San Anselmo council denies homeowner’s undergrounding appeal

The resident contested a requirement to bury utility lines as part of a remodeling project at 76 Longwood Drive.

The San Anselmo Town Council has denied an appeal by a resident seeking to avoid undergrounding utility lines in a home remodeling project.

The council heard the appeal from Ilya Siegel regarding the property at 76 Longwood Drive at a meeting on July 23. The council voted 4-1 to uphold the requirement sought by the town’s public works department.

“I am not finding it to be a particularly compelling argument for why staff has missed the argument on this one,” said Councilmember Brian Colbert.

The appeal concerned the town’s valuation of the project. Siegel challenged the use of Marin County assessor’s records to determine the market value of the structure and argued that a private appraisal was more appropriate.

According to the town, the project value exceeded 50% of the market value of the structure before the improvement was started, which triggered the town’s undergrounding requirement for utilities.

Undergrounding of utilities can cost between $10,000 and $15,000, according to the town.

The town argued that it was not provided with Siegel’s 2021 appraisal at the time he applied for the remodel permit. The town uses tax records to determine the market value for the dwelling.

Sean Condry, public works director, said the values are publicly available and provide an easily accessible and objective market valuation.

“His valuations that he is using from the appraiser are not correct,” Condry said.

An August 2021 property tax bill indicated that the market value of the improvements on the property before the project was completed was $475,000, a staff report said. The initial valuation for the remodel of $251,000 exceeded 50% of market value of the structure and triggered the undergrounding requirement.

As additional work was carried out on the property, the valuation of the improvements permitted by the town rose to $287,000 and further exceeded the 50% threshold, a staff report said.

According to an appraisal dated June 21, 2023, Siegel claimed the value of the property as $739,900. Siegel said the value established at the start of the process from 2021 was $716,400.

Siegel said the home was purchased in 2021. He sought a major remodel permit and included a valuation of $131,500 as the cost of the remodel.

Siegel’s attorney, John Sharp, contended that undergrounding should not be required for the work under a major remodel permit. He made a hardship argument to avoid the undergrounding requirement.

“This area of Longwood Drive does not have undergrounded electric service in most instances,” Sharp said.

Town Attorney Megan Acevedo said the estimated valuation of the remodel was noted throughout the process.

“This is not something we sort of sprung on them in any way,” she said.

Mayor Eileen Burke, who cast the dissenting vote, said undergrounding is required for aesthetics and safety, but the town’s code should be revised to be more clear when it came to property valuations.

“I would grant a hardship argument,” she said. “I think the benefit goes to our resident.”