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HomeMy WebLinkAboutTC Res 2000-03-01 (2) ,......., RESOLUTION NO. 3403 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REGARDING THE APPROVAL OF AN IMPROVEMENT AGREEMENT WITH MARGARET MAY TO ALLOW THE CONVERSION OF 160 SOLANO INTO A TWO-UNIT CONDOMINIUM PROJECT WHEREAS, the Town Council of the Town ofTiburon does resolve as follow: Section 1. Recitals of Fact: 1. Margaret May ("Owner") is the owner of the property located at 160 Solano ("Property"), which is the site of one single-family home ("Existing Residence"). Ms. May resides in the Existing Residence with her dependant daughter. 2. Owner has requested Town to approve certain applications to subdivide the Property into two condominium units, including, without limitation, approving a Site Plan and Architectural Review, a Condominium Conditional Use Permit, and a Tentative and Final Parcel Map. ,......., 3. Pursuant to Town's Zoning Ordinance, the conditions of approval to the Tentative Parcel Map require that prior to recordation of the Final Parcel Map, the condominium project must conform to all current state and local laws, ordinances and regulations, including, without limitation, those pertaining to housing, building, fire, subdivision and zoning (collectively, "Legal Requirements"). 4. The Existing Residence has certain deficiencies that are must be corrected in order for the Existing Residence to comply with the Legal Requirements. These deficiencies include work performed without permits; conditions that, while legal when performed, fail to meet the Legal Requirements; and substandard conditions that render portions of the Existing Residence unsafe for use as living space. 5. Owner's financial resources are limited and the Property has been used to secure monetary obligations that must be paid in the near future. After converting her property into condominiums, she intends to sell the portion of the Property that will become the site of the new unit ("Second Unit"), thereby raising the funds necessary to satisfY the debt secured by the Property and allowing her to keep her home. If she is not able to complete this sale, she is likely to lose the Property altogether due to the aforesaid obligations. '" 1 ~ 6. Owner has no experience in the field of real estate development and could not afford to hire a professional to assist her in the condominium process. In consequence, Owner failed to understand the expense involved in bringing the Property into compliance with the Legal Requirements until after the condominium process was well underway and she had entered into a contract to sell the Second Unit. Owner will not have the funds to complete the necessary work until after the Second Unit is sold. Accordingly, she has asked the Town to enter into an agreement ("Improvement Agreement") that would allow her to complete the work necessary to meet the Legal Requirements after she has obtained a final Parcel map and sold the Second Unit. 7. The lower lever of the Existing Residence ("Lower Level") has been converted into a second unit without permits and contains certain conditions that are substandard for living space and other work performed without permits. Owner's dependant daughter, who is seriously ill, presently occupies the Lower Level. Owner has agreed to remove the improvements that result in the Lower Level being deemed a separate unit. However, Owner has asked that she be allowed to continue to use the Lower Level as living space. Owner's daughter's physician has stated that requiring the daughter to vacate the Lower Level could have extremely severe medical consequences. Town has agreed to temporarily allow the Lower Level to be occupied by Owner's daughter provided that certain repairs are made, all as set forth in the Improvement Agreement. '" 8. On February 16, 2000, after considering all evidence in the record, the Town Council agreed to enter into the Improvement Agreement based on its conclusion that Owner's situation is both extreme and unique. The Council's decision to grant the accommodations to Owner set forth in the Improvement Agreement are based on the facts set forth above and the other facts in the record, including, without limitation, the following: (a) The Existing Residence is old and small and lacks the amenities generally desired by modem homebuyers in the Town of Tiburon. According, the Council believes that any future buyer of the Property would demolish the Existing Residence. (b) The Town has a strong policy interest in having the Existing Residence brought substantially up to Code for so long as it is occupied. The Improvement Agreement appears to be the most efficient means of achieving this goal. (c) If the Town does not enter into the Improvement Agreement, the condominium project will probably not be completed and Owner may well lose the Property, with resulting severe financial implications for herself and , extremely severe medical consequences for her daughter. Even if Owner is able to retain the Property, she will not have the funds to cure the unsafe conditions. In that event, the only means available to Town to cure the unsafe '" 2 - conditions would be to institute abatement proceedings. This could in turn result in Owner losing the Property, with the attendant financial and medical hardships described above. 9. In approving the Improvement Agreement, Council does not intend to create an exemption to the Zoning Ordinance requirements for condominium conversions that would be available to all applicants claiming financial or other hardship. The Council's action in this matter is based on the extreme and highly unusual facts of Owner's situation. To minimize the likelihood of such a situation arising in the future, Council has directed staff to prepare a brochure explaining the condominium process to future applicants. Section 2. Resolution of Decision. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Tiburon to memorialize its approval of the Improvement Agreement and the facts and analysis on which it based its decision. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon on March 1, 2000, by the following vote: '" AYES: NOES: ABSTAIN: cOUNcILMEMBERS: cOUNcILMEMBER cOUNcILMEMBE AT~A'~/ DIANE CRANE iAco~'vm CLERK '" 3