Point Reyes Light - September 16, 1999

Owners, neigbbors still at odds over Nicasio villa

At the recommendation of the Marin Planning Department, a controversial, multi-structure residence proposed for a highly visible lot next to downtown Nicasio is now bound for a public hearing before planning commissioners.

Senior Planner Tom Lai suggested that commissioners tackle the project after several months of fruitless meetings between the applicants, the Nicasio Design Review Board and staff of the county planning department.

The parties had failed to agree whether the project meets the guidelines for the general Nicasio Valley Planning Area and the more demanding standards that apply because of its close proximity to Nicasio Square.

The Planning Commission meeting is set for 1 p.m. Monday, Sept. 27 at Civic Center.

At the heart of the issue is whether the project - which includes a 4,670-sq.-ft. house, 660 sq.-ft. garage, 2,000-sq.-ft. studio/home office and 940-sq.-ft. workshop, all designed to appear as clusters of farm buildings - are similar in scale to nearby buildings, and whether the buildings fit the historical character of Nicasio Square.

The applicants, Charles McBurney and Linda Bacon, began meeting with members of the Nicasio Design Review Board in February, after getting approval for their project from the design review board of their subdivision, the Nicasio Valley Ranch.

McBurney and Bacon say they hired a land use planner as well as former Supervisor Gary Giacomini as a consultant to "make sure they were doing the right things."

Said McBurney, "We were told after our first meeting with Tom Lai that square footage was not an issue, that the county was more concerned with visual impact."

The applicants then went back to their architect and made a number of changes, including moving the studio to the rear of the parcel.

"We've made a number of major concessions and nothing seems to be enough," he said. "We're proud of our project and think it will be an asset to the town square. Some people don't want any development there. We're sad the project has caused so much controversy and division within the community but that has been caused by misinformation. We're working as hard as we can to make this home fit in and look like its always been there."

But members of the design review board do not agree.

"This process has been adverserial," said board member Keith O'Brien. "I've been on design review for 10 years and the amount of time I've spent on this dwarfs any other application. They want to build the way they want to build and have hired people to interpret the guidelines to suit their project. We've had to defend ourselves every step of the way. I can't recall a project with this many meetings, including the Lucasfilm development plan."

But McBurney and Bacon insist that their project is in scale with the other Nicasio residences, and welcome the chance to show their plans and answer any questions.

"We have nothing to hide," Bacon said. "We think it's fantastic. We never want to do anything to take away from Nicasio. If people would sit down and look at the plans they would see a project that is sensitive to the town and to our needs too."

In a letter to the planning department dated August 5, the Nicasio Land Owners Association states that "the McBurney project, in its present form, will forever change the look and feel of the Nicasio Town Square and that the beauty and grace that is now the first impression of our Village is at risk of changing into one dominated by a single trophy home."

Lai said that three things can happen at the public hearing. The planning commission can either approve the project as is, deny it or give the applicant direction in redesign.

"Normally the Planning Commission takes action on the same day but I wouldn't be surprised if in this case a decision was withheld," he said.

Once a decision is made, both the applicant and the Nicasio Design Review Board have the right to appeal the decision to the Board of Supervisors.

Whatever the outcome, O'Brien is concerned. "These volunteer design boards are put in difficult situations, he said. "If this is the way design review is moving forward then it will be difficult to find people to volunteer their time."

Anyone who cannot attend the public hearing but would like to comment on the project can write to Senior Planner Thomas Lai, Marin Community Development Agency, 3501 Civic Center Dr., Room 308, San Rafael 94903-4157.

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