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HomeMy WebLinkAboutTC Res 2014-11-19RESOLUTION NO. 46-2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PARTIALLY GRANTING AN APPEAL BY DAVID AND CHARITO MITTELMAN OF THE APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW FOR CONSTRUCTION OF A FENCE FOR AN EXISTING SINGLE-FAMILY DWELLING ON PROPERTY LOCATED AT 515 HILARY DRIVE WHEREAS, on October 2, 2014, the Design Review Board held a public hearing to consider a Site Plan and Architectural Review application (Town File #714094) for the construction of a six foot high, 68 -foot long fence along the rear property line of an existing single-family lot located at 515 Hilary Drive, proposed by Rich and Christi McElreath ("Applicants"); and WHEREAS, at that hearing, the representative of the owners (David and Charito Mittelman, "Appellants") of the adjacent home to the north at 20 Rowley Circle, raised objections to the proposed project and asserted that the fence would block views of Sausalito and a portion of Richardson Bay and would give their rear yard a "walled -in" feeling; and WHEREAS, after receiving public testimony and reviewing all of the evidence in the record, including site visits, the Design Review Board found that the proposed six foot tall fence could potentially affect the Appellants' views even though the height would be similar to that of the existing landscaping. The Board also found that a five foot tall fence would not result in any substantive view blockage and would reasonably provide some measure of privacy for the Applicants. The Board voted (3-0), to conditionally approve the fence, with an additional condition of approval limiting the fence to a maximum height of five feet; and WHEREAS, on October 13, 2014, the Appellants filed a timely appeal of the Design Review Board's decision; and WHEREAS, on November 5, 2014, the Town Council held a duly -noticed hearing on the appeal, during which the Council held a de novo hearing, heard public testimony and considered all evidence in the record regarding the proposed project and the Design Review Board's review of the application; and WHEREAS, the Town Council determined that the Design Review Board appropriately applied the guiding principles for Site Plan and Architectural Review and the Hillside Design Guidelines in its review of the project; and WHEREAS, after hearing all testimony and reviewing all documents in the record, the Town Council determined that the five foot tall fence approved by the Design Review Board would not create an onerous visual appearance for the Appellants' property and represented a reasonable solution to the Applicants' privacy concerns. However, the Council determined that L the length of the proposed fence should be shortened by six feet, to 62 feet, to even better protect Appellants' views; and TIBURON TOWN COUNCIL RESOLUTION NO. 46 2014 NOVEMBER 19, 2014 WHEREAS, the Town Council also found that, as amended, the fence would be consistent with Municipal Code Section 16-52.020 (II), which establishes the guiding principles for Site Plan and Architectural Review. Without limiting the foregoing, the Town Council specifically found that the location of the proposed fence on the site is appropriate in relation to the location of improvements on adjoining sites, particularly with respect to view considerations. The approved fence, as amended, would not obstruct any protected views from the Appellants' property or significantly impair the light and air available to Appellants' property, as indicated by photographs of the location of the proposed fence taken both by the Appellants and Town Staff, and visual inspection of the site by members of the Council; and WHEREAS, the Town Council found that the fence as approved by the Design Review Board would be consistent with Municipal Code Section 16-30-.040(B)(2) regarding allowable fence heights; and WHEREAS, the Town Council voted 4-1 to direct Staff to prepare a resolution partially granting the appeal and adding a condition of approval to reduce the length of the fence as set forth in this Resolution; and WHEREAS, the Town Council finds that the project is exempt from requirements of the California Environmental Quality Act (CEQA) pursuant to section 15301(e) of the CEQA Guidelines in that the fence constitutes a minor accessory structure addition to an existing single family dwelling and no increase in floor area is proposed; and pursuant to section 15303(e) of the CEQA Guidelines in that the fence constitutes new construction of an accessory (appurtenant) structure on an already developed lot and no unusual environmental circumstances exist on the site and there is no reasonable possibility that the project will result in a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby partially grants the appeal of David and Charito Mittelman. BE IT FURTHER RESOLVED that the Town Council adds the following conditions of approval to those imposed by the Design Review Board: 8. The length of the fence shall be reduced to 62 feet, beginning at the northeast comer of the property. BE IT FURTHER RESOLVED that the final and consolidated conditions of approval are attached as Exhibit "A" hereto. PASSED AND ADOPTED at a regular meeting of the Town Council on November 19, 2014, by the following vote: AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini NAYS: COUNCILMEMBERS: None L TIBURON TOWN COUNCIL RESOLUTION NO. 46-2014 NOVEMBER 19,2014 ABSENT: COUNCILMEMBERS: None ze" - ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: i DIANE CRANE I COPI, TOWN CLERK Attachment: Exhibit "A" TIBURON TOWN COUNCIL RESOLUTION NO. 46-2014 NOVEMBER 19, 2014 EXHIBIT "A" FINAL CONDITIONS OF APPROVAL 515 HILARY DRIVE; FILE NO. 714094 This approval shall be used within three (3) years of the approval date, and shall become null and void unless a building permit has been issued. 2. Construction shall conform to the application and plans dated by the Town of Tiburon on August 28, 2014, as amended by these conditions of approval. Any modifications to the plans of August 28, 2014 must receive Design Review approval. 3. Project elements shown on construction drawings submitted to the Building Division for plan check shall be essentially identical to those project elements shown on drawings approved by the Design Review Board. The permit holder is responsible for clearly identifying on construction drawings any and all changes to project elements. Such changes must be clearly highlighted (with a "bubble" or "cloud") on the construction drawings. A list describing in detail all such changes shall be submitted and attached to the construction drawings, with a signature block to be signed by the Planning Division Staff member indicating whether these changes have been reviewed and are approved, or will require additional Design Review approval. All such changes that have not been explicitly approved by the Town are not "deemed approved" if not highlighted and listed on construction drawings. Construction of any such un- approved project elements is in violation of permit approvals and shall be subject to Stop Work Orders and removal. 4. If this approval is challenged by a third party, the property owner/applicant will be responsible for defending against this challenge. The property owner/applicant agrees to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney's fees that might result from the third party challenge. 5. A copy of the Planning Division's "Notice of Action" including the attached "Conditions of Approval" for this project shall be copied onto a plan sheet at the beginning of the plan set(s) submitted for building permits. 6. The applicant must meet all requirements of other agencies prior to the issuance of a building permit for this project. The fence is limited to the height of five feet. 8. The length of the fence shall be reduced to 62 feet, beginning at the northeast corner of the property. TIBURON TOWN COUNCIL RESOLUTION NO. 46-2014 NOVEMBER 19, 2014