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PLN2006-00074 (Appeal of the BZA Approval ofPLN2005-00063) 5 December 4, 2006 As part of the presentation to the Board of Zoning Adjustments on July 20, 2006, the applicant stated that they would be willing to eliminate the tallest portion of the proposed main dwelling - the circular tower element - to mitigate the view concerns of the neighbors on Vistagrand Drive. Furthermore, after meeting with the neighbors regarding their concerns over the size of the home, the project architect reduced the livable area by eliminating two bedrooms and one bathroom and reducing the master suite. With these modifications to the plans, the overall livable building area would be reduced from 8,002 square feet to 6,907 square feet. ~ With the modified design, the maximum roof height would be approximately 28 feet, reduced from the maximum of approximately 30 feet in the original design. The overall roof line of the stepped building at its ridges exceeds the l8-foot height limit by a range of 4 to 12 feet. The applicant has prepared a sketch of the slope and maximum height of 18 feet, on the building section plans, to show the difference in proposed roof heights (see Attachment 14). The revised, lower profile elevation and plans are attached to this report in the exhibits in Attachments through 16. After the Board of Zoning Adjustments closed the public hearing, the Board discussed the size and hill stability issues. Staff noted that the number of adults allowed in the home is governed by the Building Code and that the conditions of approval included the requirement of a Zoning Permit. The majority of the Board members noted that the scope of the project was appropriate for the large, 1.5-acre site and felt that the alternative of several homes on this large lot would have a greater impact both in terms of traffic and site disturbance. A minority opinion expressed its disapproval of the height of the structure and the size of the home. Based on this discussion the Board of Zoning Adjustments approved the application with a vote of 5 ayes and 2 noes. The Findings of Fact for Approval for the Height Exception and Major Site Plan ReviewNiew Preservation included, but were not limited to: that the physical impacts to the neighbors, in terms of light and air, are minimized due to the proposed deep setbacks for the structures which exceed what is required for the RS- VP District; that the proposal will be compatible with existing adjacent development of larger homes in the immediate neighborhood on Darius Way; and that the primary views of the neighbors will not be adversely affected with the approval of the project due to the up slope position of the Vistagrand Drive lots and eastern orientation of the home and in-law unit. Finally, the BZA found that the proposal meets the goals and policies in the General Plan, particularly as relates to the provision of executive housing in appropriate locations. Staff believes that the approval of a height exception for this proposal would not set a precedent for other projects, nor would it lead to approval of other large homes. This project is reviewed in the context of its unique site as a large, 1.5 acre lot, set into the easternmost lot ofthe Darius Way subdivision. The appellant provided photographs ofthe story poles for the proposed project, taken from the back yard of his home on Vistagrand Drive. These poles show that the roof line of the main dwelling does partially encroach on the views of the hillside and the homes in the unincorporated areas to the south of the Bay-O- Vista neighborhood (views looking down the hill), but do not obstruct the primary views of the San Francisco Bay or the southern horizon. These photos are in Attachment 25.