West Marin's lone representative on the commission, Art Mills of Point Reyes Station, called the decision a huge victory for the preservation of agriculture on the east shore of Tomales Bay.
"A large-scale estate is what it is," Mills said of applicant Andrew Varlow's plan this week. "It's never going to be used or sold as a farm, [and] it will stimulate other conversion" from agricultural land to ranch-style estates.
The applicant argued that A-60 zoning (one house per 60 acres of agricultural land) offers plenty of protection against the overdevelopment of pasture land.
He added that the case is a clear battle for individual property rights. "You will see that we are going to prevail," he said.
Varlow, a retired owner of property-management firm, had hoped to build a main residence (6,296 square feet and 27.5 feet high), an attached three-car garage (827.5 square feet), and a detached barn (3,264 square feet) on his hillside property.
Varlow, represented by his son Ted, a developer, and consultant Scott Hochstrasser, a former county planner, at the time told the county that the property has been grazed under lease for the last 15 years, an arrangement that was likely to continue.
Planner Fox determined Varlow's project was consistent with the surrounding environment and county and coastal policies.
However, Commissioner Mills and his colleagues disagreed, voting 5-1 to deny the permit. Commissioner Morry Cater alone voted to support the project.
Mills worried that approving the project would set a dangerous precedent for the east shore of Tomales Bay.
"It would send a signal to speculators that, 'Hey, the east shore is a great place to build mini estates.'"
Furthermore, the commissioner said, Varlow's proposal is "clearly contrary to the purposes" of the east shore community plan, the local coastal plan, and the countywide plan in terms of preserving agricultural land.
He feared for the future of agricultural zoning on the coast: "I think it would break it if it was approved."
Under the local coastal plan, selling such an easement is required of anyone wanting to develop property on the east shore of the bay. Also, no non-farm-related development can't occur unless the developer can show continued agricultural production is no longer feasible.
Varlow called such policies "governmental extortion," and that he had originally agreed to sell a conservation easement "under duress."
He argued, "How can they justify asking for an easement for 95 percent of my land when the protection (A-60 zoning) already exists? I think the entire demand is unconstitutional."
A half-dozen Marshall residents testified against Varlow's project. "I'm thrilled. I'm excited. I'm delighted," said Felix Knauth. I'm laughing all the way home."
Knauth, the East Shore Planning Group, and several environmental organizations had argued that the project was way out of character with the surrounding area.
With Monday's decision, Knauth said, "agriculture is not going to be invaded by luxury estates. Agriculture has been defended and vindicated. The integrity of community planning and the character of Marshall have likewise been vindicated."
Some ranchers, however, don't see it that way. "Bulls--t!" said ranch owner Judy Borello. "I'm on the east side and I'm not against it. That's a crock."
The planning group and the Planning Commission "are using political horses--t to divest the man of his property rights," Borello said.
Borello, however, was surprised to learn that Varlow had backed out of selling the conservation easement. "I feel bad because I thought he was going to give in to the easement and get his house."
The rancher said there is little chance Varlow could carry on much of an agricultural operation. "How many cows can he graze there, 20?" she asked. "Sheep would be worse. He's not agriculturally feasible...
"Honest to God, this is getting out of control. That man has every right to have his house there."
"You start getting non-agricultural pursuits on land zoned for agriculture, [developers] can take it to court and say this land is no longer used for agriculture."
Varlow never considered any kind of farming, she said, adding that he could have proposed a small vineyard like ranchers Sharon and Steve Doughty of Point Reyes Station.
"I think we have to look at the potential of the land, and that was not done in [Varlow's] management plan," Straus said. "He would never have had a 90-acre piece if it wasn't for the agricultural zoning. It would have been subdivided."