Planning Commission OKs variance to legalize small home office at 76 (address variants)

The Fairfax Town Planning Commission on Nov. 20 approved a conditional use permit and a combined side‑yard setback variance to legalize a partially constructed, approximately 120‑square‑foot detached home office on a single‑family property identified in the record as “76” (street name appears inconsistently in the transcript).

Planner Kara told the commission the small office, built on a post‑and‑pier foundation adjacent to an existing rear deck, complies with most RS‑6 zone standards except for the 20‑foot combined side‑yard setback. Kara recommended approval of a conditional use permit and a variance to allow a 15‑foot combined setback, noting the structure’s materials and height will match the house and that the siting aims to preserve privacy and existing trees.

The applicants, Justin and Dana Montante, described the unit as a compact workspace to support remote work and family life. “We’re proposing, as Kara mentioned, this 120 square foot structure off of our existing deck,” Justin Montante said, adding the design “feels cohesive and unobtrusive” and that they have shared plans with nearby neighbors. He told the commission the proposed windows and natural screening avoid new sight‑line impacts.

Commissioners focused questions on how the staff tables presented existing versus proposed setbacks, and whether the partially constructed unit should be treated as an existing condition or as new construction for setback calculations. Commissioner Janssen and others pressed staff to consolidate confusing tables so the record shows the correct existing and proposed combined setbacks. Kara and staff agreed to revise the table language to clarify existing conditions and the proposed change.

The Ross Valley Fire Department required a sprinkler system for the small structure. The applicant said he has discussed a possible solution with the fire department and contractors: a 350‑gallon water tank located near the unit that would feed a single sprinkler head. “The working proposal I have right now is a 350 gallon tank that would be stationed very close to the unit itself,” Montante said, noting the tank would avoid cutting into the steep driveway to reach the main water line.

Commissioner Janssen moved to adopt resolution 202524 approving application 2524 for a conditional use permit and a combined side‑yard setback variance for the partially constructed home office with the changes the commission had discussed; the motion was seconded and approved by voice vote. Commissioner Kelly recused himself from the item because he lives within 300 feet of the property. Staff announced a 10‑day appeals period for anyone seeking review of the decision.

What’s next: If no appeal is filed during the 10‑day period, the applicants may proceed to apply for the building permit; the building official will determine any additional building‑permit inspections or geotechnical reviews required at that stage.