws and Regulations. The approved construction is subject to,
and shall comply with, all applicable City Ordinances and laws and regulations of other
governmental agencies. Prior to construction, the applicant shall identify and secure all
applicable permits from the Building Division, Public Works Department and other
affected City divisions and departments.
3. Building Permit Required. The applicant shall obtain a building permit prior to doing any
work to meet the requirements per the California Building Code (CBC).
4. Permit Validity. This Permit shall become effective on 06/29/2023 and shall be valid for a
period of two (2) years from the date of final approval or 06/29/2025 and shall become null
and void if a building permit is not issued or a time extension granted by 06/29/2025. A
permit for the construction of a building or structure is deemed exercised when a valid City
building permit, if required, is issued, and construction has lawfully commenced. A permit
for the use of a building or a property is exercised when, if required, a valid City business
license has been issued, and the permitted use has commenced on the property.
This Notice of Zoning Administrator decision is provided in compliance with SRMC Section
14.28.050 - Notice of decision. Any aggrieved party may appeal this decision pursuant to SRMC
Section 14.28.030 - Filing and time limit of appeals, by submitting a letter of appeal and the
appropriate fees within five (5) working days of the date of approval, or by June 28, 2023 at 5:00
p.m. This approval shall become effective at the end of the appeal period.
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June 26, 2023
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The approval shall become null and void unless, during the initial timeframe provided to implement
this approval, a valid City business license has been issued, or a timely extension of time has been
filed and subsequently granted.
Once a permit approval has been implemented/established in compliance with all City requirements, it
shall run with the land and be valid for the time period specified; e.g., duration of the project/use.
06/26/2023
Renee Nickenig, Acting Zoning Administrator Date