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HomeMy WebLinkAboutTC Min 2007-04-18 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Gram called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, April 18, 2007, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLLCALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz Smith PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Planning Manager Watrous, Associate Planner Tyler, Director of Public Works/Town Engineer Nguyen, Director of Administrative Services Bigall, Chief of Police Cronin, Town Clerk Crane Iacopi ORAL COMMUNICATIONS '--- Town Historian Bran Fanning presented the Mayor with a copy of his recent book in the "Images of America" series, entitled "Angel Island." CONSENT CALENDAR 1. Building Permit Fee Waiver - Grant of request from Hilarita- Tiburon Ecumenical Association Board of Directors for Waiver of Building Permit Fee to construct a Maintenance Workshop at 100 Ned's Way (Town Clerk/Director of Community Development) 2. Marin County Grand Jury Report - Authorization of Town Response to Grand Jury Report on Hogtieing (Town Attorney) 3. Appeal of Action by Building Official- Adoption of Resolution Memorializing the Denial of an Appeal by Abraham Valentino of the Building Official's Imposition of Building Permit Time Extension Charges for a project at 121 Sugarloaf Drive; AP No. 058-313-03 Community Development Department) MOTION: Moved: Vote: To adopt consent calendar Item Nos. 1-3, as written. Fredericks, seconded by Berger AYES: Berger, Fredericks, Slavitz ABSENT: Smith Town Council Minutes # 08 -2007 April 18, 2007 Page 1 ABSTAIN: Gram PUBLIC HEARINGS 1. Proposed Amendments to Chapter 16 of Town Code (Zoning) - Consider Introduction and First Reading of Ordinance Amending Zoning Code - (Planning Manager) continuedfrom April 4, 2007 · Amendments to floor area ratio limit, lot coverage and building height requirements in the NC (Neighborhood Commercial) and VC (Village Commercial) zones to achieve consistency with the Downtown Element of the Tiburon General Plan · Amendment to building height measurement method regulations to clarify how building heights are measured · Amendment to Site Plan and Architectural Review requirements for skylights and re- roofs · Amendments to the definition of "basement" Planning Manager Watrous said that staffhad incorporated the comments and changes from the last Council meeting into the latest draft of the ordinance. Mayor Gram opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To read ordinance by title only. Slavitz, seconded by Fredericks AYES: Unanimous ABSENT: Smith MOTION: Moved: Vote: To pass first reading of the ordinance. Slavitz, seconded by Fredericks AYES: Berger, Fredericks, Gram, Slavitz ABSENT: Smith 2. Amendments to Hillside Guidelines - Consider Adoption of Resolution Amending Hillside Guidelines to Address the Concept of "Borrowed Views" - continuedfrom April 4,2007 (Panning Manager) Planning Manager Watrous said that the author of the Hillside Guidelines, Jim Malott, had prepared a new drawing to illustrate the concept of "borrowed views." Watrous said that the drawing was consistent with what had been discussed at the April 4 Council meeting, and that Council could either adopt the amendments with the new drawing, or remand it to the Design Review Board for review prior to adoption. Town Council Minutes # 08 -2007 April 18, 2007 Page 2 The Board then made that a condition of approval of the project, according to Watrous. Vice Mayor Slavitz asked if that meant that Staff would have the final say on the disposition of the fence. Mr. Watrous said that after discussing the matter with the applicants, it was Staff s intention to ask them to move the fence downslope in order to create more of a visual buffer, without "hemming in" the site. Vice Mayor Slavitz asked if that meant moving the fence 10 feet or 20 feet, or some other distance. Mr. Watrous said that he estimated it to move halfway between the property line and structures. Mayor Gram opened the public hearing. Lark Halpern, daughter of the appellant, asked Council to limit the "extravagant project" which would block the views from the first floor of their "modest-sized" home and intrude upon their privacy. She said that the applicants had asked for and received two variances for setbacks, as well as for excess lot coverage, while the home that she and her husband lived in was situated in the middle of their one-acre property. She said that the changes to the home that they have requested would have minimal impact on the applicants. Ms. Halpern said that she and her family spent 70% of their time in the [ first floor] family room and that they would lose their view of the Golden Gate Bridge if the project went forward as approved by the Design Review Board. She said that her husband would show the Council renderings of how this problem could be remedied. Ms. Halpern asked the Council to require the applicants to lower the roofline of the new house by at least a foot; also, to remove the skylights from the closet which would be visible from all of their west-facing windows. She also asked the Council to require some sort of barrier on the east side of the applicant's terrace to preserve their [Halpern's] privacy, and to use a "solid" floor on the terrace to mitigate noise concerns. Vice Mayor Gram asked if the photo presented by presented by Ms. Halpern was taken sitting down or standing up. Ms. Halpern said that it was taken sitting down in a chair in the family room. Catherine Halpern, appellant, said that she had been advised that the high roofline of the Quirk's new home would devalue her property; she said that she wished that the Council and Design Review Board would give more consideration to existing residents. She said that the idea of giving up a portion of their panoramic view was like making a "forced donation." Jerry ReYnolds, speaking in support of Mrs. Halpern, thanked the Council for reviewing the matter. He said that his main concern was the second story roof height and he showed overlays of the plans with one, two and three-foot reductions in the roofline. He said that the pitch of the roof would be reduced but that no other features would be changed by reducing the roof height. Town Council Minutes # 08 -2007 April 18, 2007 Page 4 Mayor Gram which amount of reduction he sought. Mr. Reynolds said that he was attempting to rebut the Quirk's architect's remark that a three-foot reduction would make the house look like a "tract" house. He said that "he could live with" a one-foot reduction; that it would provide some relief from the "billboard" in the foreground of their view. However, he 'said that their first choice would be to step the house up the hill and that through a progression of changes, they had settled on "something that seems reasonable and doable." However, he said that the Quirks had rejected this idea. In responding to his own question of why the Quirks would "owe them anything," Mr. Reynolds quoted from the Hillside Guidelines, Principle 7, page 35. He said that blocking their view of the Golden Gate Bridge was one to be avoided, per this principle. He said that the DRB had taken their panoramic view and had "parsed it." Mr. Reynolds said that if the Council granted the appeal, the interior walls of the Quirk home would remain the same; he said that the Quirk's master bedroom was not a primary living space while their family room was. He said that the applicants had gotten everything they asked for. Councilmember Fredericks asked what portion of the Golden Gate Bridge view would be lost. Mr. Reynolds clarified that they would like to keep the view of the water in front of the Bridge, and the Belvedere Lagoon. Ms. Fredericks asked whether the fence was a view concern. Mr. Reynolds replied that Ms. Hansen's letter addressed the issue of the fence's impact on their view but that in his mind, the problem was that the staff approval had little public review. Ms. Fredericks added that the DRB review had resolved that issue. Vice Mayor Slavitz asked when the fence was approved. Associate Planner Tyler replied that it was in May, 2005. Fani Hansen, second appellant, talked about how everyone in Tiburon loved and valued their views. But she also addressed the impact of the fence as a barrier in the "open" area onto which the backyards on Vistazo East backed up. She said that the neighbors in this area had purposely not built into that space and said that it was not only a view corridor but a "natural habitat" through which animals of all kinds passed. She said that there was no reason to install a fence in this corridor and that it should be preserved for future generations. In her powerpoint presentation, Ms. Hansen showed photos of views taken from the east (Reynolds ' home) and the west. She said that the fence "cut the water view" from her sister's home. Ms. Hansen also said that the approved plans called for a change in the detail of the fence in order to add solid wood. She wondered how this change could occur without review. Town Council Minutes # 08 -2007 April 18, 2007 Page 5 Angela Danadjieva agreed that reducing the roofline by one or two feet would be an "easy" solution to a "big" problem; she said that a realtor had told her that she would lose $1 million worth of views (from the fence). Mayor Gram closed the appeal hearing and brought the discussion back to the Council. Councilmember Fredericks said that she understood what the fence [ installation] meant to Ms. Danadjieva, in that she would no longer have an unobstructed view to the horizon. She agreed that it looked like it would be fairly easy to change; however, she said that even though the DRB approval called for a negotiation, that unless the applicants agreed, the Council was not empowered to require it. She said that the concept of nexus is not a relationship between what you want and what they are doing, but instead, it is a relationship between what the permit is asking for and what you are asking them to do. Fredericks said that she would support the DRB findings with regard to the roof terrace, as the risk of noise intrusion was outweighed by the lack of feasibility for an effective barrier. Councilmember Fredericks said that the Hillside Guidelines did not guarantee that all views from all rooms would be protected; she said that the DRB found the view blockage to be de minimus from the family room. Ms. Fredericks said that the lot coverage exception granted by the Board was also de minimus (.5%), and that the existing structure also encroached on the setbacks. She stated that the DRB had not abused their discretion, and she supported the Board's position and would deny the appeals. Finally, Councilmember Fredericks asked the applicant if he would be willing to work with Staff on the fence issue. Mr. Quirk answered affirmatively but wondered if Staff had "clear" direction. Planning Manager Watrous said that the DRB directed a "modification" of the fence. Vice Mayor Slavitz said that he had seen the view from the downstairs [family] room; he questioned the need for lowering the roofheight. He said that the house would block some water views, but the Hillside Guidelines state that that is not enough to require changes to the house design. He said that if the view from the upstairs of the Halpern home was impacted, the Council would have more reason to review that issue. With regard to the fence, Slavitz agreed that the meadow was beautiful and that perhaps the neighbors could talk about an easement. But he said that the applicant had followed the process to receive his permit and that the Council did not have any control over that now. He said that there was no nexus between the existing fence and the construction of the house. He said that the DRB had directed modifications to the fence to the extent the applicants would like to address the concerns of the neighbors. Finally, the Vice Mayor said that the DRB made the appropriate decision regarding the two by two closet skylights. He supported the DRB's decision. Town Council Minutes # 08 -2007 April 18, 2007 Page 9 Mayor Gram said that he was concerned about the fence; that it was "ugly" and that from the house above, it did impinge upon their view. He asked whether it could be moved downhill, or lowered to four or five feet, in order to get the top rail out of the view. Mr. Quirk proposed removing the top rail of the fence but to leave it at six-foot height for deer protection. Mayor Gram commented that deer got into his yard even with a six-foot fence. Councilmember Fredericks agreed that removing the top rail would help deal with the view issue. She also pointed out that the window through which the view from above was impinged was 22- inches wide. Vice Mayor Slavitz asked if the rail would be removed only in the back. Mr. Quirk said that he would remove it all the way around. Planning Manager Watrous said that this solution was consistent with the DRB condition of approval. Mayor Gram stated that the skylights would be tinted and not visible. He had not problem with the design of the terrace and guest house. He thought that a one foot reduction in roof height would not make much difference, as the Halpern's family room has an "incredible" panoramic view, and the side window is only 22 inches wide. MOTION: To direct staff to prepare resolutions denYing the appeals of Halpern and HansenlDanadjieva for Council approval. Slavitz, seconded by Fredericks AYES: Fredericks, Gram, Slavitz ABSENT: Smith RECUSED: Berger Moved: Vote: TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT None. WEEKLY DIGESTS · Town Council Weekly Digest - April 6, 2007 · Town Council Weekly Digest - April 13, 2007 Town Council Minutes # 08 -2007 April 18, 2007 Page 10 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Gram adjourned the meeting at 9:45 p.m., to the ne regu r meeting schedul d for May 2,2007. .;0 ATT1:71t~-P~~. DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 08 -2007 April 18, 2007 Page 11