Neighbors closer to easing backyard rule
Homeowners in a creekside neighborhood in Larkspur could soon get relief from an environmental constraint they say prevents them from enjoying their backyards.
The restriction, a 50-yard creek setback, governs eight properties on Rose Lane. It was adopted to minimize storm runoff and erosion in Larkspur Creek, which runs behind the houses.
A city engineer's report presented to the City Council on Wednesday concluded that reducing the setback so that residents could add patios and other amenities — currently prohibited because they are considered “impervious surfaces” — would not cause drainage concerns.
The council directed staff to bypass the Planning Commission and return with an ordinance that would reduce the setback requirement to 25 feet.
“Thank you very much for all the work that went into it, and the patience,” Mayor Dan Hillmer told staff and a group of residents who petitioned the city for the amendment.
The homes are part of the Rose Garden project approved in 2010. The neighborhood is an 85-home development on the former Niven Nursery site off Doherty Drive.
A 25-foot creek habitat buffer runs between the stream and the backyard fences of Rose Lane. The homeowners want to amend 50-foot building setback rule that prohibits desired outdoor amenities to 25 feet, within their fenced yard. The residents propose no changes to the habitat area.
The application was reviewed by the council in December. The council voted unanimously to instruct the applicants to revise the proposal to address concerns of hydrological and water quality impacts to the creek. The revised proposal was to be considered by the Planning Commission.
Lorraine Weiss, a planning consultant working on the project, told the council that Julian Skinner, the city engineer and public works director, reevaluated existing reports on the drainage system.
“Essentially, the city engineer concluded that the calculations in the drainage that's been installed in the stormwater runoff retention basins have all been designed to accommodate potential hardscape in the rear yards of these lots,” Weiss said.
She said the drainage system is designed to handle stormwater runoff that would be generated if the entire yards were paved.
With that in mind, Weiss recommended that staff skip sending the proposal to the Planning Commission, and have the council consider the amendment at a hearing at its next meeting.
City Manager Dan Schwarz ensured the council was comfortable with the plan, since it required no vote.
“If we were to put something that was impervious back there, the studies say it would not impact the drainage or water quality,” said Chris Wheaton, a Rose Lane Homeowners Association member and the representative for the applicant group. “We're happy to see the staff report.”