Tiburon council upholds Design Review Board, denies neighbor appeal of 14 Southridge East remodel

The Town of Tiburon Council on Sept. 3 denied an appeal from a neighboring property owner and upheld the Design Review Board’s June 5 approval of a site-plan and architectural review application for 14 Southridge East. The approved project includes approximately 661 square feet of new floor area, new decks, retaining walls, exterior lighting, landscaping and grading; the DRB’s approval included variances for a reduced south-side setback, an increased deck side-yard projection and an increase in lot coverage.

Associate planner Savannah Bonackin summarized staff’s recommendation to deny the appeal, saying the DRB found minimal privacy, sunlight or view impacts and made the findings required by town code. Bonackin noted the DRB unanimously approved the project on June 5 with an added condition requiring screening along the shared property line between 14 and 16 Southridge East.

Appellant Alexander Mortazavi and his wife, who live at 12 Southridge East, told the council they have enjoyed privacy and views for 46 years and that the proposed remodel would expose bathrooms and bedrooms to new sightlines, reduce sunlight to east-facing windows and replace hillside vistas with neighboring structures. "There is no logical explanation as to why the design board approved this project with all its violations of the ordinances and the municipal codes of Tiburon Town," Mortazavi said. He and his wife submitted photographs and asserted the existing vegetation that staff cited as screening is located on the Mortazavis' property and is not a permanent privacy solution.

Project architect Scott Couture told the council the house at 14 Southridge East was last substantially updated decades ago and required interior and exterior upgrades; he said the design consolidates and reduces overall deck area while adding modest interior area mostly as infill beneath existing decks. Couture said the neighborhood historically uses variances because of steep lots and preexisting development patterns from prior county standards. "We are not projecting ourselves into the view corridor of 16 Southridge East," Couture said, describing photo montages and story-pole views shown to the DRB and council.

Public comment included a neighbor, Rick Thompson of 18 Southridge East, who described the neighborhood’s unique “horseshoe” orientation toward views of San Francisco and the bay and said many properties rely on small variances to balance competing view corridors.

Council deliberation returned repeatedly to the standard for an appeal: whether the DRB erred in making its findings. Multiple council members said the DRB heard testimony, considered privacy and view impacts, and unanimously approved the project; the council expressed deference to the DRB’s local design expertise. After discussion the council voted to deny the appeal and directed staff to prepare the appropriate resolution language for adoption at a later meeting.

Specifics noted in staff materials and presentations: the approved variance package included a reduced south side yard setback of 13 feet, 6 inches where 15 feet is required; an increased deck side-yard projection of 10 feet where 3 feet is normally the maximum; and an increase in lot coverage to 25.7% (staff reported the existing coverage at 24% and the code maximum at 15%). The DRB record and staff presentation also document that variances for lot coverage and setbacks have been common in this hillside neighborhood since annexation from Marin County.

Council action: Motion to deny the appeal and direct staff to return with resolution language carried unanimously among the members present; two members were absent. The council explicitly cited the DRB’s unanimous findings and the project’s compliance with the design review findings as the basis for upholding the approval.