HomeMy WebLinkAboutTC Res 2020-03-04 RTSOLUTION NO. 07-2020
� A R�SOLUTION OF THE TOWN COUNCIL OF TH� TOWN OF TIBURON
DENYING AN APP�AL BY L�YNEP AKON OF TH� ll�SIGN R�VIEW
�30ARD'S APPROVAL OF A SITE PLAN AND ARCHITECTURAL R�VI�W
APPLICATION FOR THE CONSTRUCTION OF ADDITIONS TO AN
ElISTING SINGL�-FAMILY DWELLING, WITH A VARIANC� FOR
REDUCCI) SIDI�: S�TBACK ON PROPTRTY LOCAT�ll AT 1707 VISTAZO
WEST STR�ET
(ASS�SSOR PAI2CI.L NO. 059-011-08)
WH�;KE�S, on November 2J, 2019, the Design Review Board held a duly
»oticed public hearing to consider a Site Plan and Architectural Review application (File
Nos. DK2019-057 a�7d VAR2019-020) filed by Lisa Edwards and Chuck �Iornbrook
("Applicant') for the coilstruction of additions to an existing single-family dwelling, with
a Variance for reduced side setback, oi1 property located at 1707 Vistazo West Street: and
"I�he official recoi-d for this application is hereby incorporated and made pai•t of
this Resolution. The 1•ecord includes, without limitation, staff reports. mii�utes,
applicatiotl materials. appeal nlaterials, correspondence, and all comments and materials
received at a11y public hearings.
� WHEREAS, at that heariiig, the adjaceilt property owner at 1711 Vistazo
West Street opposcd the application aild raised concerns regarding privac}� and noise
inipacts. �I,l�c Design Review�Board reviewed the plans and determined thal the additions
w-ill follow the Hillside Design Guidelines and the Guiding Principles expi-essed in
Tibtirol� Mtlnicipal Code section 16-52.020 (H). The Board expi-essed co��cer�is
regai�di»g the potential piracy and noise impacts for the adjacent ne�gl�bor. The Board
added conditions to the conditions of approval that would adequately address the
concer»s Fi-ol�� the ho�ne of 171 1 Vistazo West Street.
WHI�REnS, the Desigi� Review Board voted 4-0-1 to co�lditionally appi-ove
the pl-oject; ai7d
WI-IEREAS. on November 26. 2019. owner of 1711 Vistazo West Street
("�ppellallts��) tiled a tiinely appeal of tlie Desi�n Review Board's decision. objectiil� to
the potential privac�� and noise impacts caused by the proposed dec]<_ windo�v
modifications. assertin;� that the f�indings for variance for reduced side setbacl< coulcl not
be made: and
�il�-IERE�IS. on Januaiy I5, 2020, the Tow�1 Council lleld a duly-noticed
public l�earing. on a de novo basis, on the appeal, dui•ing wl�ich testimony ����ts heard and
considcrcd regardin� the application and the Design Review Board's revie��� �nd decision
on the application. At the conclusion of the public hearing, the Town Council voted 3-]
� to direct staff to prepare a resolution denying the appeal for the consideration o1�adoption
Town Council Resolution No. 07-2020 MARCH 4, 2020 Page 1 of 3
at the next meetiilg. The Cou�lcil cletermined that tlle subject application would be
consistent with the �uiding pi-ii�ciples in i-eview of Site Plan and Architectui-al Review
� application col�tai��ed �uithin Section ]6-52.020 (H) as the additions would »ot create
additioi�al voll�me, �nass or bullc to the pi-operty.
WH�REAS, thc February 5, 2020 Town Council meeting was cancelled due
to the probable lack of quorurn and the item was agenized for the Marcl� 4, 2020 meeting.
WNEREAS, the Town Cotzncil finds that the project is eae���pt fi-o»> tlle
requirenlents of tl�e Califor��ia Environmental Quality Act per Sect�on ]5301 of the
CEQA Guidelines_ and
WH�;RE�1S, the Tow�1 Council determined that the findiilgs can be n�ade for
the requested variance for reduced sidc setback as required by Section 16-52.030 (E) of
tl�e Tibui•on Zoninb Ordinance and as described below:
1. 13ecc�use of s��ecial ci��ci.nnstczs�ces applicable to tlre p�°operty, inclz�ding si.%e,
sl�ape, topog�°c���hy, loca�ion, or sirrl�oundings, tl�e st�°ict applicatio�� of t1�i.s
O�•di��a�ce i��ill deprive the applicant of p�ivileges enjoyec� by othe��pr�o�er•lies in
11�e vici��ily uf�d i�� tl�e scn��e or substantially the saine zone.
Tl�e subject properry is narrow in shape at ihe street and widens towards the back
of the property with a stecp topography. The existing home is situated close to
tl�e street because of the hillside and the property lines are located in tl�e middle of
the street. The home already has decks on the property, but none tl�at are attached
to the house. DL�e to tl�e shape, topography and location of tl�e home. these
physical characteristics create special circumstai�ces that would depl-ive the
owners of this property of developinent privileges for a home similar to those
enjoyecl by other properties in the vicinity.
2. The vai�iar�cc> >>>il1 not co«.st�itute a g��unt of special privileges, inco��sisle»I �ri1h the
Ir»�ilnlioj�s arpoi� oll�er����operties in the vicinzty and in the scone or .s�i.ibs/�rnliull�-�
lhc� same �o»e.
Many other homes have received Vari�lces for reduced setbacks in the RO-2
zones. most recent 1810 Vistazo West Street.1762 Vistazo West Street and 23�1
Spanish Trail. In addition, eve�1 though the home was constructed befoi�e the �
To���n was incoiporated, the adjacent property at 1711 Vistazo West has structtu�es
that encroach into rec�uire setbacks.
3. TI�e s�lr�icl u���licutioj� 0��/1�i.�� Zoi�ing O��di����fvice 1->>oz�ld�°esz�ll i»pr•acticcrl cr'itficz�l��;
o�• anv�ecesscny 1�hysical I�ardshil�. Self-c�°e��ted hcn�•dship.s ���uy »ol he c:or�sic/erec�
cm�o��g lhe f�rcloi�s ll�ul might co»s7it�rte special ci��cums�at�ces. A .self creuled
hc���dsl�ip res�ielis fi�om actions tc�ken by p��esent or pi�ior oi�i>>�ers of�ll�c� ��i�o��er/�,
thut cof�scio�.rsly ci�eule �he ve�y difficz�llie,s or hairdsl�i��.s cicaimed as the b�rsis fo��
� C/14 C11���I1CLal101?f01"C7 jlUl'IUl9CC'.
Town Council Resolution No ��-2020 MARCH 4, 2020 Page 2 of 3
"I,hc subject property is a lai-ge site and is larger than thE ininimum lot size of
20;000 sc�uare feet. however, the existing conditions of the home and topobraphy
limit the placcine»t of future impi•ovements. The Town Council eapressed that
additional feet on the side for the deck would be needed to p1•ovide adequate space
for access bet��een tl�e home a�1d otller areas of the propci•ty.
�. The �rc�nli»g of� 11�e vuricaj�ce ��ill ��ot be deti�ii��ental to the pzrblic 1>>elfai�e or�
il�juriozis lo oll�e���ro��erlies i�� the viczrr�ity.
Th� Town Cou»cil foiznd tl�at th� deck in t11is location would be less of an imp�ct
fi-om tl�e adjacent neighbor as the location would be downhill, sci-eened by
eaisting fencin�, structtares, and landscaping, and not in close proximity to thc
main house of the adjacent neighbor at 1711 Vistazo West Street.
NOW, TIIEREFORE, I3� IT RESOLVED that the foregoing Recitals are true and
coi•rect and are incoiporated lierein and form a part of this Resolutioll.
B� IT ��URTI�ER RESOLVED that ihe Town Council of the Town of I�iburon
hei•eby de�lies t�l�e appeal of Zeyllep Alcon and approves the Site Plan and Architectural Review
application (DR2019-057 and VAR2019-020) for construction of additions to an existing single-
fatnily dwelling, with a V�riance ior reduce side setback, on property located at 1707 Vistazo
west Street.
PASS�D AND ADOP"I�ED at a regulai- meeting of the Town Council on Mareh 4,
2020 by the following vote:
AYES: COUNCILMEMBERS: Fredericks, Thier, Welner
NAYS: COUNCILM�MB�RS: Kulik
ABSENT: COUNCILMEMBERS: One Vacant Seat
ALICE FREDERICKS, M�YOR
TOWN OF 1-IBURON
�1"I�TEST:
�i.�'t�; -7� ,�
LEA S'I�EF�NI�. TOWN CLERK
Town Council Resolution Na_ ��'-2G20 MARCH 4, 2020 Page 3 of 3