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Home My WebLink AboutTC Res 2019-09-04 (4) RESOLUTION NO. 36-2019 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TII3URON PARTIALLY GRANTING AN APPEAL 13Y CAVI 1985, LLC OF THE APPROVAL OF A SITE PLAN AND ARCHITECTURAL REVIEW FOR CONSTURCTION OF AN EXISTING DECK FOR EXISTING SINGLE-FAMILY DWELLING, WITH A VARIANCE FOR EXCESS LOT COVERAGE AT 490 RIDGE ROAD (ASSESSOR PARCEL NO. 059-082-06) WHEREAS. on June 20, 2019, the Design Review Board held a duly noticed public hearing to consider a Site Plan and Architectural Review application (File Nos. DR2019-041 and VAR2019-006) filed by Stephen Schwartz (`Applicant') for the construction to expand an existing deck for an existing single-family dwelling, with a Variance for excess lot coverape. on property located at 490 Ridge Road; and WHEREAS_ at that hearing, the adjacent property owner at 480 Ridge Road opposed the application and raised concerns regarding privacy and noise impacts and that the variance findings cannot be supported. The Design Review Board reviewed the plans and determined that the expansion would be modest, would be 49 linear feet from the property line and unseen from the adjacent neighbor_ the proposal was adequate to address the potential privacy and noise concerns from the home of 480 Ridge Road. WHEREAS. the Design Review Board made the required findings for the requested Variance. and voted 3-0 to approve the project; and WHEREAS. on July 11, 2019, owners Cavi 1985. LLC ("Appellants' ) of 480 Ridge Road filed a timely appeal of the Design Review Board's decision. objecting to the potential privacy and noise imp�icts caused by the proposed deck expansion and asserting that the findings for variance for excess lot coverage could not be made; and W11FREAS_ on August 21, 2019, the Town Council held a duly-noticed public hearing. on a de novo basis. on the appeal, during which testimony was heard and considered regarding the application and the Design Review Board's review and decision on the application. At the conclusion of the public hearing, the Town Council voted 3-1 to direct staff to prepare a resolution partially grantino the appeal and adding conditions of approval modifying the approved plans for the consideration of adoption at the next meeting. The]oNan Council found that if the project Nvas revised to only allow a 28 square foot addition that \-,ould square off the bump out portion ofthe existing deck. the Council could make the necessary tindings for project approval. The project desmon as revised would need to have the bump out portion squared off for a 28 square feet addition. and as revised, it would be consistent with the previous TON\11 Council direction to not expand the project in close distance to the south side property and adjacent neighbor. and as the result would not create substantial noise or privacy impacts on the appellants home: and I of 4 Torn Council Rc.soliaion Vo. .36-2019 09/04112019 WHEREAS. the official record for this application is hereby incorporated and made part of this Resolution. The record includes, without limitation, staff reports. minutes, application materials. appeal materials, correspondence, and all continents and materials received at any public hearings: and WHEREAS. the Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 15301 of the CEQA Guidelines: and WHEREAS. the Town Council determined that the findings can be made for the requested variance for excess lot coverage as required by Section 16-52.030 (E) of the Tiburon Zoning Ordinance and as described below: 1. Becoutse of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this Ordinance hill deprive the applicant ofprivileges enjoyed by other properties in the vicinity cind in the some or substantially the same zone. Due to the slope of the lot, there is limited potential for outdoor space as compared to other properties in the vicinity. The deck expansion as revised would allow for the applicant to have additional outdoor space. There are other properties in the area have more usable outdoor space than this property. 2. The variance ivill not constitute a grant of special privileges, inconsistent ii,ith the lin nations upon other properties in the vicinity and in the saine or substantiully the same zone. The 21.424 square foot property size of the subject property is larger than the 20.000 square foot minimum lot size in the RO-2 zone. Numerous other properties zoned RO-2 have been granted variances for excess lot coverage, but generally for homes that are located on properties that are smaller than the minimum lot area. Other homes in the area. however. have more usable outdoor space than the subject property. This Variance request would allow for additional outdoor space on a sloped lot. 3. The strict (g)plicotion of this Zoning Ordinance 1rottld resul7 in hracticul difficulty or unnecessary physical hardship. Self=createcl hardships tna1, not be considered among the factors that inight con.stitttte .specicd circtnustances. A .self-created hardship resitlts j-oin uction.s token h1, present or prior o1rners of the property that conscionsli create the i•ert1 difficutlties or hardships claimed as the basis for cm aphlicution for U FUrionce. There are no sell-created hardships related to this project. The applicant is requesting this Variance to allow for more usable outdoor space and have Page 2 of 4 Toirn C'owicil Resolution No. 36-2019 09;"0112019 access from the plain level of the home to the main outdoor space area. Without the Variance. the applicant would need to expand the outdoor space down the hill. This would require construction of retaining walls and possibly the removal of foliage and grading of a sloped lot. This could result in a hardship for the property owner. -l. The granting of the variance tn;i11 not he delrimenlal to the public uvfare or injurious to other proem°ties in the vicinity. Allowing additional deck space as revised by the conditions of approval. would not be detrimental to the public welfare. The adjacent neighbor at 480 Ridge Road has expressed concerns about privacy. However, the upper level deck expansion of 28 square feet would be 49 linear feet fi-om the side property line and would be screened by mature vegetation along the side. Additionally, the adjacent neighbor has indicated that the revised project to only allow the additional 28 square feet would mitigate the impacts to the neighbor's property. NOW.. THEREFORE. BE IT RESOLVED that the foregoing Recitals are true and correct and are incorporated herein and form a part of this Resolution. BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon hereby partially grants the appeal of the Appellants and partially approves the Site Plan and Architectural Review application (DR2019-041 and VAR2019-006) for a deck expansion. as conditioned, for an existing single-family dwelling, with a Variance for excess lot coverage.. on property located at 490 Ridge Road. BE IT FURTHER RESOLVED that the Town Council adds the following condition of approval to those imposed by the Design Review Board: 10. The upper level deck expansion shall be limited to squaring off the deck. This increase in size is limited to 28 square feet at the outer edges of the existing deck located to southeast and northeast of property. BE IT FURTI IFR RFSOLVED that the final and consolidated conditions oi'approval are attached as Exhibit "A'- hereto. PASSED AND ADOPTED at a regular meeting of the Town Council on September 4. 2019 by the followin<u) vote: AYES: COUNCILN41 MBERS: Fredericks, Kulik. Thier. Weh-ler NAYS: COUNCILMEMBEIZS: None ABSENT: COUNCILML-MBIRS: Fraser I'o c 3 of 4 7Mrn Council Resolnlion No. 36-2019 09104,,2019 DAYD KULIK, MAYOR TOWN OF TIBURON ATTEST: LEA STEFA I, TOWN CLERK Pone 4 of 4 I'Mrrn C'omwil Resoltnion No. 36-2019 01)-0-//2019