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Zoning administrator approves pool and mechanical-equipment variance for 271 Fair Hills Drive
Summary
The City of San Rafael zoning administrator approved a design review and variance allowing pool mechanical equipment within the front setback at 271 Fair Hills Drive, conditioned on verification of noise-ordinance compliance and screening; a five-business-day appeal period applies and is extended for a city holiday.
The City of San Rafael zoning administrator approved an environmental and design review and a variance to allow pool mechanical equipment to be installed within the front setback at 271 Fair Hills Drive, the hearing officer said. Micah Hinkle, the community economic development director serving as the zoning-administrator hearing officer, closed the public hearing and announced the approval with conditions.
Renee Nicknagel, the associate planner assigned to the project, told the hearing that the proposal is for a new pool and spa as accessory structures and for a variance that would permit associated mechanical equipment and its enclosure inside the front setback on the hillside property. Nicknagel said the design otherwise meets development standards and that the project includes restoring another portion of the site to its natural state.
Pete Peterson, the landscape architect representing property owner Ann Warren, said the lot is triangular and constrained, which makes a conventional equipment location impractical. "To do it without a variance, we would tuck it right underneath the bedroom window of the adjacent neighbor," Peterson said, arguing the chosen location minimizes impacts on surrounding properties.
Hinkle said he had visited the site and determined the lot's unusual shape supported the findings needed for a variance. Before granting approval, he asked staff to include a condition requiring verification that the pool equipment will comply with the city's noise ordinance at both daytime and nighttime operation, and that required screening or baffles be shown and permitted during the building-permit review.
An applicant representative confirmed the project team was "on board" with meeting the pool-ordinance and noise-ordinance requirements. With no public comment and no outstanding questions, Hinkle closed the hearing and said the two entitlements would become effective if no appeal is filed.
The hearing officer explained a five-business-day appeal period applies; because of a city holiday the appeal deadline is extended and will end at 4:00 p.m. next Thursday. If no appeals are filed, the entitlements become effective the following day and the applicant may proceed to obtain building permits.
