Design Review Board approves variances for 10 Rally Circle to add taller fence and expand driveway

The Tiburon Town Design Review Board on May 21 adopted a resolution approving a pair of variances for 10 Rally Circle that will allow the homeowners to raise a retaining wall and install an 8‑foot fence along a sloped property line and to expand the paved area in front of the house.

Applicants Brandon Dement and his wife, Natalie, told the board their goals are family‑oriented: a level turf play area on the west side of the lot, a patio south of the house and improved front‑yard access. They said Richardson Bay Sanitation located a sewer line under the existing fence, which prompted them to move the fence to the property line and to request an 8‑ft structure because the slope makes a shorter fence effectively about 6 feet from the uphill side.

The variance request covers: a 6‑ft solid fence with a 2‑ft trellis (8 ft total) on the southwest corner to maintain privacy where the neighbor’s houses sit higher; and grading and a short retaining wall to create a flat turf area for the family. The applicants also proposed modest driveway regrading and paving at the front (plans show the paved frontage at about 17 ft) and said substantial vegetation and two large front trees would be retained.

During public comment neighbor David Middleman (20 Rally Circle) urged the board to condition approval on replacement of a failing shared fence and retaining wall that he said is unsafe, arguing the Dement project increases the risk to his property if the shared wall fails. "That fence wall is failing. It is unsafe," Middleman said, asking the board to require the applicants to replace the shared structure or at least limit work in the side setback. Applicants responded that they had discussed the shared wall with Middleman since moving in but that the parties had not reached agreement; for structural and drainage reasons the Dement family removed the shared wall from this submittal and said they remain willing to negotiate with their neighbor.

Other neighbors voiced support. Chris Norris (101 Howard Drive) testified that an 8‑ft fence is necessary because the topography places the Dement yard above his house and the taller fence preserves privacy. Linda Sapolski, who lives across the street, said she supported the plan and found it reasonable.

Staff (Savannah Vanen, joining on Zoom) explained that any curb reduction or work that affects public right‑of‑way would require a separate encroachment permit from the Town's Public Works Department; she also noted the town code allows an elevation‑change exception for fence height only where there is a specific grade break at the exact fence location, and the Dement site did not strictly meet that exception, which is why the board considered a variance.

Board members reported visiting the site and debated privacy and topography. Several said the slope and retaining wall constitute a special circumstance that supports the variance findings. The board moved, seconded and adopted the draft resolution approving the variances (board voices were recorded in favor and no opposition was recorded). The approval notes the encroachment permit requirement and that replacement of any shared wall remains a civil matter between property owners unless a party brings a separate application.

The board’s final action was adoption of the draft resolution for 10 Rally Circle; the motion was seconded and approved. The applicants and neighbors were urged to continue private discussions on the shared fence.