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Council upholds design review board approval for deck at 16 Place Millon after appeal
Summary
After a contested appeal, Tiburon’s council denied an appeal of a DRB decision to approve a new elevated deck and stairwell at 16 Place Millon. The DRB had required a six-foot privacy screen on the exterior stairwell; appellants said the proposed 1,400-square-foot elevated deck would overwhelm neighbors and invade privacy.
The Tiburon Town Council on Jan. 15 denied an appeal of a Design Review Board (DRB) approval for a new elevated deck and connecting stairwell at 16 Place Millon, upholding the board's conditional approval.
Planning staff described the application as a proposed approximately 1,400-square-foot deck plus an approximately 200-square-foot exterior stairwell on a steeply sloped lot off Sugarloaf Drive. Staff said the Design Review Board reviewed the project in October and November 2024 and adopted a resolution conditionally approving the proposal, adding a requirement the stairwell include a six-foot tall privacy screen before building permits would issue.
Appellant counsel Mike Lamphere, representing Cliff Alm (owners of 18 Place Millon), told council the deck "is a massive deck" that would be up to about 27 feet above grade in places and would create a direct line of sight into his client's family room, living room and kitchen. Lamphere asked council to remand the application to the DRB to require reducing the deck size, relocating the stairwell away from the privacy wall, and lowering the structure so it is not visible from 18 Place Millon.
Owner Daria Hosseini and the applicant's attorney Elizabeth Bridal said the proposal is consistent with neighborhood decking and that the lot's steep topography limits options for at-grade useable outdoor space; they also said they attempted neighbor outreach and offered the stairwell screening the DRB required. Hosseini said the family wants a safe, level outdoor area for children and noted several neighboring properties have decks and similar improvements.
Staff presented an inventory of existing elevated decks in the immediate neighborhood and said the proposed lot coverage (about 21.6%) aligns with other developed lots in the Precise Development Plan; staff also noted the Tiburon Fire Protection District would review fire-and-building-code compliance at the building permit stage.
After public comment and additional argument from both sides, councilmembers discussed the record and the DRB's process. Several councilmembers emphasized the DRB followed the Brown Act and municipal code requirements, reviewed neighborhood context and added a privacy condition. Councilmember Ryan and others said the DRB held a robust review and that the conditional approval included the privacy screen to address neighbor concerns.
By roll call, the council voted to deny the appeal (thereby upholding the DRB approval). The recording shows: Council member Nick Farr — yes; Council member Ryan — yes; Vice Mayor Wellner — yes; Mayor Mary Thierault — yes (Council member Fredericks absent). Council directed staff to prepare the appropriate resolution memorializing the action for the next meeting.
