Planning commission legalizes unpermitted 176‑sq‑ft accessory structure at 74 Madrone Avenue

The Larkspur Planning Commission on Jan. 14 approved PLN 24‑048, legalizing an existing 176 square‑foot rear accessory structure at 74 Madrone Avenue and clearing the project for building‑department review.

Staff presented the application and said the project seeks to legalize the accessory structure because the lot’s existing floor‑area ratio (FAR) is 0.42, above the code‑allowed 0.25 for the site as measured by the municipal code. The staff report recommended approval subject to findings and conditions of approval and a class 1 and class 3 CEQA exemption.

The applicant’s architect, Stuart Summers, told commissioners that the structure appears to be roughly 40–45 years old and that the owner, Brady Vinstat, purchased the property unaware the rear structure lacked a permit. Summers said the owner will work with the building department to bring the structure up to code.

Commissioners raised no substantive objections to the application. “I think it’s fine to legalize it,” Commissioner Wagstaff said during discussion. A motion to approve PLN 24‑048 carried 4–0, with one absence; staff and the applicant must complete the conditions of approval before building permits are finalized.

Why this matters: The approval regularizes an existing condition that exceeded the local FAR limit and places responsibility on the owner to secure required building permits. The commission’s action stops short of ordering any alterations beyond those required by the building‑permit process.

Implementation details and next steps: The commission’s approval is conditioned on compliance with the findings in the staff report, the stated conditions of approval, and CEQA class 1 and class 3 exemptions. The building department will perform required inspections and permit reviews before the accessory structure may remain as a legal component of the property.