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Commission approves variance to rebuild garage 13 ft from front lot line with tree-protection condition
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Summary
Planning staff and commissioners approved a variance allowing a two-car garage at 109 Tamalpais Ave to be 13 feet from the front property line (20 ft required). Commissioners required an arborist report and tree-protection plan prior to building permit issuance to protect a heritage tree adjacent to the site.
The San Anselmo Planning Commission on April 6 approved a variance to allow a two-car garage at 109 Tamalpais Avenue to be located 13 feet from the front property line where a 20-foot setback is normally required.
Staff said the lot is substandard and unusually shaped (about 7,050 square feet with a roughly 4% slope) and described prior related approvals, including a 2014 administrative variance for a similar garage that was never built. Staff recommended adoption of a resolution finding the project categorically exempt from CEQA and consistent with the General Plan and zoning ordinance, subject to the findings and conditions in the staff report.
Commissioners raised concerns about a heritage tree on town property whose canopy extends over the proposed garage footprint. Several commissioners asked whether an arborist report and a tree-protection plan should be required before construction to protect the tree’s root zone and canopy. Planning staff recommended a condition of approval requiring a tree protection plan and said an arborist report could be included as part of that condition; staff noted it is common to include such conditions to protect public trees.
An applicant representative described the proposed garage as a modest, light-frame structure with permeable driveway surfacing and simple spread-footing foundations; the design team said they had contacted neighbors and received positive responses. After discussion about sequencing the arborist review and construction documents, a motion to approve the variance with recommended conditions was made, seconded and approved by unanimous voice vote. Acting Chair Jennifer Asselstine reminded the public that commission decisions are subject to a 10-day appeal period.
The approval includes the condition that prior to issuance of any building permit, the applicant must submit a tree protection plan prepared by a qualified arborist for review and approval by the planning department; the approved plan must be installed prior to permit issuance.
