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HomeMy WebLinkAboutTC DRB 2014-10-09 Special Meeting (2)TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: Mayor and Members of Town Council Members of the Design Review Board From: Community Development Department/ Town Council/Design Review Board Workshop October 9, 2014 Agenda Item: D -2 Subject: Second Story Projects in Predominantly Single -Story Residential Neighborhoods Background The subject of second story projects in certain neighborhoods, which are predominantly single story in nature, has become the subject of some controversy in recent years. Following a particularly difficult appeal in November 2013, the Town Council suggested that the issue be addressed. This Town Council /Design Review Board workshop presents such an opportunity. Issue The question before the Town Council and Design Review Board appears to be: Do the Town's current policies, regulations and procedures provide adequate guidance on the issue of second story additions in predominantly single -story neighborhoods? Regulatory Framework Various general plan goals and policies are relevant to this issue, and the zoning ordinance contains a specific subsection addressing the second story addition issue. These are excerpted below. General Plan Goals and Policies Goal LU -H: To protect and preserve existing neighborhood character and identity. Goal LU -I:To encourage intensity of development, density, and house sizes /architectural styles that are consistent and compatible with surrounding neighborhoods. Town Council /Design Review Board Workshop 10 -09 -2014 The Delveron neighborhood, as seen at Juno Rd. and Merciny Ave., has a distinct character. Policy LU -13: Neighborhood character, which is defined by the predominant architectural styles, type of buildings, building heights, mass, setbacks, landscaping, and natural characteristics, shall be of material consideration and preserved in all construction projects, including remodels and additions, to the maximum extent feasible. Policy LU -14: The Town shall continue to rely on design guidelines, such as the Design Guidelines for Hillside Dwellings, the Downtown Tiburon Design Handbook, and the guiding principles for Site Plan & Architectural Review found in the Zoning Ordinance. Where subdivisions have approved design criteria, new construction shall conform to the criteria. Policy LU -15: Remodels, compatible with the design, neighborhood. Zoning Regulations tear- down/rebuilds, and new construction shall be size, and scale of existing dwellings in the surrounding Section 16- 52.020(H): Guiding Principles for Site Plan & Architectural Review. 3. Neighborhood character. The height, size, and/or bulk of the proposed project bears a reasonable relationship to the character of existing buildings in the vicinity. A good relationship of a building to its surroundings is important. For example, in neighborhoods consisting primarily of one -story homes, second -story additions shall be discouraged, or permitted with increased setbacks or other design features to minimize the intrusion on the neighborhood. Front Counter Advice The current regulatory framework, and staff s preliminary comments to applicants when approached about such projects, draws much of its substance from a September 2002 Town Council appeal of a proposed second story addition at 124 Leland Way in the Bel Aire neighborhood. The project involved a partial second story addition in the interior portion of the subdivision. The applicant employed increased setbacks and included privacy protecting provisions in the design. The Design Review Board approved the application without a negative vote, but the project was ultimately denied by the Town Council on appeal on the basis that it was too large, too tall, blocked views and was therefore incompatible with the surrounding neighborhood. Despite the project denial, the Town Council reinforced the concept that second - story additions, even in predominantly single -story neighborhoods, might be acceptable if, on a case -by -case basis, they are determined to properly fit into the neighborhood and their Town Council /Design Review Board Workshop 10 -09 -2014 surroundings and avoid unwanted impacts. The Town Council's discussion and conclusions on the item (see pp. 10 -12 of Exhibit 1) remain the foundation for the Town's policies, regulations, and front counter advice on such projects. Recent Examples To assist with the discussion, Staff has provided below discussion of some recent examples of both approval and denials of proposed second story additions in the Belveron Neighborhood. Approved Two -Story Projects Four two -story additions or new homes with two -story elements have been approved in Belveron since 2000. Two of these projects (4 Venus Court, approved in 2013 and 16 Venus Court, approved in 2008) are on the perimeter of the subdivision, where second stories are more common and generate fewer impacts to surrounding properties. The other two projects, at 29 Juno Road (Exhibit 2) and 22 Apollo Road (Exhibit 3), are located on the interior portion of the subdivision where second stories tend to be more problematic. These latter two projects are discussed in more detail below. 29 Juno Road. In 2001, the Design Review Board approved a second story addition for the home at 29 Juno Road. The approval was not appealed. The addition was centered (and recessed) above the existing lower floor of the house and contained two new bedrooms, one bathroom and a small laundry area. At the January 18, 2001 meeting, the Boardmembers made the following comments on the application: Boardmember Stroub noted there are nine to ten second story homes in the neighborhood and it appears the neighborhood generally supports this addition. This is probably the way the neighborhood will go, and he could support such additions if they are attractively designed and not massive. Regarding the objection to the project, there are neither massing nor view impacts caused by this addition. Boardmember Figour stated houses in this subdivision are at the end of their economic life and will need updating and remodeling to survive. The neighborhood is in transition and bringing new character and life to the neighborhood is beneficial. The second story addition is well located in the center of the house. Boardmember Beales stated raising a portion to a second story is appropriate; however, a full story in the middle of this house would not be appropriate. Vice -Chair McLaughlin stated houses in the neighborhood are at their functional obsolescence and new families moving into the neighborhood want the additions. Town Council /Design Review Board Workshop 10 -09 -2014 2. 22 Apollo Road. In 2005, the Board approved an application for a recessed, partial second story master bedroom suite atop the house at 22 Apollo Road. The approval was not appealed. Eight of the ten residents who spoke about this application at the February 17, 2005 Design Review Board meeting supported the request and encouraged more diversity in the home designs in the neighborhood. The Board concurred with the majority of the neighborhood and made the following comments: Boardmember Teiser stated that he liked the design. He said that the neighborhood is evolving and is no longer looking like a tract neighborhood. He felt that the expansions are appropriately in context, and supported the project Boardmember Bird noted the amount of support from the neighbors. She said that the goal is not to have a cookie -cutter look, and there is room for different designs. She said that the proposed design was different, but not out of scale with other two -story homes in the vicinity. She said that she was a bit concerned about the upper deck, but noted that the neighbor has no problem with it. Boardmember O'Donnell stated that this is becoming a wonderful neighborhood and supported the idea of diversity in this area. He said that this is a dynamic neighborhood with young families and a need for improvement. He said that he was glad that the colors had been toned down, and he had no problem with the second story. He noted that the ridge height would not be much higher than the existing home. He commended the owners for their neighborhood outreach. He noted that the reduced side yard setback was an existing condition, and added that the Board looks at each variance request on its own. Boardmember Figour stated that the new color scheme would soften the neighbor's view. He felt the house design was fun and that the neighborhood was on the upswing. Chair Beales stated that he had concerns about the second story, but this one would be modest and pulled back from the property line. He said that the variance actually results from lowering the ridgeline of the existing house. He was concerned about the turret, but said that it would not be decorative but would allow light into the home. He said that his problem with pseudo - Mediterranean styles is the phoniness that is not part of this project. Denied or Withdrawn Two -Story Projects 22 Mercury Avenue (Dibble). In 2008 and 2009 the Design Review Board and Town Council reviewed applications for a new two -story dwelling at 22 Mercury Avenue. The original house design included four bedrooms and 3 bathrooms upstairs. Over the course of reviewing two separate applications for this project over a period of nine months, most of the immediately surrounding residents opposed the project. The Design Review Board voted at one time to deny the application, but ultimately approved a home with 3 bedrooms and 2 bathrooms on the second story. A group of neighboring residents appealed the decision to the Town Council. Town Council /Design Review Board Workshop 10 -09 -2014 The Council considered the appeal at the October 21, 2009 meeting. At that meeting, the majority of residents who spoke opposed the project. The Council focused primarily on privacy concerns raised by the project design, including the following comments: Councilmember Gram said that the application should be redesigned to incorporate the comments and concerns of the neighbors. Vice Mayor Berger said that foremost of the issues was privacy. Gram agreed, stating that the mass of the structure was not an issue as long as the privacy issues were addressed. In response to some comments about the Ring Mountain view blockage, Councilmember Slavitz commented that there was nothing in the Town's guidelines that said a view from a garage was a "protected" view. However, Slavitz said it would be desirable to reduce the mass of the structure. Councilmember Collins said that if the mass could be reduced somewhat, he would be in favor of approval, as long as the other admonitions of the Council regarding privacy were addressed, and that it should be a "simple" redesign. Mayor Fredericks concurred that the major concern was privacy which might be taken care of by rotating the structure. She said that the concern regarding the square footage of the structure and its mass, especially the second story, might be helped with a roof design or by moving bedrooms downstairs. The Council voted unanimously to remand the application to the Design Review Board for additional review based on the Council's comments. The applicants subsequently withdrew their application and sold the house. 2. 26 Apollo Road (Bell). In 2013, the Design Review Board and Town Council reviewed an application for a new two -story home at 26 Apollo Road. The proposed second level of the home included three new bedrooms and a bathroom centered above the lower level of the building. The neighboring property owner to the rear raised concerns about potential view and privacy impacts from the second story. Numerous Belveron residents who were not directly affected the proposed home spoke in favor or against the concept of a two -story home at this location. The Design Review Board denied the project on October 2, 2013 on a 3 -2 vote. The applicants appealed this decision to the Town Council. The Town Council heard the appeal for this project on November 20, 2013. At that meeting, the Council heard testimony from 19 residents supporting or opposing the request. The Council ultimately voted 3 -1 to deny the appeal. The following excerpts from the meeting minutes reflect the Council's deliberations: Town Council /Design Review Board Workshop 10 -09 -2014 Councilmember Slavitz said that the issue really boiled down to neighborhood character. He cited his years of service on the DRB; he said the history of approval of second stories in Belveron East was on the perimeter but not the interior. He said the proposed second story next to the Thor home would stick out like a sore thumb, regardless of any other reasons cited, such as privacy or view loss; he said it was about neighborhood character. Councilmember Slavitz said that Belveron looks as good as it does because of these restrictions (limiting two - stores to the perimeter); he said that the small lots with a bunch of two -story homes would not look right. Slavitz agreed that there needed to be more discussion between the Town Council and Design Review Board and the community on these issues; but he wondered whether it would actually be possible to be more specific than the current guidelines. But he also cautioned against an overturn of the DRB decision, stating that the Council would never be able to say "no" again to a second story, if this were allowed. Vice Mayor Fredericks described her thought process on the appeal. She said the plans for the Bell home were well designed and that it was a charming house; however, she said she thought that neighborhood character was more than style; she said it was the character of the homes themselves. She said the challenge was how to maintain a pace of change without eroding this character and that numbers alone are not the entire story. The Vice Mayor reiterated that the Zoning Ordinance allows review of applications on a case -by -case basis. She said that the review process allows for minimizing conflicting needs and has a harmonizing effect. Fredericks said that the DRB rejected this application because of its impacts on 27 Juno Road; its direct view into the Thor's backyard and entire living space. She said that even though the lots are small in Belveron, a one -story home would still allow a play area for the Bell family, especially since theirs was one of the larger lots in the area. The Vice Mayor said she would recommend waiver of the re- submittal fees if the Bells came back with a one -story design. She said she also favored further discussion of the second -story issue in a workshop setting. Councilmember Fraser agreed that this was a polarizing issue and discussion. He said that the Town's guidelines and principles are part of what keeps the Town special. He said these guidelines encourage folks to knock on their neighbors' doors and find out what they think of their plans. He said that staff should encourage this, as well. He said the Design Review Board does a great job, as well as a thorough job; he said the Board got it right in this instance. Fraser acknowledged the concessions made by the Bells; he said they had lowered their ceiling heights, for instance, and he suggested that the neighbors should not be upset if they come back with a one -story design with higher ceilings. Town Council /Design Review Board Workshop 10 -09 -2014 Mayor O'Donnell said that he strongly disagreed and would vote to grant the appeal. He said that privacy was a false issue; that sometimes the loss of privacy is exaggerated in hearings in all neighborhoods in the Town. O'Donnell said that this [Belveron] area is a dense suburban area. He said that the Bell's proposal would not result in view blockage but would actually upgrade the (Thor's] view because it would block out telephone lines in the view corridor. O'Donnell said this was all a matter of perspective. The Mayor said that he, too, had served on the DRB. He said that during his tenure, the Board had allowed second stories in Belveron as long as they were centered on the property in order to avoid the creation of "walls" to the side or front; those were the guiding principles they used. And if an applicant did not want a two -story home, O'Donnell said the Board was generous with variances and the Council had supported this thinking in workshops where it was discussed. Mayor O'Donnell said that the Council would fail the community if it didn't provide guidance on this issue. He suggested coming up with a set of "Belveron Guidelines ", similar to the format of the Hillside Design Guidelines. He said the Bell's two -story application was modest and would fit within the character of the neighborhood. He said the Council should think carefully about what the opinion of the entire neighborhood was on this issue. The applicants subsequently submitted a new application with a one -story house design, which was unanimously approved by the Design Review Board on April 3, 2014. Staff notes that the Design Review Board and Council reached essentially the same conclusions on the two -story 26 Apollo Road application (although both by split votes), and that the conclusion was consistent with the framework set forth in the Council's seminal 2002 decision. Conclusion Projects proposing second stories on homes in predominantly single story neighborhoods continue to be reviewed on a case -by -case basis for consistency with the Town's regulations, which focus heavily on neighborhood character, view and privacy impacts, and compatibility with their surroundings. The regulatory framework largely established by the Town Council's decision in 2002 on the 124 Leland Way application remains intact. Since that time, staff does not recall a single instance where a second story addition has been approved on appeal by the Town Council in either Bel Aire or Belveron. Staff recalls several such denials, including projects where the Design Review Board had bestowed its approval. The Design Review Board has occasionally approved such projects (without an appeal) where there is little or no opposition to such proposals, presumably because the project fit well into the neighborhood and did not result in view or privacy impacts. Staff notes that the Town Council's primary objection to the project design at 22 Mercury Avenue focused on privacy impacts that would be caused by the second story addition, rather than the presence of a two -story home in this portion of Belveron. More recently, the Town Council's objections to the two -story design for 26 Apollo Road Town Council /Design Review Board Workshop 10 -09 -2014 included substantial discussion about the compatibility of the project with the "character" of the Belveron neighborhood, as opposed to view blockage, privacy concerns, or the addition being too large or too tall. These disparate examples reinforce the apparent unavoidability of "case -by- case" project review, since each such application appears to be uniquely different from all others in at least one, if not several, aspects. All of these various factors are contained within the Town's applicable zoning and general plan regulations and each appears to have been used, at one point or another, as the basis for the denial of a second story addition in either Bel Aire or Belveron. Recommendation Staff recommends that the Town Council: 1. Accept any public comment on this item. 2. Hear from its Design Review Board members and discuss the issue. 3. Provide any desired direction to Town staff and the Design Review Board. Staff will be prepared to recommend appropriate implementation steps for any regulatory or process changes that may be provided by the Town Council. Exhibits 1. Minutes of Town Council meeting of September 18, 2002 regarding 124 Leland Way. 2. Photo of 29 Juno Road. 3. Photo of 22 Apollo Road. Town Council /Design Review Board Workshop 10 -09 -2014 ell a) A Resolution of the Town Council of the Town of Tiburon Partially Granting an Appeal by art and Florence Kenney of the Approval of Site Plan and Architectural Review for Property located at 3 Palmer Court — AP No. 55- 201 -01 4. Recommendation by Town Manager — Approval of the Emergency Operations Plan 5. Recommendation by Public Works Director/Town Engineer — Authorize Town Hall HVAC System Modifications 6. Recommendation by Town Attorney — Biennial Conflict of Interest Update Councilmember Fredericks asked that Item No. 4 be removed from the Consent Calendar. Councilmember Berger asked that a sentence on page 9 of the the September 4, 2002 minutes be changed to read, "...the second story was expressed as a one -story fagade." MOTION: To approve Items 1, 2, 3, 5 & 6 above. Moved: Slavitz, seconded by Fredericks Vote: AYES: Unanimous ABSTAIN: Oram (Item Nos. 1 and 3) IZit 010 COW "M 0 1am 7. Appeal of Design Review Board Decision — Approval of a new single - family dwelling located at 124 Leland Way Assessor's Parcel No. 34- 175 -05 Applicants — Jeff Houston and Tracy Lee Appellants — Jennifer and Janet Carter Senior Planner Watrous presented the Staff report. He said that the Design Review Board had first reviewed the project on April 4, 2002. At that time, numerous property owners in the surrounding Bel Aire neighborhood had expressed their concerns about the construction of the proposed two -story house at 124 Leland Way. The issues raised were those of potential sunlight and privacy impacts on adjacent homes; the height, mass and bulk of the proposed design; and whether a two -story home was compatible in the predominantly one -story residential neighborhood. According to Watrous' report, the Board shared many of the concerns expressed by the neighbors; in particular, finding that the proposed house was too tall, had excessive mass and bulk, and would create privacy impacts on the neighboring homes. Town Council Minutes # 23 -2002 September 18, 2002 Page 3 1 K ITIBIT NO. I r Although the Board in general thought that a two -story home could be properly designed on the site, Watrous said that it determined that the proposed design was inappropriate for the particular property and for the neighborhood. The Board continued the hearing to the May 16, 2002 meeting, and gave direction to the applicants, Jeff Houston and Tracy Lee, to address these concerns. The applicants submitted two sets of revised plans. The first set did not change the side yard setbacks or the second story area, and resulted in an increased floor area ratio. After reviewing these issues with Staff, the applicants then requested another continuance of their application to the August 15, 2002 DRB meeting and submitted further revised plans for the Board's review and subsequent approval. The approved plans included changes to the overall building height and modified setbacks, and a reduction in size of the second story; however, the plans increased the overall size and lot coverage of the house, according to Senior Planner Watrous. Mr. Watrous said the Design Review Board determined that the modifications significantly addressed the concerns regarding privacy and sunlight blockage previously raised by concerned neighbors. The Board also determined that the two -story house, as redesigned, would be consistent with the requirements of the Tiburon Zoning Ordinance and would not be incompatible with the character of the Bel Aire neighborhood. Watrous' report stated that the Board then voted 3 -0 -2 (with Boardmembers Comstock and Teiser absent) to approve the application as submitted. On August 26, 2002, an appeal was filed by the adjacent neighbors, Jennifer and Janet Carter, 130 Leland Way. Senior Planner Watrous delineated the grounds of the appeal: 1. The subject house would be incompatible with the character of the Bel Aire neighborhood; 2. The size of the subject house would be inconsistent with the Town's floor area ratio guidelines which discourage overbuilding; 3. The decision that the subject house would not result in impacts on the privacy, view and light and air of neighboring homes is unsupported by evidence in the record. 4. There were errors and omissions contained in the application and Staff reports presented to the Design Review Board. After covering Staff's responses to these issues, Mr. Watrous said that the DRB had followed the Town's guidelines for Site Plan and Architectural Review in making its findings and approving the project. He stated that although the Town's current zoning ordinance did allow for two -story houses in the Bel Aire area, the Board recognized that a number of residents in Bel Aire were opposed to the construction of any two -story homes in their neighborhood. Town Council Minutes 9 23 -1001 September 18, 2002 Page 4 According to Senior Planner Watrous, the Design Review Board recommended that if these residents desired such a prohibition, the appropriate course of action would be to request the Town Council to initiate a zoning code amendment to modify the requirements of the R -1 -BA zone. Mr. Watrous therefore recommended upholding the Design Review Board's decision in this matter. Mayor Gram opened the public hearing. Former Mayor Jerry Thayer read the following letter into the record (excerpts below): "Good evening, my name is Jerry Thayer, I've lived at 158 Blackfield Drive for going on 20 years. I will summarize the issues as I see them in this appeal... ". "This is the first two -story project proposed in Bel Aire since annexation in 1984. It is the maximum size allowed by the zoning ordinance and is significantly out of character with the neighborhood. The 181 unit neighborhood is composed entirely of single story homes, but for two exceptions built before annexation. Neither the staff nor the Design Review Board (DRB) made a meaningful analysis of the project impact on the neighborhood required by the Guiding Principles of Section 4.02.07 of the Zoning Ordinance. Instead the DRB, three members attending, approved the project as presented on the assumption that final review would be made by the Town Council." eo` "...At the top of page five of the [Staff] report a conclusion is stated that `the proposed house would not appear to be consistent with much of the overall current development pattern of this neighborhood,'. The writer then states the project is consistent with what the writer believes is consistent with future development of the neighborhood despite the provision in Section 4.02.07 of the Guidelines which expressly states that 'in single story neighborhoods two stories shall be discouraged. "' "...The neighborhood should not be destroyed by a piecemeal approval process. If a policy of change in the character of the neighborhood is to occur, it should be done with proper notice and review by the Planning Commission with ample opportunity for measured public input. Proper planning would produce a superior result and could well result in continuing the existing policy of discouraging two story homes in single story neighborhoods." "...the appeal should be granted and the proposed project denied." Mr. Thayer added that the "feeling of openness and sense of ridgelines and sky are the 'persona' of our neighborhood," a feeling which would be altered if second -story homes were allowed. Fred Starr, 160 Leland Way, spoke on behalf of the appellants. Mr. Starr said that he had 30 years of engineering experience and on that basis, he had prepared drawings for the Council which showed how the proposed home would look from Jennifer Carter's house and from Leland �- Way. He said that none of the applicant's drawings showed this same kind of scale, as Town Council Minutes # 23 -2002 September 18, 2002 Page 5 n recommended by the DRB guidelines. Mr. Starr said that his drawings showed the bulkiness of the project and its impacts on the sunlight, views, and privacy of the Carters. rNSIR Mr. Starr said that not one of the residents on Leland Way supported the project and asserted that a one -story home could be built that would still have a sizeable backyard, as desired by the applicants. He said that the proposed project was larger than most of the Bel Aire homes and that although the neighborhood was evolving, a "thoughtful" single story addition or remodel that retained the "ranch style character" of the neighborhood would be preferable. Mr. Starr showed photographs of eight different Bel Aire homes that had been remodeled as one- story houses. In response to a question from Mayor Gram, he said that he did not have the square footage of these remodel projects. Hugh Carter, architect residing in Santa Cruz, brother of appellant Jennifer Carter, also spoke on appellants' behalf. Mr. Carter said there were "errors and inaccuracies" in the information provided to the DRB and Council in the Staff reports. He said that his calculations showed a larger floor area which would increase the size of the house by 319 square feet. Councilmember Fredericks asked whether the calculations were based on total area rather than the "living area" calculations utilized by Staff. Mr. Carter said this was a very important point and contended that the applicants had in fact turned part of the garage into living area while counting the square footage as part of the garage. He said that the Code allowed the garage exclusion on the basis that the space would be devoted exclusively to parking or storing cars and not to other uses such as a laundry room and mud room that were part of the applicants' plans. Councilmember Berger said that the distinction was made by Staff on the basis of the one -hour wall separating these areas. Mr. Carter replied that the Staff report provided to the Council addressed this issue while the report provided to the DRB did not. He concluded that if the square footage was recalculated it would result in a higher FAR rather than the maximum allowed by Town Code. Mr. Carter further contended that the case had not been made by the applicants to justify the construction of a two -story home, and that the Zoning Ordinance guidelines said to compare an application to the existing residence rather than what the future might bring. On the issues of sunlight blockage and privacy, Mr. Carter said that the comparison by appellants of tall trees blocking sunlight was not a fair one, as trees lose their leaves in winter while a second story would be visible at all times. He said that the home would sit on a raised floor, on a nine -foot plate, and would have sloping eaves taller than the other eaves in the area. Tawn Council Minutes # 23 -2002 September 18, 2002 Page 6 4�1 Applicant Jeff Houston made his presentation. He said that the Staff report clearly addressed the issues and that both Staff and the Design Review Board had acted to uphold the Town's ordinances. He said that he and his wife had done everything possible to comply with the Town's requirements. Mr. Houston said that the DRB was an "investigative arm" of the Town Council that had performed its job. He said that one of the neighbors had commented that the DRB had been "extremely fair" in its review. Mr. Houston said that 19 two -story houses has been built over the last 20 years in Belveron West and East which had been successfully incorporated into that neighborhood. He said that modern families needed more living space and that numerous expectations existed within the Bel Aire neighborhood that two -story home remodel projects would be undertaken. Houston said that he and his family has asked for no variances and that their project was only 145 square feet (or 8.4 %) larger than the largest home in the neighborhood. Mr. Houston also stated that the privacy and sunlight issues had been addressed and he asked Council to "please allow us to build our new home." Ken Berman, architect for Houston/Lee, said that they had tried to address the principles contained in Section 4.02.07 and to find a "reasonable precedent" for building a two -story home i- within the Bel Aire neighborhood. Berman clarified that the Zoning Code discouraged second story additions or permitted them with increased setbacks. He said that he felt they provided reasonable setbacks, although the Zoning Ordinance lacked specific guidance in this area. In response to the disputed square footage of the project, Mr. Berman said that his calculations were performed on "autocad," which he had used for 12 years. Berman said that Section 1.05.07 defined garage space as "an access building or portion of a main building enclosed on three sides, used primarily for storage of vehicles, bicycles and other uses." He said that the Houston/Lee garage met the intent of this definition. Mayor Gram closed the applicantlappellant portion of the hearing. Vice Mayor Slavitz, commented on the "appearance of mass," asked about the nine -foot plate and raised floor. Mr. Berman said that the kitchen and adjacent areas were all slab on grade. However, he said that the raised floor was more comfortable and noted that his client, Mr. Houston, had knee problems. He also said that the nine -foot plate created a sense of "spaciousness" and was compatible with the floor plan. Town Council Minutes # 23 -2002 September 18, 2002 Page 7 A�I Councilmember Fredericks asked how much of the back yard was actually useable, given the existing stand of trees. A discussion ensued about a 20 -foot [flood control district] easement. She asked if that space could be utilized- Senior Planner Watrous said that a drainage easement per se was not useable, but it would depend on who owned the particular easement. Councilmember Fredericks commented that most of the easements in that area were cut off by fences and trees so as to render them unuseable anyway. Senior Planner Watrous concurred. Mayor Gram opened the public hearing. Prudence Starr, 160 Leland Way, lifetime Bel Aire resident, said that the neighborhood could not be compared to Belveron Gardens, and that the ranch style homes with private patios and sunlight were important features to Bel Aire residents. Ms. Starr said that the 50 -year tradition of "neighborly consideration" was being undermined by the Houston/Lee application which she labled a "trophy home." Ms. Starr said that maintaining the quality of life in the neighborhood was more crucial than maximizing property values. She asked that they "re- think" their design. Virginia Brnnini, 267 Karen Way, 36 -year resident, said that the reason she had fought for annexation into the Town was because the Bel Aire neighbors wanted a "say" in the development of the Town. She said that she, and former Mayors Thayer and Nygren had worked on the Zoning Ordinance language regarding second story additions, and that the word "discouraged" was meant to be just that. Ms. Bnmini said that the basic Bel Aire house was 1,007 square feet and that by this time over 60% of the homes had been increased in size, nine of which were over 2,000 square feet. However, she said that the average house size was closer to 1,500 -1,600 square feet and that a recent [one -story] remodel on Claire Way, which was now 1,757 square feet, had just sold for $975,000. Ms. Bnmini said that while Belveron had done a good job of integrating their two -story remodels, the DRB should have focused more on the issue of neighborhood character in this instance. She said that it was important to preserve the values of privacy, sunlight, and neighborhood compatibility and that approving this application would set a precedent. Karen Nygren, 22 Paseo Mirasol, former Planning Commissioner and Town Councilmember, recalled the "long deliberation" on the issue of two -story remodels in the Bel Aire neighborhood that had taken place when she had been involved in writing the language of the General Plan. Ms. Nygren said that the language regarding height, sunlight, privacy and neighborhood character was specifically put into the policy to deal with the Bel Aire neighborhood. She said that Town Council Minutes # 23 -2002 September 18, 2002 page 8 00�1 approval of this application would change the intent of the General Plan, and f i ther stated that change that was only inevitable if the Council deemed it to be. Carolyn Shadan, 79 Claire Way, said she was in support of the project. She said that the Planning Department was "rigorous" and careful, and that the issue of change was similar to the reaction of the public to the introduction of mini -skirts and long hair. Gene Zwillinger, 19 Claire Way, said that the neighborhood would change with the introduction of two story homes, and that his back -yard privacy would be impacted. He concluded that "quality of life" is what mattered and said that if the footprint of the Houston/Lee proposal could be expanded into a one -story home, and the Code changed accordingly, he would prefer it. Brian Zaillian, 43 -year resident of Bel Aire, said that while some called Bel Aire the "slums of Tiburon" he thought that it was a "special place." He said that while he liked Jeff and Tracy Huston, he realized after viewing the story poles for their proposed home that the "sky was no longer there." Mr. Zale said he hoped a compromise could be reached in order for the home to grow "outward" rather than upward. Leonor Noguez, 346 Karen Way, since May of 2002, said that she did not feel welcome in the neighborhood and that this issue was devisive. She said that the reasons stated in opposition to the Houston/Lee project did not withstand scrutiny and that the 1950's homes needed to be replaced by "family friendly" homes, which did not contain lead paint or asbestos. Vasco Morais, 321 Karen Way, said that before he and his family remodeled their home, they had considered a two -story solution. However, after taking their neighbors' comments into account, they were quite comfortable with their 2,500 -2,600 square foot one -story home. Mr. Morais said that there was an informal survey being conducted in the neighborhood, of which there was currently on a 50% response. He said that of those polled, 59% were not in favor of second stories, 27% would limit the second stories, 10% were undecided, and 4% were in favor of no limitations. Mr. Morais said that he had concluded that some sites could accommodate second stories, but not the Huston/Lee property. Leslie Frysh, said that the Belvedere Lagoon had restrictions on how to build second story homes, with certain height restrictions and setbacks. She suggested that the Town add specific requirements into its existing guidelines. Ecker Evess, 65 Monterey Drive, disputing the privacy issue, said that the railroad right -of -way which passed behind some of the Bel Aire homes in question, was a walkway that allowed people to see into these backyards. Town Council Minutes # 23 -1002 September 18, 2002 Page 9 10�1 Thomas Szymoniak, 293 Karen Way, said that he "danced" when he. saw the story poles and that it was time for a change. He said if the Huston/Lee project or other two -story projects were not allowed, he would in time be "priced out of the neighborhood." Peter Brooks, 54 Claire Way, while acknowledging that the existing homes had limitations, said that this application did not "respect" the neighborhood. Sheman Repal, 254 Cecilia Way, said that he supported the project and that the process had worked. He said he had no privacy because his home backed up to Bell Market. Priscilla Wanat, 86 Claire Way, said that while change was inevitable, the current project was out of scale with the current environment. She said that privacy was extremely important to some, but not all of the Bel Aire residents. She said that the proposed project was "looming" and "impressive" and asked what would happen if another one of similar scale was planned for the other side of the appellants' home. She concluded that this would be "depressing" and "overwhelming" and said that the Houston/Lee project was too big for the neighborhood. Elaine Howard, 295 Cecelia Way, said that the kids she grew up with were not "stunted" or "endangered" and that she was proof because she had just graduated from college. Andrew Rusting, 263 Cecelia Way, said that there was 4,000 square feet remaining of developable space on the Houston/Lee lot, which was plenty of room for a one -story home. Pablo Castro, 270 Cecilia Way, said he had moved to this country to "get away from socialism." He said that Bel Aire was "not a lovely neighborhood" and that he planned to add a second story to his home in the future. He said that everyone should think about "harmony" and be concerned about how the Houston/Lee family would feel if they were not allowed to build. During the appellant's rebuttal period, Jerry Thayer said that the existence of a pedestrian pathway behind one's home was different from the "constant intrusion" of a second story house next door. He said that there were many fine single -story homes in the neighborhood that will be or have been remodeled and that a single -story home would be compatible with the neighborhood. Mr. Thayer said that the Planning Commission was the appropriate forum in which to discuss the second -story issue further. Thayer said that approval of the Houston/Lee project would result in "piecemeal" development in the Bel Aire neighborhood. Mayor Gram closed the public hearing. Councilmember Thompson led off the Council discussion. He said that he had visited the site and had viewed it from all angles. He said he had driven every street in the neighborhood. He said that there were two overlapping issues —the appeal of the DRB approval and the policy regarding second stories. Town Council Minutes # 13 -2002 September 18, 2002 Page 10 00�1 Mr. Thompson concluded that the project was inconsistent with the guidelines stated in the General Plan, and was not compatible on that street in that neighborhood at this time. He said that the General Plan did not need to be rewritten; that second stories could be "nestled" into a roofline, and that he was not against second stories per se. However, he said that the north/south orientation of the street made the application problematic. Thompson said that while the DRB may have "punted" the decision to the Town Council, it was the right thing to do. He said he would vote to grant the appeal. Councilmember Fredericks said that she too understood the needs of younger families, but that neither that nor the concept of an affordable neighborhood was really the issue. She said the crux of the matter was whether or not the application conformed with the neighborhood and the dwellings on adjoining sites. Fredericks said that this did not mean that every house had to look exactly alike, but said that the neighborhood goals for deep back yards, and windows of sunlight, were valued. She also said that the issues of how the proposed home would look, and how high and how wide the second story was, were not adequately addressed. Ms. Fredericks said that she did not favor a "blanket prohibition" of second story homes, but that similar, surrounding remodels could change the neighborhood into "row houses." eol� Councilmember Berger acknowledged that there were cordial people on both sides of this issue. He stated that he had served four years on DRB and six years on the Planning Commission. He said that the DRB had approached the issue correctly and had asked for serious changes to the original plans, and that "blanket proscriptions" were not the way to go. However, Mr. Berger said that as a Town Councilmember considering policy, he would agree that Bel Aire was a unique neighborhood. He said that what made it unique was the open back yards that opened to the sky, just as what made Belvedere Lagoon unique was the opening to the lagoon. He said this concept was well understood by the Planning Commission who wrote the words "to discourage" second stories in this area. Mr. Berger said that it was possible to design "stealth" second stories, but that in this application, the second story was done at the expense of the surrounding neighbors in order to preserve the back yard space of the applicant. Berger concluded that because of the unique neighborhood character, the extra height of the project which blocked views and sunlight, that he would vote to uphold the appeal. He also stated, however, that a design was possible that would achieve the applicants' goals as well as to strengthen the unique quality of the neighborhood. Vice Mayor Slavitz said that his first home was a 1,007 square foot house at 55 Pamela Court in Bel Aire. He said he bought it precisely because of its "possibilities," and that it did not behoove Town Council Minutes # 23 -2002 September 18, 2002 Page 11 AVON W anyone to cut off possibilities. However, he said that resolution of the issue would have to come down to the sensitivity on each side. Mr. Slavitz said he thought the proposed house was too big, and that the second story was "imposing." He recommended redesigning a smaller version or one -story home, and to lower the nine -foot plate. Mayor Gram said that DRB appeals were one of the most difficult tasks that faced the Council. He said that this was not the forum to discuss a second story policy, but that this house was "too big and too imposing" and that he would vote to uphold the appeal. Mayor Gram agreed that specific guidelines would be useful but said that this project "didn't fit" the neighborhood. Town Attorney Danforth then responded to some Council questions concerning denial of an appeal with or without prejudice, and said that the Town's fee waiver policy did not apply to new applications. Councilmember Fredericks that she was concerned about sending a "consistent message" after hearing the comments of her fellow Councilmembers on second stories. Councilmember Berger responded that the language of the Code was clear in that it said that second stories were "strongly discouraged." In other words, according to Berger, "it can be done, but... ". MOTION: To grant the appeal and direct Staff to return with a resolution of findings, Moved: Fredericks, seconded by Thompson Vote: AYES: Unanimous 8. Recommendation by Director of Public Works/Town Engineer — Repeal and Replace Chapter 30 of the Town Code to further regulate the use of Leaf Blowers within the Town of Tiburon Director Echols gave a brief report summarizing the proposed ordinance. Mayor Gram opened and closed the public hearing. There was no public comment. MOTION: To read ordinance by title only. Moved: Fredericks, seconded by Berger Vote: AYES: Unanimous Mayor Gram read, "An ordinance of the Town Council of the Town of Tiburon repealing the existing Chapter 30 of the Tiburon Municipal Code and adopting a new Chapter 30 regulating the use of leaf blowers and gas - powered hedge trimmers." Town Council Minutes # 13 -2002 September 18, 2002 Page 12 IIA r-2.1-TIBIT NTO 61 O D i.� lnHUDIT NTO. Dan Watrous -- From: Nick Bell [nickccbell @gmail.comj Sent: Thursday, October 09, 2014 5:18 PM To: towncouncil @townoftiburon.org UJ Cc: Suzanne Bell; Dan Watrous ICI Subject: 2nd Stories in Belveron f OCf 0 y Z I9 Dear Tiburon Town Council and Design Review Board, PLANT N'I!'C' DIVISION I am writing to address this ongoing serious dilemma that you are looking to address in your joint workshop this evening. I would like to express my request for your consideration of continuing to allow property owners and tax payers of our community the right to choice. Any other decision on the allowing of 2nd story development would be a great disservice to this community and would expose the Town of Tiburon to potential legal actions. We were denied our opportunity to build a two story home which was within our rights and have moved on with our project. That does not mean that you cannot give that right to the next deserving owner who would opt to take that direction. I ask that you seriously consider the consequences of any actions to be taken and the requests of those families that want that opportunity and to see where the future of these communities are heading. I know you have now received several communications regarding all the facts so I will not go into the various details. The net of this is that there is overwhelming support for progress and the right to choose what a property owner wants to build (within reasonable standards and guidelines). I have spoken to several families who have bought an since sold their properties as they realized the limitations they faced and were not aware of when they first bought into our beautiful community. You will be cutting off the lifeblood of the community by restricting options as more and more families will be made aware of this fact and forego looking at this neighborhood as an option. In short, you will be effecting property values and continue to dissuade new families from considering moving to this neighborhood. This will create the perception that local government can be convinced to work against its community by a handful of the vocal minority and that will become a stigma that Tiburon will have to live with. Please consider doing the right thing for the community of Belveron and for the Town of Tiburon by not restricting the rights of those who live there. Nick & Suzanne Bell 26 Apollo Rd Diane Crane lacopi From: Dan Watous Sent: Thursday, October 09, 2014 3:16 PM To: alITC (Tiburon Town Council); alIDRB Cc: Peggy Curran; Scott Anderson; Connie Cashman; Diane Crane lacopi, Kyra O'Malley Subject: FW: Agenda for the Workshop Meeting this evening p E C E � V From: Catherine Soper fmailto :catherinesoperCalgmail.coml 9 Z014 Sent: Thursday, October 09, 2014 3:09 PM ©fit To: towncouncilCaltownoftiburon.orq; Dan Watrous TOWN CLERK Subject: Agenda for the Workshop Meeting this evening TOWN OF TIBURON Dear Tiburon Town Council and Design Review Board, It is concerning to me as a homeowner regarding workshop meeting being held on Thursday, October 09, 2014. I understand that part of the agenda includes consideration of second story additions, particularly in neighborhoods such as Belveron. Neighborhood character can change throughout the years, I think when you look at the homeowners that are against second story remodels, they are opposed to change. The current character of the Belveron neighborhood is changing, it seems to be improving, for the better. The last thing that many of us would like to see is this turn into a cookie counter neighborhood that lacks charm and diversity. I believe that each remodel is unique and should be worked out with the immediate neighbors it affects, not a whole neighborhood dividing one another. Most importantly, a new Zoning Ordinance would negatively affect property values and the reputation of the Belveron neighborhood. Improvement and remodels help the entire neighborhood and may not be seen as desirable to potential home buyers, who may look to other neighborhoods and even worst, other cities. I don't believe any board or a town can vote what is best for a neighborhood which can have not only immediate ramifications but long term as well. This is a subject that is best decided case by case, by homeowners living in a community, not something decided and voted on by members who think they know what might be best and do not live in the neighborhoods affected. Please take these facts into consideration. Respectfully, Cathy Soper 19 Apollo Road Diane Crane lacopi From: Dan Watrous Sent: Thursday, October 09, 2014 3:16 PM To: allTC (Tiburon Town Council); aIIDRB Cc: Peggy Curran; Scott Anderson; Connie Cashman; Diane Crane lacopi; Kyra O'Malley Subject: FW: Second story remodels in Belveron East From: Sharon Sand [mailto:ssand44Cagmail.coml Sent: Thursday, October 09, 2014 3:02 PM To: Dan Watrous Subject: Second story remodels in Belveron East Dear Tiburon Design Review Board, ' I l TOWN CLERK TOWN OF TIBURON We are writing to voice our concern regarding future second story remodels in Belveron East and its potential ramifications an the future of our neighborhood. Having re -built our home in 2000, we understand the effect of new construction on surrounding neighbors. We were able to achieve our goal of a 4 bedroom, 2 bathroom home while retaining our large backyard and not encroaching on arty of our neighbors privacy. Visitors often comment an how secluded our backyard feels despite having three one story roofs visible over our 6 foot fence- If, in the future, any of these homes builds a second story our privacy will be lost forever. That being said, we also think that second stories might be appropriate for certain properties. Many of the perimeter lots have steep backyards and no room to expand unless they go up. If the second story additions on these properties can be achieved with neighbor approval and no loss of privacy we feel that they should be considered. We we not old- timers who are opposed to change. We fully understand the need for replacing these small houses with modern family homes. In our opinion, the beauty of Belveron is that we have many wonderful neighbors yet still have a feeling of privacy once inside our home and in our backyard. Thank you Sharon Sand and Vince Pannepocker 44 Mercury Avenue Tiburon Diane Crane lacopi From: Dan Watrous Sent: Thursday, October 09, 2014 10:15 AM To: alITC (Tiburon Town Council); aIIDRB Cc: Peggy Curran; Scott Anderson; Connie Cashman; Diane Crane lacopi; Kyra O'Malley Subject: FW: Belveron East - From: Karen Halsey [mailto :karen.halsey -(alicloud.coml Sent: Thursday, October 09, 2014 9:57 AM TOWN CLERK To: Dan Watrous TOWN OFTIBURON Subject: Belveron East Town Council: Our opinion is that two -story homes should NO longer be permitted in Belveron East. One of the features that makes Belveron East a lovely neighborhood is the vast majority of single -story homes here. Single -story homes: • Allow neighbors to have greater privacy • Allow more sweeping views across the neighborhood and into the surrounding hills • Maintain the historic character of the neighborhood • Permit more sunshine and light If two -story homes were allowed, there is no reason to believe that they would be limited in size. We expect homeowners would use every inch of their second story space and request variants to maximize a second floor's square footage, causing even greater encroachment on neighbors. In the last several years, many new homeowners have significantly remodeled their single -story homes, adding great design to the neighborhood while maintaining the historic character of it. Best, Brooke & Karen Halsey 14 Juno Road Diane Crane lacopi From: Dan Watrous Sent: Thursday, October 09, 2014 8:35 AM To: alITC (Tiburon Town Council); alIDRB Cc: Peggy Curran; Scott Anderson; Connie Cashman; Diane Crane lacopi; Kyra O'Malley Subject: FW: Belveron Hone Design Rules From: Rick Vasicek [mailto:rick vasicek0)msn.com] Sent: Wednesday, October 08, 2014 10:20 PM To: Dan Watrous; towncouncil(a)townoftiburon.org Cc: Katie Vasicek; Rick Vasicek Subject: Belveron Hone Design Rules To Whom it May Concern, -- 411-11-s-_ n - Il 11 OC - 9 2014 U TOWN CLERK TOWN OF TIBURON Myself, Rick Vasicek, and my wife, Katie Vasicek, residents of Tiburon at 20 Apollo Rd, write this letter to express our concerns over potential new rules that would create new limitations on the design and architectural requirements for construction within our neighborhood. We understand that the design review board is considering enacting limitations on the ability for homeowners to create second -story additions or new home construction with second stories. This concerns us for a variety reasons; 1- it would create blanket restrictions on our neighborhood which are not necessary nor just relative to building codes across Tiburon, 2- it impedes the rights of current homeowners, 3- potentially limits property values in our neighborhood, 4- discourages investment in our neighborhood, 5- lastly, when Belveron was constructed in the 1950s and homes were built in a bungalow style it met the needs of the times. Today, homeowners pay a premium for such property as it curtails construction of home design for the needs of modern families. In closing, we urge the design review board to not enact such limitations. We thank you for your consideration. Sincerely, Rick and Katie Vasicek 20 Apollo Road Mr. & Mrs. James P. O'Neal 5 Apollo Road Tiburon, CA 94920 ��j p 8 2014 Design Review Board, Tiburon C/O Mr. Dan Watrous October 7, 2014 Dear Design Review Board Members, It has come to our attention that you will be considering the policies and over all plans for neighborhoods such as ours — predominantly single story. We appreciate that you are looking at this as a matter of course rather than within a specific property concern. We strongly support policies that will keep the homes in single story neighborhoods as their were built— single story. The height restrictions for this area need to be reduced to keep homes single story. This will provide greater respect for neighbors' privacy and goodwill among residents It is our opinion that the formation of this neighborhood was designed in such a way to have as many houses as possible in a small area and yet give each home it's own light and privacy. We do live closely together but not over top of each other. In the cases where people have wanted to "go up" in order to have larger homes and not use up lot space, their neighbors have been in position to lose something. The owners adding to their homes would get what they are looking for but their neighbors would lose, light, privacy and general comfort in their own home. Our house is one of the many already remodeled homes in the neighborhood. We know it is possible to have a good home, with generous amounts of space for a family. We were able to attain this while being considerate of our neighbors by remodeling a three bedroom one bath home on an average size lot, into a four bedroom, three bath home with yard space in the front and back without going up. We enjoy the neighborhood. It helps increase diversity in Tiburon by providing housing that can be for entry level buyers, retired residents and homes that have diversity in size. Our neighborhood provides a place for people like us that want to be in this lovely town, send our children to fabulous schools, but don't feel the need to live in a large home. Big houses are great. There are many all over Tiburon. So for people who want that there are those kinds of houses. We just want to keep the flavor and options of a neighborhood like ours available as well. It is wonderful to have diversity of homes in our town to have diversity in residents. Sincerely, Mo i ira and Ji Neal Diane Crane lacopi From: Dan Watrous Sent: Wednesday, October 08, 2014 10:49 AM To: alITC (Tiburon Town Council); alIDRB Cc: Peggy Curran; Scott Anderson; Connie Cashman; Diane Crane lacopi Subject: FW: For Meeting on Oct. 9 at 6 pm Attachments: Mayor for Oct 9 2014 meeting. pdf From: karen carrera [ mailto :karencarrera66(alyahoo.coml Sent: Wednesday, October 08, 2014 10:36 AM To: Dan Watrous Subject: For Meeting on Oct. 9 at 6 pm Dear Mr. Watrous: Please forward a copy of the attached to the Design Review Board. Thank you for your cooperation. I(11 1111110- OCt -.; 201�t__... TOWNN OF TIBURON Karen C. Carrera, Esq. 22 Apollo Road Tiburon, California 94920 Karen@e-licenciados.com October 7, 2014 OGi -8 2014 TOWN CLERK TOWN OF TIBURON Re: Risk to Town Caused by Limiting Property Values in Belveron. WORKSHOP MEETING, OCTOBER 9, 2014, 6 PM Dear Hon. Mayor Alice Fredericks, the Town Council and Design Review Board: I submit this letter to voice my strong opposition to any proposal to limit properties in Belveron Gardens to one - story. My husband and I purchased a single story home at 22 Apollo Road, in the heart of Belveron in 2001. The Belveron subdivision is listed in the Town register as "Belveron Gardens" for a reason -the large Iots are designed to contribute to a garden feel with lawns and gardens. Unfortunately, there are a handful of vocal neighborhood activists who, despite possibly good intension, are destroying the garden feel of our community by lobbing for the construction of massive single story homes that leave little space for gardens in Belveron. These massive homes simply cannibalize the garden feel of our community. Second story homes, like our modest home, permit our neighbors to honor the property setbacks by building up - saving the gardens. My home, 22 Apollo Road is 2 story a California Spanish style home. My husband and I built our home; we designed it with great care and love. And the home was approved by unanimous vote by the good people on the Board in 2004. At 6;750 square feet, 22 Apollo is one of the smallest lots in Belveron. We had no choice but tobuild up during our remodel. Our two-story home is 2,403 square feet. Architectural diversity is a beautiful component of Belveron Garden. Remodeled Belveron homes include Spanish style stucco, Asian influence, modern box, Cape - Cod, and California bungalow. When we purchased our home in 2001, Belveron home values were equal to homes in the BelAire neighborhood. Today, Belveron homes are valued at hundreds of thousands of dollars more than Bel Aire, largely, because the Town encouraged and approved architecturally diverse single and second -story homes - like ours - in Belveron. In short, lots in Belveron have more potential. 1 THERE ARE 22 TWO -STORY HOMES IN BELVERON Moreover, there are currently 22 two -story homes in Belveron. Of those, 8 second story homes are located in the center of the Belveron neighborhood,' and 6 are located on the parameter of the neighborhood.? Belveron West has 8 two -story homes. Of those homes, 3 are located in the center of the Belveron neighborhood,3 and 5 are two -story homes built on the parameter.4 These homes help create the garden feel of our community by respecting setbacks and thereby promoting lawns and gardens. Massive footprint homes like those embraced by the advocates of these limits are inapposite. For example, two lots up from my home is 24 Apollo -- an excellent example of a massive lawn /garden cannibalizing home out of character with Belveron Gardens that is currently under construction. LIMITING HOMES TO ONE STORY WOULD INVITE LAWSUITS AND EXPOSE THE TOWN TO UNECESSARY RISK. If this Board were now to eliminate my neighbor's rights to build two -story homes, the Town would surely invite a righteous lawsuit; exposing Tiburon to tremendous LIST OF 22 TWO -STORY HOMES IN BELVERON: 12 STORY HOMES ON "INTERIOR" BELVERON LOTS: 9 Mercury Avenue, 11 Mercury Avenue, 3 Juno Road, 16 Apollo Road, 22 Apollo Road, 19 Juno Road, 15 Venus Court, 21 Venus Court z 31 Mercury Avenue, 40 Juno Road, 6 Venus Court; 26 Venus Court, 16 Venus Court, 12 Venus Court 3 2 STORY HOMES ON "INTERIOR" BELVERON LOTS 104 Jefferson Drive, 105 Jefferson Drive, 497 Washington Court. 4115 Jefferson Drive, 113 Jefferson Drive, 493 Irwin Court, 489 Irwin Court, 473 Irwin Court liability. Monetary damages are clear. For example, the second story on our property is a modest 555 square feet. If the average price per square foot in Belveron is $987.005, the second -story at 22 Apollo Road enhances my property value by $547,785.00. In other words, if the Town were to now eliminate the right of my neighbors to build a modest similar second -story on their property - a right currently vested in each owner - that action could be reasonably interpreted as an intentional act causing damage to each property in Belveron Gardens by over half a million dollars. The Town's vulnerable rationale for limiting our neighbor's rights to single -story homes is further weakened by the fact that the', town has already approved 22 two - story homes in Belveron. If you vote to approve this proposal, you would be voting to take away an important vested property right. Your vote would impact Belveron property values further by requiring homeowners to disclose this new arbitrary regulation to potential buyers. THIS ISSUE DIVIDES BELVERON. Finally, keep in mind that our neighborhood is split on this issue. The owners of the Bell property located at 24 Apollo Road had the solid support of their surrounding neighbors in their failed quest to build a second story home. They submitted a petition in support of their project to build a second -story home signed by over 50 Belveron residents, including their immediate front and side neighbors. Their proposal fit within all setbacks and height restrictions. Surely if the town were to now act against my neighbors by harming our property values, certainly my neighbors and those who supported the Bell project would be monetarily damaged. PROCEED ON A CASE -BY -CASE BASIS. We love our home. We think it's special. If this Town were to now limit my neighbors to single -story homes, you would make our home even more special - and certainly increase my property values. Still, that would not be fair to my good neighbors. They should have the opportunity to build homes that preserve the historical garden feel of Belveron by building remodels that respect the current home setbacks. They should have an equal the opportunity to build up if they want - particularly if they have a smaller lot like ours. We would never support a "McMansion" and of course, not every second -story would fit -in here. However, my neighbors should have the option to build tip if they have the support of their surrounding neighbors. One solution, based on precedent established by this Board, would be to continue to permit second -story homes in Belveron Gardens and not in Bel Aire. 5 20 June Road, 1944 sq. ft closed in October 2014 for over $1,800,000.00; $925 per sq.ft 6 June Road, 1012 sq.fL sold for $1,310,000.00,$1,294 per sq.ft 18 Venus Court, 2302 sq.ft sold for $1,720,000.00; $742 per sq.ft. Average square foot, Belveron = $987.00. NO NOTICE OF HEARING. I am troubled by the fact the town failed to notify the Belveron Garden community that this issue would be discussed by the Board and by Design Review. CONCLUSION. Please don't send a troubling message to prospective purchasers of Belveron properties. Please don't act to adversely impact our property values, causing clear monetary damages. Madam Mayor, if you or any other Board Member would like to discuss this matter, we would be delighted to have you as a guest at our home to talk. We want peace in our neighborhood. This town cannot be bullied by a small group of short- sighted vocal advocates. There is simply too much money at stake. Thank you for your kind consideration. Very truly yours, Karen Carrera 4 Diane Crane lacopi From: Dan Watrous Sent: Tuesday, October 07, 2014 8:53 AM To: allDRB Cc: Peggy Curran; Scott Anderson; Diane Crane lacopi; Connie Cashman Subject: FW: Second stories exist already in Belveronl get over it! From: margot geitheim fmailto :marootgeitheimayahoo.mml 2014 Sent: Monday, October 06, 2014 11:02 PM To: alrrC (Tiburon Town Council) TOWN CLERK Cc: Dan Watrous TOWN OFTIBURON Subject: Second stories exist already in Belveron! get over it! dear town council members, I bought my belveron East home in late 2003, and I distinctly remember seeing quite a few second story homes as I drove to my house in the'end' of Mercury ave. it are me happy to think Great, his won't be like those horrible condos I just left! I will be able to build what I want one day. Yahoo! Fast forward ten years and I find out that the neighborhood busy body, aka Martin Andrews, goes around calling herself the head of the "association," and spouts her One Story opinion as if we ALL AGREE with her! nothing could be further from the truth! I find one story homes like hers, to take an example, unattractive and way too close to the street. Cars in those driveways literally hang out into the street, landscaping is usually planted up to the street curb, which as far as I knew, isn't their property, but they use it as if it is! And worst of all, they want to tell US what to do with our own property! Look, I just got my 2014/2015 property tax bill, which included a 10% increase! ($1,00001! !! More a year!). so I now will pay $12,000 plus a year! And you think that negates my freedom of choice on my desire to go up? I feel like a second class citizen, and if such a ruling were to go through, it would mean MORE strife in Belveron, not less. Look, the house behind me just got rebuilt; I did not fight a thing; I went to one planning dept meeting, looked over their plans, and basically wished them well. they must have gone back to the planning department several times, though as their new home is the size of a small private school. so, when I have the money to remodel, I will HAVE to go up, as my back yard is going to be flooded soon due to that new humongous one story house up above my back yard. Luckily I do not want to turn my back yard into a house, I love my backyard, .... But in order to have room to really enjoy my house, I will go up once I have the money. trust me, I don't want to spend my money on lawsuits I never have, .... But if you think I moved out of a condo just to be pushed around by someone neighborhood busy body, you are going to be in for a surprise. we in Belveron are not going to watch Everybody else in this town get to build nice homes, while we are treated like Ghetto dwellers! Sincerely, Margot Geitheim Diane Crane lacopi From: Dan Watrous Sent: Tuesday, October 07, 2014 8:52 AM To: alITC (Tiburon Town Council); allDRB Cc: Peggy Curran; Scott Anderson; Diane Crane lacopi; Connie Cashman Subject: FW: Second Story Additions in Belveron East M n From: Linda Hevern [mailto:lhevern0cimaii.coml Sent: Monday, October 06, 2014 7:52 PM To: Dan Watrous Subject: Second Story Additions in Belveron East E C E 0 U E TOWN CLERK TOWN OF TIBURON My name is Linda Hevern and I live at 4 Juno Road. My husband has lived in this house since 1949 when it was built. We are opposed to second story additions in our neighborhood as it would greatly impact the character of our community, as well as impact what views we may have. Since I have lived in this community of Belveron East, I have made lifelong friends; we are not just neighbors. We look out for one another, we have get togethers and a neighborhood book club; we care deeply for one another. This is a unique neighborhood, and we are concerned that If second story McMensions are allowed, we will lose what makes it so special. We urge you to stop second story houses from being built in Belveron East and to keep It the unique and special community that it has always been. On another note, we just had a one -story house on Juno Road sell for $1.8 ..... we have beautiful one story remodels that would suit any families need. Thank you for your time, Linda and Ed Hevern 4 Juno Road Tiburon, CA 94920 Diane Crane lacopi From: Dan Watrous Sent: Monday, October 06, 2014 2:51 PM To: WITC (Tiburon Town Council); aIIDRB Cc: Peggy Curran; Scott Anderson; Diane Crane lacopi; Connie Cashman Subject: FW: Belveron East Remodels E C E o V E 0 OGI - 5 2014 From: Jay Andrews rmailto:joaciFiicmarine(c' ahoo.coml TOWN CLERK Sent: Monday, October 06, 2014 2:50 PM TOWN OF TIBURON To: Dan Watrous Subject: Belveron East Remodels Mr. Watrous I am writing this letter to express my concerns regarding second -story residences in the Belveron East neighborhood. We have been thorugh this process several times with the same concerns and, thankfully to date, the same results. The Belveron East neighborhood is based on single - family, single -story houses. The effect of allowing second -story additions/remodels would be to create an atmosphere where any and every house in the neighborhood could be another two -story house and greatly diminish our views and our privacy. I would like to encourage both the Town Council and the Design Review Board to establish a through policy regarding second -story remodels which will remove the ambiguity that currently exists regarding the approval of these remodels. I strongly believe that with the excepetion of the west side of Mercury Avenue, which abuts the Open Space, second -story remodels In our neighborhood should not be allowed. Once a second -story remodel is allowed, there is no incentive for the next remodel to remain as a single -story; this is especially true when the houses have their view and privacy compromised by the previous second -story remodel. Most of the lots in Belveron East are large enough to make single -story remodels capable of accomodating even a larger family. If the second -story remodels are allowed, there will be no going back and it would be very difficult to deny the any future two -story remodel. The pressure to approve this type of development in a family neighborhood is understandable; but it is a pressure that must be resisted in order that we can have a neighborhood where we still have our views of the Open Space and without having a two -story remodel staring down into our backyards. With the best interests of our neighborhood's future at stake I want to urge that a policy of no second -story remodels in the interior of Belveron be adopted. To resolve this issue once and for all is necessary to ensure that our neighborhood continues to be able to accomodate remodels which fit within the established development pattern. It is important to establish a single -story development policy for Belveron East and I hope that you'll agree this is the time to make that a coherent and unified policy. Thank you, Jay Andrews 11 Apollo Road Belveron East Diane Crane lacopi From: Dan Watrous Sent: Monday, October 06, 2014 2:51 PM To: Diane Crane lacopi Subject: FW: Oct 9th meeting - Second story Dwellings Comments From: daniel amir rmailto:daniel amirCGlyahoo.coml Sent: Monday, October 06, 2014 2:46 PM To: aIITC (Tiburon Town Council); Dan Watrous Subject: Oct 9th meeting - Second story Dwellings Comments Dear Town Council/Design Review Board, OCT 6 ZU14 BUJ TOWN CLERK TOWN OF TIBURON My name is Daniel Amir and I live on 22 Juno Road and am a resident of Belveron East. I have lived in the neighborhood since 2005 and have seen a number of disputes surrounding a second story construction project. I am glad that town council and design review board has decided to take up this matter. Belveron East is predominantly a single story neighborhood with homes that are fairly close to each other. The neighborhood is going thm a phase of significant remodeling in the past ten years and there are many new and remodeled homes in the area. I myself had remodeled my house in 2009. I believe that a second story should be not allowed in the neighborhood. Given the proximity of homes to each other and the limited Ring Mountain or Trestle Glenn mountain views that we have a second story home when built is bound to impact 2-4 surrounding neighbors in a negative way. The second story creates both privacy and view issues that single story homes do not and creates conflicts. The current ambiguity around a second story shouldn't continue and I hope the town council adapts a resolution that a second story is not allowed. There are beautiful single story homes that have been built in the past few years that have families of 45 people so single story homes are not loo small" for families. Therefore, the size of the lots still permit to have a very practical and beautiful single story home. I myself went with a single story option and could not be happier with the result. The neighborhood prides Itself of being very family friendly where families walk the streets and privacy is respected. The second story issue is bound to come up again in the future and again split the neighborhood like it has done in the past. If people know in advance that they cannot build a second story then this will eliminate this conflict and will set expectations correctly. There are many other areas In Tiburon where one can have a two story house that would not impact the neighbors. Regards, Daniel Amir Diane Crane lacopi From: Dan Watrous Sent: Monday, October 06, 2014 2:50 PM To: aIIDRB Cc: Peggy Curran; Scott Anderson; Diane Crane lacopi; Connie Cashman Subject: FW: 2nd stories From: Marti Andrews rmailto :martipandrews(agmail.coml Sent: Monday, October 06, 2014 2:08 PM To: alrrC (Tiburon Town Council); Dan Watrous Cc: ]ay Andrews Subject: 2nd stories Hello DRB and Town Council E C E � V E OCT - 6 2U14 TOWN CLERK TOW N OF TIBURON Thank you for considering the topic of second story additions in general now, rather than having a particular house or family in the middle of the issue. I hope you clarify this and establish it once and for all, so people are clear about what they can and cannot do - and won't bring conflicts to you about it. Belveron was built as a modest community with flat streets, one -story houses, and lots of privacy. I believe it is the most appealing neighborhood in Tiburon for families with small children. If you drive around Belveron late in the afternoon, you will see children riding bikes and scooters, running and playing. Adults are outside watching the kids, chatting with friendly neighbors, perhaps enjoying a beer or glass of wine. I have not seen this sense of community anywhere else in Tiburon. These are a few of the reasons a house on Juno (one story) just sold for $1.8 million. You can find a large two story house for twice the price, but you cannot find the kind of neighborhood community we have elsewhere. You know the issues already: views, privacy, etc. These remain the same. You may not know how /why the four houses on the interior of Belveron East got second story approval: 16 Apollo - nobody cared in 1995 when Adina Robinson put a box on top of her house. 3 Juno (on a corner) - with neighbor input and discussion, that second story was built with neighbor approval (per owner Debby Walton) 29 Juno - The Roses, in hindsight, wrote a letter to DRB a year or two ago saying maybe it wasn't such a good idea after all.. 22 Apollo - I think I was the only person who questioned a 2 story Mediterranean style house with a wall around it in the middle of Belveron, and I got hell for it. Several options. One is to have all sales include disclosure regarding the unlikely second story building. Another is to simply ban second stories altogether - some of them are fine so this doesn't seem fair. Another is no second stories on the interior of Belveron. This seems more realistic. Regardless: No two -story addition unless you get the unconditional written approval of all adjacent neighbors, and anyone else in the area who could be affected by views, sun, privacy, or other concerns. And you know what the code already says about it. Please stick with it! Thank you for your time and consideration. Marti Andrews 11 Apollo martipandrewsCcDgmail.com +1415.847.1200