The purpose of a minor exception is to allow for minor deviations from development standards set forth in the Development Standards Table, referred to as Table 4A of the San Anselmo Municipal Code, subject to the findings set forth below. This process is a more flexible approach for reviewing homeowner's minor projects while still providing safeguards for the residential neighborhoods by way of the required findings for approval that address aesthetics, bulk, light, air and privacy.

(Ord. No. 1069, 3-24-2009)

A minor exception may be initiated by the owner or owners of record of a lot for which a minor exception permit is sought.

(Ord. No. 1069, 3-24-2009)

An application for a minor exception shall include, at a minimum, the following:

(a)

A completed application form of a content specified by the Planning and Building Director; and

(b)

Payment of fees for the review and processing of a minor exception, in a fashion and manner as may be prescribed by the Town Council.

(Ord. No. 1069, 3-24-2009)

A minor exception may be acted upon by either (1) the Planning and Building Director; or (2) after the Planning Commission conducts one (1) or more public hearings on the minor exception. All minor exceptions are listed in the Minor Intrusions Into Required Residential Development Standards Table, referred to as Table 4B.

The Planning and Building Director may refer any of the above to the Planning Commission if, in the opinion of the Planning and Building Director, review by the Commission is desirable.

Should a property require more than one (1) planning application, and should any of those applications require Planning Commission review, then all planning applications associated with the property shall require Planning Commission review.

(Ord. No. 1069, 3-24-2009)

Approval of a minor exception, which may include the imposition of conditions, shall be made only after the making of all of the following findings:

(a)

For an accessory structure, arbor, trellis, awning, chimney, cornice, eave, fireplace, outdoor barbeque and counter, carport, garage, deck, landing, stairway, enclosure of an area directly below an existing deck, dwelling infill extension, hot tub, parking deck, parking space, swimming pool, and windows.

(1)

The impact of the proposed minor exception is de-minimus and will not significantly exacerbate existing, or create a significantly new, non-conformity; and

(2)

Will not unreasonably impair access to light and air of structures on neighboring properties and will not unreasonably affect the privacy of neighboring properties; and

(3)

Will not add to, and preferably reduce, the apparent visual bulk of a structure; and

(4)

Will contribute to the aesthetic and/or physical functionality of the dwelling structure or improve the life safety of the dwelling; and

(5)

In no instance shall a minor exception be granted where the effect of approval would be to cause the structure to be expanded by more than one hundred (100) square feet; and

(6)

Will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.

(b)

For Chicken Coops:

(1)

The impact of the proposed minor exception is de-minimus; and

(2)

The coop will be at least 25 feet from adjacent residential structures; and

(3)

If within a front yard setback, the coop will be adequately screened from public view; and

(4)

The coop will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.

(Ord. No. 1069, 3-24-2009; Ord. No. 1108, § 3, 7-26-2016)