The Fairfax Planning Commission on Nov. 20 approved a conditional use permit and a combined side‑yard setback variance to legalize a partially constructed, approximately 120‑square‑foot detached home office at 76 Frastock/Frustock Avenue.

Planner Kara presented the staff report recommending approval, citing the property’s irregular 11,200‑square‑foot lot, steep 47% slope and the home office’s limited size and matching exterior materials. Kara said, “Findings can be made to grant the conditional use permit and the combined side yard setback variance.” The staff report noted only one outside agency condition: the Ross Valley Fire Department’s requirement for a sprinkler in the unit.

The applicant, Justin Montante, described the project as a modest, low‑impact workspace intended to enable remote work and support a growing family. “We’re proposing, as Kara mentioned, this 120 square foot structure off of our existing deck,” Montante said, adding that materials and roofline were chosen to match the house and preserve neighborhood character. Montante told the commission he had discussed fire‑protection options with Ross Valley Fire and contractors and proposed using a 350‑gallon water tank to supply a single sprinkler head rather than connect to the public water main because of a steep driveway.

Commissioners focused questions on how setback tables were presented in the staff packet and whether the proposed structure should be counted as a new building for combined‑setback calculations. Commissioner Jansen questioned the accuracy of Table 2 and whether the staff packet should remove or correct it; staff agreed the tables caused confusion and clarified that the combined side‑yard setback is measured across the property rather than separately for each structure.

Commissioner Newton moved to approve Resolution 2025‑24 (application 2524), which authorizes the conditional use permit and combined side‑yard setback variance to legalize the home office and a roughly 4‑by‑13‑foot deck extension; the motion was seconded and approved with one recusal (Commissioner Kelly). The commission noted a 10‑day appeal period for the decision.

The project record shows the Ross Valley Fire Department condition remains a requirement to be satisfied before building permits are finalized. If no appeal is filed, the applicants may pursue the building permit process, which includes a 10‑day appeal window following the commission’s decision.