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Ross ADR split over garage moved to front setback at 36 Allen Avenue
Summary
A divided Ross Advisory Design Review Group recommended sending the application for a proposed front-yard garage and ADU at 36 Allen Avenue to the Town Council after members disagreed whether a hardship justifies allowing a garage in the front setback.
The Ross Advisory Design Review Group was split Tuesday on whether to recommend approval to the Town Council of plans for a detached garage and accessory dwelling unit at 36 Allen Avenue.
Town planner Alex (last name not specified) told the group the applicant seeks design review, an ADU permit, and a variance; staff "recommends that the ADR ask the applicant to redesign the project to meet the development standards in the Ross Municipal Code," because the proposed detached garage does not meet the required front yard setback.
Owner John Moe said the project responds to concerns raised at an earlier ADR meeting and that the garage size was reduced from 624 square feet to 460 square feet "to remain within the existing nonconforming floor area." He said the revised detached garage would sit about 19 feet from the front property line and that the property has limited options for locating parking without encroaching into setbacks. "I've lived in Ross for 37 years," Moe said, explaining his preference to use a garage rather than park on the street.
During discussion members questioned whether the applicant had demonstrated the kind of specific hardship required for a variance. Several ADR members expressed concern about setting a precedent that would encourage future applicants to request front-yard garages instead of placing ADUs or parking in rear yards. "I think it would be a really bad precedent to okay this just with the threat of there will be an ADU there instead," said Steven Sutro (ADR member).
Other members noted the applicant reduced the garage square footage and argued that transferring an existing nonconforming garage footprint from the rear to the front could be treated similarly to maintaining existing nonconformities. One member said the "special circumstance would be the transferring of a garage in a setback, square footage the same way we do the FAR existing nonconformity."
The ADR took a poll to form a recommendation to the council. The panel split; two members recommended approval and two opposed recommending approval, with one member absent, so the matter will go to the Town Council without a clear ADR recommendation.
The item will be considered by the Town Council, which will make the final decision on variance findings and any permit approvals.
