Planning panel approves setback variance for 7 Robertson Terrace

The Mill Valley Planning Commission on Dec. 9 approved a variance allowing a rear upper-level deck and attached stairs at 7 Robertson Terrace to encroach 4 feet, 10 inches into the required 15-foot exterior rear setback.

Staff presented the application and said the double-frontage, 4,650-square-foot lot has a 21 percent slope and longstanding constraints that limit buildable area. Associate Planner Michelle Johnson told commissioners the project replaces two existing nonconforming decks with a single smaller deck, reduces lot coverage from 43.1 percent to 39.7 percent — under the 40 percent maximum — and meets other RS6 development standards. "The hardship is not self created," Johnson said, arguing topography, lot configuration and the house placement predate the current owner.

The applicant described practical reasons for the change, saying the deck would improve flow from the kitchen to the yard and make outdoor space usable for multigenerational family members. "Wewe'd just like to enjoy it a little more," the applicant said.

Commissioners asked few questions and emphasized that the project reduces previously approved encroachments and would preserve visual screening from Montford Avenue. Commissioner Skiles moved to approve the variance as presented; the motion passed unanimously. The commission found the project categorically exempt from CEQA under California Environmental Quality Act Section 15303 and approved the variance subject to the conditions in the staff report.

The commission's action authorizes the applicant to proceed with the revised site plan and the smaller consolidated deck design; any appeals, building permits or final inspections will follow the city's standard land-use and building processes.