Planning commission clears demolition, variance and ADU use permit for 81 Belvedere Ave., adds conditions

The Belvedere Planning Commission on Jan. 14 approved entitlements for a demolition and rebuild at 81 Belvedere Avenue, granting design review, a variance to exceed the municipal height limit within the first 40 feet of the street, and a use permit to allow an attached auxiliary dwelling unit (ADU) to exceed the 1,000-square-foot ministerial limit. Approvals passed with conditions requiring the applicant to reduce skylight size, submit a revised exterior lighting and landscape plan for review by the planning commission chair and staff, and revisit the location of a proposed street-facing trash enclosure.

Staff told the commission the project would demolish the existing 3,427-square-foot two-story house on a 15,300-square-foot parcel and build a new 4,784-square-foot principal residence plus a 1,165-square-foot attached ADU beneath a street-level garage/carport. The proposed design places a garage/carport at the front property line; one portion of the proposed roof over the garage measures 29 feet 10 inches above street level, about 1 foot 10 inches above the 28-foot height limit for the first 40 feet of the street line. Staff wrote that granting a variance requires findings under Belvedere Municipal Code '19.84.010 and argued the steep slope and the lot's triangular shape constitute special circumstances supporting the requested variance.

Neighbors who live upslope at 18 Eucalyptus Road opposed the variance, saying the garage roof would intrude on their view of Richardson Bay and raise light and privacy concerns. Justin Wicket, who lives at 18 Eucalyptus, asked the commission to deny the variance under the code's requirement that a variance not be injurious to nearby properties. Another neighbor, Elizabeth Mitchell of 20 Eucalyptus, raised concerns about increases in skylight area and exterior lighting.

Applicant Melissa Fader and architect Janai Burke (Sutro Architects) described the proposal as largely consistent with a 2018 entitlement that included a garage and ADU; the revocable license for improvements in the Belvedere Avenue right-of-way was recorded in 2018. The applicants said they plan sustainable features including rainwater capture and solar panels and that the large front cypress tree part of the controversy was approved for removal in the earlier 2018 approvals; the applicants' consultants told commissioners the cypress has since declined and dropped large branches in recent storms.

Commissioners discussed multiple technical elements: the precise location of the cypress relative to the property line and the recorded revocable license, whether the trash enclosure would impede on-street parking, the proportion and visibility of new glazing and skylights facing the bay, and whether the garage roof height could be reduced without undermining the ADU layout beneath. Several commissioners urged a reduction in exterior lighting and skylight size to limit light spill. One commissioner asked for an arborist report to document the cypress's condition before finalizing any tree removal; the commission did not make arborist documentation an absolute precondition to all approvals but included a path to require city review of any future removal if needed.

At the meeting's conclusion the commission approved four motions: design review (as conditioned), a demolition permit, a variance to exceed the applicable height limit for a portion of the garage/carport, and a use permit allowing the attached ADU to exceed the 1,000-square-foot ministerial threshold. Conditions attached to the approvals direct the applicant to:

- Reduce the size of proposed skylights (applicant to work with planning staff on a revised skylight sizing plan); - Submit revised exterior lighting and landscape plans for review by the planning commission chair and staff, showing reduced light fixtures and additional screening where requested; - Review the trash-enclosure location with the planning commission chair and staff and, if feasible, relocate it off the street encroachment area; and - Provide documentation for tree work and, if an arborist or city review finds the cypress to be in high-failure risk or otherwise unsafe, follow the city's tree removal process and any additional building-department conditions to protect adjacent infrastructure.

Staff recorded a correction to the staff report that the project's total proposed floor area is 4,784 square feet (an earlier figure in the staff report was incorrect) and said the project is categorically exempt from CEQA. The approvals will be documented in adopted resolutions and file materials; the applicant may appeal to city council if they or neighbors pursue an appeal of the actions taken by the commission.