Point Reyes Light - September 30, 1999

Marin planners approve huge Nicasio villa

County planning commissioners Monday ignored recommendations from their staff and agreed Charles McBurney of Ross can build an 8,305-square-foot, multi-structure complex at the southern entrance to Nicasio Square.

The planning staff had recommended that commissioners require McBurney to reduce the size of the complex, calling its site "the most visually sensitive lot" in Nicasio Valley Ranch subdivision, which is mostly hidden from view by hills along Nicasio Valley Road.

Commissioners did require, however, that McBurney make minor changes in his proposal before being allowed to build on the site at 2 Nicasio Creek Rd.

The proposed development includes a 4,672-square-foot single-family residence with a 669-square-foot attached garage, a 2,022-square-foot detached studio/office, a 942-square-foot workshop, and a 16- by 40-foot swimming pool.

While commissioners agreed that McBurney needs to lessen the visual impact of his proposed buildings, they did not agree with their staff's recommendation that the size of the project be reduced by 10 to 25 percent.

Calling that recommendation "arbitrary", they instead directed applicant McBurney to darken the exterior of the house, reduce its height, relocate the office/studio, decrease the amount of solid-perimeter fencing, and move the house 13 feet northwest from its currently proposed location.

In the planning staff's report to the commission, senior planner Tom Lai repeatedly wrote that the project is not compatible or consistent with other buildings in the area.

Lai noted that the residence would be 1,113 square feet larger than the average size of the other seven residences already approved or built in the 19-lot subdivision.

The proposed home is substantially larger than older residences bordering the square, he added. Those homes vary from 1,440 square feet to 1,748.

The staff report also warns that "the overall size of the development raises issues concerning its compatibility with the surrounding Nicasio village and town square." It recommends that landowners McBurney and Linda Bacon redesign the building complex to reduce its size.

Lai also recommended a more compact design that would minimize the huge complex's bulk and massive appearance.

McBurney and Bacon's 5.37-acre lot borders the town square and is located within the Nicasio Village Planning Area, which includes properties along Nicasio Valley Road from Lucas Valley Road to Nicasio School.

Guidelines for design and development contained in the Marin County Community Planning Department mandate that the development of any lots within the planning area get special attention and must be consistent in scale, design, materials, and texture with the surrounding community's character.

Commissioners, however, admitted to being confused on a number of issues. Some asked for clarification as to what the Nicasio Land Owners Association was and what relation it had with the Nicasio Design Review Board. They also appeared confused about the role of the Design Review Board.

Land Owners Association President Leslie Gompertz explained that the design review board was an advisory committee within the Land Owners Association and was made up of community members.

Some commissioners wondered why the project should even be compared to those on the square notwithstanding requirements spelled out when the Marin Community Development Agency and the Nicasio Land Owners Association drafted design guidelines for the village area.

"This project can't relate to the town square," said Commissioner Hank Barner. "The project is no where close to the density [of the existing buildings on the square]. Should it even have relationship to the square?"

"It's a grace to have architecture that looks like it does on that property," said Commissioner Patti Garbarino. "This house is twice the size of the other homes on the square. God bless them, but they're the size of postage stamps. It's comparing apples and oranges."

Commissioner Paul Lusczynski recommended that the colors of the buildings be darkened to lessen a visual statement "five times the size of St. Mary's Catholic Church." Most commissioners agreed that 295 feet of six-foot-high solid fencing be significantly reduced. "A perimeter of solid fencing does not belong in Nicasio," said Commissioner Lusczynski.

The controversial building proposal was brought before the commissioners at the suggestion of county planning staff after several months of meetings they held with the Nicasio Design Review Board and the landowners failed to produce an agreement as to whether the project was in compliance with the town's development guidelines.

Meanwhile, Nicasio residents remain divided as to whether individuals have the right to build such large homes on highly visible lots. Of the 21 people who spoke out at the hearing, 14 were openly opposed to the project, stating that it was out of scale with the other buildings around the square.

Bill Harrison, a 10-year resident of Nicasio, said, "I'm an adjacent property owner, and I'm opposed to the project." He objected to earlier comments by former county Supervisor Gary Giacomini, who said that all adjacent landowners supported the project. Giacomini is McBurney's and Bacon's attorney.

"You only have one chance to make a first impression," said Rocky Shone, a 40-year resident of Nicasio. Shone was president of the Land Owners Association when the design guidelines were drafted. "This project will dominate the square," he warned.

Others disagreed. "I heard years ago from [the late] Justice [Louis] Burke that the design review board was created to keep out big, gaudy buildings," said Ken Irving, who has lived in Nicasio since 1932. "I think [the McBurney project] is very beautiful and should be approved.

Peggy Spencer, a 21-year resident of Nicasio, spoke in favor of the project and called for the controversy to end.

Others criticized the county's land-use planning. "The building process has become so unbelievably difficult, almost impossible," said Loretta Murphy, barn manager at neighboring Windfield Station where a new horse barn was recently built.

"This is not an issue of the beauty of the home," said design review board member Ellie Capers. "Our role is to implement the guidelines to preserve and protect the ambiance of the village."

Planning staff admitted that it was not easy for them to recommend that commissioners reduce the size of the building complex. "It's a unique parcel that is hard to compare, [but] it is a landmark lot," said Alex Hinds, Community Development Agency director. "It's a nice design, and we've been torn ourselves, [but the house] is larger than what feels comfortable.

"The bottom line is that people are concerned about losing features that bring people [to Nicasio]."

Former Nicasio resident Brian Perry quoted an Internet ad as offering a "Lot For Sale: Nicasio Valley Ranch Subdivision, 3.71 acres. Build your dream home in this rural paradise."

The McBurneys said they will now re-work their building plans and are scheduled to meet with the planning commissioners again on Monday, Oct. 18.

"We're ready to get past all this, move in, and live there forever," said McBurney. "We're happy with the outcome and look forward to putting the finishing touches on the project with the planning staff."

Nicasio Landowners Association President Leslie Gompertz, however, was concerned with the results of the hearing. "Whatever comes out of this, it will set a precedent," she said.

"Some of this is a fear of change, and we all have that," commented Commissioner Garbarino, "but another person will come in, and the community needs to get used to it."

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