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HomeMy WebLinkAboutTC Min 2019-03-06 TOWN COUNCIL SPECIAL AND REGULAR MEETINGS MINUTES SPECIAL MEETING —7:00 P.M. On March 6, 2019, the Council held a special meeting as follows: CALL TO ORDER AND ROLL CALL CoLnlclln7ember Fraser, Councilmember Thier, COuncilmember Weiner, Vice Mayor Fredericks. Mayor Kulik INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS • Chuck Hornbrook • Erika Stahhnan ADJOURNMENT—to regular meetin REGULAR MEETING —7:30 P.M. Mayor Kulik called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, March 6, 2019, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon. California. ROLL CALL PRESENT: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier, Wehner ABSENT: COUNCILMEMBERS: None PRESENT: EX OFFICIO: Town Manager Chanis. Town Attorney Stock. Director of Community Development Kwon. Director of Administrative Services Sweitzer. Director of Public Works/Town Enoineer Barnes, Associate Planner O`Malley. Town Clerk Stefam ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY None. ORAL COMMUNICATIONS None. INTRODUCTION OF NEW TOWN STAFF • David Eshoo, Associate Engineer CONSENT CALENDAR Page 1 of 7 Town Council.11imiles 904-2019 March 6, 2019 CC-1. Town Council Minutes—Adopt minutes of February 20, 2019 special and regular meetings (Town Clerk Stefani) CC-2. Investment Summary—Adopt investment summary for month endin- January 31, 2019 (Department of Administrative Services) CC-3. Virginia Utility Undergrounding District Project—Award contract for the Virginia Under-rounding Project to Kerex Engineering, Inc. (Department of Public Works) CC-4. Local Hazardous Mitigation Plan—Adopt Resolution adopting the 2018 Marin County Multi-Jurisdictional Local Hazardous Mitigation Plan (Community Development Department) MOTION: To adopt Consent Calendar Items 1-4, as written. Moved: Fraser, seconded by Thier VOTE: AYES: Unanimous ACTION ITEMS AI-1. Appointments to Town Boards & Commissions—Consider reappointment of commissioners whose terms have expired or appointment of new members to boards & commissions (Department of Administrative Services) Town Clerk Stefani said this item was consideration of annual reappointments or new appointments to boards and commissions. She said a number of commissioners had indicated they would like to be reappointed, and the Council also interviewed several new applicants for the opening seats. She noted that the Council would consider the appointment for The Ranch Committee at a later date, and there had been additional resignations from the Planning Commission and Design Review Board recently. Vice Mayor Fredericks commented that it may be appropriate to reopen the application period for one or more of the seats due to the recent developments. MOTION: To reappoint .terry Riessen to the Belvedere-Tiburon Joint Recreation Committee. Moved: 'Thier. seconded by Fredericks VOTE: AYES: Unanimous MOTION: To reappoint Mark Swanson to the Building Code Appeals Board. Moved: Fredericks, seconded by Fraser VOTE: AYES: Unanimous Page 2 o f 7 Town Council Minutes 404-2019 March 6. 2019 Mayor KUIIk said he would like to delay tonight's Design Review Board appointments, and reopen the application period. He said this was a significant turnover on the DRB, and the loss of both architects was significant. MOTION: To direct staff to reopen the application period for two seats on the Design Review Board, and accept applications until April 1 I at 5:00 p.m., and schedule interviews with the Town Council for the new applicants. Moved: Kulik, seconded by Fredericks VOTE: AYES: Unanimous MOTION: To reappoint Victoria Fong to the Heritage & Arts Commission. Moved: Fraser, seconded by Fredericks VOTE: AYES: Unanimous MOTION: To appoint Chuck Hornbrook to the Parks, Open Space and Trails Commission. Moved: Fraser, seconded by Thier VOTE: AYES: Unanimous MOTION: To reappoint Erica Williams to the Planning Commission. Moved: Fredericks, seconded by Weiner VOTE: AYES: Unanimous AI-2. Annual General Plan Status Report—Consider acceptance of Annual General Plan Implementation Status Report (Community Development Department) Associate Planner O'Malley said this was the 14"' annual report on the General Plan since its 2005 update. She said this report shows the status of each of the eight elements of the General Plan. O'Malley noted that the General Plan will be updated in the near future, so some of these programs may change. The Council reviewed the report, and discussed the housing element, with particular interest in meeting and tracking the Town's required housing units. Mayor Kulik opened the floor for public comment. There was none. MOTION: To accept the Annual General Plan Implementation Status Report for 2018. Moved: Thier, seconded by Fredericks VOTE: AYES: Unanimous PUBLIC HEARINGS PH-1. 490 Ridge Road —Consider appeal of Design Review Board approval of a request for a deck expansion and Variance for excess lot coverage (Community Development Department) Page 3Qj7 Town Cozmcil Mimaes #04-2019 March 6, 2019 Owner/Applicant: Stephen Schwartz Appellant(s): Cavi, 1985, LLC (480 Ridge Road) Address: 490 Ridge Road Assessor Parcel No.: 059-082-06 Associate Planner O'Malley summarized the proposed project, and history of actions taken by staff and the Design Review Board. She said the appellants filed a timely appeal of the Design Review Board approval based on four grounds. O'Malley reviewed the project proposal. including a detailed analysis of the request for a Variance for excess lot coverage and the grounds for the appeal. Vice Mayor Fredericks inquired about a policy for certain Variance applications to be approved at staff level. Staff said this was no longer a policy, and explained the conditions that this policy applied in the past, including the instances at the applicant's property. Mayor Kl111k also inquired about the lot coverage of the elevated deck. Director of Community Development Kwon explained how elevated decks count toward lot coverage, according to Tiburon zoning. Appellant Presentation Alessandro Beraldi, appellant, argued that the applicant's proposal was not a modest addition,. and felt as though the rules had not been fairly or consistently applied in this situation. Mr. Beraldi said the applicant's home is a fully developed property, and said the findings for a Variance need to be made without overbuilding or infringing on neighbors. Mr. Beraldi said this property had experienced "incremental creep" over time, and expressed disappointment that the applicants are asking for another addition and another Variance. He showed renderings and photos of the proposed deck and said he has noise and privacy concerns. Mr. Beraldi argued the Council needs to make all findings to grant a Variance, and in this case. there is no physical hardship, and therefore, the Council cannot grant the Variance. Applicant Presentation Wade Skeels. architect for the applicant, said the existing deck has little usable space. He said the proposed plan is sensible. modest and thoughtful to the neighbor's privacy concerns. Mr. Skeels said their proposal. that has been revised based on feedback from the Design Review Board. is a practical and necessary solution to the topographical hardship issues of the lot. Skeels also spoke about the development chronology of the property and said each addition was small and not unusual. He said the Design Review Board was able to make the findings to grant the Variance. and said this was a reasonable proposal that takes into account the outdoor living needs of the applicant and the privacy concerns of the neighbors. Page 4 of 7 Torrn Council Alinules 404-2019 March 6, 2019 Greg Shaughnessy. counsel for the applicant, expressed disappointment over the fairness of the proceedings. Ile said the applicant had complied with the DRB's request for modifications, and explained how the findings for the Variance had been found and appropriately analyzed. Stephen Schwartz. applicant, felt the appellant's presentation was exaggerated and the proposal was modest. He said there would not be privacy, light or noise issues, and noted that the new seating area would be further away from the appellant's property. Mr. Schwartz reiterated the topographical hardship of the property, and said there is little space to enjoy the outdoor areas. He believed the proposal satisfied the required findings for a Variance and offered to add more landscape to further mitigate any privacy concerns. Public Comment Mayor Kulik opened the floor for public comment. There was none. Appellant Rebuttal The appellant said there was a privacy concern and showed photos of the proposal fi-om his property. He also noted that the applicant needs to provide data to make the required Variance findings. and a general statement about poor topography was not sufficient. He said there were several other solutions the applicant had not considered, and suggested other ways to maximize use of their current deck. Applicant Rebuttal The applicant said the photos shown by the appellant were misleading, and there would be very little change from the existing deck. He also argued that his family cannot see the appellants' property from their own due to landscape screening. and said he would be willing to put in more if necessary. He believed there would be no privacy issues. He reiterated this property's difficult topography, and said their physical hardship does not allow them to enjoy use of their property outside of the main living area and deck. Council Deliberation COUncllnlember Weiner asked the Town Attorney if there was substantial evidence presented to the Design Revie\-v Board to legally make the Variance findings. Town Attorney Stock said the Design Revicw Board agreed that the findings could be made based on the materials they were given. Vice Mayor Fredericks believed the proposal would create a hardship for the appellant. and did create privacy issues. She said the deck expansion could create a new protected view for the applicant, which will likely limit the appellant's future ability to develop their currently under- developed home. She said she could not make the findings to approve the Variance. Page 5 q/ 7 Town Conned Alilml s #04-2019 March 6, 2019 Colmcilmember Fraser agreed. and said he could also not make the findings to support the Variance. He disagreed with the notion of a topographical hardship in this situation, and suggested an alternative layout to the deck that could be less injurious to the appellant. Councilmember Weiner believed the proposal was modest and the impact on the appellant would be minimal, particularly with the scaling back that was requested by the Design Review Board. He agreed with the Design Review Board, and thought the findings could be made. Councilmember Thier said she could empathize with the privacy concerns, particularly having visited the property. She noted that any additional landscape screening might create a view- blockage issue. She agreed with much of what Vice Mayor Fredericks said, and said she would vote to grant the appeal. Mayor Kulik said it was important to consistently administer land development laws and very carefully grant exceptions to those laws. He noted that it is also important to know what can be expected in terms of development of neighboring properties when purchasing a home. Kulik said some Variances are beneficial for neighborhoods and can help solve problems, but in this case, he could not make the findings to support the Variance. The Mayor liked Fraser's alternative suggestion, but expressed concern that it would likely still require a Variance. The Council discussed the possibility of remanding the project back to the Design Review Board with direction for a revised design, but ultimately agreed against it. MOTION: To grant the appeal, deny the application and direct staff to return with an appropriate Resolution for consideration of adoption at the next Town Council meeting. Moved: Thier, seconded by Fredericks VOTE: AYES: Fraser, Fredericks. Kulik, Thier NAYS: Welner TOWN COUNCIL REPORTS None. TOWN MANAGER REPORT None. WEEKLY DIGESTS Received. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Kulik adjourned the meeting at 9:52 p.m. Page 6(�1 7 Toren Council Mimutes ii 4-2019 March 6. 2019 Y-",4 DAVID KULIK, MAYO ATTEST: LEA STEFANI' TOWN CLERK Page 7 of 7 Torn Council119inries X0-1-2019 --Alar 'lu 6, 2019