Planning commission grants variance for second driveway at 26 Scenic Road, conditions approval on ADU construction

The Fairfax Planning Commission on March 20 approved a variance allowing a second curb cut and a new off-street parking space at 26 Scenic Road, but tied the approval to the eventual construction of an accessory dwelling unit (ADU) on the lot.

Staff described the proposal as a voluntary second driveway entrance and parking area to serve an ADU the property owners say they would build in the backyard. Scenic Road is roughly 24 feet wide curb to curb in front of the property; staff said the two curb cuts would result in an aggregate driveway width of about 23 feet, exceeding the 20-foot driveway width allowed by town code. The proposed new curb cut would be 12 feet (including flared edges) with an approximately 9-foot clear parking width from the cut to the property edge. The second entrance would be roughly 16 feet from the existing driveway on the same property and about 9 feet from the adjacent property—'s driveway at 30 Scenic Road, which triggers a variance because a single-family lot is limited to one driveway per frontage and a separation requirement of 40 feet.

Planning staff said the design conforms to Marin County uniform standards and that neither Ross Valley Fire Department nor Fairfax Police expressed concerns. Staff also noted the property owner proposed to reduce impervious surface from about 44% to roughly 29% of the lot, which would bring the site into compliance with the town—'s 35% lot-coverage requirement.

The application prompted extended discussion among commissioners about precedent, safety on the narrow, sloped street, and whether the approval should be conditioned on actual construction of an ADU rather than an applicant—'s statement of future intent. Commissioner comments ranged from concerns that the parcel—'s circumstances are not demonstrably unique compared with other pre-auto-era lots in the district, to the observation that many older properties face the same parking constraints and that adding an off-street space could reduce on-street pressure.

Neighbors spoke during public comment. Malcolm Fearon, who lives at 30 Scenic Road, asked whether the curb cut would worsen stormwater flows on the downhill slope and whether tree roots for a nearby oak would be affected; staff said public works and the building official review driveway connections and had not flagged drainage problems for this site, and that details would be reviewed at building-permit stage. Applicant Matthew Anderson said the ADU, if built, would be in the backyard near the garage and that the second driveway is needed for a dedicated parking space; he also complimented staff for a transparent process.

Because commissioners expressed concern about approving a curb cut solely on an applicant's intent to build an ADU, the commission added a condition that the variance approval be tied to the construction of an ADU on the property. The motion to approve (Resolution 25-04, application no. 2504) included that condition; the roll call found Newton, Kelly, Petrone, Jansen and Chair Pfeffer voting aye and Commissioner Bayla and Commissioner Bella (recorded as "Bayla" in the roll call) voting no. The chair announced the motion carried and noted a 10-day appeal period. The staff file and project plans are posted on the town website as attachments to the staff report.