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Ross council upholds planner, affirms minor amendments to 7 Willow Hill project

Ross Town Council · October 14, 2024
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Summary

After a de novo hearing, the Ross Town Council voted 5-0 to affirm the town plannerand adopt Resolution 24-35, allowing minor amendments to the approved 7 Willow Hill project (glass-to-cable railing, spiral-to-linear stairs, removal of podocarpus screening). Neighbors cited ADR agreement and tree/root concerns.

The Ross Town Council unanimously affirmed the town plannerand adopted Resolution 24-35, rejecting an appeal by a neighbor who objected to minor construction amendments at 7 Willow Hill.

The contested changes included replacing a glass railing with a cable railing, changing a spiral staircase to a straight-run staircase and removing podocarpus screening and a decorative rock wall. Planning staff told the council the planner had approved the amendments as "insubstantial conformity" with previously approved plans and zoning standards. Planning Director Roberta Feliciano said the planner found the changes to be minor and consistent with the design-review intent and municipal code.

Applicant Scott Grace told the council the changes were made to protect surrounding redwood roots and to increase safety for his family. Grace described the pool and deck as sitting on pillars "so it doesn't go below grade" near the tree and said both the town arborist and the applicant's arborist had advised against intrusive planting or trenching that would disturb roots.

Appellant Jeff Lucas of 22 Chestnut Avenue argued the townand the applicanthad relied on the ADR (Alternative Dispute Resolution) process and that the applicant had promised specific measures during that process. Lucas told the council he had repeatedly requested planning staff review emails and documents showing the ADR commitments and raised concerns about drainage, sightlines and whether the project had encroached on setbacks.

Neighbor Judy Lucas emphasized the need to protect the ADR process and the public record, urging the council against allowing changes after a public forum and approval process.

Council discussion focused on whether the plannerin exercising administrative discretionhad acted reasonably. Multiple councilmembers said they had visited the site and considered the changes minor in nature. Councilmember Dowling moved to adopt the resolution affirming the planner's decision; the motion passed 5-0.

The council's action leaves the minor amendments in place as approved by the planner but preserves the council's authority to review similar cases in the future.

Speakers quoted in this report spoke at the hearing and are listed in the meeting record.