The URL can be used to link to this page

Home My WebLink AboutTC Res 2020-04-01 (3) R�SOLUTION NO. 10-2020 � A RESOIlUTION OF TH� TOWN COUNCIL OF THI, TOWN OF TIBU42�i�' � G12ANTING AN APP�AL BY CAVI 1985, LLC, TO OVERTURi�' "I'HL PLANNIN(� COMMISSION'S APPROVAI, OI' AN INT�RPI2�TATION D�T�RMINATIO�\' I2I?�QU�STED 13Y THT COMMUNITY DCV�LOPMENT DIRECTOR RF,GARllING TIBU120N MiJNICIPAL CODI; SI�CTION 16-_52.030 (VARIANCI;), AS l"T APPLI�S �I'O S�CTION 16-21.040 (R�SIDLNTI��L ZONC DEVl?LOPM�NT STANDARDS) FOR MAXIMUM LOT COVCRAGI� ALLOWANCL OF 1�°/, F'012 RO-2 ZONES FOR AN APPL,ICATION TO ALTER � AN L-PP�R L�VEL llECK AT 490 RIDGE ROAD. (:�SS�SSOR PAKC�L NO. 059-082-06) WI-�LREAS, on September 26, 2019, the owner of 490 Rid��e Road_ Stephcn Sch��artz (�`O�vner'� or '�Applical�t") submitted an applicatio�l for a Site Plv� and Architectural Revie��- to reconfigus�e his upper level deck. The existing dec]< exeeeded the maximui�� lot coverage bv vil�tuc of pr�iol- granted vai•iances. The proposal sougllt to shift 2.l 8 % of thc c�istin�� cxcess ]ot coverage to a diffel-ent location of the deck; WHERI��/1S. the Plallning Director sought an interpretation determination from the Plannin� Commissioil oi�Til�tu-on Municipal Code (TMC) 16-52.030 (Variance). as it a}�pli�d to TMC � 16-21.040 (Res�dential Developnlent Staildards) on th� issue of whethel- a ne�a- �-�iria�Ice wolild be i-equirecl in ord�r to shift the pi•eviously approved excess lot co��erage to an area that was not� considereci dtu�i��g the previous variance approvals; WHL.REAS. on Noven�ber 13, 2019, t11e Plaiining Co�r�mission held a duly notic�d ��eetin� on the interpretation determination of the Zoning Ordinance requestecl b�� the director. At thc hearing_ tl�e Plannin� Comnlission determined that a new varia»ce �vas not ne�ded. and directed staff to prep�lre a draft resolution for adoption at the ne�t meeti�lg. 1��he oi�licial rec�rd� for tl�at meetin�,z arc hereby incorporated and made part of this Resolution. `I�he record includes. ��ithout limitation_ staff re��orts, exhibits, minutes, correspondence. and all c��mments and matei-ials l�eceived at an�� public heai-ings; V�i}IEREAS. on I)ecember 9. 2019, the Plai»iin� Commission held a ciul�� noticecl meetin<� to adopt thc R�solution. Prior to adoption, the Resolution was remo�ed from tl�c c<�nsent calendar and ��as opened u�� fol� additional discussion. The offici�l record for th�u mcetin�� is hercb� incorporated and ma�ie part of this Resolution. The record inclL�des. ��ith<�ut limitation. staff reports. e�hibits, minut��s. correspondence. and all comments and materials rtrei��cd at anv pliblic hearin��s: � � � WHEKEAS. at D�cember 9, 2019, hearin�, the Planning Commission maintained that a new variance application i� l�ot required to shift previously �pproved e�cess lot co�era��e to � new� al�ea_ unless the Desi��n Review Board determines that the pi�ior varia»ce lor e�cess lot coverage for a i�umber �a-as ti�d io a specific location; Tnu�n Covnci/Rc.soltui��t:'Vo. I U-?020 �I pri/ l. 20'l) Pu,�>e / o/�? WIIEREnS. the nei<Yhbor located ai 480 Ridge Road timely filed an appeal ol� the December 9. 2019. Plannin�� Comn�issio�� inteipi-etatioil determination to the Town Coiulcil: WNF,RFAS. after the appeal ��as �iled, but before the matter wZs put before ihe �I�own Council, To��-n Stati� located Tibtu�on Administrati��e Policy 2018-03 (Vai-iance and I�'loor Ar-ea Eaception Policy a»d Proccdurc). wl�ich indicates that tl�e past practices of tl�e To��-n have been to construe vai-iances nari-o��ly. and that f�or ]ot covel-a�e variances_ the location of t11e appro�ed impr-ovcmc�Its that accomp�n�ed tlie lot covcrage variance were intended to be linked: WH�REAS. on Marcl� 4_ 2020, the Towi� Cotmcil held a duly-noticed public hearing on the appeal on a de novu basis. durin� which testimony was heard and considered re�7arding tlie P1a�11�in�� Commission�s interpl-etation deter�i�ination of the Zoning Oi�c�inance that a ne�� variance application is not rec�uii-ed to sll�ft pl-eviously approved e�cess lot coverage to a ne�� area. unless the Design Revie�� Board pi-eviously determined that tl�e pi-ior variance ��as I�or a rn�mber tied to a specitic location; and WI IEREnS. at the conclLlsioil of the appeal he�ring, the `I�own Council voted 4-0 to direct staff to pr�pare a resolution grai�ting the appeal for the consideration of adoption at the neYt meeting. 7�11e Council detei-mi�led t11at the lot coverage variance applies to the in�pi-oveme»t that were subject to that variance and cailnot b� used for a reconfiguration of the already cxceedin� lot covera��e without obtaining a ncw variance. NOW. 7�fII�REI��ORE, BE IT RESOLVED that the foregoin� Recitals �re true and correct a�ld ai-� incorpol-ated 1lerein and form a part of this Resolution. BL I7� FUR"I�I-IER RESOLVED that the Town Council of the Town of Tiburon hei-eby �T�ants tl�c appeal of the Appellants a»d finds that a lot coverage var-iance applies to the improvements that ��re subject to that variance and n7ay not be used for a reconli��tn-ation of e�isting e�cess lot co��erage without obtaining a variance for the location of the proposed e�cess lot covera�e. PASSL:D AND ADOP"I,I:D at a regular meeting of tl�e To�vn Council on April 1. 2020. by the follo��in�:? vote: AYLS: COUNCILMI�MB�RS: Fredericics, Kulik. Thier. Welner N/1YS: C_'OI'NCILMEMBL;RS: None �1BSENI�: COUNCILMEMI�ERS: One Vacant Seat i ALICE FRED � CKS. A OR TOV�iN OF TIBURON A7��1�1=,5"1: ) W��%��,��'��r�� - --___- --- I I�A �I �� NI. �I�OWN C LERK To��rn��rmci/R�.ti�ulrrtini�,�`o. 10-�0?0 ��I/�rll 1, 2020 Pcrge 2 0��?