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Planning commission narrowly approves small Del Casa addition over Warner Canyon Creek with restoration and construction protections
Summary
After extensive public comment and debate about precedent and creek protection, the Planning Commission approved a 182 sq ft second‑story addition at 81 Del Casa, finding the site’s constraints and proposed native landscaping and bioswales justified a variance; the approval includes strict construction‑management conditions to protect the creek and requires the project to return to the commission if foundation work in the setback becomes necessary.
The Mill Valley Planning Commission voted 3–2 to approve a variance allowing a modest 182‑square‑foot second‑story addition at 81 Del Casa that encroaches into the city’s 30‑foot creek setback for Warner Canyon Creek. The property—an L‑shaped house constructed in 1948—already lies within the creek setback and partially spans the creek; staff described the parcel as unusually constrained with little buildable area outside the setback.
Daisy Allen, senior planner, told the commission staff’s recommended approval rests on four findings required for a variance: (a) an exceptional circumstance uniquely constrains the parcel, (b) the need for a variance was not created by the applicant, (c) the requested variance is necessary for reasonable development on the property (the proposal does not alter the existing building footprint or require new foundations), and (d) mitigation measures and…
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