Design Review Board approves fence and variance at 85 Gelder Drive over uphill neighbors' objections

The Tiburon Design Review Board voted Aug. 6 to approve the design application for 85 Gelder Drive and to make the findings for a limited variance that allows a 12-foot-long section of the proposed boundary fence to reach up to 7 feet in height.

Board members heard a 20-minute presentation from applicant Vincent Curso, who described a revised plan that reduces the fence to 6 feet above a 3-foot retaining wall along the uphill boundary and seeks a single 12-foot section up to 7 feet on the side facing 6 Wilkins Court. "For the current application, we have reduced the height of the proposed fence to 6 feet above a retaining wall that is 3 feet tall," Curso said during his presentation. He told the board the design includes an 8-inch offset from the property line to accommodate drainage and that detailed engineering and drainage specifications will be resolved during building- and public-works permit review.

Neighbors uphill at 95 Gelder Drive opposed the plan at public comment. "Combined, this is roughly a 9 foot structure, 8 inches off our line," said neighbor Richard Kandel, describing the fence stacked above a retaining wall and arguing the variance findings could not be made because any hardship is self-created. Another neighbor, Marilyn Candel, urged denial and said the proposed timber retaining wall should be replaced by an engineered reinforced-concrete wall with stamped geotechnical and drainage reports.

Staff explained that, because the applicant's plans include a change in surface elevation, the Tiburon Municipal Code exception for grade changes can apply and that some portions of the project could be handled at staff level during permit review. A planning and public-works review at the building-permit stage will examine drainage, grading and whether additional engineering or material changes are required.

During deliberations several board members said the applicant's revised graphics and lowered heights addressed prior concerns. One member moved to adopt the staff draft resolution and to find the variance findings can be made for the limited section adjacent to 6 Wilkins Court; the motion carried without recorded opposition. The board also determined the project is categorically exempt from the California Environmental Quality Act (CEQA) as stated in the draft resolution.

Next steps: the applicant will proceed to building and public-works permit submittals, where engineering, drainage and material specifications will be reviewed and may prompt additional conditions or permit adjustments.