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Corte Madera planning commissioners approve 169 Birch Avenue addition with planter‑box privacy condition

Corte Madera Planning Commission · May 13, 2026
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Summary

The Corte Madera Planning Commission approved design review PL25-0065 for a 636 sq ft second‑story and 158 sq ft first‑story addition at 169 Birch Avenue, conditioning approval on a deck planter/landscaping solution to address neighbor privacy concerns; the vote was recorded in favor by three commissioners.

The Corte Madera Planning Commission on May 12 approved a design review application (PL25-0065) to add a second story and modest first-floor addition to a single‑story home at 169 Birch Avenue, with a condition requiring a planter/landscaping solution on the proposed deck to provide additional privacy screening not to exceed roughly 7–7.5 feet.

Town planner Claire Smith presented the staff report, saying the project proposes a 636-square-foot second‑story and a 158-square-foot first‑story addition to an existing 1,891-square-foot residence on a 6,000-square-foot R‑1 parcel. Smith told commissioners the property sits in a FEMA flood zone and the work includes raising the residence above the base flood elevation; the resulting height would be about 24 feet 5 inches, below the 30‑foot maximum. She said the existing house has two legal nonconforming setbacks but the new additions would meet current setback requirements. "Staff is recommending approval of this application," Smith said.

Architect Jared Polsky, representing owners Mark and Kathy Mindum, described design revisions made after neighbor outreach and story‑pole testing, including moving the first‑floor addition toward the middle of the lot and reducing second‑story eave overhangs and some windows to lessen view and privacy impacts. "We worked hard to respond to all the neighbors' concerns," Polsky said, noting the changes cost the homeowners a Mount Tamalpais view from the primary bedroom.

Commissioners focused discussion on privacy and deck height. Commissioner Valerie said she supported the project but was concerned the proposed deck elevation could compromise privacy for the adjacent property at 165 Birch, noting the deck as presented would leave only about 3 feet 6 inches of apparent separation relative to the top of the existing fence. Commissioner Margaret Bridal called the project a substantial improvement and urged solar readiness and strong landscaping.

After deliberation, Commissioner Valerie moved to approve PL25-0065 with a condition requiring a planter box or equivalent planting solution on the deck to create screening between the two properties that would not exceed approximately 7 to 7.5 feet in height; the motion was seconded and carried with recorded affirmative responses from Commissioner Bridal, Commissioner Pechoyer, and Chair Kenny.

Smith told the public that any Planning Commission decision may be appealed to the Town Council within 10 calendar days and that appeal forms are available at Corte Madera Town Hall or online; a $1,500 filing fee applies.

The commission’s action follows staff analysis that the project meets required design review findings and reflects design concessions the applicant made after outreach to nearby property owners. The applicant will proceed through the town’s building‑permit process, where compliance with Title 24 energy requirements and any final conditions will be confirmed.