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Home My WebLink AboutTC Agd Pkt 1997-08-20 TIBURON TOWN COUNCIL AGENDA REGULAR MEETING TOWN OF TIBURON 1505 TIBURON BLVD. MEETING DATE: MEETING TIME: CLOSED SESSION: INTERVIEWS: AUGUST 20, 1997 7:30 P.M. 7:15 P.M. 7:00 P.M. PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of view, members of the audience should: (1) Always Address the Chair; (2) Slate Name and Address; (3) Stale Views Succinctly; (4) Limit Presentations to 3 minutes; (5) Speak Directly into Microphone. A. INTERVIEWS 1) HERITAGE & ARTS COMMISSION - (Candidate Cynthia Marques) 2) LffiRARY AGENCY BOARD OF TRUSTEES - (Candidate Lynn Wellman Barr) B. ROLL CALL C. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) D. PUBLIC OUESTIONS AND COMMENTS Please confine your comments during this portion of the agenda to matlers not already on this agenda, other than items on the Consent Calendar. The public will be given an opportunity to speak on each agenda item at the time it is called Presentations are limited to three (3) minutes. },;falters requiring action will be referred to the appropriate Commission, Board, Committee or Staffforconsideration and/or placed on afwure meeting agenda. E. APPOINTMENTS TO BOARDS. COMMISSIONS OR COMMITTEES F. CONSENT CALENDAR The purpose of the Consent Calendar is to group items together which generally do not require discussion and which will probably be approved by one motion unless separate action is required on a particular item. Any member of the Town Councl/, Town Staff. or the Public may request removal of an item for discussion. 3) REQUEST TO JOIN AMICUS BRIEFS a) Green v. City of Los Angeles (2nd Appellate District); b) Sacramento Fire Protection District v. Sacramento County Assessment Appeals Board II, et al. (3rd Appellate District) - (Approve) 4) MONTHL Y POLICE STATISTICS - July, 1997 - (Accept) ~ G. PUBLIC HEARING 5) APPEAL OF DESIGN REVIEW BOARD DECISION APPROVING A VARIANCE FOR LOT COVERAGE AND SITE PLAN AND ARCHITECTURAL REVIEW FOR ADDITIONS TO A SINGLE FAMILY RESIDENCE@ 11 Reed Ranch Road, AP#34-243- 16: Dean & Debbie Lehr, Applicants; L. Didi Maillard, Appellant H. STAFF & TOWN MANAGER REPORTS 6) NEW TOWN HALL - Window Coverings - (Town Manager) I. ADJOURNMENT Future Aeenda /terns --Appeal of Planning ComImSSlOn DeCision denying Minor SubdiviSion No, 69702 at Shepherd of the Hills Lutheran Church, 9 Shepherd Way - (September 3) --1997-98 Town Budget Revisions - (September 3) --Downtown Task Force Report by Chair Terry Koenig - (September 3) DATE OF MEETING: AUGUST 20 1997 NO. 12-1997 DATE POSTED: AUGUST 15.1997 NOTICE OF STATUTORY AUTHORITY FOR HOLDING CLOSED MEETING OF THE TIBURON TOWN COUNCIL Pursuant to California Government Code Sections 54950 et seq" the Town Council will hold a Closed Session. More specific information regarding this meeting is indicated below: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9a) Name of Case: Lisa E. Kasselik, Mark K. Kasselik, Lee H. Carson, Deidra A. Carson, Barbara B. Harnev, Christopher 1. Harnev, Susan R. McOuaid and 1. Dennis McOuaid. Petitioners. vs. Citv of Tiburon and Tiburon Town Council and Does 1 throul!h 10. Respondents. Conf!ref!ation Kol Shofar Svnal!ol!ue. Real Partv in Interest (Marin County Superior Court No. Pending) ~ . .~ ~.... _.'_ _. _..L, .__..., ,....___.___....__ +_'-..~.....~,...~.....~._~.~....-"-'J_'.--.........."...~.,..~.<. ,....,........_.._~_,_ ,__..~~. ___..._.'_._.__. 11M. No. / (OJ ~ (~~ u w U;; lQ)' r"u Ij\\ U U ,'. A\Jb 1 ? ,~'c . '- 1....'1 August 6, 1997 -.-,,',,: ,\,'\;,',-'rn.,-' '--,C:-:( ,= llilJv,'j :'JL~~.dj-..uC~I.,:) \,..-1 .-, :.... TC'NN OF TiBURON TOWN OF TlBtJRON Please consider my attached application tor the Heritage and Arts Commission. As a resident of Tiburon, I have enjoyed working on other town projects, town picnic and opening of our new town ball. I would look forward to working with Vicky Arnett and her commission. Sincerely, ~- V\o.-~ Cindi ~Iarques / }ft;: !I ,e-, ( pUA TOWN OF TIBURON 1155 TIBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 435-7373 . FAX (415) 435-24311 COMMISSION, BOARD & COlVIMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committee throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both sides of this form and returning it to Town Hall. Copies will be fonvarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Robert L. Kleinert Town Manager * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (#1 Being the Greatest Interest) PLANNING PARKS & OPEN SPACE DESIGN REVIEW RECREA nON 'X HERITAGE & ARTS DISASTER PREPAREDNESS , BUDGET & FINANCE LIBRARY RECYCLING & WASTE MANAGEMENT DOWNTOWN REVIT ALlZA nON T ASK FORCE 1 ~ NAME: L", Y'\ \-1-,,-,,,_ ~ CI..:,C; ~ Q/J MAILING ADDRESS: b r;;~, t- \j i Q ,,. ) 11 ,) <L- TELEPHONE: Home:4,~ 'It ~.) Work:~S'I. 4-i..,4-h Fax No. <, 'XI . .:::;>30(." PROPERTY OWNERS' ASSOC. (Ifapplicable)~ V'\ /2. /.)... ';L":).j, s-r TIBURON RESIDENT: (Years) ",,~ DATE SUBMITTED: S ...)' ",",,- ~~ I - ;.:.:.:.:.;.;.:.; ~:;::~::::::::; ;';':'::::,:.-, .:.:.:.:.:.;.:.:. :;:,:::::::::~:: T c..^"'- \J~ '\1.0 \V"ohu......+o.-Q. \...... \......J '"'J"'I...j~ ( \....... ,J4...... u......, _ \L...\.\k_o:.:' " A...\...A-~ \. J - c:-,........,..",<<.~...,"'-"'.. ~ \..h.. _\... \ -Cc.. \ h, "~'"J <........s...w..., ho~C,_L ""~,,,^,,-L A..D'''C'^-.L.. ~~ :>"",,- cV'-J....-- ~ ~I;- p-v:>hcb..(' h, V,CC<...\ -"-O.'\dL~ \.-", '<j':--"-nV'..." .... i.V'd",,'v-~ 7~\..;:'i~~ l,I,~~~ , ::: ~ ..?....,\..".. .\4.... ~\J,:T\.< """'<....~,c_"'",_..., ~,,_ _,~___,<, {'_"~'''Q , . . \ I t>J-, '.' ~ \.. r. ~ J,..\..., c...-,""""..vv-".,~ . \,,,L,... r J' ~ii-, _ :::;;;::~;;;::;::::;;::;:: t~?\t.... }:-.-. ::':':':~':':':':':'-''':'. ~:~;t@}i:}::::;: :::.~~.-.."/ ;.:.;.:.;.:.} .:....-..-:-:,..~...... .;.;.;.;.>:< .-.... '.....'...-.,~: .. .;.:..,............:......,....................,.:,:-............:. ::::::.,:';::;::;::::::::,::::::::;::~:::::;:::::;::<.:.:.'..... >:::,,:..... t--", " M' _^ i... _ ') \ 1.l.o \....,"'...1 ,-~ >vi \, > S.., c , .. \-: <..,...,. \'V-.. ">--\ \- > T, 6..,~_ " L.'., , ,_ (..., "T~,,,- c...L..., 1-.,. r~ ~ 7 ,. 'v--...:! 0~ . " \_,J . _ '--n.lt....... " C', '-k.. \..,~ -', .,~ <\ ~I \r-' .~, ~ iY'-> ,,",_ ~~" '~..A...c....l__ ~L ' " J' " ^ \ (j - L " - ''"'''\L.ro ~ ~t- '- \-~...... \\<:.:-.~ (__. ~"'. _~;)""'''''~ 'Cr ":::)~'-- ~l.._<..-.. _~""""......j l _, \~I\ . :i!![j!i~jil~f~~~i:mjm~:j!I:~[:~iiIjI[j[![I]j!:~!~[j~:~:Ir~:Ii!!!t:I[~1:i!i!!~::~t?Ijf~jjF!::i::f~j;:r~f~!~~j~~:j~r~;:j~lfiJ{~~:::!~~~i~!~~:t!!~~!:r;:\:t\j::I:::t~i~l~jifr~[i """'.,...w"..,.,."..."iJlJR1!l!il(fJjfJJ!tJB~lfifUE1?1i_!ElalV&"",.." .1:1![I!i!lIli[llilli!i'!i;;II.I:iji;;III.~i1lYDi.j_.le.11illl[::;i~i!!!~liil ::;:t}~~:t:t:}~:~;:;:;.:.:<:'.:.::::::;:lt~~:~~ ............. '.','.". ::;::::::::::>:~::; ..........;:.;.:::;.:~:::::::::M:::::::.. ::i:::::::::::::::::;:::::: :;:nt:L;~:::::;:};f ::'::::::::::::::~r;:::::':':':'" :.:.;.:.:.:.:>,::;:-:.:.: {(;~ttt;:::::;:::': ;:::;:::::::::::::':::::\::f::.,...:':':"':;;';':':':'''':'' ...,. ...." .;.".'.:.:.:.:.~:.'.'.'." ,. :Jf~}mJt~tHt:: :~:t::?~t~:::::::f::::::':';::::':::'::-""'" ---------------------------------------------- Town Hall Use ------___________________________________________ _ Date Application Received: ? -/2... - 'j '7 Inter-view Date: _ Appointed to: (Commission, Board or Committee) (Date) _ Date Term Expires: Length of Term: jrn 12/95 2 # rleM i/f), "2... - TOWN OF TIBURON . ' <~~O> ".,.'" 1/-.0 ....0 _ Z I,,! ; , it l"~ . *' ~ /~u ~~~ ,,'" ""'A ,tl" ~ 1505 TIBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 435.7373 FAX (415) 435-2438 August 6, 1997 Mrs. Lynn Wellman Barr 4 Via Capistrano Tiburon, CA 94920 SUBJECT: TOWN COUNCIL INTERVIEW - LffiRARY AGENCY BOARD Dear Lynn: Thank you for your recent application to serve on the Belvedere/Tiburon Library Agency Board of Trustees. The Town Council has scheduled an interview for you prior to their next regular meeting on Wednesday, August 20,1997, The informal interview will last approximately 10 minutes, and will take place in the Council Chambers, 1505 Tiburon Boulevard. Please plan to be there at around 7:00 p.m. I will confirm with you a few days prior to the meeting, or feel free to contact me at 435-7377, Once again, thank you for your interest in serving the Belvedere/Tiburon communities Very truly yours, Diane L. Crane Town Clerk RLKJdlc cc: Town Manager Library Board President or ~O/\Jl \-)4 0'1' ./ '~/3'" ~~- .... = 41"40". ~O^ /, (;II. ....lj;!.. .r;.I.....;;;l ___..::..._c "'",;' , LJAhfA<- /::JU-r /0, ~_I;' . (JikfU ) TOWN OF TIBURON hi/W'- Ii!JOOl T'jI;JN 0;;- ;-: 3'..;;~:~~ ~AG~ al -. f c/7U- C 12M/ NI,.."-I. Carl:., c... ~ ( f 0 c- -hI: if'S-: -:;- 3 t 7- letj~ rDl r,= 0> r.= n"' '7'= r---. ,1\ 11=" '!~"\\!'/i""ID\ lil:i c= ':::& lO= ~ :!- '-'= lhJ) COMMISSION. BOARD & COJ\I:\lITTEE 'JUt 3 ' 19~ , " " - ~ ,1~-_,,' H~' nll..'.ON IQI.H...i'.-...ao . 711'1:Il:C,~ . CAL.:l'(iR~t... 9<14:1 . ,-'].:'\1 J,'\,.1)'iJ FAX '~151 ..;',24JI APPLICATION TOWN i,iANi\l;iIi:J1''3 O;;~iCE TOWN OF Ti8URON Tbe Town Council considen appoiDtlbeots to Its variOllS Town commissions, board. aad committeetbroughout the year due to term expi rations and unforeseen vacandes. In its ef'rort to broaden participation by local re~idents In Tiburon's local governmental process and activities, the Council needs to know your interest in sening the TowlI ill some capacity. Please indicate your speciftc areas of interest and special sldlls or ex pcrience which would be beneficial to the Town, b}' completing both sides of this form and retuTuiul it to Town Hall. Copies wUl be forwarded to the Town Council llnd informal appllcant/CouncU Interviews are scheduled periodically during the ~tlJr. Your appiicadon will also remain 00 tile at Town Hall for a period of one (I) )'ear, Tl\aDk you for YOUT willingness to serve the Tiburon community. ~ Robert . KJeinert Town Manager . * . . . . . . * . . . . . . . . . * . . . * . . . . * . * * * . $ . . . ~ * * . . ; . . ~ ~ ..,..... PLANNING PARKS & OPE:\; !;P\CE DESIG:'II REVlyW RECREA TlON "', HERITAGE ~ ARTS ............ DISASTER PREPAREDNESS '""\ BUOCET &i!INAI\CE ~ LIBRARY ) \ RECYCLING & WASTE V1AX.\G E'\Il ENT \,,_~Yhfl ?JeJlmthL &1-r / 7/301 / ~'-.- .... --~~--.'-----. ,..-..... - '"_____ _.,1- --- 1 -..... ..--.. - .. ltuJlnte Vour AroM(If) of in Numt:r+c.l Or-clllo: t_ ("1 r Creat...C lnterur) --, -. -' .. , , .,j , ,J... @,jfl2 ~II... ~ e'!31i:~S7 '.~':" ~:',4jj:'~39 70",1< c" -: BUpm, ?ilGE ~2 NAME; LIllfl Wt lltflQ.vl Am-- MAILING DDRESS: If Via C~i~.fra.n 0 -nblJ"tH1 t2A 9'1tJ;zn TELEPHONE: Home: .,tg-r-ft\'?1 'ork: : 9 Fa~ No. 4,gS- 3!!.5?' PROPERTY OWNERS' ASSOC. (1"ppUc,able) NO " TIBURON RESIDENT: ('{....,' ~-!a. '1~rs DATE SUBMITTED: :~[::l~:\~' ~~;~'~~}'t~~~~l'~?YJJ~:;~:,:t:~f:~t~;:;.t:~~'~~"~:;:~~~":~~;:': ~f.:' '0."':' ~p.L~",+<~... 1'~:~""~';:~~l~$~:~;~"~~:<':_"'W""'l:"" . -"i:<a- w' . '~..~~:~::;~-;~.. ":'\:;"i';~A;O::~'-i~::~ ~-:::'lT:~~'~'!'~,e~,' ~.~.~,~ :-/;~!:,; . ~}: : ~J .. /an""1f ~ (J'o):. ,. am' .,.,.7-icm, '-:-r Q a ~~ '~:J6~ 1nJJt . a",rri,;f:1::';cA / .~'7 beer. a. J/6/1)J1:f~~r Irl ./J,,p kt!d ..J. ~d Aa~ &i:';'f1 ~Q a;tr~t!. 1~ /,'brm-t'a '1' . Pt1tfJ1_ ~ . -rl'l_ I. 1011 ../-0 fJ" @rMf\t'<!.Yll'~, ftI~lf.;/ron:?.1':( a-bD//2. (6oc af"/:s ,-7<- . _, L J / -1fJ.~ o-r ~e.d SCJloa/ J./lJro;y VQ/tlJ1""e~L):I J1Glv'1! ~~;'?1%~~fYirfl'~~~fi'" ~,.;~~~ ~~Q"'~ 4:r ~_'t~; 'j~ R'?fr..".4{,i.Ol4.:fcdi'''~~ t, OJ- (I) A7/,. " bl,,,, S/!.ll.ook.:r a40 A....V(. bJ8;1'<1.H ~ ml1i-1Aj~~"'* e~f.4'"t'~7 ~~ 1J.)ot-&~f C1:6 W o-J ~ yaa~ "'* &.~-r;..vS+ Co. :r J..."IJ(. dt\ M.8.A. ~h\.... .-..---.-..:J.......---.. -....--------- ....._____.....___m....... ---......... - th.1"Vd.rd.. _DateAppllc.tlO<1R.cei....d: }- 3/-'11- Intenic....Dale: f.....Lc-'77-, Jfljv~:fl+y. _ Appoiltted to: \' ~ s. If. (Commission. Board or Conunittu) (O,HOI ~ TraM.. _Dllle;trmE~pll~I:_ LenglhorTe,'m: I Welleslsy. \to/~ Jm 121<;~ 2 ~ ~,JJ. 3a) SEYFARTH, SHAW, FAIRWEATHER & GERALDSu.N ATI'ORNEYS AT LAW 815 OONNlDCTICUT AVENUE. N.W. WASHINGTON. o.c... t~ ,............. FAX l80lU s-.6388 ONE CENTuRy PLAZA - SUITE 3300 2029 CENTuRy PARK EAsT Los ANGELES. CALIFORNIA 90067-3063 (3101 277-7200 FAX (31m 201-5219 900 THIRD A VENUE NEW YORK.. NY lOOD-471t8 (SUI 716-9000 VAX .tU.Iii' 7511-3116 WRlTER'S DIRECT DIAL 400 CAPrI'OL MALL. SUtTJlllJ860 SACRAWICNTO. CA lNI81...... IVlaJ44II-01Mt II'AX 18181 !l68-483fiI 700 LOUlSIANA 9'I'R&Je1' . 8UrMl: 9800 HousToN, TX 7'7OOII-1t731 '7131 .....:100 FAX 171S1 ....&MO ONE ATLANTIC CBNTICR . SUITE 3IMIO lli101 WESI' P&ACHTRItIt STREET ATLANTA. GA SO~ _.lNII-84Ut FAX IotOlI ns-70Ge !i6 &A8T MONROE 9'l'REIIoT . SUITB 4800 CHICAGO. n.. -- ~11~ 1311b Me.aOOO II'AXlSl"~ 101 CALII"ORNIA Wl'REB:T . SUITE lKlOO SAN Jl"IIANCl8CO. CA ""111-6l16li 1415139'7...113 FAX "U5':JW1..s649 (310) 201-5257 INTJI:RNATlONAL AVENUE LOUUJlC 500. BOiTE 8 1050 BRUS8JClA BELGIUM TELEPHONE 'SllJ lltl M7.8O.Jl& II'AX'381till840.7o.71 20703-14 August 6, 1997 To: California City Attorneys Re: Amicus Support in Green v. City of Los An!!eles Dear City Attorneys: The purpose of this correspondence is to request your joinder in an amicus brief which, at the request of the League of California Cities, is being authored by Melanie Poturica at the law firm of Liebert. Cassidy & Frierson in support of the City of Los Angeles ("City"). The City has appealed. to the Second District of the California Court of Appeals, a verdict and judicial ruling rendered in a case brought by a current member of the Los Angeles Police Department ("'Department'"). The plaintiff in the case applied to the Department's Air Support Division ('"ASD"') on numerous occasions for two positions (pilot and observer) between 1978 and 1993. Following his failure to gain appointment in 1993, Green (an African-American) sued the, Department alleging race discrimination on disparate treatment and impact theories. The following is a sketch ofthe issues for which your amicus support is requested: * Whether a discrimination plaintiff can "sit" on employment discrimination claims for a number of years, despite hislher awareness of the alleged discrimination, then sue an employer for discrimination for those violations based on a continuing violations theory (plaintiff testified he was aware of the discrimination since the late 70's). * Whether persons who do not meet the minimum qualifications for the position in question (or have not applied for the position when a proxy pool is used) may beincluded as members of a "relevant labor pool" for purposes of a disparate impact analysis. * Whether a multiplier of an attorneys' fees award was justified in this case. ~ SEYFARTH. SHAW. FAIRWEATHER & GERALDSON To: California City Attorneys August 6, 1997 Page 2 Continuinll: Violations Issue The court in trial and post-trial motions failed to throw out Green's pre 1993 claims--the only claims made in the limitations period. At trial Green testified that he believed the discrimination began in the late 70's. We argued, citing substantial federal case law, that he had an affirmative duty to make a claim within one year of the time that he became aware of the alleged discrimination. The Court initially agreed with our position but then changed its mind after plaintiffs counsel submitted an off point U.S. Supreme Court case dealing with the Fair Housing Act. Moreover, Green should also be estopped from making a continuing violations argument given the fact that the selection process was changed in 1987-89 and he does not allege that the process was discriminatory in those years. Relevant Proxv Labor Pool Green argued that the relevant proxy pool to use under the disparate impact theory was the number of all LAPD officers who held the rank of the officers eligible to apply to ASD. Our position was that the correct proxy pool were those officers who had the minimum qualifications for the positions (5 years' field experience plus a pilot's license for the pilot position) and had shown an interest in appointment to ASD by submitting an application. Again the judge, wrongly in our opinion, agreed with Green. Attorneys' Fees Multiplier The court gave plaintiff a 2.0 multiplier on attorneys' fees. The judge based his atlornevs' fees findings in part on the fact that the defendant is a public employer and thus there was a public interest value attached to the case. He further based the opinion on the fact that the litigation was "difficult... Our obvious position was that the litigation did not inure to the public's benefit simply because the City is a public employer. Clearly, adding a 2.0 multiplier to attorneys' fees in all discrimination cases involving public sector agencies is a daunting prospect and must be redressed. SEYFARTH, SHAW, FAIRWEATHER & GERALDSON To: California City Attorneys August 6, 1997 Page 3 The amicus brief will be supportive of the above issues. It is our hope that you will sign and return the enclosed consent form granting Liebert, Cassidy and Frierson permission to include your City as a signatory to the brief. Again, your assistance in this matter is greatly appreciated. Please sign and return the enclosed consent form to Melanie Poturica by September 22,1997. Sincerely, SEYFARTH, SHAW, FAIRWEATHER & GERALDS ON By W fJ11.LcJJl~ W. Michael Battle /WMB Enclosure cc: Fred Merkin (w/o encl.) Patricia Kinaga (w/o encl.) hl~~90~ I , ~ M, 36) . Matteoni Saxe & Nailda A W Y R 5 Kodak C~nrer 1740 Technolog)' Dril'l:' Suit.: 250 July 28, 1997 San]o,e. CA 95110 40S 441-i8CO FAX .fLl8 441-73('.2 Attn: city Attornev Re: Sacramento County Fire Protection District v. Sacramento County Assessment Appeals Board II, et al. (3rd Appellate District, Case No. 3 CIVIL C026451) Nannan E. :\1au<:oni Allan Robert Sax" Margam Ecker ,'\'anda Peg."l7)' \1. O'L.Hl~hlin JltdyC. Tsai Bnu/le;,' \i. Matt<.'oni Barwll G. Hechtman Dear City Attorney: I am writing to request your City's participation as amicus curiae in a brief this office is preparing in support of the Sacramento County Fire Protection District, Appellant in the above-referenced matter. The Legal Advocacy Committee of the League of California cities is urging that cities participate as amicus parties. The essential facts of the case are as follows. Aerojet-General Corporation, the Real Party in Interest, applied to the County Assessment Appeals Board for a reduction on the assessment of 29 parcels consisting of approximately 9,508 acres for the tax years 1988-89 to the present. The Assessment Appeals Board accepted a stipulation between the Assessor and Aerojet-General Corporation resulting in a reduction of assessments which required the Sacramento County Fire Protection District to refund $1,483,127.31. Refunds were also required of the other taxing agencies within the taxing areas involved. In total, Aerojet received refunds of approximately $5.5 million. The Fire District attempted, without success, to obtain an evidentiary hearing before the Assessment Appeals Board concerning whatever facts were relied upon between Aerojet and the Assessor in entering into the stipulation. The District then sought an alternative writ seeking to require the Assessment Appeals Board to conduct the evi- dentiary hearing. The Superior Court of Sacramento County ~ :\n A,;,).:!.",nn {".:I,d",!:" I'mt~'''l(,,,,,1 Corp . July 28, 1997 Page 2 sustained Aerojet's demurrer to the petition. The demurrer was sustained without leave to amend on the basis that the District lacked standing. As expressed in the ruling of the trial court: "Moreover, Petitioner is not charged with the duty to administer and enforce the law relating to property tax assessments, and thus does not have standing to assert that the law was not followed." In our view, the trial court decision is in direct conflict with Revenue & Taxation Code S1615, which establishes a six month limitations period for challenge by "any govern- mental officer, agency or entity" on filing an action seeking review of a decision of the assessment appeals board. In this case, the stipulation negotiated between Aerojet and the Assessor involved extremely subjective valua- tion opinions concerning the effect of contamination on value of the Aerojet real property. If this decision is not reversed on appeal, the only standing afforded cities will be on the sidelines as property owners and assessors conduct negotiations which can profoundly affect city revenues. If your city is willing please complete and return the facsimile no later than August 18, is: (408) 441-7302. to join as an amicus party, enclosed consent form by 1997. The facsimile number Thank you very much. Very truly yours, '1S"L ;fer-- ALLAN R. SAXE ARS:md enc. cc: Jo Anne Speers Brian Libow Martha Lofgren ; Tk.,. Ah~ 'I Police Department " .~, _..'oF 7-, V.i-~<t0'~ o 1> -~',~i",~.",~' ,[i,,' ,',~\ .('l,,'.......:l, .,' ,,.'0)- v. "- '," \;/."_ ,,,,e._":.,' :.....<0"7,..' ~...o:-o- : "":" ....'" I?NIA -\~v ,.. T . . TOWN OF TIBURON MEMORANDUM To: From: Subject: Date: Members of the Tiburon Town Council Peter G. Herley, Chief of Police Statistical Overview - July, 1997 August 14,1997 Attached is the monthly statistical overview of police activity for the month of July, 1997, comparative statistics for the statistics for the same month last year, and year-to-date comparisons from 1996. Also included is a brief summary of various interesting incidents requiring police action. E CHIEF OF POLICE ~ TIBURON POLICE DEPARTMENT MONTHLY RECAP JUL Y 1997 Officers were called to the creek area behind the Town of Tiburon Corporation Yard, where local youths had constructed a tree fort. The fort was built from materials stolen from the Reed School, the Belveron Tiburon Child care project, and the Corporation Yard. It was also learned the next day that several pieces of electronic equipment had been taken from the Corporation yard office. The case is under investigation. An alert Tiburon resident reported a suspicious phone call that she had received. A male caller called and told her she had just won the Publishers Clearinghouse Sweepstakes! She just had to send a cashiers check for $10,000.00 to cover the taxes, and the "prize patrol" would be by with her winnings! It was learned through our investigation that the suspects are in Canada, where telemarketing schemes are one of their main crime problems. Our case was forwarded on to the FBI, who has other victims that sent money. Officers and Fire personnel were called to assist a mother with two teenage boys who had ingested an unknown substance. The boys were almost comatose and both were transported to MGH for treatment of ingesting hallucinogen mushrooms. The matter has been referred to our Juvenile Officer for follow-up. Officers took a report of a computer theft on Roundhill Road. Unknown person(s) entered the resident's unlocked back door and took a laptop computer valued at over $2,000. A downtown merchant reported that shortly after three customers left, she noticed a very nice jacket that they had been admiring was missing. Several hours later, one of the women came back into the store and tried to exchange the stolen jacket for a larger size! Responding officers arrested the woman and she was taken to jail. It was later learned that she had not been responsible for the theft, but was exchanging the jacket for her employer. After interviewing the employer, she admitted taking the coat. This case has been sent to the District Attorney's office. A report was taken for Grand Theft on Esperanza. A room mate reported that when her room mate moved out, she took with her over $12,000.00 worth of clothes belonging to the reporting party. This case is still being investigated. A resident on Ridge Road reported that someone shot a BB gun through three plate glass windows, causing $1600.00 worth of damage. An unidentified male caller told dispatch that a bomb would go off in 45 minutes in the Tiburon Police building. The building was searched and evacuated, but no device was found. Coincidentally, this occurred just after Police had stopped traffic for several minutes as the new modular units for the child care center were backed into the property. (There were several very upset commuters!) , A business downtown reported three stolen checks, The checks were cashed in the Bay area. This case is still under investigation. The loss is $7500.00. Residents reported a gunshot on the 2000 block of Paradise Drive. Officers responded to the area, and set up a perimeter. They located and arrested the responsible person, who had fired a handgun off his back deck. He was intoxicated and upset over some business matters. He was booked for negligent discharge of a weapon. A neighbor called police when she saw a suspicious man enter a neighbor's backyard on Karen Way. Officers located a homeless man enjoying a picnic lunch. He was setting up camp in a neighbors backyard. He was escorted out of the neighborhood. An Officer noticed an able bodied man run up to a car with a handicap placard on the dashboard. The officer questioned him about it, and subsequently cited him for misuse of the placard which belonged to his disabled sister. The minimum fine for this type of violation is $500.00. A commercial burglary occurred downtown when unknown suspect(s) cut the screen and made entry to a local bar. Twenty three bottles of alcohol were taken. An officer stopped a vehicle for a seriously bald tire violation. A subsequent warrant check located a no-bail theft warrant for the driver. The subject was transported and booked into jail. Belvedere Police Department had some vandalism (spray paint tagging) last month that was strikingly similar to reports of vandalism that have occurred in our jurisdiction in the last two years. A joint investigation was started which led to the identification of one of our most prolific "taggers". A report has gone to the District Attorneys office requesting seven counts of vandalism which will close many of our outstanding cases. Prepared by 5g!. Judd , Tiburon Police Department Comparative Statistics July 1996 - July 1997 JJli lJB. 2Utl! llitd J1l.6.. J1Jl .llitl! llitJI Part I Crimes 10 II 96 76 ARRESTS Part II Crimes ..l?. ..1i l18.. ill. TOTAL 39 36 314 258 Adult - Felony 2 I 7 15 Adult - Misdemeanor 15 7 103 66 Part I - Cleared I 2 25 30 Juvenile - Felony I 0 3 8 Part II - Cleared ..1R. ..1i ll8.. Jl4. Juvenile - Misdemeanor -2. -9.. J.L ..lL TOTAL 21 27 163 164 TOTAL 18 8 126 100 Drunk Driving Arrests 3 28 19 CRIMES AGAINST PERSONS 18 20 TRAffiC COLLISIONS Assault 2 2 Robbery 0 0 I 0 Injury 2 0 8 6 Rape 0 0 I 0 Non-Injury 1. ~ 3L ..l!. Homicide ...t. ...t. ...t. ...t. TOTAL 9 3 45 30 TOTAL 2 2 20 20 CITATIONS ISSUED Moving 73 79 840 470 (RIMES AGAINST p8.Q~Em Parking .ill.. ML llli.. li3i TOTAL 481 540 3659 3008 8urglary - Residential I 0 8 6 8urglary - Commercial 0 3 3 8 AGlVITY 8urglary - All Other .l ...t. ..i.. -L TOTAL I 3 17 15 Calls for Service 511 463 3381 3057 Theft - From Auto 0 0 14 4 PROPERTY Theft - Grand 4 4 17 17 Theft - Petty 3 2 27 20 Property Stolen 20,574 10,062 81,355 72,097 Theft - GT A ...t. ...t. ...2... -2... Property Recovered 0 0 8,145 9,709 TOTAL 7 6 58 41 , TOWN OF TIBURON MEMORANDUM Police Department To: From: Subject: Date: Lieutenant Tom Aiello Sergeant David M. Hutton July 1997 Assist Outside Agency Statistics August 1, 1997 _!_- .~ _ OF TIO,~ '"S~"" "'-\> 70~.",,,,, 0,_ !i-- ',.r' ......., I .,. ',;:"'~ . " . -I I l ''\, . ,.i' t'o':;,.)" ~ li'NIA \~ . , . The following is an account of the Assist Outside Agency Statistics for our Department for the month ofJuly 1997, as requested by the Town Council. 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LtJ~ ~;z.~:J Q.. .A' CO ~- .....,.....1- 0"""( ( ( EXHIBIT 2 / Hank Bruce Architects 23 B Main Street Tiburon, CA 94920 Telephone 415 435-9118 August 14,1997 1ri~~a:nn:[D TOWN OF T1BURON AUG 1 5 1997 Members, Town Council Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 DEPARTMENT OF COMMUNiTY l"\C\lr:1 OPMENT Re: Proposed Improvements to the Dean and Debbie Lehr Residence at 11 Reed'Ranch Road; appeal of ORB approval of June 19, 1997 by Didi Maillard Dear Council Members: Design Review approval was received by the applicants for their proposed improvements to their newly-purchased residence after months of intensive effort, including: . prior to purchase, discussions with neighbors, including the appellant, in which the planned living room and second floor addition were mentioned without receiving negative response . development of alternative designs to determine the optimum approach for both client and neighborhood . purposely early installation of story poles so as to accurately establish the parameters of the proposed design for visual review by both applicant and neighbors @ earliest possible date · Many discussions and much correspondence with concerned neighbors...modification of story poles and design QIiQ.i to initial submittal in mitigation of neighbor concerns · two ORB meetings with the time intervals between devoted to additional design studies, additional meetings with concerned neighbors and their professional representatives and further revisions of the story poles. Although it was a lengthy and sometimes painful process, the above review of this application demonstrates fulfillment of the ordinances and design review requirements of the Town of Tiburon. Applicants and concerned neighbors participated, gave input, and had that input considered in the public forum twice. In due consideration of the mass of input over this time in relation to Town requirements and physical impact upon the site, the board unanimously approved the application. It is my observation based upon more than 20 years of experience in Tiburon as a practicing architect, and more than 3 years as a member of the ORB, that the review process is essentially a conduit for compromise in the face of conflict. This conflict is best resolved if the participants exercise a degree of EXHIBIT NO. ~ / "reasonableness" (Le., compromise). Throughout the history of this application the lehrs have continually cooperated to mitigate neighbor concerns short of totally sacrificing their own goals. The fact that the initial concerns of Jacqueline Annes have been settled illustrates this fact. We have not had similar success with Didi Maillard. Why? Perhaps it is because the spirit of "reasonableness" (compromise) is not present; perhaps it is because fact and fiction are blurred in the thoughts and communications of the appellant and supporters. To illustrate this thought, an analysis of the Maillard "Grounds for Appeal" and the supporting letter of Alan Perper and Janet Raiches is appropriate: A. Grounds for Appeal: Maillard paragraph #1: a. As already mentioned, the ORB demonstrated intensive consideration of neighbor concerns. b. Mention is made of the "precedent setting nature" of this application: the only "precedent" set and/or maintained in this process is that each project is reviewed and evaluated on an individual basis in relation to the ordinances, guidelines, and particular setting. The Reedlands is full of two-story dwellings. Neither the original CC&R's, nor the current Town regulations prohibit the proposed construction. c. In my already mentioned Tiburon experience, I have rarely seen a more benign view infringement. Many, many examples of much greater view blockages which have received approval over the years abound in the Town files. Essentially, no significant view, intrusion will occur. Maillard paragraph #2: a. loss of privacy is mentioned, even though that concern has been investigated and graphically proven in public session not to exist. Maillard paragraph #3: a. In recent discussions, the lehrs have agreed to move the chimney to the east wall of the living room where it will not be prominent in the view corridor. The retention of a wood-burning fireplace is, however, important to the lehrs and to the very nature of the living room as a gathering space for the family and friends. b. The lehrs have agreed not to exceed the height of the present ridge, as requested by DidL ~ Maillard paragraph #4: a. Agreement has been reached regarding the configuration of the kitchen skylight. Maillard paragraph #5: a. The Lehrs have already stated their willingness to work with both Didi and Jackie regarding the type and placement of the proposed trees. B. Alan Perper and Janet Raiche letter of July 27, 1997: a. This letter makes several references to the loss of privacy. As previously stated, it is already a matter of public record that this will not occur. They even suggest that the Lehrs can view Oidi's house from the bedroom balcony (on the opposite side of the house). This is not physically possible! b. The "precedent" issue is again raised.. In fact, the precedent of two-story houses in the Reedlands is already well established. In fact, the only fear regarding "precedent" is to insure that the careful analysis by the ORB shown in this instance regarding conformance with ordinances and guidelines be continued on a case-by-case basis. The real "precedent" in this case is that our proposals follow and conform with the precedents of design review considerations established over a period of approximately 20 years within our Town. c. The approved second story addition is directly in line with numerous similar approvals throughout Tiburon. The addition will not obstruct views; will n.Qt impinge upon privacy; is set against the hill and backdrop of trees; will match the existing wood exterior siding and existing roof slope; darkened, natural colors are proposed; and, will be detailed to integrate fully with the existing structure. Overhangs, trellises, and planters are additional design tools being utilized to harmonize the addition. It is important to note that the appeal and the typical support letters rely on inaccuracies and emotional content in contrast to the established Town procedures in these matters. It is important to note that we have rigorously followed those procedures in receiving our approval! As indicated by the above discussion, the council should deny the appeal based upon its basic lack of merit and veracity as well as the fact that the proposal conforms in all respect to Town regulation and precedents. Having said all of this about the history of the existing application, we request that the council consider the following events which transpired over last weekend: / Didi Maillard hired Jim Malott to assist her in this matter. They proposed for the Lehr's consideration an agreement regarding view blockage mitigations which, if mutually agreeable, would terminate the appeal procedure. I have attached a copy of that proposed agreement. As you can see, the Lehrs accepted seven of the nine items again attesting to their remarkable spirit of cooperation throughout this long process. Item #3, a proposed retractable chimney flue, is not acceptable because such an item does not exist. The Lehrs do not wish to be pioneers in this field. We have, however, agreed to move the fireplace to the east wall thereby removing the flue form the major view corridor. Item #7 is not acceptable because it is inappropriate in the context of this proposal and because it would establish unusual requirements for the Lehrs into the future. When all is said and done, this appeal has moved forward. to the point of a public hearing because of the lack of agreement on one "12" diameter painted metal flue set to the side of the view corridor 9" higher than the existing ridge line. This is unreasonable! In spite of the failure to achieve final closure due to the chimney, the Lehrs are still agreeable to the other mitigations. Plans indicating these changes are attached to th is letter. We request support of the ORB approval by the council, modified as necessary by the above enclosures. We believe it to be highly justified. Sincerely, ~.c. Bruce, Jr., AlA cc: Dean and Debbie Lehr / 08/13/1'3'37 07: 24 415-474-0831 CAI'iTERBURY HOTEL \.) HAttK" re\li,l1'd~W(~i utler' 1i~17~O'^' CL v'1 p(u&1.i, ,2.) ~I I)', M"'+ s-13 '^ OfT tJ :1, PAGE 02 'I fc;v r: !It' I' ~llOlution of Deaign/View/Prlvacy I8$UC8 Bst:wee:n . , 11 ~ Ranch Road (Lehr) an! 13 Reed Ranch Ro<<d (Maillard) I ' . I ~ RB3AAOIm VISW-~ MITIGM'rCNS m BE ~a< iIi' M\1UlS) PLANS 'Is'{ HIM IatR. S AAOilTl!:Cr MR.. H. BROC!: ~ 01-. 1. 'l\ttn Ridao of Liv:l.ng Racm ~O ~ (to N-S) the:reby!' . \..-..( rcaovim hose effect of vi_ blc:x:kbge ana ret'l.lr11in3 57>, of .^( W' water view to 1.~ ~ Reux:ll RIlud. 1rldae. remaina at:. . ~ . (),:\'f{fr" '~i~t. ~ ~ )vC Ou . 2. Relocate Living Roan Fireplace to end wall facing strMt " ~O -do. I I .... eaGtendl " 1h\ .~~ ( " , . : V f>v.. 3 '~~"',Q1.. ~~'" "'~~~,'1:ti9{,'~ ;~-~~'P2I1l\f:~~f :, f\Ix"'" _,. T~.to~~~"'Miii'oo.:::in:Use. ; ., we (1-1 ". Relocate HMt:er SUite 8 it ~ to 12 feet \~ 11 to an1, \ eOO of bed:roon wing therebY~~V:t'eW...... . W!tIi - ~11 I HI ~, and topogu~ fOr 113, neetlini1 ~8.OQ in' 'I'! \J .,L;(;1- ..,..... ait.. I' p~ ",.:. ~ t:.b6 ekylight tmnitor ~ the kitchen by . . \ c,. \ ma1nt&in1.ng t:lle counter root glc.pe o~ oky1J.ght but c:ruy ! ; , L.~-rl1 the Gkyligflt area, rot: ~ c:ounter-9lOpe to nd;j!. :: ,\'J . ~ select a paint oolor for the walJJ, of the residence that i~ i " ~"/)'-";p& 7GO, or daDc:er' gmy ta bleat with the 80,:,,90\ grtty tooe <?t ,; : ~t- ~/(.) =zgl~ trees, Oll"'l>ic hwn color prapceed 1.&. . x, ';l'reee ~ 11.1-,~ i~tant. !01::. BC% ~ mine' #13 frail , t...' . ~~~~r<cw u. 1.6 l3C'...'h"'.1dgt: ~. ,,-- t%ee8 ~n Ii. ~. ~ an' ~O{UiatEl, h<:',-gt..." for8C.Ll--t1'lq'1t.l3'.or j replaced as X'IeqI'; _ to ndnt:ain scr-nirq for '1~. :,' rJ'- e. Roof 00101" (OK as per Al!ple aOOwn 8-11-97) We agree to the abovem: Mr.. Dean I.el1r ~ Hr8. ~l.e Lellr Ollte i' _,,] , Ij ~ " ' ;1 I / EXHIBIT 3 ~ ~ .:/ Alan Perper and Janet Raiche 17 Reed Ranch Road Tiburon. Ca 04020 @~ ,..-'.,.,~- ':'" ,,: ,,\" 0, " 'e"', ''! '=L ',' ') I ., -.,"~-~' -..J' Ill) _.-. ~.. ,. ~\-~ ;; IU U ~C' -- ,." r, ~ 1'.;. J\JL ,;) II" Attn: Tiburon Town Council .,-~~ OF"ICE TO\l'4 N r'ilhl'i.-.\Jt.n :J. . . -'~I oliN Reed Ranch R6&dvnl OF : iD_I, ,U . July 27, 1907 RE: II We are writing in support of our neighbor"s appeal against the decisions rendered at the July 17th meeting in regard to II Reed Ranch Road, We are particularly objecting to the approved second story addition. During that meeting. the Design Review Comminee stated that its mission was to preserve the views of the cit)., and the water. The second story addition Jnd balcony do not affect such for Ms. Nlaillard or ourselves (who live twO hOllses up). but it does greatly affect her privacy and overall visual impact. It also does so to a moderate degree for ourselves. It was our understanding upon reading the Building Guidelines ofTiburon that privacy and overall visual impact are also (Q be considered by Design Review. As nared by the architect in Ms. Maillard's lener of July 17th to Design Review. "the north elevation of the addition is within 78 feet of the south elevation of 13 Reed Ranch Road. and the top of the roof is at the height of 13 Reed Ranch Road facia. while the top of the chimney is higher than the Maillard's roof. The patio south is within 55 feet of the II Reed Ranch bedroom suite north elevation and at the same height. Clearly the above is a privacy issue and sets a precedent that is non-existent in the neighborhood. As we have stated ill previous leners and at the recent meeting. there Jre other options that would solve this problem. The Lehrs could build all!. instead of lip. They have adequate lot space (Q do 50. and their architect's response that they can not do so because of the hill does not speak well for his skills. Marin is a hillside community. The Reedlands is a hillside community. and the building of the Reedland's infO the hills was accomplished some 50 years ago. in order to protect the views and privacy of each propert:'. Rootlines are not supposed to be the same height. Houses are not supposed to be so close. A second stor:' addition sets a poor precedenr. What will Design Review do when Ms. Maillard wishes to regain her view. privacy and property- value. and build up onto her home. thus greatly affecting our view and privacy: How can her request be denied. ifLehrs' isn't. Will we then be driven to do the same: When and where will Design Review stop: Why not right now. before this wave gets started. The Jpproved deck artached to the bedroom is an additional insult to the privacy issue. Besides questioning the need for a balcony to J bedroom. it gives greater opportunity for privacy to be encroached. Given the height of the second stor: addition. \--Is. Maillard will be eye level \vith the Lehr's balcony from all rooms of her home and oU(side areas. Furthermore. the second story addition is simply downright ugly given its size and position. creating a barnlike structure. The claim that it is nestled into trees is ajoke. Mr. Lehr has already cut trees near his home and explained such Jction at a community meo;;:tin as due to his aversion and fear for trees close to his home. As for the trees and shrubs that Desi!ln Reviev." wishes Mr. Lehr to planl for screening purposes. will Design Re....ie\... come back on In annual basis to insure that they ar; alive ::md serving their intended purpose: It is bad enough that :\-15. Maillard is being forced to have her waterview impacted by the approved raised rootline on the main structure of II Reed RJnch. This is a view that she has had since buying the home several decades ago and a vie\\o that she paid tor. Please reconsider the second story addition. It would completel~y alter iVls. Maillard's overall view and privac)'. decrease her property value. and change the design of the neighborhood. There are other options that would satisty all parties concerned. Thank you. Sincerely. ~--"" ~ ,,/ _~7 ~ \ '~ ?~~~" C,,;I--, REC;:.,.,BJ '';;.~" TOWN O;:n::J;-;.,.~ jUL :, 0 199/ O[?ARiM=:NT OF COMMUNITY OEVELOPMENJ. -.EXHIBIT NO. ~ "--" Alan Perper and Janet Raiche -:;;. ~ ~IF',~:::::"'':'', 71':'~ !'_J, ::=S;~J '~I G~'''I )" I~, , U 'i 1'- I..:. '\:1:" ....,... A\;tJ ... 4 lr:: REC~~l"':::'--~ _,o.'!:!U .} l:....'~ TOWN OF T,'':', '.' I , ._\v~ ,\.,;,\1 (} ? -I Q""N "A^ '\l,' '~"C:'O::: OFFICIO ,,:;1 ;'.[r"lI~r~~"'L' '..J - TOWN CF TIBl.!RON AUG 8 1997 DEPARTMENT OF COMMUNITY DEVELOPMENT August 2. 1997 TO: TIBUaON TOWN COUNCIL FROM: Ruth Carlson 38 Terrace Court Tiburon SUBJ: Proposed additions to 11 Reed Ra~ch Roed After attendin~ the two Desi~n Review Board meetings on the above ;ddition/remod~l epplication, I want to reiterate to the Council my opposition to this Droposal. I feel the Desi~n Review Board did not ~ive adequate consideration or attention to the conce~ns of the many Reedlands homeowners who were present et the meetings and who hed serious questions about this project. I am strongly opposed to a second story edd- ition--not only because it is so out of character with the neighborhood and impinges on both '!iews end privecy-- but it sets a precedent for future additions of this kind. I sincerely hope the Counc~l will understa~d these concerns and deny the application as it now sta~ds . (V2-t ~ ~ ~ Todd Werby 200 Diviso Tiburon, CA 94920 415/435-2236 ~t:cfIVEOJ TOWN OF Tl8URON AUG 1 4 1997 DEPARTMENT OF COMMUNITY ni=\fI=IOPMENT (FmL~ ~@[f)W Via Fax - (415)43!l-2438 August 13, 1997 Town of Tiburon Town Council 1505 1'iburon Boulevard Tiburon, CA 94920 Re: Appeal of De.lgn Review Board'. Approval OfIl1Iprovomeutl Propo,ed At 11 Reed Ranch Road Dw CoulICil Members: I am writing on beh&lf of the Lehr's application for approval of proposed improvements to their home. The Desian Review Board met twice to consider this project. The record shows that the Lehr's followed the procedures sugaested by the town and made many, many changes in their design to mitigate the concerns of their neighbors. The Design Review Board took the appellant' 5 remaining concerns into account, and still voted unanimously to approve the project. The appellants raise no issues to justifY their request that you overturn the decision of the Design Review Board, Despite the petition which the appellants have produced. there is no issue concerning the construction oca second story. Many (if not most) of the homes in the Reedlands, including both of the lAhr', immediate neighbors (including the appellant), have se<:ond stories. The "view intrusion" cited by the appellant. is a view from the kitchen: not, as stated, a "prime viewing area". Despite the fact that they already obtained Design Review Board approval, the Lehr's have agreed to several additional compromises suggested by the appellant which would further reduce any alleged view blockage, These compromises include (1) changing the roof ridge 90", (2) / AullUst 13, 1997 Page 2 relocation of the Muter Suite, (3) reduction of a skylight monitor over kitchen. (4) approval of the paint color and roof color, and (5) relocation of the livina room firepl~ so that the chimney ",ill no longer impact any oflhe water view of the appellant. Still, that is not sufficient. The appellant apparently wants to further insist on permanent control over the Lehr' s landscaping as well as inata1lation of a retractable chimney which simply does not exist. Enough is enoush, We should all be very respectfW of each other's views on a hillside community. But where the record il as clear III this one, it is just as clear that in this case the appellants are simply overreaching and intapable of reasonable compromise. The Lehr's have been respectfW of the Desiill Review proc:ellS. The appellants have not. It is time to give the Lehr's approval to proceed with their project, I urge you to reject this appeal. i:;;;~ <.,:- Todd Weroy 111 TW:bml / EXHIBIT 4 CONDDnONSOFAPPROVAL 11 REED RANCH ROAD FILE #297012 1. These approvals (Variance and Site Plan and Architectural Review) shall be used within two (2) years of the approval date, and shall become null and void unless a building pennit has been issued or an extension granted. 2. The development of this project shall conform with the application received 5/6/97 by the Town ofTiburon and with plans revised 7/1/97 prepared by Hank Bruce Architects (4 sheets), and the landscape plan revised 7/3/97 prepared by Ralph Alexander & Associates ( 1 sheet), as amended by these conditions of approval. 3. The applicant must meet all requirements of other agencies prior to the issuance of a building pennit for this project. 4. All skylights shall be bronzed or tinted and no lights shall be placed in the wells. 5. All exterior lighting fixtures must be down-light type fixtures. 6. The proposed stucco exterior for the addition is not approved; the exterior surface of the residence shall be wood siding, with the final siding to be reviewed and approved by the Administrative Panel. 7. Placement of the living room chimney shall be resolved in a way that does not block the view of the water from the property at 13 Reed Ranch Road from primary living areas; this can be accomplished either by relocating the fireplace, choosing a different type of fireplace, or by eliminating the fireplace altogether. The chimney solution shall be subject to review and approval by the Administrative Panel. 8. That a different type of tree be substituted for the Mrican Sumac at the right side of the property such that the view from 13 Reed Ranch Road will not be blocked. The final tree species selection shall be reviewed and approved by the Administrative Panel. 9. That the conditions in the letter dated July 17, 1997 from Jessup Associates addressing concerns ofJackie Annes are included as part of this approval, as follows: a. An oak tree 15-20 feet in height shall be planted in front of the guest room window at 11 Reed Ranch Road to provide privacy to the patio and breakfast area of9 Reed Ranch Road from the proposed master bedroom balcony of 11 Reed Ranch Road. b. The proposed mater bedroom balcony handrail will be constructed as a solid screening element, not as a glass or other type of see-through railing. P. lof2 EXHIBIT NO. 1 c. Landscape lighting and lights on the residence at 11 Reed Ranch Road shall be subdued and shielded from the residence at 9 Reed Ranch Road. d. Extensive planting shall be maintained along the edge of the patio at 11 Reed Ranch Road and in the stepped retaining wall. This landscaping shall be maintained at 4-6 feet in height to provide privacy to 9 Reed Ranch Road. e. A retaining wall at the base of 11 Reed Ranch Road will be constructed for the purpose of preventing earth movement onto property at 9 Reed Ranch Road during and after construction. f. A visual barrier (fence or planting) shall be constructed at 11 Reed Ranch Road to assure privacy to the bathroom window at 9 Reed Ranch Road, unless the owner of9 Reed Ranch Road deems it unnecessary in writing to the Town prior to final sign-off of completion by the Building Official. g. Straw bales, fencing, or other protective devices shall be installed prior to and throughout construction along the property line between 9 Reed Ranch Road and 11 Reed Ranch Road to prevent sloughing of soil. As approved by Design Review Board on 7/17/97 P. 20f2 - iue~~ il~ ~8llll. Ol6l>6 v') 'NO~n91l '! ~t ' tIt ~ 4t re8tOYO'IoIOJI\QlJ. :t:l-1.': : .~ ~ t ~ ~ : IMIMtIll'niCZ avo~ H,)NV1I a33~ II :'i "e. J<OOl . 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'i ,II Pill hh p:ljIH!!I! ill! h I !l i Ill! I ! i II I! I II i,!lll : III i Ii hi i II! Ii Ill! i !l !p Iliill i ;itiIHI:I t I H it Ii I III I llil. i! h .Ii ,d i h III III III dill ~' ~l :: : ~. ~ ! : ~ ~ d . L " . . ~ ~. ~ ~ ___ 2 ~ :!:! Iii :;;.$l EXHIBIT 5 ~ fFllfL~ ~@f?JW ~ TOWN OF TIBURON STAFF REpORT TO: DESIGN REVIEW BOARD AGENDA NO.: FROM: scon ANDERSON, PLANNING DIRECTO~ SUBJECT: 11 REED RANCH ROAD; FILE # 297012 SITE PLAN AND ARl.:.HlIECTURAL REVIEW FOR ADDmONS TO A SINGLE FAMILY RESIDENCE; VARIANCE TO ExPAND NON- CONFORNITNGLOTCOVERAGE DATE: JUNE 18, 1997 APPLICANT - HANK BRUCE ARl.:.Hll'ECTS PROPERTY OWNERS - DEAN AND DEBBIE LEHR PROJECT DATA: ADDRESS: ASSESSOR'S PARCEL: FILE NUMBER: LOT SIZE: ZONING: SUBDIVISION: GENERAL PLAN: FLOOD ZONE: DATE COMPLETE: CEQA EXEMPTION: P. S. A. DEADLINE: 11 Reed Ranch Road 034-243-16 297012 14,226 square feet RO-2 Lot 10, Reedlands Unit I M (Medium Density Residential) C (outside 100 year flood) June 5, 1997 June 5, 1997 August 4, 1997 BACKGROUND AND PROPERTY SETITNG The subject property is located in the Reedlands Unit 1 subdivision, which was subdivided in unincorporated Marin County, prior to the incorporation ofTiburon in 1964. The lot was riburon Design Review Boord Stoff Report June 18, 1997 1 EXHIBIT NO. .s ~ __"._____n.___._...M___..~ .,..___.__.._......_ ~~---_...._--_. ,.-.-'---' ,..------.- constructed upon in the 1950's under county zoning regulations which are different than those which now apply to the property. At the time of construction of the residence, the required side yard setback was 10 feet and the minimum lot size was 10,000 square feet. The Town's current RO-2 zoning requires 15 foot side yard setbacks and a 20,000 square foot minimum lot area. The existing residence, along with many others in the Reedlands Unit 1 subdivision, is therefore technically non-conforming with respect to current zoning standards, including lot area, yard setbacks, and lot coverage. PROPOSAL: The applicant is requesting Site Plan and Architectural Review approval for the construction of first and second floor additions totaling 1,188 square feet to a single family residence. A variance is required for increasing the lot coverage from 21.7% to 22.5% in lieu of the maximum 15% permitted in the RO-2 zone. Proposed additions include an approximately 600 sq. ft. second story master bedroom suitelbathroom with balcony; an approximately 400 sq. ft. ground floor living room; and an approximately 350 sq. ft. ground floor gallery and entry. Some existing storage buildings in the proposed living room area would be removed. Also, an existing two-car carport would be enclosed to form a two-car garage. The net total square footage of additions is 1,188 sq. ft. Please refer to the drawings revised June 5, 1997, prepared by Hank Bruce Architects (4 sheets). Story poles have been erected to depict elements of the additions. ANALYSIS: Zoning A review of the proposal in relation to development standards of the RO-2 zone is as follows: Zoning Standards: Required: Existing: Proposed: Front Yard Setback 30 feet 30 feet 30 feet N Side Yard Setback 15 feet 11.5 feet 11.5 feet S Side Yard Setback 15 feet 9 feet 17 feet Rear Yard Setback 25 feet 35 feet 35 feet Lot Coverage 15% 21. 7% 22.5% Lot Area 20,000 14,226 14,226 Height ofDweIling 30' max. 13' 21' FAR Guideliue 3,423 sq. ft. 2,058 sq. ft. 3,231 sq. ft. Tihuron Design Review Board StaffRepOrl June 18, 1997 2 , Color and material samples have been submitted, and will be present at the meeting for Board review. The exterior wood siding would be a medium tone brown; exterior stucco a cream color, and roofing a dark gray composition shingle. Comment Letters Staffhas received five letters from surrounding neighbors or their representatives expressing their concern or objection to the project as proposed. These letters are: 1. Letter from Didi Maillard, 13 Reed Ranch Road, attached as Exhibit 3. This letter opposes the project based on view blockage, loss of privacy, devaluation of property, and the precedent of approving a second story addition. Photos are attached. 2. Letter from John Maillard on behalf ofDidi Maillard, attached as Exhibit 4. This letter provides additional information and support to the letter from Mrs. Maillard above. Photos are attached. 3. Letter from Marilyn Kew, 46 Lower North Terrace, attached as Exhibit 5. This letter opposes the precedent-setting nature of allowing a second story addition in the Reedlands neighborhood. 4. Letter from Robert Ross, 16 Reed Ranch Road, attached as Exhibit 6. This letter is in support of the letter from Mrs. Maillard and opposes the enlargement of the home, the variance, the loss of view and privacy, and the precedent-setting nature of the second story addition. 5. Letter from Mrs. George Annes, 9 Reed Ranch Road, attached as Exhibit 7. This letter cites concerns about mass, loss of openness, and loss of privacy. Photos are attached. Design Issues From the standpoint of the internal workings of the residence at the subject property, the proposed additions make sense and provide a larger and more functional home for a growing family. The most controversial aspect of the project is the second story master bedroom. However, unlike some Tiburon neighborhoods, the Reedlands Unit 1 subdivision does appear to be a mix of one and two-story homes where a partial second floor is not dramatically out of place. Tiburon Design Review Board Staff Report June 18, 1997 3 ~ It is obvious that some thought went into the location of the second story addition, which is pushed back toward the hill to avoid view blockage. Also, the ground floor addition is no higher from grade than the adjacent existing portion of the house. Staff sees the primary design issues as follows: . View blockage of a portion of the Richardson Bay water view from the western portion of the residence at 13 Reed Ranch Road. Discussion: Staff visited the home at 13 Reed Ranch Road and viewed the story poles from all rooms and the outdoor terrace. Photographs submitted by the owner (in Exhibit 3) appear to accurately depict water view blockage which would occur from various sitting positions inside the home and on the terrace. Photographs submitted with the letter from John Maillard (in Exhibit 4) depict an earlier and higher set of story poles for the living room addition, and no longer accurately portray water view blockage resulting from the living room ai:ldition. The water view blockage is not enormous as a percentage of the entire view available, but this is a situation where the project would create an unobstructed view of Richardson Bay and San Francisco for the applicant at the partial expense of the same view belonging to the upslope neighbor. Staff discussed with the project architect the possibility of using a flat roof to further reduce the height of the living room addition. The response was that the view blockage was minimal; a flat roof would gain very little reduction in height and would be architecturally incongruous with the remainder of the house. The Board should determine whether the extent of the water view blockage warrants any modifications to the proposed living room addition. Mitigation techniques other than switching to a flat roof are probably available. . Potential privacy intrusion of the master bedroom addition to the eastern portion of the home at 13 Reed Ranch Road. Discussion: The windows of the east elevation of the second story master bedroom addition could lead to loss of privacy to all rooms in the eastern half of the residence at 13 Reed Ranch Road. The project architect has indicated that privacy issues will be addressed through design modifications to be presented at the meeting, including elimination of a window, raising of windows above eye level, etcetera. Staffis of the opinion that the loss of privacy issue can be successfully addressed without any major modifications to the placement or function of the master bedroom addition, and looks forward to reviewing the project architect's modifications. At the meeting, the Board should consider whether the proposed modifications adequately resolve loss of privacy issues. . Privacy intrusion upon the rear yard and portions of the residence at 9 Reed Ranch Road. Discussion: Staff visited the residence at 9 Reed Ranch Road and viewed the story poles from all affected roolUS and the rear yard. The main concerns expressed by the owner were loss of privacy in the rear yard and breakfast nook from the proposed master bedroom addition; loss of privacy in Tiburon Design Review Board Staff Report June 18, 1997 4 ~ the bathroom from the proposed living room addition; and light intrusion into the bedroom from the living room addition. There is currently almost total privacy between the homes, and any of the proposed additions will change that situation. Staff is of the opinion that while improved landscaping and window covers could off-set some of these changes, there will an overall reduction in privacy between the homes. The Board should determine whether the extent of the loss of privacy is significant enough to warrant mitigation. There appears to be adequate room for both properties to install screening landscaping to address the living room addition; the height of the master bedroom addition makes it less amenable to quick screening. Coverage Variance A variance is required to expand the non-confonnity in lot coverage from 21.7% to 22.5%. The coverage variance being requested amounts to a total of 105 sq. ft., or less than a one percent in total coverage on the site. As noted above, coverage limits under the original county zoning were higher than the 15% coverage limits imposed by Tiburon when it iilcorporated. It appears that the original house as constructed exceeded the current 15% coverage limit. Lot coverage and other variances are very common in the Reedland subdivision; it appears that a vast majority oflots in that subdivision have received variances over the years because of the substantial differences between original county zoning standards and Town ofTiburon standards. For example, variances have been received by lots at 9, 16, 18,20,31,33,34,35,37,38,39,41,42, 43,44,46, 48, 49, and 50 Reed Ranch Road, just to list a few. Given that the lot is undersized, the magnitude of the variance is small, and the long-established precedent of variances in this neighborhood, staff concludes that the variance request can be supported. The Board should adopt by reference the following findings pursuant to Section 4.03.05 of the Tiburon Zoning Ordinance: 1. Special circumstances are applicable to the property in that the lot is substandard in area because it was subdivided under other regulations than those which currently apply. The home as originally constructed would exceed current lot coverage standards. Numerous other properties in this zone and vicinity have received variances based on these circumstances. 2. Approval of the variance would not constitute a grant of special privilege in that numerous other properties in the same zone and vicinity, suffering the same handicaps, have received variances based on similar circumstances. 3. Strict application of the ordinance would allow no ground floor expansion of any kind, no matter how small. There is no evidence that the hardship is self-created since the property already exceeded the lot coverage limit at the time of the purchase due to the difference between county and Town standards. 4. The granting of this variance will not be detrimental to other property in the vicinity in that the proposed addition is a logical extension of the existing home, respects required yard Tiburon Design Review Board Staff Report June 18, 1997 5 f setback distances, and is of a minor amount (less than 1%). Environmental Status This proposal is exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15301 of the CEQA Guidelines. RECOMMENDA nON: That the Board consider the extent of the water view blockage from 13 Reed Ranch Road which would be created by the project, and determine whether modifications to the project are warranted. That the Board direct the applicant to address loss of privacy concerns raised by residents at 9 and 13 Reed Ranch Road. That the Board grant the lot coverage variance based upon findings made previously in this report. EXHIBITS: 1. Draft conditions of approval. 2. Applications received May 6, 1997. 3. Letter (with photos) dated June 6, 1997 from Didi Maillard (13 Reed Ranch Road). 4. Letter (with photos) dated May 29, 1997 from John Maillard. 5. Letter dated June 8, 1997 from MarllynKew (46 Lower North Terrace). 6. Letter dated June 9, 1997 from Robert Ross (16 Reed Ranch Road). 7. Letter (with photos) dated June 12, 1997 from Mrs. George Annes, 9 Reed Ranch Road. Tihuron Design Review Board Staff Report June 18,1997 6 ~ ~ CONDmONSOF r\,\ IP) ~, ~l? bI ,Fli U U ovit --~ 11 REED RANCH ROAD FILE #297012 1. These approvals (Variance and Site Plan and Architectural Review) shall be used within two (2) years of the approval date, and shall become null and void unless a building pennit has been issued or an extension granted. 2. The development of this project shall conform with the application received 5/6/97 by the Town ofTiburon and with plans revised 6/5/97 prepared by Hank Bruce Architects (4 sheets), as amended by these conditions of approval. ' 3. The applicant must meet all requirements of other agencies prior to the issuance of a building pennit for this project. 4. All skylights shall be bronzed or tinted and no lights shall be placed in the wells. 5. All exterior lighting fixtures must be down-light type fixtures. 6. A landscaping plan to promote privacy screening for the benefit of the residence at 9 Reed Ranch Road shall be submitted for review and approval by Planning Department Staff. EXHIBIT NO.~_ , , _ __....~ ~~"""_h-"'-" ___ ______ _ __._ -----" --.:.r.:.:~;....:;;:,l_-.:.......,,c:..",~:i-.._~:'....,~-' - ...-- ~~._--_...-- ~-----_-:: '- BOARD OF ADJUSTME:'ITS A.'ffi DESIGN REVIEW TOWN OF TIBURON 1155 TIBURON BLVD., TIBURON, CA 94920 (415) 435-'13'77 }, ~R STAFF USE DATE RECEIVED: RECEIVED BY: FEES RECEIVE RECEIPT NO: CASE NO.: <;/ft:>/11 APPLICATION FOR DESIGN REVIEW <' . I l,~a ,.. O..-A" _ ,;;)970/ ..;:J...; &/5111- SITEillDRESS:-LL~~() f.,A,,~11: MAP "\~Rt"1\L r-A ) . Please illdiClte with an asterisk (*) persons to whom correspondena: shonld be sent. OWNER OF PROPERTY: O~N 1-~ Le-H~ PHONE: 4--15' A-i~ ,cp.,?'?:, MAILING ADDRESS: '7&:,G) :9..tn"E:.F- ~re\) SAN ft2A~~I")J44. 4~-<.M-11 APPLlCANT:Jl:A~\<. ~c.e A:~1tm:=-t";r$ PHONE:~55 4119.! (Other Than Owi1er ADDRESS: 2.7 6 f'v\A1N <51 !IN ~N ) 9~~ ARCHITECT: DESIGNER; ENGINEER: r\A N~ ~IV~ ) A'iU'..+t\TeL.-K PHONE:~;'6" 4119':> ADDRESS: '23-B MAlN ~ TIfl,D'fON 4'\ -414-2-0 ) PARCEL NO.: 034- ~~ -\& ZONlNG:-----l'O - '2. BRIEF DESCRIPTION OF PROPOSED PROJECT: =I~~~ ~~ ~AJj~ . 0 ~A2-- ~ ~t;f' ~ J IN6:>I.-fi' s-r~ _t..A:T'F:. 'F1'f"11'0> PpMF., . I, the undersigned owner (or authorized agent) of the property herein described, hereby make appliction for design review of the plans suhmitted and made a part of this appliction ill accordance with the provisions of the Town Ordinance and I hereby certify that the inCormation given is true and correct to the best of my knowledge and belief. MM 6 ]C'7 ._v I)fjbiL~ (Signature~, . s/z/qq- . '(Date) ... " l EXHIBIT NO.~ / / ~l~fre provide the f lowing information: 1. BrieT"Y, reason for proposed project: -E~tr)~ AOt:>ril(?N.oF A It L\\)l NU ~ AN'D -To T\1e ~~/ ~1tF- ~M -St~nE.. 1':Jl2.W V\~l ~ ~ ENif-Al-J. c::8. 2. Lot area in square feet: ~~ 3. Proposed use of site: Existinq Proposed 61~ F.AMl LY fCS'OF-N.,d::; ~MJ!:;. 4. Individual and total square feet of living areas and accessory buildings. Existing Proposed 5. Percentage of total site to be covered by: ON GRADE BUILDING: Existinq ProDosed I~,S% . 14..:.J% . PARKING: Existing Proposed -;-,1t' /0 / 3:~% OTHER PAVED AREAS (ACCESS TO PARK.ING, TURNAROUNDS, .ETC.) Existina Proposed 1.4-~o . (.{,c/a LANDSCAPING: Existing Proposed 1 I.=? '"')0 . I~.I ok " 6. Buildin~ height and number of stories: Existinq Proposed DNr_ ~~ _I'^IO-5r~ L f'A1c:nl!d.- J . , ~ ~ page 2 '--~----------' ----- --- .- --~- -- -'--'~-'--'._-'--~---~-----""'~--~-" -~---~-- ----'-'-~--'-~._----- --~ 7. ~umDer or ott-s~r~et park~ng spaces: COVERED Existinq Proposed TvVO TWo -~---.. OPEN Existina Proposed ~"t)f;N.\1 AI..-- cJ:. ~-ra-Y) C.;t...- '9r~"t") (- 7..- S'T' OIZ'( ). ( -:z. ~TOJ<:'() 9. Project scheduling and phasing: e;':::":'U.J t"./\N~~~~ IN "JI!L-Y /141 ) Co,l..i:?t..F..1"6 t"'J")I'<$TfUOT10Nf l,'tN 1<rr8 10. If residential: total number of living units 8 . Surrounding land use: North South " East " .- West II ""''-1 J'I':. range of sale prices or rents 11. If commercial or industrial: net rentable floor area number of occupants estimated employment per shift 12. If applicable, describe provisions for: water service --11}.A."\JD fire protection C-l'\Y storm drainage ~l~ sewage disposal CJrr'( other utilities _P&~e 13. Any other pertinent information: (attach' additional sheets if necessary) , :.;i~~.:-; .,,,. :-" '. '.-.--.. F F page 3 - ._~~-,. "-'-., - . .-..... " "-'~..'~;':~:' -.......u'-'. . ...::,:~-~,,-~-,_...... "~~--': -. '~ :. ( COXPLZ~3 ~ 7OLLOWI~a PRCJ3C= CA~A LIB~: ~~--'--_.._----.... ( ~~-....-s_ TO 3~ COMP~Z~~n 3Y ~PPL:CANT Ull PROPOSED ADDI~IOH AND/OR ALr3RA~IOH E:XIB~INa II PROPOSED 'I'OTAL ACtU4~ I R.qui:_d I sq. ~:. I I l_ -P- I '". I f:. I f". I I I sq. '". . sq. ft. sq. t't.. I Parcel Area (Sec. 10.201ll )~.'t.1 I ~Z.UR I Yards I I (Sec. 10.202) "'~NT" :::;0 __ ----~~~~----------------- ~3 ft. I .~ 6 ft.1 1"'1' eo q.,..~ 11 . 2:> f~1 I 13 PT I Ho. or Owelli~g Units Parcel Area/~Jellinq N/>- Height (Sec. 10.203) 7C:> ~~ 1\.51 I .., . "5' u>.oPr ~~. f~. Right Side ft. t.c!<: Side .~ ... 3uildinq C~ve=aqe (Sec. 10.203) .30''i~ 1.05 ------------------------- Area C.::Jvered sq. ft4 Sq.ft4 Il~Sq.ft. II I II I 1+Z1LP II 1~>li I \1.5 ft. II I \1$ ft. II 1~,op(11 /' "'!-' ~t.. rt. ft. ?J117 sq. ~t.. sq. ft. Percent of Parcel 1.1:1 t H/>- 2 'Z.. S t t t Floor Area 1/e6> Z:>~ (Sec. 10.203) ~5e -----------------------~- Net Floor Area sq. ft. sq.~":.. sq. f':.. sq. ft. sq. rt. , Floor Area Ratio J.f. '% Hi" ?-:t-., % (F,\;l) ?a::-kinq Sp4.ces (Sec. 10.210) ------------------------- HU::.ber PrOVided ~ IP~2..21 ~ Oi~ensions of Spaces ~ J~'k1' 1':.\-. II '14nn:n'1' '>'pplie. No.: 70a 8~Al'7 tlSll Ony Plan Check No.: ------- . ----------------------~-----------~----------------------------- ---------- ~ ~ Bld'1'. Pe~ie No.: --- --_._ '__4 __< -----"''----- ~~~ .~.--,. TOWN OF TI BURON COMMUNITY DEVELOPMENT DEPARTMENT STATEMENT OF COMPLIANCE WITH RECORDED COVENANTS, CONDITIONS, AND RESTRICTIONS AND OTHER DOCUMENTS PURPOSE M~ny properties in the Town of Tiburon are affected by Covenants, Conditions, and Restrictions (CC&R's) or by other ieco~ded documents which limit various aspects of a property's use or appearance. This form is designed to ensure that applicants are awar~ of any CC&R's or other documents recorded against their property, and that they have reviewed these documents for conformity prior to the submittal of entitlement applications to the Town of Tiburon. This procedure is intended for the benefit and protection of both the property owner and the Town of Tiburon. I, ~_&i~_____________ (owner or authorized agent) do hereby affirm tha t I or the plan preparer (architect, engineer, building designer, etc.) have read any and all Covenants, Conditions, and Restrictions (CC~R'S) and other documents recorded against my property which could affect this application and that the prepared plans conform to said CC&R's and documents. ' I further acknowledge that if the Town af Tiburon is not a party to the CC&R's or other documents, it is not responsible for any failure on my part or on the part of my plan preparer to ensure that submitted plans conform to provisions of the CC&R's or other documents. I, _~~~~________ do hereby affirm that there (owner. or authorized agent) are no CC&R's or other documents recorded against my property which may conflict with submitted plans. ------------------------------------------------------------ Staff Use Only Project Address:___________________________ EAR File No.:______________________________ Date Received:____________________~_______~ Received Ey:________________________~______ (OVER PLEASE> , / / . . , ~-:.--,- NOTE: IF THERE IS A HOMEOWNER'S OR PROPERTY OWNER'S GROUP ASSOCIATED WITH THE SUBJECT PROPERTY, PLEASE COMPLETE THE FOLLOWING: Name 07 Homeowner's Association (if any): --~~J(~:J--L~~-~~------------------------------_. Association contact person and phone number: :X-~_C:~~______________ I, 1J!!i!::&j~~_________ ) ;2m-€-~).------- hereby affirm that I am not (owner or authorized agent) required to secure approval from a Homeowner's or property owner's group for the, project for which I am applying to the Town. I, ____________________________ hereby affirm that I have (owner or authorized agent) secured the required approval from a Homeowner's or property owner's group for the project for which I am applying to the Town. Signature of owner or agent: ------------------------------ Date: CC&R's.frm 5/10/89 / / ., , . ...-- . < ~ .... TOWN OF TIBURON [I" TlBURON BOULEVARD. TIBURON . CALIFOR:-f(A ')4920 . (41S) 4l5-T373 :A~4.~;,L.B~Z4Ja 6 ilPPUCATION FJR VARIANCE For Staff Use MAY b 1.~: T Date: Rec. by: I I I ~- Fee: App. fI Rec't. ~ APPUCANT REQUIRED INFORL\-fATION 1. Assessors Parcel No(s). 0 ~ ~ ~.- ( U Existing Zoning_fa'-2- 2. property's Address---1\ "K.r.e-o ~AN{--'rT ~D 3. Pro~erty Owner a) Name 'D6'IN ~~E:,l~ I .P.}.\~ Ph0r.e 43? 4 1J.:e.... b) Address 1 '5iO SlJ~ "'5~~ ~1\?"\:~4Ia4-4+1' , ~ 4. Applic:mt (if cfuTerent than owner) a) Name bB~~ ~rJ; ) ~~hone -~::; '9 I ~ b) Address ~-?, 'B tv\A1N Sf' J (18 '-FOr-{ 44==111) 5. Name of Project (if applicable) 6. Property size: -H1.% :;. F 7. Type of use proposed (office; residentiaJ. etc.) -.?-~rosrrn A1 / . 8. Square footage of each use or number of units if residential: '3~~J 7,F , , 9. Purpose of application (brief statement of what you want to accomplish) ~, 1't'J c~)fTE ~ ~e'N ~~ ,.a'i1-l;G~~ ,AN.= AOO A- L1Vl~c Fo~){""A-u.-~'fZ..'Y AAD~'H:.~ ~O\IF.,I~ ~,t;TINtP f-l=~NcF;. 15 5~ ~O IN ~'R'.D~ ~ ANl::' t)f'~'N~. TO ~~r~~N-ffe~ --rrte. t-.el~H~tta:P 10M~~ ~iifv- )I. Owner ' Applic:mt (Note: If applic:mt signs, an authonz:ltion signed by the owner must be att:lc~cd..) ~ ~ , .>- WHAT VARDNCES ARE YOU REQUESTDlG? Condition Front Yard Rear Yard Left Side Yard Right Side Yard Lot Coverage Height Area Per unit Requirements Usable Open Space Sign Requirements Parking Expand Nonconformity Ordinance Recruirement ~ Other (Please describe) : Your Application ~ _-....---r,. variance Recruested ta5SF,~~ APPLICATION FOR VARIANCE F F T~N OF TI BURON 5/24/91 2 Findings in support of a variance for the property at 11 Reed Ranch Road, Tiburon: ~~'--... 1. The site is in a zoning district with a minimum lot size of 20,000 S.F. which would allow a lot coverage of 3000 S.F. The existing residence which was built in the late fifties and has not been upgraded since, has a coverage of 3092 SF We are requesting an additional 105 S.F. of coverage. The present residence has a floor area of 1760 S.F. Zoning allows for 3423 SF, however to achieve this, all space would have to be added to the second story. This would be detrimental to the neighbors above the property to the north. 2. The home will be consistent with the neighborhood in character and value of improvement including the second story addition which is the present standard of the neighborhood. The impact of that addition is minimized by placing it to the rear uphill portion of the site and should not restrict views presently enjoyed by the adjacent properties. This property is in a sub- standard status within this community. 3. Strict application of the zoning ordinance would allow for a coverage of 2134 S.F. The present residence covers 3092 S.F. Portions of the existing home, including overhangs are being removed to mitigate the impact of the addition. The present residence could be doubled in floor area by adding to the second story but this would be difficult and create a greater apparent mass. 4. Granting of this variance will enhance the value of properties in this neighborhood because the entire home will be upgraded to a standard consistent with the adjacent properties and the surrounding community, Views, privacy and general massing will be harmonious with the other property in the vicinity, , ~ ~ ----. 13 Reed Ranch Road Tiburon, CA 94920 APN 34-243-28 (415) 383-0702 .:"'-:---, ~~-~ _.c;' .. _o;::~ June 6, 1997 ': 1';':,:/ Town of Tiburon Office of Design Review 1505 Tiburon Blvd. Tiburon, CA 94920 Attn: Mr. Scott Anderson, Planning Director Re: Proposed additions/remodel at 11 Reed Ranch Road, Assessor's Parcel No. 34-243-16. ':! ::.: ::~L::::::'1 ,'- This is my formal request to be put on record as opposing the proposed additions/remodeling of the residence at 11 Reed Ranch Road. My home, which is uphill, next door at 13 Reed Ranch Road, where I have lived for for more than 25 years, would be severely affected in a negative way by the proposed alterations and remodeling. The views fran every major roam and patio would be adversely ilIlpacted and there would be a p=found loss of privacy. The new neighbors will be expanding and gaining an unobstructed view at the expense of mine. Althouah revised plans were provided to me today, they are not acceptatle. To be specific- 1) a raised r=f and two of the three chirrm.eys will be directly in the middle of my view from my living r=m, dining areas and patio as well as obstructing the view from the other living spaces. 2) the actual view of the bay will be significantly reduced due to an increase in the r=f area of a~pproximately 4 feet in height and 15 feet in length. 3) as the windows of the proposed upper story l=k directly into my bedroom, guest r=m, of ice and dining area, my privacy would be severely diminished. 4) in addition to the significant financial devaluation of my property,my quality of life will be adversely affected by the loss of privacy and depletion of view. EXHIBIT NO, 3 / / ~ '-:,;4" ~;<--:;..;.;-;;.;.';:,.~ <~-":':~;-'_;~;' ~~.'s~-t.!;,,'':;;., -' ~.._'~ .."'l~~~;:;L":;, ...,-,;.--.c'"..'.......-<( '.,. ..,._, .~. .:.0.--__".... 2 .=--~--""" When the 13 Reed Ranch Road property became available in 1974, my husband and I immediately purchased it strictly for the excellent view. When the homes were built in this neighborhood about twenty-five (25) years ago the lots were graded and the homes built in a mamler to enhance, protect and ensure maximum views and privacy. Furthermore, utility lines were put underground for the same reasons. I, along with many of my neighbors, are concerned that the addition of a second floor at 11 Reed Ranch Road will set a precedent for further additions in the neighborhood which would further irrpact other views and privacy. Enclosed is a copy of a letter and pictures (of original story poles) ~repared by John Maillard, CSI which address the issues along wlth his estimate of the effect on the property value of my home. I am retired and this home is my major asset, the devaluation of which would pose severe financial hardship. Also enclosed are photos of the revised story poles. It is my sincere hope that the Design Review Board will recognize my concerns and deny the request for these proposed alteratio~~. Some suggestions have been offered, i.e, a flat roof instead of a peaked roof, building out instead of up, electric fireplace, etc. I realize the Ler.r' s want to irrprove the property and hopefully there can be an equitable solution, but please, not at my expense. I would appreciate a visit to my home at 13 Reed Ranch Road by the members of the Design Review Board to view the "story poles" prior to the June 19th meeting. A visit to my home will have much more irrpact that anything I could write In a letter. I request that you contact me at 383-0702 as soon as possible to schedule a visit. Sincerely, . C' J Afl~ ~-?G/'~ L. Didi Maillard. Enclosures cc:w/o encls Reedlands Board of Directors ~ -,,_.;..:.J...?'""'''"',.;;.:..I ~-' - 0101 MAILLARD :ffI4u:'~j //" , . . '1',.-....-.. . -",/- / ht 7 ,- --'"' r~ ,; /f I/.J-c. d t/fft7 , I /d'~/~J ....: -73' ,...-/ _ ~ I /l-j 7' ~~ Jo <> J': 1 ,,'7:: s- '" ~ -= ~ f~ c Q::'. '.../1 u:: :n <;;: ...:;:, -<; ,>I :; ~ FroyY'o ~ I' 1''1 J s, tl" "'J Rc.i.!I ,cd. ~ Fn:.V"Vl rn AJ k/ h.:.6<c.c."" lqf'1Y1~ ') L.e;.,,- b0~':~ .f ~'''J ",. n e- ~ or"' t - ..... -r "- , ~"" ~~ ~ J :l C 0 i:. -5 ( f f ... f ~ "'" ::> '" , f Q -" .r: '~ o~ " c.. " :i '" I.LS:: ~ ;::: ''1 .. '.-._~ ,,~ ,"~: ::;':r~ ". "-'.:.....-,... .,' ..~;;~~ir;~::~;~ . _ _i .,~ .~ .:; '~:.' - ... ':::<~;t~:;<. .' -.~ ~ "j;. :1'"..."".. ..-....-:._-v:, - -------"'.., -~.- -...::-. "'..:....:... . .e'J .,.. .%,1 't"/~~1 , . -,,':- ,/, -~,:1'~~![~~~@~~~!;tTt~}!t]!t.!z~~:-:~~~:~~~'~-~ I er \ U:::.-\c\ ~ ~ UA c;oHQ.u(.~~ Vi'....,...) t l I ! ::~..-r i .:;.:::-~?:::: :". . ....:..:.-~- -~. RAINBOW WATERPROOFING & RESTORATION CO 63 BLUXQME. SAN FRANClSCO. CA 94r~~5' OFFICE 1.~15)885.6690. PLANT ~4t5)543.Hl0. FAX ':-~15}543-6609 Lie 1487538 Clo9 C33 May 29, 1997 ~ dlh ~ Ms. Didi Maillard 13 Reed Ranch Road Tiburon, CA 94920 T';~.-r:~r ~- .- ~ , ' Re: Proposed Vertical Additions 11 Reed Ranch Road, Tiburon 7':>;;;-10;=:::.: ,- :"'-,..: ~:~~3 ~ S~:~:..,.~ -- Dear Didi: As requested, I have inspected 13 Reed Ranch Road in order to determine the impact the proposed vertical additions at 11 Reed Ranch Road may have on your property. My inspection was visual, using a camera and based upon mock-ups in place on May 25, 1997. In my opinion, the proposed additions would be disastrous with respect to loss of view and privacy, with windows facing your living and sleeping quarters within 50 to 70 feet at eye level. (See 1 to 5 included.) These additions would adversely affect the value of your property in excess of $150,000. In 1974 when you purchased this property, the remodeling was performed in strict accordance with the approval of the Tiburon Board of Design Review upon the application by Allan Thompson, A.I.A. The condition of the permit was complete adherence to existing exterior details with no encroachment or changes to the existing height of the structure. Even the roof had to be completely redone with materials matching exactly the existing colors and finishes. The alterations were not permitted to cause any possible view obstruction to the neighboring structures. My advic~ at this time is a total rejection of of the existing height of 11 Reed Ranch Road. in 1974 should certainly apply today, and I do the \Board of Design Review would even consider al rations. any increase What was true not see how these proposed Re submitted, Jo n F. Maillard, C.S.I. EXHIBIT NO.~ ~ .::;8 13 K,=cD ,we;..!. RAINBOW ',X\TERPROUFr."C &: R.E510R.\T10~' co ~~ ',II '..:11 I.il. !IIII " .....J.. 3i-E;:: 'jC :z... lJ_~ 8t~'(ome :"'V::.;L~~:::: 3Y d.:: 1\ , )C1n F:-:1n\.'~L." c.-\ '-I..'rr_]00" ::-E:::<::::3" -=3o...r:-,"I......:::."-/. J - \ -~o .)., n ~ ."'-= ,,"W ~'" "1 vI' \~<;, vOO,,! ~;: J~.:: ~J 1_. 11"-': - _;z, --_ ~ , . ;' - - - - ~'I/ --~ --~._""l._-::-~_ 'I!" / .;:~ :. :':~: '" . = 12...00>'" ,- CF ~ OATE ,; - 1."1- '1"7 JATE .---:_-v. ~"'D'''''1 J,<;.w -;"/.':>'1 D-&S"<'e. 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" / \{'v, a.....~ IJ IfV... . l~- CV\ow',\<i.CV,~~ EXHIBIT NO. S -:;. R013ERT W. ROSS 16 Reed Ranch Raad, Tiburon, Ca. 94920 (415) 088-<3829 .--':'--. June 9, 1997 ~-...-...- .."...-!~~ - '-:I DeSign Review Board Tiburon Town Hall 1505 Tiburon Blvd Tiburon CA 94920 . " ,-:";"'!'-::-,-:-' . . ---,. -" -- "'....;. :2.'-;: RE: Lehr Addition/Remodel at 11 Reed Ranch Road I am writing to urge denial of the request of Mr. & Mrs. Lehr for permission to remodel, as currently planned, the house which they recently bought, at 11 Reed Ranch Road in the Reedlands area of Tiburon. The request entails extensive construction which will result in the enlargement of the original modest home into an obtrusive structure of almost 3,000 square feet. Approval would require a variance to permit excess lot coverage; which lot coverage requirements were wisely imposed to preclude just such development. The Reedlands development was designed to produce a neighborhood of reasonably-sized homes wherein the views and the privacy of each resident would be preserved. The Lehr remodel plan deprives the residents of 13 Reed Ranch Road completely of privacy throughout the ENTIRE living area of the home. This is inequitable and insensitive; and would establish a precedent for the Reedlands which is desired by no one in the nei~hborhood. I urge the Board to deny the Lehr request in its present form. Respectfully, ~ 4.AJ. ~ Robert W." Ross !I,\, .JJN 1 A - 199? L- , EXHIBIT NO. , / ~-,.".- :~'''.-~,,,"." 7=,,::"'\ . . ""....' \. ,::'l_~ 1 ,^ ;' j.........-.. June 12, 1997 ,- - .-.-.~.~._":/_:t~,~~~~,:~3.~::~7: Dear Mr. Anderson and Board Members: As homeowner at 9 Reed Ranch Road, I am writing regarding the planned construction at 11 Reed Ranch Road. I recently saw the story poles and subsequently met with Mr. and Mrs. Lehr who shared viewing the plans with me. At the time of our meetings on May 25, 1997, and again on May 26, 1997, I felt uncomfortable with the imposing structure and height which appear as looming above me. The sight poles, of course, only approximate the height and potential size. The impact of the mass will be realized after the new dwelling is completed; and then it will be too la te. I did express concern to Mr. and Mrs. Lehr regarding the loss of openness and privacy from my patio and kitchenlbreakfast room. Having nearly lost a pepper tree recently, which borders and protected my privacy, one can see the proposed bedroom construction quite clearly. It obstructs open sky and beautiful trees. My plan has been to allow the pepper tree to be saved and to grow to its former height of 30-35 feet (if and when possible), or to replace it by another tree affording the same privacy. At our meeting we discussed the issue of the proposed bedroom being so visible and imposing and I sensed some hesitation at the idea of a 25-plus foot tree being there. Since that tree was there long before I was, I would insist on it. Obviously, at this point I do not know if it would block some of the proposed view, but it would certainly be necessary to have a tall full tree there to protect my privacy as before; but especially now with a second story being added. The new living room also presents a problem. It appears massive and, although I was shown landscaping plans, again there was a vagueness about the possibility for protecting the open view from my breakfast room. This room is an area in which I spend much of my time at home. The proposed shrubs and retaining walls might protect oart of my privacy, but again openness and privacy would be forfeited. There is no assuran.ce that when the building is complete it would be camouflaged and not visible from my house, even if the height has been lowered. What I had not seen in late May was that there would be a total loss of privacy in my master bathroom. When the bathroom window is open (which is nearly all the time) I could be viewed from all angles whether in the bath or otherwise. This is a vastly different situation from the present time and was not realized back then. Finally, I have a stained glass window in the master bedroom, obviously unshaded, which fac66 up to Number 11 Reed Ranch Road and is in direct sight from my bed. The proposed structure would surely allow a major amount of light to flood .into my bedroom when either their bedroom, living room or outdoor lights are on. It is especially apparent 'now that all the high and protecHve growth has been removed. , EXHIBIT NO. ~ / / In the Reedlands we have adhered to height limitations and respect for view;-' therefore, I must say, after much consideration, I object to this structure as proposed. It will totally alter the way I experience living in my house and in the way my house was designed. In addition, it would have a major negative impact on my privacy. I also feel it would reduce the value of my property and would start a very bad precedent in our area. I am submitting pictures - both old and new - which (without professional assistance) might help illustrate the negative impact of the proposed addition. Unfortunately, I was not able to reproduce the proposed living room addition on photo from my breakfast area or my bathroom.. There also exists a second patio on the hill in my backyard from which I have enclosed a photo or two of the addition. I have not, however, had time to take new pictures since the story poles have been cut but, for me, that has changed very little. I do invite the Design Review Board members to please call me at 389-6637 to make an appointment with me. In this way, the board members can understand the objections and concerns I have regarding the plans at 11 Reed Ranch Road. Sincerely, _ ~ f/tW I / Y5L !~ George Annes , / Mrs. " ;;;. -;r<:"'~' j;" , '~../_,!:'-' L.,./ _c ,~-:.~ :....C / ~~----rn 7T1 /,', ,I ,'.-/ /. ! /~ /1 ~r'_.-v__ 1.:.0C.,.. 'Let. -',J' , ~ :' t",..( -,",~.,' 'ut\ T'-AI.'),.-'!.-'.I_V':" /..-'" ...... ,<1./u,,-z.p ',r '~___ 'L.c /~-".,-- -'_'_ ,,/ (:":' .' ] =- .,..,-'----- ,. ~,Li..~'_ (...; 7:::. ILLt.~ ">:1\ 0 '-:-/}? / ,I I ""'-VI -4 ,~~ /L(L-f-!r....-~(~/f\ /'~ .:.....-; ~ ~ ' ,.<.7/~i~\.- --/, f l' n, ~/Z' _ _ ~ ..\..'.:....&'./....- "". ~c.. , j?L 1--,,1- '-(A.../.A.-U!... . !f/Ul..V.<.C 'I ) '--l.. ,;'j--,n ...-....--~ . , .;Li!..--~I~J _ Ic-,.1l.G '<.-- ,! , I . / ~~ c..-- /, '/l"k/I';vl c; .~~,J /,_ ,l... ,\ ''-1<..-l,'r;1 - I ", , .,C. '.1... ~''''' .... , >,_ ~ ::w (,. . t/",- ".:.z.. " I 'IL:..- I 0Lt-/[,-:) //1,L,Yi1(.L..-C ',-" - I ,,' v (. (~ L-PL-i-L\- '_~ ~ -, f~{t:t.-.! I ''"-I'... Lz.. ,tl/71(,~ . '_G _./L--'__" I :2 '~~ V //l__.(....v(.....<..- I ,;. ....... '1,," ora..:tW I~ 1JY1f~ JJ4uveJ.,u~ :---~, wd ~ f"n ":'7 ~~ I' " Jv~, ~fiW bH~ t\Litt~ -=--~ ;rwjG r ~(/ciCO --=-,----~"-_._._---- :S~;~\i, - , .; ~:~;; ~\"~u;-- \7\.- . "'.. ~ '.':: ........ '. ~~,-.,,. r;;...'~..... ~<\~,~ ' '..t~ _~. _ .. . -..rij ~;-1 , ~ . \ :;" /- -.- I ~'~,' . J~ , , ~,;! ').;<;.:;; "::.," -".... -; '~~ YLUbV- V1l4 ~~ j' .~'_.......,' ~~~ ~L .h-uJcVJ.% 9 ,- truo -v~~ JY!::_~~ Y/V,,,I',)/ )?a? ~~ ( ""'70 1-3 7:.P7tI ~ tr~ . Pl"~'bn /~9 Ir.<<. ,~ (???(77.,~!~ -' . /iGJ...<...uL ~ ~ '-l - 00,:, lI~\..UMj ~tL.uc nlj ~ ~ .Jo0~ tA.~~1kd-- ~'~ ~'0L I ~---_.. t~ / Ai2v ~ YrUj OJ a;;J dI\ ~~. ~ (~~~~~ EXHIBIT 6 / E. NEW BUSINESS BEFORE THE BOARD [fDfL~ @@~W 4. 11 Reed Ranch Road Lehr, Addition/V ariance The applicant is requesting Site Plan and Architectural Review approval for the construction of fIrst and second floor additions totaling 1.188 square feet to a single-family residence. A variance is required for increasing the lot coverage from 21.7% to 22.5% in lieu of the maximum 15% pennitted in the R-2 zone. Proposed additions include an approximately 600 square foot second story master bedroom suitelbathroom with balcony; an approximately 400 square foot ground floor living room; and an approximately 350 square foot ground floor gallery and entry. Some existing storage buildings in the proposed living room area would be removed. Also, an existing two-car carport would be enclosed to form a two-car garage. The new total square footage of additions is 1,188 square feet. Dean Leht, applicant, stated that they looked at many homes in Tiburon and decided on this house. They met with the neighbor at 13 Reed Ranch Road to explain their general intentions and it seemed like the second story bedroom should be against the hillside so it would not impact the neighbors' view. Story poles did indicate there was a view blockage so they went to the Homeowners Association and discussed the different locations for their addition. He thought the view issue had been solved by lowering the story poles. changing the roof pitch, and raising the windows for privacy. They also met with the neighbor at 9 Reed Ranch Road who .was concerned about privacy from her master bedroom and bath. They propose to plant a large oak tree that would block the views from his windows and allow the neighbor privacy. Hank Bruce, Architect representing the applicant, stated that he did not want to negatively impact any of the neighbors. He thought the proposal was reasonable and within the guidelines of Tiburon. The addition will harmonize with the neighborhood and it seemed rather benign. They are well within the FAR and have constraints because of the hillside. They are matching the existing roofs 3:12 pitch. They may be able to lower the plate height a little but the sloped roof harmonizes and is an improved condition to the house. Many houses in the Reedlands have a stepped second story. He felt that the landscaping could mitigate privacy issues. They have eliminated a window and raised other windows so they will not look down on the neighbor. They are talking about adding baffles to preserve the neighbors' privacy. With the mitigation measures proposed, this will be a welcome addition and enhance the property values and this falls well within the range of other houses that have been approved in Tiburon. In response to the Board, Mr. Bruce explained that the house is presently wood and to break up the scale they have introduced stucco. The baffle is a vertical piece of wood that will be placed on each side of the windows to satisfy the privacy issues of 13 Reed Ranch Road. Also, the ceiling height of the gallery is 8.8' and the chimney is 2' above the ridge, as required by Code. Ralph Alexander, Landscape Architect representing the applicant, stated the rooms open up to the outside and there are wood retaining walls that will be replaced. They are maintaining as much of the existing plant materials as they can and are planning addirionallandscaping, and terracing the backyard. They want to maintain as much privacy for the neighbors and for the Lehts. Regarding the view from the master bedroom. they are proposing a 48 gallon, 15'- 20' oak tree and additional screening for the down hill neighbor. Shrubs will be planted in 5-gallon tubs and will grow to their maximum height within a year or two. Daryl Devina, 44 South Ridge West. stated that although he is not directly affected by the addition he was glad to see that there have been some changes made since the neighborhood meeting. However. he is still concerned that the ridgeline of the second story will have an impact on the neighbor at 13 Reed Ranch Road and would like to see it minimized. He was glad to see the mitigation measure for 9 Reed Ranch Road. Didi Maillard, 13 Reed Ranch Road, stated that the chimney is already above her house and she objects to the vertical addition. The square footage of the addition does not agree with the application and the story poles do not indicate the actual heights. She provided a photograph that indicates how her view will be impacted, noting that the windows facing her house would take away all her privacy and would create a lot of glare. Jackie Annes, 9 Reed Ranch Road. explained that her primary outside areas and inside areas would be impacted. The oak tree seems like a great solution for the outside but she is not sure if it will be planted on her property or the TIBURON DRB 6/19/97 EXHIBIT NO. C:, 6 ~ applicant's property. She would need additiooal story poles that would tell the whole story about her privacy from her dining room. She is concerned about her light being impacted from her bedroom and the addition is in the direct line of vision of her master bathroom. She is not sure the baffling will provide adequate privacy or if the shrubbery over the retaining walls will provide adequate screening. The variance will impact her in a negative way because it will be closer to her than the current house. Therefore, she was opposed to the variance. She looks forward to working with the Lehrs in coming up with a good solution. As an aside, she felt that all voting members of the Board should be present to vote on the application. John Maillard, representing the owner at 13 Reed Ranch Road, stated that the second story addition will directly impact Ms. Maillard. Also. the application indicates a 600 square foot addition but the plans indicate an 800 square foot addition, and the story poles are not accurate. Trees have been removed which could have been used to screen. He urged denial of this project. Ruth Carlson, 38 Terrace Court, objects to the second story addition; all second stories in the neighborhood are on the down slope. She felt that this proposal would set a precedent and she does not want to change the character of the neighborhood. Ray Truman, 56 Reed Ranch Road, was concerned about debris boxes and portable toilets during construction. He suggested the Board place a condition on the project that requires the owner to place the toilet on private property and empty the debris box when it is full. John Silcox, 14 South Ridge East, stated that the impact of the second story is a detriment to the owners of 13 and 9 Reed Ranch Road. He would like to see a three-dimensional drawing of this project. He felt that there was ample room for the addition to be placed in the rear. Mo Mobari, 6 South Ridge East, encouraged the Board to go with staff recommendations. Andrew Thompson 18 South Ridge East, stated that the addition does not impact his house but he wondered how the Board deals with the expansion of older homes and still maintains the views. He felt the staff report focused on the main issues. He would like to see the roofline reduced another 6". The real issues are the view rights of the bedroom and he thought the solutioos should be better communicated. The Lehrs have been very cooperative with the neighbors and would like everyone to continue to communicate and work together. He did not think this project would set a precedent. Norma Baunsteiger 2 South Ridge East, stated the addition will impact the owner of 13 Reed Ranch Road and was therefore opposed to the project. Mr. Bruce responded to the concerns stating that the story poles have been accurately placed. With regard to the second story. it is set in from the side and the front and only one section of the second story will be seen, and that has been articulated. The proposed living room will not take away the light of the owner of 9 Reed Ranch Road because of the sun pattern and the addition being a distance of 30' away. The screening for privacy will truly be effective. The floor area calculations are correct, they are proposing 597 square feet in the bedroom section. Because of the existing floor plan and the site, this is the most logical place for the addition. He has integrated the second story into the structure well. He noted that he did not place the story poles because he did not think it was necessary. Boardmember Snow stated that he had concerns about the primary views of the uphill neighbor and would like a change to the living room roof. He also has difficulties with the second story because it is not in conformance with the rest of the neighborhood. He would like the neighbors to meet and come up with workable solutions. Chair Howard wanted better communication to take place between the applicant and the neighbor at 9 Reed Ranch Road regarding landscaping. Something should be done more effectively about the bathroom. The view issue of the living room was the chimney; if the fIreplace could be gas, the chimney could be eliminated and it might help mitigate the view. She would also like to see if the roof pitch could be lowered. She did not see any other solution except the second story and suggested aggressive landscaping that would help screen. She thought the stucco fa<;ade accents the existence of the second story and felt the exterior color should be darker to lessen the impact. Boardmember Doane stated the dimensions are not so great but the impact is because of the small lots. He was concerned about using stucco for the second floor because of the large surface and was not sure that a window TIBURON DRB 6/19/97 7 ~ would be appropriate in the north elevation. He suggested additional skylights without windows along that wall. He suggested an overhang because it would cast shadows and reduce the mass. He supponed the idea of planting an oak tree and thought the hedges will work fairly well along the edge as specified. He did not suppon using the baffles to screen the windows, noting that the problem could be solved in a better fashion. Mis DoanelHoward, and passed (3-0), to continue the application to allow the applicant time to: I) erect a story pole for the chimney; 2) provide more specificity for the second story, including materials, adding an overhang, and how the windows would be treated; 3) examine the configuration of the skylights; 4) reduce the roof height of the living room (extend the gallery architecture); and 5) resolve where the oak tree will be placed. Absent: Fyffe, Beales TIBURON DRB 6119/97 8 , EXHIBIT 7 LIt TE /lJI}-/ L ~ ~mL~ @@(P))f MAHONEY ARCHITECTS ~~,''''"'''~'''1\:r''~~ , . June 18, 1997 Design Review Board Town of Tiburon I.... . .~c>J ,"._ ,J..::.... ~. RE: 11 Reed Ranch Road Dear Board Members, I have been retained by Mrs. Didi Maillard to look at the proposed additions to 11 Reed Ranch Road and to advise her about the impact on her property at 13 Reed Ranch Road. I have visited the property and reviewed the plans prepared by Hank Bruce Architects. The proposed second story master suite and living room addition will create problems for the Maillard property. The living room roof interfers with water views from the primary ceremonial rooms in the Maillard home - the dining room, their only outdoor deck and their kitchen/breakfast room as well as from their guest bedroom and master bedroom. A solution to this problem seems quite evident. Mr. Bruce can design an attractive flat roof or lower the floor of the living room to eliminate this conflict. The Board needs to very carefully consider the proposed skylights. The proposed kitchen skylight is of particular concern. Due to the slope and proximity of the two properties this skylight will be in the Maillard's immediate foreground and will present a light pollution problem at night even with tinting and without any direct lights in the skylight well. I am also concerned about the new living room chimney which has no story pole. Its placement is central in the Maillard views. In order to properly assess its location and height a story pole is very important. The second story master suite addition and proposed windows will have an enormous impact on privacy of the Maillard residence. The addition is not fully represented with the story poles only located at the proposed ridge. Story poles for the wall closest to the Maillard's should be installed so the Maillard's and Board can fully see the impact and proximity of the addition. The master suite windows will have views back at virtually every window of the Maillard home - their family room, patio/deck, kitchen and breakfast room, guest bedroom and master bedroom creating real privacy issues. It is important to consider the Tiburon hillside guidelines and that the property owners must remember that their proposed dwelling will have a substantial impact on neighboring properties and this impact must be minimized in every way reasonable possible. Please feel free to call me if you have any questions. -....~. Sincerely, CO.l~ Colleen Mahoney Architect AlA Colleen Mahoney, AlA P.O. Box 1053 . Tiburon, CA 94920 . 415.435.6677 '" FAX 415.435.6878 Tiburon 94920 L-A-7E m fflL Dear Oidi, You have asked me :lor my opinion in regards to the impact ofthc proposed m~ior remodeling al J 1 Reed Ranch Road, which is your immediate ncighbor to the south. After having personally visited your home on .J unc 16th, I think when a remodeling job includes 11 loss of view and privacy, that your value: will definctely be reduced The only way yOll wi11 retain your current waterview, would bc if the ncw owners of II Rced Ranch would create a flat tar and grdvel roof As a long time Re:<:dlands rcsident, I am very disturbed over the large second story addition, which would set a preccdent and invite everyone to add another story in order to retain existing VICWS J certainly hopc the Planning Commission will pay attention to all yo~~p jghbors.concems, <- . .f;:<t ic.--- Ki sten rV1ikkelsen Li~ellsed Real Estate Broker PrudentiaVJol1 Douglas cc:Scott Anderson Town ofTiburon 1\r',.....___...~...-I(___..f"'r_""~t._.....1no: ~ m ~'.......I",'"'~-.,..., ""-::'"\;) " . <, ..' . ...., 1" , .' 0, -_'. ".' 7t"URON ,~ _": :~;.:.:':'i' ~"'~J:CSl;~'3 DE?T. ~ Lltlt::. /Y) 1+ / L IFnl!..~ ~@[,IDW SHELBY F_ GROSS 1 BURRELL CT TIBURON CA 94920 RES (415) 3889657 BUS (415) 388 0566 FAX (415) 3833761 June 16, 1997 Town of Tiburon Office of Design Review 1505 Tiburon Blvd Tiburon, CA 94920 ~-""'~~"\"~:r: . - , .~ I 7 ~ ~--. ~~:.~)~~;l~ZI~bi;~&~E;'T. Members of the Design Review Board, Scheduled for design review on June 19, 1997 is the property at 11 Reed Ranch Road. After viewing the height of the story poles , I believe that the height of the second story addition will cause a great loss of privacy for the residents of 13 Reed Ranch Road. I am also very concerned that to allow the second story addition will set a precedent in the Reed1ands for raising roof lines and adding second stories. Please consider approving design changes which would ensure the privacy of the property at 13 Reed Ranch Road as well as retain the single level elevation at 11 Reed Ranch Road. Thank you for your consideration. Sincerely, /~~~~.)- Shelby F. Gross, President Reedlands Property Owners Association , i f \ I , [f~[L.~ ~@~W. . L.+c, tt\c~ r-' ~ \1/ \ q ~ 'to ;;J.&-; fha.:.k If \~ V~ ~\(~,'~"J" ~ ra.. ~~~ ~ ~"tc.- ~ ()... ~ ~ -t9\A. ~ ~-t.cu.. ~ ~ \\~ 7tk-<!~ ~ ~CL ~~. ~ ~ ~ ~ 1.>>4'"'_~O i. ~~~~ ~ \3~~~' ~, '~,~':~:-..:':''1''7::~ ~ '\~~ 3\~~~ .-r.. ,4 ~"'" :'.':.3l.;,~':~. ~:~:'~~~9N -'.....__'!j\i~ DEn / F t~om SEATRUST PHONE "10. 415 383 6'305 :un.14 1337 4:13PM P01 I ~II:, ''''''''''~''\7''''''i'''1 r .' ,,~.;,:j . I,'!i L.IffE; )/\At G . ,. :-,., ,. 7,'".>\ ,'.j ~:.: Tbl.J:=iCi'.j r. .' ... - . ..,...., - -"="~- ~-_-" ..... .......,.'" _'-...._ ...._ .J'..... .. June 1:3. 1997 Ttburon P~c1~n Review Ti~~ron Tbwn-Hell T1 burnn Blvcl. T1burnn. Ce. 91~920 BOllr!! ReI Proposed additions to 11 Rced Renon Roed Deer Sirs: With this letter it i9 my intention t~ myself on reoord 8a oppos1ng the 9ddttion of ~ story to the residence at 11 Reed R$nch R~ad. put seoond The proposed height of this of charscter with and proportion to homes. d.welling is out the surround ing The second the privaoy of the on current View.. story add1tion not only violetes 8clJacent homes, but seriously lmpin~eB: The approval of this addition will set s precedent for other future add1tions 1n the Reedl"nds which would further impact long st.nd1n~ views. It 1s my hope thet the Board will appreo1ate my concerns and deny the request for these additl~ns. f~el!. /J. ,~ lM-{~ Ruth Carlson )6 Terrece Court Tibur~n, Ca. 94920 / ~i ;1' ,I ," ~iJ; "',1 "j'i i " " 1:i qi II :,'1" il I I ::1 i i'l I II ,I I II "I " Ii II !I I: 11 i: :i: II I' .i I,' I' ,1 !i 1'1 I',; 'r' I;' I , ~ i "I UtTL I<< ftt b June 13, 1997 [FnlL~ @@(P))'f p:e::,1">~~~~,,='I/"jI "'";J~ ./ ~/ ,.. Tiburon Desi~n Review Board Tiburon Town Hall Ti buron 31 vd . riburon, Ca. 94920 '- '-. ;'::'~U;~CN ~ '-'.-~-. . .....~--~ ,-- 'J'::'.'.. Re: Proposed additions to 11 Reed Ranch Roed Deer Sirs: With this letter it is my intention t~ put myself on record as opposing the addition of p second story to the residence at 11 Reed Ranch Road. The proposed height of this dwelling is out of character with and proportion to the surround ing homes. The second story addition not only violates the privacy of the adjacent homes, but seriously impin~es on current views. The approval of this addition will set a precedent for other fu ture add it ions in the Reed Ipnds which would further impact long standing views. It is my hope that the Board will appreciate my concerns and deny the request for these additions. ~~.~- Ruth Carlson 38 Terrace Court Tiburon, Ca. 94920 i-.fT!E, /f)R- / L Janet Raiche and Alan Perper 17 Reed Ranch Road Tiburon. CA 94920-1022 [FmL[~ ~@!P>W !~~4"''':"'\1~D j7~: i TC.~" ,';-'1 OF TI8U;-iCN '--~'-- '" ,.;:; -~ ::.;..:;~::;;;\8 GE?r. June 14, 1997 RE: II Reed Ranch Road. Tiburon. CA Dear Mr. Anderson: Enclosed is a visual of the story poles of the second story addition proposed by the Lehrs of II Reed Ranch Road, which is two houses down from us. It appears that the Lehrs have altered their plans somewhat since the date afour original letter. They did not. however, change the impact of this second story additon. Thus. \ve continue to be distraught at the thought that if their present proposal passes, we will see more ofa house that is two houses down from us than that of the house below us. Furthermore, since this second story is intended to serve as a bedroom. we will have to worry about looking from our living room and yard "at the \Hong time'. The proposal also calls for a deck. which further detracts from the privacy we now have. ~:hen we bought this house last September. we did so because of its views and its privacy. Prior to the Lehr"s purchase of II Reed Ranch, we only saw a small fraction of our neighbors roof from our yard and house. The rest of our views were bay. city and trees. Already. the Lehrs actions have altered this vie\\'. They recently removed a couple of large trees and pruned others. so that now we see houses v.'here we once SJ\V trees. Although this is their right. since the trees are on their property. we are perplexed at why the) nmv wanl to go lip instead of out. The removal of those trees greatly enlarged their open lot space. The only explanation for going up would be to gain a vie\v-at the expense of the view and privacy of their neighbors. We hope the Board rejects their proposal. Sincerely. (\ ~ "-- ~ C(~ if'd'~ Janet Raiche and Alan Perper / 't: ~ ~ -cJ r> p 1 ? - ~ ~ ~ v- I <).. t ~ J t ~ 0 'f I' b e ~ 1-\ ~ 1 '?, ? I" p ,. , - ~ f'J = ; +- 'l- - ~ L - - ~ - - t 1-0 ~ ) I ~ = ;:-... - r k, .... .. - J> 0- ~ ~ ? - n... p 3 r ~ rv "'0 ~ tl-- f\- .. 0 ~ .. :1 r nI ... t t .. It-- r l p ~ ~ -;; + }l~ (V j If' j f p J . ) u 0 .... ,... ~ r {- ~ -of ? r t r ~ it ,. r .. ... ...[ , ~ ~ " f 1 f ~ : r c 0 r>-- t - ) e i \ ('> - "" I" ~ ( ~: l e '\) , j ~ ! c I ,-:-~ 0- ? r ~ 6 " t ) _-o.:a ~ .;- -u t ' ' ~1 ! C." ~ . :..- )., L , e c:'::: :=;i. -h ,.- 0 11 ~. ~ r F 'l> t &- - f ( -v 0 - .' 1 i} t '" L ~ ? ; --\ l, 0 0- Il-- r c )l r G .. t '1 j} V' "" J , C;:S-' 'C ~ ~, ~ r -.J ( iJ' -( r ~ iJ' r r? ~ t Cl ~-fl ~ u. II-' r . _~ t 0 1 f '" ~ - 0 t7 V> <"f t:J r { ) \ 0 \ L l> e i ~A- TE- (f)fJ-/L ~~[L[E ~@[F>W l ~~--,.- ---' -., -,-- ~ 48 Lower North Terrace Tiburon, California 94920 ';;:.:,...:;;;C;-\j -. ,- -.'--'--' ".--..-- ..'-....;. ....-.".. June 13,1997 Scott Anderson,Planning Director Planning Commision City of Tiburon 1505 Tiburon Boulevard Tiburon, California 94920 Dear Scott, RE: 11 Reed Ranch Assesor Parcel #34-243-16 The matter of adding a second story to the above referenced house on Reed Ranch Road was discussed at the Reedlands Homeowners Association on Saturday,June 7,1997. We were able to see architectural plans for the addition of 1200 feet to the existing house. The plan called for adding a second story to the house. Evidently there was no consideration of existing neighbor's property, view, and value consequence. The entire Reedlands properties have been required to stay singles level homes unless a downhill slope dictated otherwise. To allow increase in height of roofline would create a precedent in this area which would change the character of the . ne ighborhood. Please deny the before you to add a second Assesor Parcel # 34-243-16 Road. peition which is story to the on Reed Ranch cc (]7JJl;':~ ~ 'Cl J. !.lurray,.......Jox Dide Maillard 13 Reed Ranch Road , Jun-13-97 12:09P Dean ~ Debbie Lghr ... ~ -:.;.Q ';.,:-rE" t.~<\~ -:-,\,VLOR S.lof.l F"1;~NC1:;CO (:A ~41G? 6417 ...if ~!!:S:-~lJ"':"i'o' Re;SCilVAT1,1tJ'i 41 s, JiA,S47B ~. (; I) ~ ~..\ r~\.." r "'1l""'NI~r~"'T'JE ,.j\5'1474.14S2 .,..,.-1\" "\"'~. ..~. ('j, )f;':) IIJ~)) \:.I-tl'" F~C~l~'1 ~" ,41.15.474-0631 , j 1\ / 416 "'-47946 P.Ol --. L..Jr., ~.. J L. II: H It ~1]unWiar ~,nHl . It 0 THE R 5 June 12, 1'197 Board of Adjustments and Desi!ll1 Review Town of Tiburon 1155 Tiburon Boulevard Tiburon, CA. 94920 Fax (415) 435-7395 Re: To be included with the information for the application regarding II Reed Ranch Road Parcel No. rJ34-24'-16 Zoning RO - 2 Dear Design RevJew Board: Please also include the enclosed letter from my Realtor into the: file tor my application. Thank You! Jun-13-97 12: 10P Dear ... Debbie Lehr 415 '47946 P.02 . " , I The............ _ c..1IIIlIIIa fIIlIllIy _1Il'~0YUhd.. -""- _(41~_""" ....lttll__ Mr. &< Mm. IJc:an Lcbr 74G SlIllt4" 5Ueet SllIl I'nncillCtl, CA 94\ 09 IIIlIe J 2, 1997 Dear Daan &; Oebbi.l, Thia lottcr u. to a<ictr-Ihc Usuc ofwbelher Qrnot th. pllllloed UllpfO\ICIlICI1ls 10 your mideace lit 11 Reed a-h RDIUI ill Tibllrllfl will implll.-11he plUporty w1uc of the DCigllborial! propcni~, Aller havq J1I'l'I'11lI1ily virikd the .ite em muc 10, 1!l97. nwioWlld the plll(lS llnd eval1ll1tcd the silwlcinn 110m the vantage pow of your upstapc oeiahbon III 13 Reed Ranl:b. Rll8d, I bavo wl1nossod 1bIt lhc WUll\' vialw, 6am a rea.I_ Mlllldpoinl, will I1llIlllin ClIliroly InIlIa. m f4cI, 1Iw !.be rool\Op !':PlIM'anenl alm1c will boo An _h.li. improVCl:nClll, In Iddiliuu.lIMR lhc modifications 10 lIlD IClXlOd .lory wlndowslhal have been propuaed. priVl1l:Y wiD \lot be impal'lod 1m well. TakillB all ..lI1e IPl>". bill) consid-..u.a... 1 hll\Pe CO\'l1<l to .11<: canclluion Ibat the value of Iha1 particular properl)' II DOl odvcrsely affi!ctal wM1lIOcwr, In fact, tbc proposed -.,,,atloa aad tralI5!llrm1l1ion of. qI-t-l. stlbstandard Il'Otltlrty, gcan.l1y op.>aking. enhlmces the property vlll.ueolllJl&llDlllbtability of llCilhboril2& proJlortiClll. Sincerely, (#~ VJo.fb~ Michele McLel1lln ...~...~""'illl\I~""''''-'''''III. . ~ II ...., 740 SUTTER NEAR TAYLOR SAN FRANCISCO, CA 94109-6417 ,I" C,A 1;- C~1i RESTAURANT RESERVATIONS (415)474.6478 ~ i) (?iMI\ "J\\.C'" l' AOMINISTRATIVE f415l474.14S2 , -0- (0)'! ' ((l)J '{It I,..' FACSIMILE 14151474-0831 ~. J II L E H R LftTf- m4/L D~~[D[D {~t IB D ] 11 [Fn[L~ ~@[P)W B ROT HER 5 June 12, 1997 Board of Adjustments and Design Review Town ofTiburon 1155 Tiburon Boulevard Tiburon, CA 94920 Re: To be included with the information for the applieation regarding II Reed Ranch Road Parcel No. 034-243-16 Zoning RO - 2 Dear Design Review Board: Please see the enclosed correspondence between myself and our neighbors. We have endeavored to be proactive in our approach with our neighbors. We have changed our plans twice in advance of our hearing date of June 19,1997 to accommodate our various neighbors concerns. Thank you for your time to look over my families renovation plans for our new house. We are very anxious to begin. / .y.. 740 SUTTER NEAR TAYLOR SAN FRANCISCO, CA 94109-6417 ,1,/ (;~ 1,/ -)f RESTAURANT RESERVATIONS (415) 474-6478 ~ ! ) (,;1 "1 \~" r- AOMINISTRATIVE: (415)474-1452 -" - ~~ JI~) \'./-rl? FACSIMILE (415) 474-0831 ~. ) 1\ / L E H R n~~lnD leiYit ~ n n 1 B ROT HER 5 June 12, I 997 Didi Maillard 13 Reed Raneh Road Tiburon, CA. 94920 Dear Didi: Pursuant to our telephone conversation today, I would like to share with you the specific changes I have asked my Architect, Hank Bruce, to make regarding my master bedroom addition. I would also like to recap the various measures I have taken to mitigate the overall impact of my remodel, set forth my eommitment to deal with the trees that have been blocking views for years, and respond to questions raised at the homeowners meeting. 1. All three windows along the stairway facing east to the master bedroom and the window on the landing facing north must have a sill height of at least 6 feet. This will allow light into our stairwell area yet protect your privacy. 2. The two windows on either side of our master bedroom fireplace will have a louver, awning or obscured design element to prevent any direet view of your house. The exact nature of this panel is something that our architect is eurrently designing. This will allow light and airflow into our master bedroom, allow us to look into our yard and monitor our children's play, yet protect your privacy by blocking any direct view of your house. 3. As you know we have altered the design of the living room roof as well as remove the stucco strueture surrounding the living room fireplace flue. This has reduced the height of the roof line and reduced the mass of the fireplace flue. 4. We have removed the stucco structure from our plans that was surrounding the master bedroom fireplace flue. This has reduced the mass of the flue, ~ 740 SUTTER NEAR TAYLOR SAN FRANCISCO, CA 94109-6417 ,,' / C:{A I, '1 RESTAURANT RESERVATIONS (415) 474-6478 \') G',A/j ]\~" l' ADMINISTRATIVE (415)474-1452 ,', ~"~- ('fl\~ J1 ff/:,) '{ It \r' FACSIMILE (415)474-0831 ~. j II / 5. We spoke to you and Andrew Thompson regarding the large pine trees and conifer trees on our lot that were impacting his and other neighbors views. We have cut down the pine trees and will be dealing with a long term solution to the conifer trees to improve Mr. Thompsons view.s, yet protect our mutual privacy, As you know I attended the Reedlands Homeowners group meeting on Saturday June 7,1997. I arrived late and spoke to the group sometime after you spoke, and based on your comments to the group, I responded to questions based in part on the old living room design, old story pole heights and without the benefit of the knowledge regarding the steps we are taking to mitigate your concerns for privacy. A couple of issues were brought up that I would like to discuss. A. Yon mentioned that you were told by a Realtor that your property would be devalued due to my renovation. On the contrary, it has been my experience that when homes in a neighborhood are renovated, the entire neighborhood benefits with increased property values, This is especially true when houses immediately adjacent to a particular property are taken from absolute derelict condition to an attractive updated remodel. I have asked the Realtor that sold me my house ( Michele McLellan) to give to me a letter regarding her viewpoint of the impact of our renovation upon the value of your house. I will pass her letter to you, I expect based on her comments after seeing your house on June 10, 1997 that her letter will help to ease your concerns regarding any possible devaluation of your home due to my renovation. B. One of the homeowners mentioned that my master bedroom addition was something out of character for the Reedlands, becanse there were not any 2 story houses in our area. On the contrary, I did a photo survey while lvalking the Reedlands and found most homes to be 2 stories, including all of my immediate neighbors. If you look at the first 8 houses on Reed Ranch Road, 5 are 2 story and 3 are single story. I believe that tucking away our second story addition against the hillside was the appropriate and sensitive lvay to propose a second story. Our master bedroom addition doesn't block anyones views, yet allows us a view from our bedroom that could not happen 'Nith a single story addition to our house due to the fencing and trees between 9 and 11 Reed Ranch Road. This fencing and trees are the same elements that will give pn'vacy to the back yard of 9 Reed Ranch Road from our addition" yet allow us our views, ~ 740 SUTTER NEAR TAYLOR SAN FRANCISCO. CA 94109-6417 ,!./ (;-A }- "'if RESTAURANT RESERVATIONS (415)474-6478 ~ I) G,A/j \1\~" l' ADMINISTRATIVE (415) 474-\452 , -.. @r f'f"~ )I~) '{Itlr' FACSIMILE (415)474-0831 ~. J 1\ C. One of the homeowners said that if I wanted a million dollar home, why didn't I bny one? My wife and I knew that in order to afford the house we wanted in Tiburon that we would have to take on a remodel. We looked for 14 months for the appropriate remodel opportunity in Tiburon. We had very carefulZv investigated at city hall many houses, reviewing zoning, expansion possibilities, floor area ratios, square footage restrictions, height restrictions, secondaryJiwelling unit rules, floor area maximums, site development criteria, lot coverage and actualZv negotiated to purchase more than one house during that period. The house at 11 Reed Ranch Road was perfect for our complete remodel, a diamond in the rough, the worst kept, most filthy house we saw in Tiburon in 14 months, and the least expensive in a great neighborhood. The house was actually in foreclosure, and the owner in bankruptcy. We investigated the files at the city, met with our architect and general contractor on site and made certain that there were no active homeowners association rules that would not allow us to do what we wanted to do. As you may know 1 attempted to meet you and Jacqueline Annes prior to my close of escrow to discus my renovation ideas prior to my purchase. 1 believe that we have been responsive to our neighbors requests, we want to enter our new neighborhood with good will, good nature and good ideas. Afterall, we will eventually transform a derelict house into a house with a value one day approaching a million dollars, and we think that it is a good idea because our house will benefit the property values of the entire neighborhood. Therefore to answer the question: the pride and feeling of accomplishment that goes along with creating a beautiful home out of a derelict is why we didn't just buy one. My family has been primarily living in the Canterbury Hotel since we sold our house in Larkspur in February. It is not an ideal setting for our 6 year old Jacqueline, Debbie due "ith our second child in October and two large Labradors. Time is of the essence. We are very very anxious to begin our construction. I hope this letter has been helpful for you to understand that we are listening and acting upon your concerns. We want to create a beautiful home next door to your beautiful home! / ~ 740 SUTTER NEAR TAYLOR SAN FRANCISCO. CA 94109-6417 ,1" (\~ 1;- -.'it RESTAURANT RESERVATIONS 14151474-6478 ,. (;; j) \1~~~ l' ADMINISTRATIVE 1415)474.1452 @"F GLiU )1 r.1!t)) \!. l-r 1,-' FACSIMILE (415) 474-0831 ~ )"1 L E H R D~~[DOO (~;~}BD J 11 B ROT HER S June 9, 1997 Jacqueline Annes 9 Reed Raneh Road Tiburon, CA. 94920 Dear Jacqueline: Thank you for inviting Debbie and I to your house. We certainly appreciate knowing you, and look forward to many years of our new enjoyable neighborhood. I would like to let you know that our story poles for our Iivingroom addition have been lowered to meet our redesigned plans. As I mentioned previously, we were lowering the roof line to reduce DiDi Maillard's concerns that her view is being impacted, We will also lessen the possibility that our new Iivingroom roof line can be seen from your house. Although I have not been in your yard to check, I would encourage you to check it out, taking into aceount the 3 ft. fence/hedge that we discussed atop the new retaining wall. We recognize the importance of your Pepper Tree filling in, and we hope that it flourishes. This tree will give us the mutual privacy that is benefieial. When it grows healthy, to towering heights we can mutually discus whether to top or trim the tree if it closes off our views, so as to maintain our mutual privacy. We are prepared to plant a tree or trees to augment the Pepper Tree if necessary, from our side. When you return to town please give us a call, so we might know how effective our re-design has been from your viewpoint. Best regards! S cerely. ...y.- 740 SUTTER NEAR TAYLOR SAN FRANCISCO. CA 94109-6417 ,I,.. \.~ 1- .)f RESTAURANT RESERVATIONS (415) 474-6478 ,. ; ) ~~ \1\~" l' ADMINISTRATIVE {41S)474-1452 -0- @T ('fU~ )~l) \!I~Y FACSIMILE i4151474.0831 ~. ) II L E H R D~~[DD (~t iSDJll B ROT HER 5 June 9, 1997 Andrew and Beverly Thompson 18 Soutbridge East Tiburon, CA. 94920 Dear Andrew and Beverly: It has been great to meet you, You and your family have a great history in Tiburon, and your civic dedication is fantastic. I hope we can be active in the Tiburon Community one day soon. Debbie, Jacqueline and I are anxious to meet our new neighbors. We identified the requests from our neighbors to cut down our big pine trees, and did that rather quickly. Our overall strategy is to renovate our house once, for the long term, and we want to accommodate all of our neighbors concerns, without acting too hastily, prior to our adequately understanding all the variables. As you might guess, with the challenges of getting our overall home renovation plan passed at the Design Review Board, our seeond child due this October, living in our hotel with two big Labradors, we are going in many directions at once. I am convinced that we can work out a short term fix, while we better determine a long term solution to our Conifer Trees that are blocking your views. We would like to stop by your house soon, so Debbie and I might better understand how the trees impact your views, and how we can best address the challenge of pennanently landscaping our yard to provide the best uninterrupted views for you, and privacy for our new house. Jacqueline would also like to reciprocate the very generous gift of Playdough that she received, to your child. Thanks! ~ 740 SUTTER NEAR TAYLOR SAN FRANCiSCO. CA 94109-6417 "I" C:i\ i'; -,- \.~' '~ RESTAURANT RESERVATIONS (415) 474-6478 I'" r;; ) 1~~" l' ADMINISTRATIVE (4151474.1452 , -" . ~~ ( ~1Ii;. )If/f:, "'-1"f'1)l FACSIMILE {4151474.0831 ~. J II L E H R D:]~TlnD ltiitG n ] ~ ~ B ROT HER S June 9, 1997 Janet Raiche and Alan Perper 17 Reed Ranch Road Tiburon, CA. 94920-2022 Dear Ms Raiche and Mr. Perper: It appears we have started our neighborly acquaintance off to a bad start. Since it is our intention to live at II Reed Ranch Road and raise our family for the next 20 years we are likely to know each other, and our children are likely to play together for many years. I would like to better understand why we started off on sueh a negative light. I hope you can take a look at the diminished scope that the redesign of our living room roof would have upon Didi's views. We are working with our architect to investigate how we might further mitigate Didi's concerns while still meeting our needs. As for the addition to my house being visible or impacting your views at 17 Reed Ranch Road, we would like to see the problem from your lot with our architect so we might determine what could be done to diminish the impact. Should you determine that a visit to your house would be productive, please call me so I might set up a mutually convenient time. Debbie and I are currently spending much of our time at the Canterbury Hotel. We are expecting a baby in October, our 6 year old, Jacqueline is already tired of staying in the hotel, our 2 Labradors are going stir crazy, and we are anxious to begin our renovation of our house in Tiburon. I hope we can all find mutually acceptable ground so we might get our house finished and coexist in the future in a pleasant, friendly and neighborly environment. / ..y... 740 SLiTTER NEAR TAY~OR SAN FRANCISCO, CA 94109-641 7 ,I" (~ ''/ C~1i RESTAURANT RESERVATIONS (415)474.6478 ~ I) (';MI '1,\0c;o r- ADMINISTRATIVE: 14151474-1452 ,', @\'P~- ("f1l8 )I~,) 'X.1t'1r' FACSIMiLE f41S1474.0831 ~. ) II L E H R nj~[DOO (~t ~ D j 11 B ROT HER 5 June 9, 1997 Mr. Paul Devaux 539 Thyme PI. San Rafael, CA. 94903 Dear Mr. Devaux: I would like to introduce myself and my family to you. Debbie my wife, Jacqueline our daughter and a baby on the way are your new neighbors adjacent to your house in Tiburon, We bought 11 Reed Ranch Road below your house. We are renovating our house to better accommodate our new arrival due in October. Our story poles are up now, if you have an interest to see what we are doing, I would be pleased to show you our plans. I am including our telephone numbers for your convenienee. We are currently living in the Canterbury Hotel in San Francisco until our renovation is complete. We hope to meet you in the near future, we are excited to be baek in Tiburon, after living in Larkspur for a couple of years. Tiburon House - 388-5068 Work - 474-6464 SF Home - 474-0823 / ....v- 740 SUTTER NEAR TAYLOR SAN FRANCISCO, CA 94109-6417 "I,.. C,-A 17 C~ii RESTAURANT RESERVATIONS (415) 474.6478 " (;;1) ~~~~ l' ADMINISTRATIVE (415) 474.1452 -0- @~' ~1I ( ~c ) :-'&) \!ifi;t FACSIMILE (4151474-0831 ~. J II L E H R U]~[DOO (~'i~\ ID J ~ 1 t B ROT HER 5 June 9, 1997 Mary Buich 7 Reed Ranch Road Tiburon, CA. 94920 Dear Ms. Buich: I would like to introduce myself and my family to you. Debbie my wife, Jacqueline my daughter and a baby on the way are your new neighbors, We are loeated above your house at II Reed Ranch Road. We are renovating our new house to better acconnodate our new baby due in Oetober. Our story poles are up now, and we would be pleased to show you our plans and make your acquaintance. I am including our telephone numbers for your convenience. We are currently living in The Canterbury Hotel in San Francisco until our renovation is complete. I can't help but wonder weather you are a part of the famous family of restaurateurs from the Tadich Grill? As you may notiee from my letterhead I am from a newer family ofrestaurateurs, only since 1948 in San Franciseo. We hope to meet you soon, we are excited to be baek in Tiburon, after living in Larkspur for a eouple of years. Tiburon House - 388-5068 Work - 474-6464 SF Home - 474-0823 / .t'f~ e. p~ 1700 ?H-e,r r.... SNa. s.uu 250 s.- "7-n'I4O'", 13.-4 941 I I (415) 994-1202 L&~c ~A: \ June 6, 1997 -....,..,:::::"""~',,:-"t"!-.'''J~,'"4l\ '. -,.,. 'J<~ Mr. Scott Anderson Planning Director Design Review Board 1505 Tiburon Blvd. Tiburon, CA 94920 .~ - -", .~ ~~~. :~:>~~;J~~D1~~~E~1: Re: 11 Reed Ranch Road Remodeling Dear Members: We are property owners at 17 Reed Ranch Road, two houses up Reed Ranch from the above-referenced house. Since we will be out of town on vacation and unable to attend the Design Review Board meeting scheduled for June 19, we are writing to share our views and concerns with the proposed remodeling. We applaud updating and improving homes in the Reedlands, especially those such as 11 Reed Ranch which had not been well maintained. However, we are very concerned when such improvements impair the views and privacy of neighbors and cause significant losses in property values. Although the proposed improvements do impinge on our view of the Bay and City only marginally, the private setting of trees will be disrupted. Certainly for the two adjacent properties, such issues are of substantially more concern. We are also very concerned with the precedent of a Board approval of such improvements. If views and privacy are permitted to be disrupted, if values of neighbors' properties are permitted to decline, where does one draw the line? What happens when 13 Reed Ranch decides to build higher and block our views, invade our privacy and cause our property value to decline? We must admit that, as relative newcomers to Tiburon, we are a bit perplexed as to why someone would go to the effort and expense to erect a skeleton of a proposed expansion which so plainly robs a neighbor's property of its views and privacy. After all, the policy guidelines established in 1981 clearly indicate that views and privacy of neighbors are very important considerations in building or remodeling. Additionally, when we were looking for homes in Tiburon, we were consistently told by / Mr. Anderson June 6, 1997 page 2 realtors and city officials that it was impermissible to allow trees to grow and obstruct views. Now someone proposes to grow a house and not only obstruct views, but also invade privacy and cause a significant loss in value to a neighbor's home! We hope that the two by fours which have been erected remain a skeleton of a dead plan. Sincerely, 41;7 {/ /, ~1 '( \~):)G~ JaJet G. Raiche Alan B. Perper and 1700 MONTGO...1EIIY......- STHEE"\ . SUITE 250 . SAN FHANClSCO, CA 94111 . Tn.: (415) 394-9461 . FAX: (415) 394-9470 EXHIBIT 8 ~ TOWN OF TIBURON STAFF REpORT TO: DESIGN REVIEW BOARD AGENDA NO.: F 3 SCOTT ANDERSON, PLANNING DIRECTOR ~/ 11 REED RANCH ROAD; FILE # 297012 SITE PLAN AND ARCHITECTURAL REVIEW FOR ADDmONS TO A SINGLE FAMILY RESIDENCE; VARIANCE TO EXPAND NON- CONFORMING LOT COVERAGE (Cont. From June 19, 1997) FROM: SUBJECT: DATE: JULY 17, 1997 REPORT DATE: JULY 11, 1997 APPLICANT - HANK BRUCE ARCHITECTS PROPERTY OWNERS - DEAN AND DEBBIE LEHR PROJECT DATA: ADDRESS: ASSESSOR'S PARCEL: FILE NUMBER: LOT SIZE: ZONING: SUBDIVISION: GENERAL PLAN: FLOOD ZONE: DATE COMPLETE: CEQA EXEMPTION: P. S. A. DEADLINE: 11 Reed Ranch Road 034-243-16 297012 14,226 square feet RO-2 Lot 10, Reedlands Unit I M (Medium Density Residential) C (outside 100 year flood) June 5,1997 June 5, 1997 August 4, 1997 Tihuron Design Review Board SlajJReport July 17, J 997 I EXHIBIT No.L ~ BACKGROUND At its meeting ofJune 19, 1997, the Design Review Board received extensive testimony concerning this proposal. Comments focused on the loss of views and privaey from the upslope residenee at 13 Reed Ranch Road; loss of privacy from the downslope residence at 9 Reed Ranch Road, and a general eoncern about approving a second story element in the Reedlands Subdivision, Unit I. At the meeting, the applicant offered several modifications to the project, and was directed by the Board to return with additional modifications in order to address the above concerns. Please refer to the minutes of the June 19, 1997 meeting (Exhibit 1) for details. PROPOSED MODIFICA nONS: In response to concerns voiced at the earlier meeting, the applieants have modified the project as set forth in the letters dated June 30, 1997 to Jacqueline Annes (Exhibit 2) and July 8, 1997 to Didi Maillard (Exhibit 3). The major changes (but not all changes) are summarized as follows: . The color of the stucco on the proposed second story addition has been substantially darkened to a medium tone brown (eolor chip available at the meeting for comparison). . The sole north-faeing window on the seeond story addition has been removed. . Two windows have been removed from the east-facing elevation of the second story addition. Three windows remain on this elevation; two are in the stairwell area and have base-of-sill heights of more than 8 feet. The final window is in the master bedroom proper and the applieants state that this window is "architecturally blocked" from the view of 13 Reed Ranch Road by the addition of a 2 Y2 foot deep fireplace enclosure "bump out". . The proposed living room addition has been lowered 6 inches to reduce view obstruction of the water, . Large trees will be installed at strategic locations to provide privacy to both upslope and downslope neighbors. . The roof of the second story addition will have a slight overhang to reduce any "box-like" appearance concerns, . The chimney structure on the proposed living room addition has been replaced by a narrower metal flue. Please refer to the attached Exhibit 4, revised drawings dated July 1, 1997, prepared by Hank Bruce Architects (4 sheets), and revised landscape plan dated 7/3/97 prepared by Ralph Alexander & Associates (1 sheet). Revised story poles have been erected to depict elements of the additions. ANALYSIS: Design Issues It appears that the applicants have made substantial efforts and worked with neighbors to address Tiburon Design Review Board Staff Report July 17, 1997 2 f eoncerns and reduee view and privacy impacts. Efforts have also been made to have the seeond story addition blend better with the existing home and its surroundings in terms of color. Stucco is still proposed as a finish material for the second story addition, while the remainder of the house would be redwood siding. The Board should consider whether the proposed plan modifications adequately address the following design issues as noted in the June 19, 1997 staff report: . View bloekage of a portion of the Richardson Bay water view from the western portion of the residence at 13 Reed Ranch Road, eaused by the living room addition. . Potential privacy intrusion of the master bedroom addition to the eastern portion of the home at 13 Reed Raneh Road. . Privaey intrusion upon the rear yard and portions of the residenee at 9 Reed Ranch Road eaused by both the second story and ground floor additions, Coverage Variance Staff continues to recommend approval of the lot coverage variance. Comment Letters Staff has reeeived numerous letters since the June 19, 1997 meeting concerning this item, mostly eorrespondenee between the applicants and their most affected neighbors. These letters are attached as Exhibits 5 through 15. Environmental Status This proposal is exempt from the provisions of the California Environmental Quality Act (CEQA) as speeified in Section 15301 of the CEQA Guidelines. RECOMMENDATION: The Board should be advised that the Permit Streamlining Aet deadline for action on this project is August 4, 1997, prior to the next regularly scheduled Board meeting. Should the Board be unable to reach a decision at this meeting, it l!llIS1 secure a proeessing extension from the applieant pursuant to the Permit Streamlining Act. If the Board eonsiders the plan modifications sufficient to warrant approval of the project, it should make the following findings and impose the following conditions: Tiburon Design Review Board Staff Report July 17,1997 3 ." VARIANCE FINDINGS 11 REED RANCH ROAD FILE #297012 1. Special circumstanees are applicable to the property in that the lot is substandard in area because it was subdivided under other regulations than those which eurrently apply. The home as originally constructed would exceed current lot coverage standards. Numerous other properties in this zone and vicinity have received variances based on these circumstances. 2. Approval of the variance would not constitute a grant of special privilege in that numerous other properties in the same zone and vicinity, suffering the same handieaps, have received variances based on similar eircumstances. 3. Strict applieation of the ordinanee would allow no ground floor expansion of any kind, no matter how small. There is no evidence that the hardship is self-ereated since the property already exceeded the lot coverage limit at the time of the purchase due to the difference between eounty and Town standards, 4. The granting of this variance will not be detrimental to other property in the vicinity in that the proposed addition is a logical extension of the existing home, respects required yard setback distances, and is ofa minor amount (less than 1%). CONDITIONS OF APPROVAL 11 REED RANCH ROAD FILE #297012 1. These approvals (Variance and Site Plan and Architectural Review) shall be used within two (2) years of the approval date, and shall become null and void unless a building permit has been issued or an extension granted, 2. The development of this project shall conform with the application received 5/6/97 by the Town ofTiburon and with plans revised 7/1/97 prepared by Hank Bruce Arehitects (4 sheets), and the landscape plan revised 7/3/97 prepared by Ralph Alexander & Associates ( 1 sheet), as amended by these conditions of approval. 3. The applicant must meet all requirements of other agencies prior to the issuance of a building permit for this project. 4. All skylights shall be bronzed or tinted and no lights shall be plaeed in the wells. 5. All exterior lighting fixtures must be down-light type fixtures, Tiburon Design Review Boord Stoff Report July 17,1997 4 , , EXHIBITS: 1. Minutes ofJune 19, 1997. 2. Letter to from applicants to Mrs. Annes dated June 30, 1997. 3. Letter from applieants to Mrs. Maillard dated July 8, 1997. 4. Revised plans dated 7/1/97 from Hank Bruce (4 sheets) and from Ralph Alexander (lsheet) dated 7/3/97. 5. Letter from Didi Maillard to applicant dated 6/24/97. 6. Letter to DRB from Mrs. Annes, 9 Reed Ranch Road, dated June 24, 1997. 7. Letter from Mrs. Annes to applicant dated June 21, 1997, 8. Letter from Furnishers West, Ine. Dated 6/28/97. 9. Letter to DRB from Mrs. Annes dated 6/30/97. 10. Letter from Mrs. Annes to applieant dated 6/29/97. 11. Letter to DRB from Mrs. Maillard, 13 Reed Raneh Road, dated July 8, 1997. 12. Letter dated 7/10/97 from Doug Seranton, surveyor, confirming story pole locations and heights for revised plans. 13. Letter to DRB from Mrs. Annes dated 7/10/97. 14. Letter to applicant from Mrs. Annes dated July 8, 1997. IS. Letter from Janet Raiehe and Alan Perper dated July 9, 1997. Db297012.rp2 riburan Design Review Board StafJReport July 17,1997 5 F F E. NEW BUSINESS BEFORE THE BOARD ffafL~ ~@fFJW 4. 11 Reed Ranch Road Lehr, AdditionIVariance The applicant is requesting Site Plan and Architectural Review approval for the construction of frrst and second noor additions totaling 1,188 square feet to a single-family residence. A variance is required for increasing the lot coverage from 21.7% to 22.5% in lieu of the maximum 15% pennitted in the R-2 zone. Proposed additions include an approximately 600 square foot second story master bedroom suitelbathroom with balcony; an approximately 400 square foot ground noor living room; and an approximately 350 square foot ground noor gallery and entry, Some existing storage buildings in the proposed living room area would be removed. Also, an existing two-car carport would be enclosed to form a two~car garage. The new total square footage of additions is t, 18 8 square feet. Dean Lebr, applicant, stated that they looked at many homes in Tiburon and decided on this house. They met with the neighbor at 13 Reed Ranch Road to explain their general intentions and it seemed like the second story bedroom should be against the hillside so it would not impact the neighbors' view. Story poles did indicate there was a view blockage so they went to the Homeowners Association and discussed the different locations for their addition. He thcught the view issue had been solved by lowering the story poles, changing the roof pitch, and raising the windows for privacy. They also met with the neighbor at 9 Reed Ranch Road who ,was concerned about privacy from her master bedroom and bath. They propose to plant a large oak tree that would block the views from his windows and allow the neighbor privacy, Hank Bruce, Architect representing the applicant, stated that he did not want to negatively impact any of the neighhors, He thought the proposal was reasonable and within the guidelines of Tiburon. The addition will hannoruze with the neighborhood and it seemed rather benign. They are well within the FAR and have constraints because of the hillside. They are matching the existing roofs 3: 12 pitch. They may be able to lower the plate height a little but the sloped roof hannoruzes and is an improved condition to the house. Many houses in the Reedlands have a stepped second story. He felt that the landscaping could mitigate privacy issues, They have eliminated a window and raised other windows so they will not look down on the neighbor. They are talking about adding baffles to preserve the neighbors' privacy. With the mitigation measures proposed, this will be a welcome addition and enhance the property values and this falls well within the range of other houses that have been approved in Tiburon. In response to the Board, Mr. Bruce explained that the house is presently wood and to break up the scale they have introduced stucco. The baffle is a vertical piece of wood that will be placed on each side of the windows to satisfy the privacy issues of 13 Reed Ranch Road. Also, the ceiling height of the gallery is 8.8' and the chimney is 2' above the ridge, as required by Code. Ralph Alexander, Landscape Architect representing the applicant, stated the rooms open up to the outside and there are wood retaining walls that will be replaced. They are maintaining as much of the existing plant materials as they can and are planning additional landscaping, and terracing the backyard, They want to maintain as much privacy for the neighbors and for the Lebrs. Regarding the view from the master bedroom, they are proposing a 48 gallon, 15'- 20' oak tree and additional screening for the down hill neighbor, Shrubs will be planted in 5-gallon tubs and will grow to their maximum height within a year or hYo. Daryl Devina, 44 South Ridge West, stated that although he is not directly affected by the addition he was glad to see that there have been some changes made since the neighborhood meeting. However, he is still concerned that the ridgeline of the second story will have an impact on the neighbor at 13 Reed Ranch Road and would like to see it minimized, He was glad to see the mitigation measure for 9 Reed Ranch Road. Didi ylaillard, 13 Reed Ranch Road, stated that the chimney is already above her house and she objects to the vertical addition. The square footage of the addition does not agree with the application and the story poles do not indicate the actual heights. She provided a photograph that indicates how her view will be impacted, noting that the windows facing her house would take away all her privacy and would create a lot of glare. Jackie Annes, 9 Reed Ranch Road, explained that her primary outside areas and inside areas would be impacted. The oak tree seems like a great solution for the outside but she is not sure if it will be planted on her property or the TIBURON DRB 6/19/97 EXHIBIT NO. I 6 ~ applicant's property. She woule. ~eed additional story poles that would tell the ,,"uole story about her privacy from her dining room. She is concerned about her light being impacted from her bedroom and the addition is in the direct line of vision of her master bathroom. She is not sure the baffling will provide adequate privacy or if the shrubbery over the retaining walls will provide adequate screening. The variance will impact her in a negative way because it will be closer to her than the current house. Therefore, she was opposed to the variance. She looks forward to working with the Lehrs in coming up with a good solution. As an aside, she felt that all voting members of the Board should be present to vote on the application. John Maillard, representing the owner at 13 Reed Ranch Road, stated that the second story addition will directly impact Ms, Maillard. Also, the application indicates a 600 square foot addition but the plans indicate an 800 square foot addition, and the story poles are not accurate. Trees have been removed which could have been used to screen. He urged denial of this project. Ruth Carlson, 38 Terrace Court, objects to the second story addition; all second stories in the neighborhood are on the down slope. She felt that this proposal would set a precedent and she does not want to change the character of the neighborhood. Ray Truman, 56 Reed Ranch Road, was concerned about debris boxes and portable toilets during construction, He suggested the Board place a condition on the project that requires the owner to place the toilet on private property and empty the debris box when it is full. John Silcox, 14 South Ridge East, stated that the impact of the second story is a detriment to the owners of 13 and 9 Reed Ranch Road. He would like to see a three-dimensional drawing of this project. He felt that there was ample room for the addition to be placed in the rear. Mo Mobari, 6 South Ridge East, encouraged the Board to go with staff recommendations. Andrew Thompson 18 South Ridge East, stated that the addition does not impact his house but he wondered how the Board deals with the expansion of older homes and still maintains the views. He felt the staff report focused on the main issues. He would like to see the roofline reduced another 6". The real issues are the view rights of the bedroom and he thought the solutions should be better communicated. The Lehrs have been very cooperative with the neighbors and would like everyone to continue to communicate and work together. He did not think this project would set a precedent. Norma Baunsteiger 2 South Ridge East, stated the addition will impact the owner of 13 Reed Ranch Road and was therefore opposed to the project. Mr. Bruce responded to the concerns stating that the story poles have been accurately placed. With regard to the second story, it is set in from the side and the front and only one section of the second story will be seen, and that has been articulated. The proposed living room will not take away the light of the owner of 9 Reed Ranch Road because of the sun pattern and the addition being a distance of 30' away. The screening for privacy will truly be effective, The floor area calculations are correct, they are proposing 597 square feet in the bedroom section. Because of the existing floor plan and the site, this is the most logical place for the addition. He has integrated the second story into the structure well. He noted that he did not place the story poles because he did not think it was necessary . Boardmember Snow stated that he had concerns about the primary views of the uphill neighbor and would like a change to the living room roof. He also has difficulties with the second story because it is not in conformance with the rest of the neighborhood. He would like the neighbors to meet and come up with workable solutions, Chair Howard wanted better communication to take place between the applicant and the neighbor at 9 Reed Ranch Road regarding landscaping, Something should be done more effectively about the bathroom. The view issue of the living room was the chimney; if the fireplace could be gas, the chimney could be eliminated and it might help mitigate the view, She would also like to See if the roof pitch could be lowered. She did not see any other solution except the second story and suggested aggressive landscaping that would help screen. She thought the stucco fa,.de accents the existence of the second story and felt the exterior color should be darker to lessen the impact. Boardmember Doane stated the dimensions are not so great but the impact is because of the small lots. He was concerned about using stucco for the second floor because of the large surface and was not sure that a window TIBURON DRB 6/19/97 7 , , would be appropriate in the nortU devation. He suggested additional skylights WIwout windows along that wall. He suggested an overhang because it would cast shadows and reduce the mass. He supported the idea of planting an oak tree and thought the hedges will work fairly well along the edge as specified. He did not support using the baffles to screen the windows, noting that the problem could be solved in a better fashion. MIs Doane/Howard, and passed (3-0), to continue the application to allow the applicant time to: I) erect a story pole for the chimney; 2) provide more specificity for the second story, including materials, adding an overhang, and how the windows would be treated; 3) examine the configuration of the skylights; 4) reduce the roof height of the living room (extend the gallery architecture); and 5) resolve where the oak lree will be placed. Absent: Fyffe, Beales TIBURON DRB 6/19/97 8 / / Jul-10-97 08:20A Dear ~ Debb;e Lehr " ~ 140 5unu N~" lA'LOIl Sl1.N ~RA~SCC. G1. 3410'-6417 "'<), " -ft- \..1., , 'If REST~UfW(f RES~ATI~S. f415.i 474~4'J~ " r.;U \'~\ .' \-", t' AOMINISTRATIVE::. (415) 474-\452 ,'. ~~) \{~ /l'M:li;loll~ (415: 41~-Oa3\ ~ ) II // 415 "?47946 P,06 L E H R D~~'BD ., IOUl .ROTH"". June 30, 1997 Jacqueline Annes 9 Reed Ranch Rood Tiburon,CA. 94920-2022 Dear Jocqvelne: Thank you for the meeting at your house. I believe having a profelSlonol review our suggestions from your viewpoint wos CI very politive ond wiso decision, I would like to make not.. of our Clgreed upon decisions to insure our mutual privacy. 1. The Lehr', will construe! a visual barrier to protect your privacy as soon os possible, prior to the commencement "f construction. We will then plant Silverberries "f sufficienr size to block the views of your moster bathroom and master b..droom windows from our yard, living room and 2nd story ma.ter bedroom. We will plant the Silverberrie, "s soon as possible within our con,rrudion timing. 2 The Lehr's will design within our plans to limit ,pill over exterior lig/1ting that might effed your property. 3. The Lohr'. will construct a solid railing on the mcst..r bedroom deck. A. The Lehr's will plant a 15 to 25 fact Native Cek Tree on the south side of our property to screen views of your back yard from our master bedroom. I believe thi. covers the issues dis<ussed ot our meeting. Thank you for your time and concern, IN e look forward to being your neighbor. EXHIBIT NO. :L p, IJ~ ~u'1-10-97 ~a:20A Dea~ ~ Debbie Lehr +- 740 Surrc:~ NEAR TA~LCR SAN FqAll(:IS(:O, CA 94109.6417 ,'. C' -.-~':'i.,!' ~Ji F1i1'<M'.It,ll""~1 ~;...I.ll~"" Ol'lllO: \41'51474-6478 ,'" r;; ) i~~~ AOlIIIIIISTIl4r:vt: (.:l1!5.47':'14~2. i~ "I if!; \(i, \ F'.~:Mllf 14'~)"74'~Jl , 415 "'47946 P.05 ..,.... .,' " .. _. -. ."..,-_.",,"--~'_....... LEH" ~~B'nl. ~nlu ."OTHERS July 8, 1997 Jacqueline Annes 9 Reed Ranch Road Tiburon, CA. 94920-2022 Dear Jacqueline: 111atlk you for your letter of June 29, 1997, T believe most items in my letter of June 30. 199i to you addressed the thlllgs that we discussed at our round table meeting at your house on June 25, 1997. C'ur letters mu~t have crossed in the 1lllIil. I have mentioned a couple of items that may not have been speciilcally ilddresSed in my previous letter, Regarding the new oak tree ~nd it's pruning, we will be v~ry cllreful to keep our tree properly tri1nmed. I think we should mutually take care to keep our trees lrimmed to prOIT1Ole healthy gro...th and lopping to prevent view blockage. while promoting privacy. 1 do not roresee this to be a problcm, We have always intended LO iTlStallthe retaining walls and lower screcning vegetation in the earliest stage 0 f c'Jnstnlction. This will accompli~h lhe privacy screening in the earliest stage of construction. The fence above the retaining wall will be a living fence. A metal fence with mature Rsca110nia growing within . The privacy screening will be accomplished m lhe lower planter by the Silverberry, This is how we can be certain that your master bedroom window and master balh window will be screened rrom our livingroom. yard. and master bedroom. We do not anticipate any problems with privacy screening, and wish to aCCllmpiish privacy for our house as wcll. Thc cxterior lighting Ii.lurcs are required by the City ofTiburOIl 10 be d down-tight type fIXture in order 10 prevent impact upon your property We would like to meet with you again to walk our property as well as decide where the o!\k tree should be planted. Perhaps the week of July 14th we can arrange to meet In the late aftcmoon. We appreciate your C()cpcration and willingness to work together to mitigalc the concerns which have been raised. - P:).J-3 Jul-~O-97 08:2~A Dgar ~ OgbbiQ LQhr ..y. 7J'-iSl..IIl:.R ';f;Un,fI.,::-.rt 5.lN o;""ol.N(;;SC:: C"" 'i.4I~~g4.1'J ,'. (;A ,- . >...' _b- "ii MEFA.I,;~.~l7 PESC:~Vol.,T'vr.s, ;4151.\':'4.64;81 ~ I, C:M, ~/' ~. . \ ~ " ;l, (J'" 1 N ~;; ':" A' A f' '/ f ' 41~i..74.14!:)2 Qi~ r,~) '-i.1't1,f F".loC~,r>l"_~ .4. ~ 5 474.0831 ~~ -\ I I I 416 "747946 P.07 L E H II nl3TB U~;~'r H II J 11 1l1l0THII:IIS June 23, 1997 Jacqueline Annes 9 Reed Ranch Road Tiburon, CA. 94920 Dear Jacqueline: As we have previously dicusscd we are very anxious to me<:t with you at your house with our architect. We would also be glad to have you up to our house to see things from our side, It would have been helpful to have met with our archit~et prior to our Design Review meeting on June 19,1997. We have now postponed our next design review meeting frum July 3. 1997 to Jul.y 17. 1997 since we have been unable to meet. Please call me as soon as possible to set up a meeting. Here are my numbers for your your conveinem:e: Office Voice: Office Fax: 474-6464 474-0831 w/voice mad Home Voice SF: Home Fax SF: Pager Tiburon House wlanswer machine 474-0832 474-7946 245-()516 388-5068 punch in your phone number then # wlanSWermg IDacbine-(not a geod number for messages) CC fI PC, ~x.~t{1 /VI11f V4/1ry /(;:/, Ql/Q4Z-- .... f,3JJ Jul-10-97 OB:20A Dea~ ~ Debbie Lehr ~ ""-1(1 'S,r-:r, 1'10.1... :At~U_" 5A~J FnM';I~:':'::" '.:.~ Q41':';!1f417 ,', ("} " . n_~ ~~~/ ~~ ,~~: ~ IIlI,l,NT ,::!p;la".o...-:cr'll:; 41::.4/4.t:).::id ~ _ 1) (;I/o "''W\ Vj ,\..:'-~ l - 'J' :"OMI"l;~-:1^"WC 41:":'414.IA:":~' (:0'1- -",' ..~... ;I"J/) 1_:; ""I'fl' ':"-I''-:~,~'Il.r ';"C:, .a.7J,.[)!-P' ~~" J"\ ",. 415 -"747946 P.02 L. II H R !lII,~1J.ll',U . ; It:}:" ',lIll Jill JJ~'\I . .~. 'f"'!.1 '... .. ROT HER 5 July x. I ~'!7 Didi \.failJard j 3 Reed Ranch Road Tiburl)n, CA. 94920-2022 Dear Didi: Thank you for the meeting on June 30, I ~~7 , would like to make note of the changes that we have made to our plans to mitigate items that were exprcssed in the design review board meeting as being of concern to you. I, We changed tbe color of:he stucco to a darker color which will blend with the rest of the bouse. We will modify the color of our hl)U$ tl) a darker color, as discussed during the nesign Revicw Board meeting. The CO)Qr chip will be forwarded to the nesign Revicw Board prior to the next mecting July 17th. 2, We luIvc relllilved 2 of the 4 windows in the master bedroom staiIway, One window was removed from 1hl: North tace and another window was removed n\1m tile East tace. The 2 remaining windows over the stairway to the s<:cond Ooor are more than 8 Feet to their sills. 3, We have removed I of the 2 windows in the master bedroom East face. The remaining window has been architecturally biocked from havin~ a view to your ho"se by way of the tircpla"" enclosure, 4. We are installing lOw level stair lighting in our suirv.ay to the mast\:T bedroom that shines light down upon the stair. This will mitigate concerns that the stairway might have excessive light spilling out intQ the view. 5, All skylights will be installed so as to tace away !Tom your views. 6, We will install a tree in our yard. as discussed at our meeting. The purp\lse wnl be 10 screen our master addition from you're house. This will address the concerns of mass and loss '.1f views of the trees in my buck yal'd. 7. nle roof will have a slight roof overhang to mitigate the" box - type took that was mentioned at the mceting. S, The master bedroom and livingrooms are now depicted by 7 story poles each as ofJune 29 Th Their are 4 corners. 2 roof peak and I f\lr the chimney, EXHIBIT NO. -3 p.I,,+.3 ~ul-~O-97 08:20A Dea' t.. ".',;-'. . ....,:/ ',.....;.~: .__.;t_.'!'~,!:.~'VY' . "~_~:' __~~', r,,, ....,.. -;'4G SIJr-(:i'1 Nn;l Th"'1l~ S;.N ~~"'''''C1SCO, CA ~109-i).4'7 , 0 "',/ '~ ,- ."it RE:>-A.'_RANT R[.:.f.i'lV"';IO~'5 '415.4746.4078 .. (,' I) ~~~; f' 4.DI,'I"l:S;-RA-,VE: i4~~: 474-'452. -'- ~,- ~~ J-'-f} i{1'!'Y , ~~t::;'''''LL ..til~'I'''''4-QBJl c.~ J 1\ ". 1. Debb;e Lehr , ~;;:;...,;, ~:I'::j.'::':';~,~:,b: ':~-"i~,~:':':./!'-';~ ~; .....47946 P.03 415 '~'~".f/.i 'J:- . 9. 1l1e Iivingroom addition tloor level was lowered 6 inehcs rcsuhing in a further reduction of height and mass. We sincerely hope these mea~ures help alleviate the concerru; you e~pressed b\)th al the Design Review BOll1'd meeting and our meeting on June 30, 1997. Please feel free to eontact me with any questions. p- J .+ ,j ?" Debb;e Lehr 415 1'47946 P.04 .', Jul-10-97 OB:20A Oea~ ~ 740 !!;.n rER NUR TAYI-OR S..,. F'JtAflC:l!5Cfl, C,1, 94109-6417 ,', <:1. J# ..'t. RUTAURA.HT RE;;ER\IAT10NS (41~) 4i14"i471! ,. ~ A!lMINISlIlAT....E.: (41')414-14'52 ,'. ~~,: ~J ::; '- i'1 F"[~i1IL~ \41S1474-08Jo ~ ~l LIE H R D~~'~D. ~'DIU BROTHERS June 25, 1997 Didi Maillord 13 Reed Ranch Rood Tiburon, CA. 94920-2022 Fax (415J 383-6905 Dear Didi; ~ II~, ~\ Thank you for your letter sent by fax on 6/24/97. We have been concentrating on r.searchi-lg our archilecturol alternatives r~rding Ihe various iosue. that were di.cusoed 01 the de.ign review Board Meeting on Thursday Jur,e 19, 1997. In order 10 make meani~ul change., il is necessary to spend considerable time developing solution. thai meel both our needs. I am pleased that you w~1 be available on Monday June 30, 1997 at 6:30 PM to discus the fruits of our diligent eFforts to mitigate your various conCerns. '" ~. 3 Q'( 3 , i I ~ Ii I :i ! 'I II ck., Ie.- #'f/~ hili hen J't,o to;nMUI?I4f77:~ ~i -/he ~eitl~' Ie cI J'n'7 /0 /~/ beCh ~~1iri 040 ~ t4}'fe.q- -It, /f -10 OCL~ I j7 II I il~, ,', 'I I ii' ','I ' t:' ' JJt.I'I,' ~ 1,.1 ii! i .11 " ;: 11 , , , p!:t'IC~"e.D JUN 2 4 1'1'1/ TOWN OF TIBURON F.).:<~ :::--:3 ~ st.:::"':)l~G DE?T:. L. Didi Maillard at920.2022' Telephone "~)n070,' r.. "S,)8~-6\lOS ~'/ft7 $c4tO 7 rJ · ;:~/)? g; YM/(/ 1/!/l12. - /Av 0'01' ;n1l/(It1,4{) ?"e /J 11 f ( '( {\-) t./1 y- 6fi' ] / ,?1ecTlt'/ f - ~P(II CpTi".hW ;J 0/ -ff" j /) C! /L I; I'h..--? Uf I 1;V~ ~ ,-u?~- 71f1I A.u~ '/t 0 "p "I' ~,<v ,'i,,,,J 1:1 i ! I .1 .1 !1 I iIi, :1 i il I i I' !! , , Iii I , I', : II 1II1 II , " n. ill .1' i ,1, '! EXHIBIT NO. -- " I, ,i1 i " ''rL~''-'f ";'tl f" ,,' \ ',.1,1, ,.- '~V~"-~,,I,,-.;.: C II /. I I ., I l' '-i 'i j... ~ --. ....... ~..... ~~~ -. ',", tf:l'~~J'\. {0.v'~:l; I~.~ h2',^,-,0.' " ,- ,.. . ---,-.~:'~n'" '~'_ GtY>\.., <"i'c :Lc'"-"':J C\. ~~~ :'-; :l.- .-ii.W:~ h,- t y:"(.<.~ ,x<"j"~_ (it J:.&.;. ku. ,,'-1., !2d.); J;~~~ ~.JJj! 1''7-,' .~' ',-) _ ~U~c..-C.L':"dl {tj'j'Li.-t t-~~a ,d ,1~c.f~ "-, I'... r;. , I- Iv.. 'ir'~'--<' C-, V--i<.A. 7'''iV_e.l-l...--rU(?,)<<' ~; ,g ./. ' / -' 3.d - .., d ., - /f- .1 ;; I .'j' r '" ~ ~<-..(-...lL. 7 d.? _. ~,C4j-i,'A'._~i f<JCL .0f ...<:~ ><..,{ 'lL.; '--:/1,. "~, ., ~ I,' '. ," \ I,: '.1 " t' '-'\.. :.-4-UV'c- ~<AL ~-"{. "-~"-:'1 ' l~ ."- I ct,..,u{ /u'<' ,:L.4J... /l.,,-- ~,-,' f"-<"--U..-M -1/, <-:II/. //,/ n"~u- Ii!. c ' h. ,,}.:' -- " I (" I __/_....._~9_1 /' r;(.r"(Li~//)VJ 1,A.cku,-A. .-e.-<Lw~, ,I: , '\ U kw.z ~b';l....'t.U '-rIA.- 19-ud,":' ,J;:. /t-'F1J iJ--tL.t.<....- v,,'1 ..,/::L..c'1-dJ,H ,~I...}I Qi0.{ li:n.~~'-k'''\..i{.Li.'r..' .;) ~I.~-::> )-7.,,~! (!/.0(,.,2;.l..(u~ .J.:., 'f.,c."ij t../,~It...J...., ..(.jLL..' ) itA.; r. j.,,,. ,'" ~ _'," I"L. J; / ~fr" ",\-<:, '- foL.( Y:, li:;-:; ,'- _, r"" ,__ L,.-n -.'\...C ..A-.. _C:..A4- I(...tU_ 6__~Y__j(.../t.L;.~-~ - ,) ) / / '1 ' 7/U'Uo.,;.u,V/ A...J --"" "'....7 ,(,I..-;J-<..-i, ,id." ,!L' ' '..../..i:w.> A.!i,..d...:U,z.--, >ttU~" ,";jJ .- I- j'-.>-rL.:.; - - A """'- ,I), ...,'" _ ' 1(, "i --(, .,7 "'" ..;t"',j' J.r-}'?" T;-e'\ nL"L(.> ""-/( A '--""', C-;C<..C/ 'u;::'-"-- U-(u-:/ l..dAL- ,';'~ ,,~'t~t. ~... , /.':'-- t:;,'f!\.i:. /u'1\2(.'C"M ......!} '1i..a-t~L.. ~ d'-7...'.J. k..f(.,f"u' '/.A.'-.u\f ~~.-;( jTYcet"'-:!/J i-',,; 'I . "I vii ':'- \ '1 f) '...,. / / " . v..i Y;; " 't/'~ ~.'-._~.....{ I ........c<.../': ~. t:t-rrL ~(,.C-1..J_!i.-! w~~~~_'7L /f.,f.",'-'f I "'L '!""t. --~.-t::..i' / v'-, ," ,^ ,) 'J J I I , /, ,1'-'" - ,... ,',1..;_ {Yd,!. U .'C,J Y.!L."" ~r....('<L,UJeCL ~_)L. v[,. <-"'(~ :U. Y-.X-J:../ /'-J...<.. :-< ,'), \ ",.., j"" _' I 7 j ,-", ,/." .~-/,,/, 1,-"-/ l ..........,<.-<---. llL~CZ ,"....vrC.d..f....0a....'L c'Z.{.t.tu,J'/-i.. -"".' ."",-f -1;'-",-,,-.-,,'//"'-- .-C-VJ..-. ..~::-. ;(~.tf U<l.':"'I..'~~ 'Y)'\, :J...(<-j ,.JI 'd.( "t.-0A-U-; c{...-;-.....,<! ,jk'.'((./Ulf--? ;L:i('-/LL~f' ..-c..v~! 'y..{.. --' L --;fu..~..(0t/.)", -/ I ,. v: .~)~~~,:~ ~MJt.~!~f -d; ~_'-fW-f-!-'I? ~~C- ,-G~ft/'-; ~ :f~ t..2Lv..yd.jJJ71 d...f<-!( ,&'t-;nr~Mi../J:..'W.o{ ..A-.t.~J p /'~'-f/7:...-" "'- 1iA--\{,..C~' I-.L--," .;l 'h.. 7' './?" ' .y,. ,{, tf, ;1.{,~~, "L{u-1f-~a{1'-d:.-{..i~A '-rl,(' '. ,4.,.(.3 71..L2:t..{....<"...;1 ---<-I.. ,v; ...-' '-- _ I, .If 'J/ }1' /' /.) ,', I cui.;;, (!,.{t..r7....l',,,- -t-<..;f tJL..... ,)L.12.L,-, a..-M': ,(..-4... ,1..J~ft(::.i!. /Ct'~..JZ--~"'~ ~/Ll.t..;'--/~LL! '-+- ctS /c'[.{.~J:-,")<'-;f.-~'.,;{ ~,' i (.A" . 4~,'.:..6:... ^, ' __ "1 d ,/ A Y ) ,/ r -,I-' , II i'l!' I" vN-u.Cy.' J.I-L<f'..) ~"'A..:2~,(..'-C.," ..): ,b ^-..?i...~1 L<..2.~,{J.J:.t../) "t. ""- t, J 1/ J.';-'; 'I' l- /' G j ~\.. '1,l.."4 '1 vf.-(.. f.4.,i.,~ ..J-L L(, Ui'..- ~:J(... ~', , () / , ,/ , " . . '-' L . \ - '^ ", ,/ \)--Y!-rv,.{i..U" .A..(,,,- /0/..'-1../_1 /U (,L':, '-H')'-<.. I,AJ'..tf.,''-L/''--'' ~tLl (.(,C'-?'" d~uU:~) c-u.-d..i..~J<< ('~-''-<'( '-<~7'7L..::(.'1 .t"~1 m t:.i. '-d!..:E'." ...{.vl._"-'("7k (~d..t'-' /-L.(.u. (("LIt/I'd'...! .......cc..~~ -2-1-4.. t. ///,0':1 , ! ,I / t ;.-dA-c1./'/''-;!!"j; ;1 714-, j . Zj--7\../;-c2-, / ( l -:;. i!.t:7! - /"." ~ '...J-(""tj EXHIBIT NO. G ~::-'''::~''i'~D r;lr / I tr Cj 7- 'L \ II' \- _~'.2J;7~1 !X-M..-- '.~ ~~: '1~~~J:;~?3~~ ~J::!::;. }tttuht ~ _ C Ttt YNL~ ~:t; aY 0r..z. ~ 7tu-ni4, JJ. 4~fJ fl-4 ob !_U(A~ ,~hZ1-t0 M ~ ~ iuJ ~A.v^- ~ du ~ ~e.. xfte l.Q... ~ ,-tU0J./ ~ r:P,'t.A. 4W% ~~r 'k U'. . \-fir.- ;4J-'v~ ~ ~l<-L ~, di (LUL u.. Y/lL ~ ~'cjJ;, ~ eJoj (q q-=t _ ~ ~ tV> ~L-L f:c.:' daq V '11.1C--?,( d c4 ~n..ia~ ~ W ~1J1.~' , f?j~ MM.~ vb~~~' ~,' -O~~~ I/T~J~~ ~ ~ dUJuun . <-f1u.--t d.uw--v. .M_ ~ Mw. .~ ~ "'f ~ Micdh ~~ h 1M- ~ M (f-Uke v/wrrJ Ct/.) ~ t . Au. ( U...u. l(J -<oa-, ~ '" ~ ~" ;; ~ ~-yl ALf ~ .4 ~;;J~ - - ~!lCf! dc~.~~,~~ ~(.A :dt ~r-- ~.ew (~ ' , rdw1-U 1J( a,~. ~f;~ ~ \J) ~ ~ ~ A-V-t .ML.W ~ XMd do 1"A.a.Ju. ~ ~ .. f'<l ~ ~LL Je, cb. 'J2J ~ J'..<-iZ.L EXHIBIT NO. 1- .,. ~,iuJ! ~ i-~. '.v ' fU//cU ~ / ~' 3~ ~. -/. C/ / 740.- c /-UU-if..VD I 7- - . MU/ ~(f do << tu..."--aJ tlMi.. cUU.t vb l'ivu5t /41.-/ \f/\.-, :J:- CLU' tl/) "~ C0 ~ M){tQ) ft~ ci AdJ' a5!t:J W~ c ! cU.A ~ ~;(A W CUtu ~ .,h ~ ~ '-1;W - J ~ ~~ ~~ - y.,ulfMJ ~ do~~~L0~Wu,~- ~()~~ ~ ~ tr~ ~,~c 74du. drr?U-,/ ~. ,~~ ~ d.L~_ \.Q~d ~ YM Ml-C<~ ~.j ~J 'i2 ~~ L{u 'tI{ ~~ J;N ~'fA~~ ~~-~ ,/UVrM ~ tLJ~;UW ~ ~Y- ~ ~0J- ~ 1'7uJI ~ t!~e /?LL % ,db Nuu- ~ , ',iJ~ ~ tMU ~if\.ftv' ct~ ~- > ~~ ~, ~du ' ~4-.. J- ~ .J tvLw. . . deL "'!J~> /WJ;1u~tf~ct ~ Y:v, ~ ~~~4~~:j ;Jvn WuL; ) r:e~. .... - - June 28, 1997 furnishers west, inc. 14 south ridge east tlburon, ca 94920 (415) 383-4485. (707) 258-1048 Fax: (415) 383-4538 ---...-......--..,.-:-o~_ .7.~_. , "' Co . . ---:11::-" "_ u Town of Tiburon Office of Design Review 1505 Tiburon Blvd. Tiburon, Calif 94920 - . 1-'-~l..'~Ci\J ';"'~:~.":7: My name is Colleen Silcox and I reside at 14 South ridge East in the Reedlands. I am a practicing interior designer and studied under a well known architect and interior designer. I was present at the June 19th meeting where the property at 11 Reed Ranch Rd was under discussion. \ wanted to contribute my observations but I realized the meeting was rather lengthy and I did nC,t want to appear redundant. I was very pleased that the property mentioned was planned for remodeling. I welcome the new owners and I do hope an amiable settlement can be made. I did not know the. neighbor at 13 Reed Ranch Rd until the day of the last meeting. I was curious enough to call her and ask her if we could view the property and form a conclusion independently. She was most courteous and invited us over. My first impression was there was no view lost; however, I sat in her home as if it were mine and I had a very different opinion. It took me awhile before I could envision the solid structure because the story poles did not tell the true story. Her view which is not just a bay view or a mountain view or a forest view but a total picture which she purchased a number of years ago was completely overcome by a structure whose scale was overwhelming to her and the street. Reed Ranch Road was rather skillfully planned during its time and I would hate to see a precedent set to add additions that would destroy the fluid lines of the present homes, The Reedlands today are composed of aging homes that are commanding hefty prices. They do not compare with the larger homes in the surrounding areas as far as square footage and more modern kitchens and baths etc. Why do they still command very good resale......THE VIEW!!! Our houses in most of our cases in the Reedlands are our largest investment. It is natural that we want to protect it. There is no question that some houses are going to be dismantled to make room for more modern housing, but why should they be built at the expense of existing owners. It is necessary that care of the original Reedlands plan be preserved, I therefore ask you to consider some correction in the plans so that the new rear structure is not so dominant. Thank you for your consideration, Sincerely, ./~~ ft. ~ttf EXIDBIT NO. ~ ~ rCJ~3-41 wUv~)G, Ct L{ Cf49- . ';""~""'~"'J"'"'D .,""'''' -,,: "''!HI'I'""I _;:a';j' _1 "._",," ~ -.~ ,:.; ::t7;:~~;,':_C.'!____ -. .'~. -. .-'..,._- . - .....:....".. r- ao/ 11'97- k~~); ~ ~ -4{. ~ ;tIu JLaVc.- ~ ~ .J 214.. ~ ~..Q r~ AViU Mttd Uun ~ &h- ~tU i '1/'~ ~ CU~ a..d~ J II ~v~~ ~ ~~vdA~ A,{).t ~I )bJ ) tl~d. ~~.. < ~ . ~ ~d~~-UL~ f2~ ~ Yk ff0/+ ~o 4vn~) ~,~~ EXHIBIT NO. q .,;- 1fO '&N 34-( ~()~) Ccu. Cjl.f 'N8. o :':~"!,\~"'"\.,i~~ , _. ..::>';;y' ~~, ~.A-</~ Joa-~ge; ~ '..P ;u~td ~~ ~ ~&a)I'1q1- ~ ~Yxtt..~CJ~?")t~~ ~~. ~ ~"'r:p.t.t~~,,,,", ~~ I ~ ~,AtLa. ruL <<-tLul ~?n C?9 1?7L~P--f ~ 1{/-~,,7~~~tJ ~~~C;t[tu( ~~,~ ~.J-v ~ 626~ hV-f'W) ~/ ~ ~~ ~Ib/~ ~~, "-Q~ ~~~~ ~~/Y.J &.JuA,,7/;;.._~- --M tt/!1utl-' <fLU) lQ ~- /~- ;;;;j' ~ y ~~~ ~O? ~-JtULb. " du~ ~ ~~ vIvvI ~ ~v-W ~ tfJ-U ~ ~ ~ ~~. \,Q f:f;i.uuI ~ ~ ~. ~ W~ ci7JJ.U . U~ ~ .dJ r~'I-~>1MUft~~ \{ ~ ~ ~ Y7'+f ~ t:VU.t0 (Y4.L ~ ~,,-) ~ /-U ~VU ~~ LJ ~iS ~<t.4 ~4ff//A:'A.# ~~' '-lu' ~ ~ ~ fiL, 'eet ~;;:~:::zt:: ~;:::; ~cz./7U{e4~ ~ - J-J~~~~ ~~~ ~ ~..d lJJI~~- *~ ~ 'tt-V ~ ~ 7'lUW 4~ ~ I&-1L ~ - r J::::.~~ ~ ~,~ ~ d ' Vl::t::1f;I;"tAai LU-Z. -..-.,'"; -. :-,->'IJ;::C,'l " :, ,.... - ~r 0( q I /1 '1 =t- EXHIBIT NO. /0 F F ~Mf~: - ~ o VlLd' ~ ~4! &JC!./ ;::"~, ~ ~ ~ ~e,-,~ ~~ ~:h1. ~ (fVcU ~Q. ~~,~ +v ev/u -but, ~ ~ Ii Wee ~ ~ 0-e ,.44W VW A.f\. '7l1Yr?d ~ ~~ 7k2 ~ ~ 'tU ~ ~ ~ 45l cU-! ~ ch ~ tfUIu ~ ~ (Jt/ 'dAuu.-J -UUA~tL~ ~ ~ ~, . ,:9.J1,v;fp~ ~~ tdJ,UI.. ~ki/>> ~- ~'AI;,",~~~We. ~~ -~/~~~~. ~ . ~,;Iul >>r.~u~~ ~ ~M~- jA(1 ~~~ ~~~;J~~,~ ~ H{~~- ;du~ <-tU~ ~fu4 ~ ~ 'P::lAL A,LU! -tU j;0u.d1;I ~J I ~ ~ ~ /lJA-~ -4Ju Ite ~cl. ~ d.-~ cl~1iJ ~ tL ~~ cb~~ ~ \..)/0, , 3)~~~ ~fl{~ ~o&u/'A-/ ~ ~ ~ //JJ~~, .MH~(j7/-'(,uvlfu.~~ A~ (/.-:_v~-;~ &-t-L'~ ~ ;:ij e~ '" , - - ~/'2iJJ; 4)~ Y-Ae~ 4 ~~ ~'4~ !<< 77yiLt-U.~,v ~~ -J;~tJ 1L<j -A~~~~ \ 'Tnl, 0~TIU~~~p~~k yUdj ~d-~ ~ ~O/ad~~ w) :::t1~ f11~ YIUj YU~;) rr~ dV ttI.r~Q cL - u 4) ~ A-~ {tU:f ~ 4.fl~J /40 ~~ #~ Vlu. &~ ~~ ~ ~ ~ ... +w~ ~.. ~w~~ J ~~aA Yk~~ Vo~ ~~~~A~~ t)a~,,4 '-It-e '. ~ ~ ~ ~ ~ '~ Iu . /JU a.. '7t/lZ ~~~~~. \.2~ ~F- It ~tLt<<' ~ ~ ~L &-J)At e.~ ft:;.-n. u..- ~~I kdU'0.' - ffc)t! ~ ~ . Y-Le, fJttoV,' , '~[7 ~ tUIY( ~ /~ ~ ~.u-}i;, hut ~ ~~~~,- .' ~. \.Q ~ ~ $uLtJ ~~ ;J~'~!-t~. tpbvlu.~ ~ %~ ~d .y/uri/t:lA0 ~ ;;;;:r/;:sVl ~d~o~~'~~~ ,J Ut.(L,,yJztf Vie W eJ.-,Cj:f;, ~ r:iJ~. ~ ~ u~cuPJ/~? I W . . ,: cbu-~ ~ - ~~1' . '-iJ , ", \z ~~ ntt..Vt ~u.&tz. ~,~ (/ ~M 'cLA. ~ uHLt.A1 ;u,.:d.j .~., .~te vk '7(~Z0~ - ~ Ja-w ?X-z. %, ~' / (j~ ~. , ~ ~ ,~ ,~ ,. ';:~. "~,~,,,~,,,;-"">' r."'-l-.,,~-^,j.'~l' .~.-'~;"';',~......,",-~" 13 Reed Ranch Road Tiburon, CA 94920 July 8, 1997 ~~~ . " ~"O ""'""0 'O'%sJ -.... ~. ., , Design Review Board Town of Tiburon 150S Tiburon Boulevard Tiburon, CA 94920 Re: Proposed Additions/Remodel - 11 Reed Ranch Road Dear Board Members: . ~,~. -I",';::: i ',- . -',-;.~,~CN - -., ';-\2 .:~~~ . .. First of all, thank you for your consideration regarding my concerns at the June 19, 1997 meeting. Thankfully, there have been some slight modifications. However I still have adamant feelings that not enough has been done and that my repeated requests are being ignored. Per the recommendation of the DRB meeting of 6/19/97 to communicate our differences, Mr. and Mrs. Lehr, Hank Bruce and myself met at my home. The contemplated changes to the windows in the master bedr=m, kitchen skylight, and dropping living r=m six inches were discussed. First of all, Hank Bruce said the story poles were cut 6 inches. Since Emest Murdock and I were watching when the poles 1 were cut we would like verification that the amount indeed was 6 inches. I reiterated to the Lehr's and Hank Bruce that I was not at all in favor of the offensive chimney pole. I asked what the diameter was and was told "about 16 inches". About is not a satisfactory answer. My discontent was also expressed that the r=f was not made level and Mr. Bruce admitted that it was a matter of aesthetics. My displeasure is obvious at both the spoiling of my view and the massive structure that can hardly be called "nestled". All visitors that have seen these poles are appalled at the lack of consideration of this blockage. The objectionable chimney for the proposed living r=m fireplace is directly in the line of view from a major part of my viewing area. Furthermore, I informed the Lehrs that I consider this multiplicity of three chimneys to be excessive and potentially hazardous to my health since the prevailing winds carry the smoke directly to the windows on the bay side of my house. It was mentioned by Mrs. Lehr that the primary reason for wanting this fireplace is for the Lehr children to hang their Christmas stockings since the other two fireplaces won't do. I gave the Lehr's the article regarding the family on Via Los Altos who was instructed to put in an electric fireplace and Mr.Lehr said he would investigate that. EXIDBIT NO. II " - 2 - Mr. Bruce seems to think I "owe" the Lehrs! For what? Destroying my view , privacy and peace of mind? I need to prese:rve my r~ghts to a view and privacy which I purchased many years ago. The Lehrs and Hank Bruce were info:rmed that it is not my desire to prolong this situation and hopefully we can come to some mutual agreement, If not, this case will have to be appealed. I urge the Design Review Board members to come view the revised story poles and implore you to look ~n this situation as if it were your home being threatened in this manner. Both the view and the f~nancial value of my home would be adversely affected if the present plans are author~zed. Sincerely, )$ k" ~C<<~ L. Didi Maillard ~ ~ 06/1811397 15:57 415388:523 CS&H PAGE 01 Cagwin, Seymour & Hamilton Realtors 2061':"" Rhrhedale Avenuc Mill V,liley, C.,I,fmnia 94941 (4151388.5113 FAX (415) 388.2629 ~-, ----~ ~ --. June 17, 1997 -:--- Didi Maillard 13 Reed Ranch Road Tiburon, CA 94920 "r(' '- Ref: Planned Improvements to 11 Reed Ranch Road Dear Didi, After my reeent visit to your home it is my opinion that the planned improvements to 11 Reed Ranch Road will have significant impact on the value of your home. The claim is made that improvements to any adjacent property will enhance all property values, We're not denying the value of a neighborhood upgrade, but the proposed improvements will adversely impact 13 Reed Ranch Road. As I mentioned to you the value of your property, while a lovely home, is essentially in the lot. This lot has an extraordinary view of San Francisco and the Bay. The height of the improvements at 11 Reed Ranch Road, as indicated by the story poles, will impact on that view. Also, the addition of the upstairs bedroom with windows facing your bedroom will, of course, diminish your privacy and the privacy of any future owner. Therefore, in my opinion, as a lieensed Real Estate Broker working in Southern Marin since 1961 the planned improvements, while in most cases beneficial to property values, will, in, your case detract from the main selling point of your property: the view. If I can be of further assistance please do not hesitate to give me a call. Sincerely, ~ ~?\ -~ Dee Murphy Binn Real Esate Broker . , , t.:' ~>JI ~ jg-;, . -: ':11 .;.1.~5B':!7~l.::l0 DJ ;.:::::A'"'ITJN ;iJ~VE\" ='~GE 01 ...- OJ SCRANTON SURVEYfNG ~ 845 Olive Ave., Suite ZOB Novato. California 94945 (4151 897.2663 >-"", ,,,,; "'<--'~.... "''''''"", .'.: ~-:-) '.1 , July 10, 1997 "~""I ~ .,' ":-'~ ;~ Planning Department Town of Tiburon 1505 Tiburon Boulevard Tiburon, California 94920 R.: Story POl. V.riflcation A.P.N.39-243.16 11 Reed Ranch Road D.... Planning D.partment: The purpose of this letter is to Inform you that on behalf of my clients Dean and Debbie Lehr that i have verified the story pole locations and heights for the above cited lot according to the revised arChitectural plana prepared by Hank Bruce Atchilects, dated May 6, 1997 with the h.test revision dated July 1, 1997 delineating 8 Iota I of 14 slory poles. Should you have further questions please contact me .t your eartiest convenience, DJS/ds Boundary . Parcel Maps . Subdivisions . Construction Layout . Topography EXHIBIT NO. fJ .,;:. Po ~~ '3 '-t I ~1U~J Q,~4.ttLf~ ~~, . --"~~~}.-1o;:'":!J""" .- ~~~) .. , " ~ 1 ,-' '.. .~ r : . ; ~:-. -~: .'~.<"i';~:'::;:,~~:~:~~.~:.~..: ~fel (Qq'1- ~/ ~ }AWk~I/ It ~ Ate..4~ V-/u ~ ~ gu0Ri /Qc;-=1- ~ \1 0'r~Jo ~v ~ ~ It ~&a4J Md. P ~u A.LiUl M~~ iLd '7iUu~_f. k i-d.-e '-f~ /fL'tf /1; /tj'i ~ ~~, j/ ~1a~~, ~uJ'~' EXHIBIT NO. I.) " rO~3'-l1 f'N.lJ lJcUl4, ) Ca. 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()--l-iU..( -:rnt<-t-<<-. <<:~e (!{ ,t(1) ~ , , j f:-J '/w...{,L{. .A~L fr..t.-! rV'.tL1/~J /0'jp-~U!-~ };,u.r !o<:.tu.c ~ JJ.-t t-d..Ua (~~.~' /!.tl.i0 'tlu9 I:j ~/hL /~..L~,i...u: o::.gJzz,,,-fLUl ~ {Y. ~ '7('~, ,;2. A/vLt~2.rd ~1'r- "IU c~ ~L{,ct ~t4ttL.Lj~u CfC.Lyl/1 ?L-u , " _ 02 o{,<'-' du tvk --vI. ,UJ d",- tLU ;.a..-'<...- 1L-t-a...!... /_...w.t:.!..~S A ftl.l[(..,~ bu.1v - rJ! -k:/...t.L( aC-l'O_<--Ui( 'Jlcc ~f.Ilcl)it.'-t I ~ ;W-.<-d ~(k~ ;u.~e. , \, 2- ~{,{,<-t-u.i.cf. r!'1f'''~i. Uil.z. ,A,l 7.::j t1 ~~" ~2.?J {.l 0-.' ~l~ ~..., 1ft.~lL.!t-q tlU J . /' o..-J J:1 \.9. ;t.d-U-l4.., A-U- A.:-tt.~~ tI~i,1v .iU~ ~ ~ ~L<~ r~ '~r7< . f;ita~J l?rt~ ~ . F Janet Raiche and Alan Perper 17 Reed Ranch Road Tiburon. CA 94920-2022 p~,,,..,.... .. '''~',' )'~""';;o.. '.'7j:'Ila~ JUL .,~ 1 1 17~'1 r.......1..\ ..... ~-,-~""/; I'~,:,-. r __..", '~"., V. 11"1 r~ -.,,~ ~ .s~,., "-;'":!""!9i\J .-...,,1.i~ ,....,....._ -..::.;-1:. July 9. 1997 RE: II Reed Ranch Road Dear \1r. Anderson. The new story poles are up at II Reed Ranch and the truth is clear. The second story addition is higher than indicated before and we now see even more of it from our living room and yard than suggested before by the previous story poles. There is a simple solution to the problem that this extra room is causing. That is to put the room all! instead of lip. There is clearly enough land on this lot to do SQ. Mr. Lehr even recently removed trees that increased his open lot 5pace, By going out: I) Mr. Lehr would gain the added space and extra room that he seems to want. 2) Th~ vie\\! and privacy of his neighbors would not be greatly negatively affected by an outward addition. 3) Th~ architectural character of the neighborhood would be maintained. The only reason Mr. L~hr would possibly want to go lip instead of oU! is to gain (J vieH'. This is a view he did not pay for. This is a view his neighbors did pay for. The present plans would negatively affect his neighbors' views. serenity and property value. It would also set an awful precedent for the neighborhood, and Tiburon as a whole. The houses in the neighborhood were built so that any additional tloor5 ofa house were built into the hillside, as opposed to upward, Mr. Lehr should be asked to do the same, Since the proposal of going out. instead of up would m05t likely satisfY all the parties involved. we ask the board to strong I, consider it. Thank you. Sincerely. .. .. -//_c......,.-.-;::~ \--" a,~/./r /'---...... Janet Raiche and Alan Perper EXHIBIT NO. Ib <>' EXHIBIT 9 / ffilrlJE ~@IPY1 F. OLD BUSINESS BEFORE THE BOARD 3. 11 Reed Ranch Road Lehr AdditionN ariance Boardmember Beales recused himself from this item Applicant presented the Board with photos taken before any work was done, view from living room, and with story poles. Hank: Bruce, Architect, explained that this site does not lend itself to expansion in many places. The addition as proposed is within setbacks and height limits. The ridgeline and chimney caps obstruct very little water view. They have dropped the ridgeline 4" resulting in a 6" step down into the living area. The chimney is where there was a 70' tree. He felt that the fireplace was a very central component of this living area and should be retained. All the goals mentioned for the bedroom addition have been achieved. They removed a window to alleviate privacy cone ems and moved the skylights to the west so they are not visible. Stairway lighting is low and will not be lit all the time. They opted to keep the stucco exterior, but in a darker color to blend into setting. This stucco element will carry over to other areas, They added more overhang so the kitchen is obscured. There have been a lot ofletters written about this project, but the Lehr's want to do their best to work with the neighbors. Ralph Alexander, Landscape Architect, stated that four large Monterey pine trees were taken out. They were not in good condition and were way beyond the roof-line. Changes were made to the landscape design to enhance privacy and views. To screen for the downhill neighbor, Ms. Annes, a large mature tree will be placed in front of the bedroom addition, as well as 8'-10' high silverberry shrubs along the propetty line, and they will do onsite modifications to satisfy her concerns. For Ms. Maillard uphill, a 12' high tree will be placed to screen the proposed bedroom from view of her living areas. They want to resolve the issues and be good neighbors. Chair Howard asked what the height of the tree would be ifnot maintained and he replied possibly 15'. Dean Lehr, Owner, explained that they had investigated many alternatives at the beginning, including having the bedroom set into the hill which resulted in a view straight into Ms. Maillard's house, He felt that this design was clearly the best for all. The pines removed were beetle damaged, but their removal opened up the view to and from the house. There were trees in the spot of the addition that he thought were at least as high as the addition. He felt that the stucco was architecturally more pleasing and they agreed to the darker color to blend into the surroundings. They moved the bedroom chimney out, which blocks the view to the Maillard house. Exterior lights are soft shielded and runoff will be mitigated with redwood bark. They selected oak trees for the size and shape, Chair Howard opened the discussion to the Public with a limit of three minutes per person. EXHIBIT No.l T1BURON DESIGN REVIEW BOARD JULY 17.1997 PAGE 4 " Jackie Annes, 9 Reed Ranch Road, said she feh they had come up with a formula for agreement and noted that the oak tree would be off to the side so as to not be baek to back with her pepper tree. She felt this agreement should be a condition of approval. She thought the privacy impacts were decreased and hoped they were not setting a precedent for bigger and higher homes. Didi Maillard, 13 Reed Ranch Road, stated that the applicant had made an attempt to mitigate the impacts, but they had not mentioned the living room and chimney. The trees that were removed did not block her view. She had concerns about the intrusion of her view and thought a flat roof would be more acceptable. Her architect thought the living room should go down another foot. She commented that the Lehrs have two other fireplaces and this pollution all blows into her house. She wondered why there are guidelines if they are ignored. John Meyer, Architect for Didi Maillard, disputed the applicant's claim that they were not able to see Ms. Maillard's house from the bedroom. The darker stucco and moving the chimney is ok, but they are still there. He stated that there was no way to hide the patio and urged the Board not to approve this application. Alan Perper, 17 Reed Ranch Road, supported the Lehr's right to build, but was concerned about setting a precedent. The goals of the Reedlands area isfor the architecture to blend into the landscape and there are no stucco houses in the area. There are 27 steps down into his home, so one step is minor. The lot is big and there are other options, but perhaps not with views for the Lehrs. Norma Baunsteiger, 2 South Ridge East, spoke in support of Ms. Maillard and for herself as a recent new resident of the Reedlands. Good esthetic construction, privacy, and views should be kept in mind. The bedroom on top of the roof is not integrated into the structure and does not match the Reedlands. Ana Rose, 16 Reed Ranch Road, stated that she was on the board of the POA for 28 years and their biggest problem was trees. There is no way to control their growth nor to insure their maintenance. Kurt Kuall, 43 Upper North Terrace, stated that the house in front ofhis property is for sale and they could be in the same situation. He was concerned that this project would be precedent setting, that upgrading is great if done within the guidelines. The lines of the house should be respected. He felt that Ms. Maillard's view was blocked, that the bedroom addition should be on one leveL and that the chimney in the middle of Ms. Maillard's view was not aeceptable. Ernest Murdock, 13 Reed Ranch Road, commented that trees can be kept trimmed, but a building is just there, Diseussion was retwned to the Board at 8:35 p.m. Boardmember Snow stated that he had visited the property and that lowering the roofline was a step in the right direction. He did not agree with the present location of the fireplaee and would T1BURON DESIGN REVIEW BOARD JULY 17,1997 PAGE 5 '" like to see it relocated to change the elevation and location of the chinmey. He is aware that neighborhoods do change, but wonders whether the second story is appropriate. He was happy to see the neighbors working together about the trees for screening. He was not in favor of stucco and wanted assurances that the skylights would not be illuminated. Associate Planner Borba stated that the skylights were to be bronze with no illumination. Boardmember Doane mentioned that the skylights were tihed away from the neighbors. He thought that the Lehrs and the architect had worked hard to comply with neighbors concerns and that there was not much more that could be done with the chinmey. It would be in a pit if lowered more. A number of the issues have been resolved. He did not want to see a second story, but the Lehrs want that for the view. The bedroom area is small and it would be difficult to keep on one story. He had some concerns that there was nobody supporting this addition other than the Lehrs. However, he has seen greater view blockage and these lots are small so the neighbors are close. It is unrealistic to make changes and not have an impact. He felt the Lehrs went as far as they could. Chair Howard stated that the Board has seen greater view blockage than this application represents. They try to retain as much view as possible of San Franeiseo, the water, and the bridge, but the Board cannot stop ~ change. They try to look at each case. In this application the second story is over to the side and does not obstruct the view nor intrude on the main view of the neighbors. She felt that the stucco was the issue and should be siding. She wanted the chinmey in the living room to go away as a tradeoff for permitting the roof slant. The Lehrs deserve credit for working with the neighbors and thought perhaps the tree could be placed on Ms. Maillard's property to control the growth and view, Boardmember Snow thought the location of the addition respected the views and that it should be siding instead of stucco, but that could go before the Administrative Panel as well as the chinmey. MIS HowardIDoane to approve the application with the conditions that the surface for the overall house conforms to some kind of wood siding; that the issue of the placement of the living room chinmey be resolved in a way that it does not block the view of the water from the property at 13 Reed Ranch Road (from primary rooms that we are to protect), this can be done either by relocating the fireplace, choosing a different type of fireplace or by eliminating it completely; that a different type of tree be substituted for the proposed Afriean Sumac at the right side of the property so the view from 13 Reed Ranch Road would not be blocked; that the conditions in the letter of July 17, 1997, from Jaekie Annes be included as part of this approval. The wood siding, the chinmey relocation and the tree substitution must be reviewed by the Administrative Panel for approval. (3-0) Boardmember Doane left the meeting. TIBURON DESIGN REVIEW BOARD JULY 17.1997 PAGE 6 / EXHIBIT 10 ..J~ /37 11' ,13 :~,'H=:;m,J~,( .....j8T=_ ~;:;.,j =;::A~Cl~::J -;. 4154352433 ~c. ~S7 J31 ....,... 740 SUTTER ~AIt "l'lI.YI.,Q~ SAN .....NCI$CO, CA 94IC9~417 .', (). h ..)f. !qtsT "U~"'NT Ri:S~V"TIQN$,; 141'5) 414-0478 ,~ C;;) ~\ .(\~~ l' ACMINI~A"IVE: (415)47,..1451 ,'- ~~...,: J.;-: '" IX I" t rAC5IMIU' (4151-474-oa31 , III / LftTE- rnft/L - ~E! ~~ Ccfy -.,"-../ ..~....,.-, LEHR m~'BO ,. Iln~ - ,'~L.:;Cjl,j . - ::: C~?T. .. ROT " IE It S July 15. 1997 PC51-ll" Fax NOla P\a... Z Design Review Board Town of Tiburon 1505 Tiburon l3lvd. Tiburon. CA 94920 Phone II FlV' ~5- 24-?f6 ax. Re: II Reed Ranch Road Dear Board Members: This letter is to reiterate the solutions we have offered to mitigate our neighbors' concerns with regard to our proposed addition ..nd I'emodel at II Reed Ranch Road. Since the June 19, 1997 DRB meeting, _ have continued to communicate with our immediate neighbors at 9 and 13 Reed Ranch Road as well as work with our architect and landscape architect to review alternatives. As a result We have modified our plans to diminilih \iew blockages. privacy intruliion, spill-over lighting and blending the second stoty addition. We encourage the Board Members to visit 11 Reed Ranch Road ..nd the home of Dldl Maillard. as she requested in her letter to the DRB dated July 8, 1997 to view the revised story polE:s and verifY the significant effect thE: lowering of the story poles has made. Please note that the heights of the story poles wen: lowered again on Jllly 10. 1997 when surveyed by DOllg Scranton, sUl'\leyor. In meeting with Did! Maillard at 13 Reed Ranch Road on June 30, 1997 and July 14, 1997, we confirmed that by lowering our proposed living room addition. the view blockage Is very minimal. It should be notE:d that the water view for 13 Reed Ranch Road where our story poles now stand did not exist until mid-May 1997 when we removed several tall trees and shrubs. The photos which velifY this will be available at the DRB meeting on July 17. 1997. To protect the privacy of 13 Reed Ranch Road we have removed three windows in the proposed master bedroom addItion. ..nd bumped out the fireplace enclosure, thereby eliminating the line of sight to 13 Reed Ranch Road f'rom the only window remaining in the east facing wall of the master bE:droom of II Reed Ranch Road. The 2-stahwell windows at 11 Reed Ranch Road have sill heights of greater than 8 feet and therefore, are not of concern regarding privacy. The stairwell lighting was changed to a downlight placed at rail height. eliminating any chanCE: of spill-over lighting intrusion. All sk)llghts have been modfRed to face away /Tom 13 Reed Ranch Road's view. ;::1~ 1-:' 37 ~ 7.40 SJiTEfi' ...(~ T,o.VlOA S~"" FqANC:5CO. t:A 9<1109_8041' ,'" <:il.. " '.'t: ):;.,,-:::; 1i ....E;STAl.,ltAI'IT RE~~R'/ATION$. :'4 15j 474-8479 r::;fJ ~~~ l' />,:J"'Ir.'ll'-~~;Vf (41~14i4'r4!2 ~~ JJ~ \!/i"/ FACSt/fll..f (4151474.0831 ~ ) J I 11:3iJ :-,:!''-IT=:~BURy' -lClT=:~ S~'-i =--~qr~:! ';:J ~ ~lS43S2433 .,1.].357 ~a2 Letter to: Design Review Board July ]5. 1997 Page 2 In order to protect privacy and screening the upstairs addition. we will plant a large tree on the north slope where """ removed an unhealthy and diseased 75-foot Pine Tree on June 3. 1997, If this Pine Tree could have been saved. it wo,dd have SCreened much of the upstairs addition from II Reed Ranch Road. as well as provide privacy for 13 Reed Ranch Road. We are also concerned about privacy tram OUr neighbors as well and fully intelld to replace the dead landscaping which was removed with appropriate plantlngs to lIClllellE: a mutually agreeable screening. In response to the concems of Jacqueline Annes at 9 Reed Ranch Road. we met at her home on June 25. 1997 and at JI Reed Ranch Road On July 15, 1997. We belle"" we have addressed all of her concerns regarding privacy from both our living room and upstairs additions. I h'lYe enclosed our letter to Jacqueline Annes dated July 15, 1997 which should complete the agreement between us and her regarding the proposed landscape plans and additions at II Reed Ranch Road. We believe that the proposed addition at II Reed Ranch Road will flow with the neighborhood which cOllsists of many two-story homes. The proposed improvements will enhance the property values of surrounding homes. Before purchasing 11 Reed Ranch Road. we confirmed that no CC&'R's existed with authority over the property. We knew we would be bound by the Town of Tiburon Bubdlng Codes and Ordinances exclusively. Our current plans work within the Town of Tiburon requirements and within the spirit of additiolls previously granted! Since further delay would cause hardship to us due to the tight construction timing to beat the winter rains for removing the roof of our house. time is of the essence. We ask that the Design Review Board approve our remodel and additions at the meeting on July 17, 1997. Thank you for you,' time to re\/few our request! ~ .,J I ~ 1,' =j7 - ....,... 740 SU-rEII: NEAll: T"y~O" SAN F~.ol.N~iSCO, C,. 94'09'0417 .', \), I' - . - ,~ ' '~11 RE:i7AlJRANT REStll."PiTIONS; ~415) 47""&4H i~ r. ) ~~~ l' .\.OM,..'STRATt\iC (415}474.i4S2 ~b ).~ ~It\'" f~~iNll~; 141SJ4U.083' , J II / ':'~:.J"; :~NT:;:?B.J~y' ,-jCT:;:~ 3~N =-~H~C I 3C] -.;. 4154352433 '-10. 357 ?31 'F I L C CD {l ( tJtTSm{}/L L E H R D~8'B~ {.IB~~l ~~",~,-~..\.~~-w 1 'I B ROT HE" S . ~ .,.:' ,,::; ~'::\-,,:;C.IJ , .- ~ ':' :;.... ...". '- ~,--' ,,,~,-,'_... July 15, 1997 Post-it" Fax Note To c Phonlt. Jacqueline Annes 9 Reed Ranch Road Tiburon,CA. 94920-2022 Ill' Dear Jacqueline: Thank you for the meeting at our house this morning. Pursuant to our conversotions I would like to make note the topics that we dis<:uS5ed . 1. The exterior lighting at 11 Reed Ranch Road will be soft, shielded, down lighting. 2. The silverberry plantings to be used as privacy planting for your master bathroom ond moster bedroom windows will be 15 gallon specimens. 3, The hill of 11 Reed Ranch Rood will be protected fram eXaJ..ive water run off ar dirt sliding to 9 Reed Ranch Rood by using either hay, burlop or shredded redwood bark as 0 surface covering prior to and during construction. We will remove the dirt that is against the wooden fence between 9 and 11 Reed Ranch Road and keep the dirt from accumulating against the fence. It should be noted that the fence is 24 years old and ;s nearing the end of it's useful life. 4. The Oak tree selected to be planted between 9 and 11 Reed Rench Rood will be selected os to the appropriate charecteristics of it's shope, so it will meet the privacy and lot boundary concerns, This covers the items thot we agreed to this morning. We ore anxious to begin our working drawings, bidding, construction and the eventual completion of our new home, Thank you for your time and interest in mitigating these items of mutuol concern. (\ ( UfTE mf}/L lrUlL~ ~@(P)i - July 17, 1997 Town of Tiburon Design Review Board Attn: Mr. Scott Anderson, Planning Director Re: 11 Reed Ranch Road File 297012 ~~.""",..". , "1~,.r""D ' /,',- . . ........ ! ? l'i~. .... . - I '''J:..!", .: :..,,~ ~/;: :r'3U~ -" ~ ,.,ON ."-"-,1"...... I.~,...,- '-..;,,"7'. Dear Mr. Anderson: This report has been compiled by my consultant describing why the proposed modifications of the origlnal application do not meet my requirements for the following reasons. 1. The color of the stucco on the proposed second story addition has been substantially darkened to a medium brown. No color, no matter how dark, can change the fact that this proposed addition is at the same height of the roof of #13 and within 80 feet from the windows and 55 feet from the patio (see attachment 4). This addition is not nestled in the trees as indicated by the applicant but stands way in front of the background trees. 2. The sole north-facing window on the second story addition has been removed. This removal does not alleviate the fact that the plain view of the rooms can be achieved from the west bay, the east three windows and the south balcony (see attachments 1 and 3) . 3. Two windows have been removed from the east-facin~ elevation of the second story addition. Three windows remaln on this elevation; two are in the stairwell area and have base of sill heights of more than 8 feet. The final window is in the master bedroom proper and the applicant states that this window is "architecturally blocked" from the view of 13 Reed Ranch Road by the addition of a 2-1/2 deep fireplace enclosure "bump-out." Without having seen the interior elevation drawings, it aI?pears to be on the second or third step of the stairwell. Elght feet from that base would bring the sill of this window approximately two feet below the roof overhang. This statement of eight feet base of sill height is not convincing. The 2-1/2 foot "b~-out" does not "architecturally block" the view of the livlng room and patio but certainly not of bedrooms (see attachments 1 and 3) . - 2- ~' 4. The proposed living room addition has been lowered 6 inches to alleviate view obstruction of the water. This certainly does not appear to make any difference at all (see attachments 1, 2 and 3) . 5. Large trees will be installed at strategic locations to provide privacy to I:x:>th upslope and downslope neighbors. This is using a bandaid to take care of major surgery. A few trees cannot make this addition disappear (see attachment 4. You need a forest; then, you also block the water view. 6. The roof of the second-story addition will have a slight overhang to reduce the "I:x:>x-like appearance conce:rn. This would improve the appearance but does not change the above facts--but does increase the understated square footage of the second-story addition (see attachment 5) . 7. The chimney structure on the proposed living room addition has been replaced by a narrower metal flue. The original drawings show a chimney structure of 12 inches in diameter. The revised drawings of 7/9/97 do not show any difference at all. This chimney is totally objectionable regardless of the size, which cannot be less than nine inches. Besides the above modifications, the applicant now proposes a new skylight off the kitchen without any identification or marking on the roof or detail drawings of this unit. This is totally objectionable. The whole of the modifications and revisions are unacceptable me. Sincerely, / ~'. /;( ft<<{~ L. Didi Maillard Enclosures P. S. Please note that I never did receive the I?acket regarding July 17, 1997 rneetin$ in the mail. This 1.S to express my conce:rn to ensure be1.ng kept informed of further comnunications. / /. a li ~ " I) Cl ~ IL \l. <;) :2 g - \.. Ii r' \- ~ ;> eI 't! p- ~ ':;i , I C '2 .. ) ~ l- I- 1\1';" ~ '1 \-[ ~ ~ \J - ~ " :I " I Iii (j ~ ,,0 ~~ ~ ({J= I I 4 If: >11 ~ i) ~ 101 ! Ii ..I ,.. 0 t ":i Q 1!\ U II i1\ D jc :) C> \: <t 4.. :3 N ~ ~.,--_._-_._---------,.-- . II l! ~ (l / j .. \U '<l U ~ - 11\ I-- :i C) ~ 7- 2.. It',' .",..' ,<~- .,~' FI2. 01\ 1.3 !<>..E'E'D I2A N c:. H ROA t> - ~A -oTe 12. e ED Q..o o~_ ,--'''ffN~ PO?'''-ION- C.f-IF-MNi<:''t $,0Q..1 Po<-I::. 'PO;::;' A"P?BA'2... To Be: -:2' A eO"; F- K..OOF 'PSA I<. .Jl'1PACT OF L 1'1 1"l91 1<-OO~ f''D'PI",oN AN =ftE111-C>"::1_ / -3 ~..", . .-:,'/' ,,,,,-~.:- I MPAC.-' 'l"j2.0M -r1-f/E. r-P~"", c9F 'PATIO S:!> FlZ 1ST A'oJAI. -- - ,i " , , " ~'?ff'-'- ~?1,l' p'....~ I '1'P',Ae7" "F'1Z0'1_ ~A~",ee. BED ~01 "F'12.0!'1 130"->+ ADD,"-\ ON'" / ~. "'5 l<i:''€-.s -::5 S='7l =>->S The above is a reduction of Mr. Ralph J. Alexander's revised drawings dated 6/30/97. The red markings have been added to demonstrate the proximity and height of the new bedroom suite addition of 11 Reed Ranch Road. As you can see, the north elevation of the addition is within 78 feet of the south elevation of 13 Reed Ranch Road, and the top of the roof is at the height of 13 Reed Ranch Road facia, while the top of the chimney is higher than the Maillards' roof. .f :'y>'::~,:r.?j'_i:,'~i . '" I . '"[cf -:1', ' ,1'''''-''1' < ",:,: ~\. , -~" - . '.:'.:'Ei:::~}:~;-'\{l::''-:~'': <<'~.:j.?-' . . ~ ,- ~ . " '.:'!:-:-', '.;-'.::~</~ ';:.~.;.- ,,,:;).... . :'i' ,.. The patio south edge is within 55 feet of the 11 Reed Ranch Road bedroom suite north elevation and at the same height approximately. There are several story-and-a-half residences within the area but none where the roof level of the downhill residence is at the same height of the immediately uphill structure and within 78 feet. .. I:' ',I" .. f o ~ ~ 'l:';X~ir (JI rr i, (')'. :s, -~ '." This addition is not nestled in the trees as indicated but totally exposed on 3 sides. t'i;."...,;i,,;,. ...., '.'. "'(., .:., ;.',:.',::_.:.',.".:.1;:>_.. ., ~. .:";:;:~-,':; ::"Ii-:;.;': io,\~~,:., .1 ';'.: ::'-:ti.\:, ro . _ .~:"j '{~~'~j~~ ~!";~l,;.,! ,>':~,;i~rii. c;,; .. J~.~'.:' ...,f~t.,-. g~' ~ \\~}.!,'.,....),':~!;i~~f, Iil ,,',.' I,,"~.~r: ""~'''' U >,:~;.;~,.__.}':.VJ(~?~~{~' ., r-:i.l '." >;: _:-<~1;i3.~;}~~~t:~:i~:;. ,11 "'1""(""'" j~l~\ ~. The addition of new trees at the property line is not a valid option. These trees will only make the addition more prominent from the kitchen and bedrooms of the Maillards' residence. The solution appears more like "Let's put a blindfold on Didi Maillard so she will not see this addition." , / ii , i i I I 1\ I . ~ ~.1J, ;'i :1'. r a- Il t- J' -::5 ~-;-j =>-.:> s :~ ,.' tj. ,. 'J .,,'j ~~.)it;.~_., ~~, "f~"'.:~~ ~:~ ~-.t'>:_: ".t' )4 T?{f1;.'. , -I"",,'''' . '.-"..":'."\. ';:.'(:~~;r "/:.;';:':;/"",- ' I:~ ,\\/':'./:" ~ .. c :~ ',: ; " "'5 l~-.z: s The above is a reduction of Mr. Ralph J. Alexander's revised drawings dated 6/30/97. The red markings have been added to demonstrate the proximity and height of the new bedroom suite addition of 11 Reed Ranch Road. As you can see, the north elevation of the addition is within 78 feet of the south elevation of 13 Reed Ranch Road, and the top of the roof is at the height of 13 Reed Ranch Road facia, while the top of the chimney is higher than the Maillards' roof. Cl ,.'.:(., .':'.. :.:' \.,-, .r:.:?,;"(:S-: .I ; ~ ! < \!~ :, -, \ ' '.:.:~~r:"J' " , "," ,-,"" ""-,- The patio south edge is within 55 feet of the 11 Reed Ranch Road bedroom suite north elevation and at the same height approximately. There are several story-and-a-half residences within the area but none where the roof level of the downhill residence is at the same height of the immediately uphill structure and within 78 feet. (j\ if' i, \"). :s, .... This addition is not nestled in the trees as indicated but totally exposed on 3 sides. t,',i;:".' :-: .~./ ;':::>~~::_' . . fu "~:<:,"i. ::;::' g'f~},J'i '$;,~9~r~, " ~i ).}~~\~~-. ,j~t~t 'V~tW': ~""(':'rn.trjf:;b~'" .. . \'~ , The addition of new trees at the property line is not a valid option. 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P.7~ A -:;::-oe<l~ 00........ 12-141+" Q......-SI-.::>,;;: .,-....;;0:. t..,)\w=..,.;~ t?1'" \3 Q~~p (2.",.;=.... '\:2=",<::>. / Jessup Associates Architects. Inc. AlA July 17, 1997 Memo to Files: Ms. Jackie Annes 9 Reed Ranch Road Tiburon CA Subject: Meeting at Ms. Annes' home on June 25, 1997 to discuss construction procedures and methods to be used to assure that Ms. Annes will not be adversely affected by the expansion of the Lehr residence at 11 Reed Raneh Road. Present: Mr. Lehr, property owner of 11 Reed Ranch Road Mr. Bruce, Mr. Lehr's architect Mr. Alexander, Mr. Lehr's landscape architect Ms. Annes, property owner of 9 Reed Ranch Road Richard & Kimberly Jessup, Ms. Annes' architectural consultants The following items were discussed and agreed upon by Mr. Lehr to be completed during the eonstruetion process; 1. Plant an oak tree 15-20 feet in height on his property in front of his Guest Room window, to provide privacy to Ms. Annes' patio and breakfast area from Mr. Lehr's Master Bedroom baleony. The tree shall be trimmed so that it will not impact the existing Pepper Tree on Ms. Annes property. 2. The bakony handrail, off the Master Bedroom, will be constructed as a solid railing rather than a glass railing as is presently shown on the drawings. 3. Landscape lighting and lights on the building will be subdued and shielded from view from Ms. Annes property. 4. Extensive planting along the edge of Mr. Lehr's patio and in the stepped retaining wall area was discussed. This planting will be 4-6 feet in height and will provide privacy to Ms. Annes' property. 5. A retaining wall at the base of the slope of Mr. Lehr's property will be constructed to assure there will be no earth movement on to Ms. Annes' property during and after construetion. 444 Miller Avenue Mill Valley CA 94941 415.388.8618 - JESSUP ASSOCIATES ARCHlTECfS, AIA July 17, 1997 Annes Consultation Page 2 6. Comers of the Master Bedroom and the Living Room shall be located with story poles. 7. H necessary, a visual barrier will be built (a fence and/ or planting) to assure privacy to Ms. Annes' existing bathroom window. We also recommend that to protect Ms. Annes' property from damage during construction, hay bales or protective fencing be installed on Mr. Lehr's property , along their mutual property line, to prevent sloughing of soil. cc Ms. Annes / [hIE- mA-l L ~n~A~r~[~ 10 "7'"he Tibuf::>n Planning Commiss,on ,'/ 1 7 . 1'! ./ "- 7''- ~' . 'j~, --: r~ From Darryl DeVinney 44 SOJthnq,e West Tiburon, CA 94920 After reviewing the revised plans for the additions a' #11 Reed Ranch Road and vIsiting the adjacent properties (#9 & #13 Reed Ranch Road) I would like to submit tre following :n~Lt for the public record I am encourage by t1e changes In ligming ard landscaping that are pro~osed as well as toe modification of the second story balcony rail to a solid railing These changes appear to sufficiently mitigate the impact that the additions wil' have on privacy far #9 Reed Ranch Road, Unfortunately I arT' discouraged by the srrall anount of changes that have been proposed to mlt,gate the impact on the privacy and views at #13 Reed Ranch Road -he living room 'oof line has been lowered by only 6 Inches, As suen, It is still block ng a slgnifi~ant amount of "ater view I suggest lowering thiS roof line oyat least an additional 1 to 2 feet The second slory master bedroom addition alsc needs sorre further changes than those currently being proposed In order to protect the privacy at #13 Reed Ranch Road '"he ~hange to the stairway windows by moving 'hem e,igher IS gooc, The suggestion of adding a tree between #11 and #13 to soften the impact of the second story addition is also helpful. The Lehr's have darkened the color of the siding, This is gcod, But they are stili proposing a stucco surface, I suggest that the siding selcLld be ceanged to wood panel or shingle :0 fweer soften the Impact of thiS structure I believe that #13 is most impacted by the proposeo addKlons at #11 Therefore, I think that tne concerns of #13 Reed Rarch Road shoulc weigh most In your deCision on whether to approve the proposed additions at #~ 1 Reed Ranch Road, Accordingly, ! submit that the application for changes at #' 1 Reed Ranch Road be continued until addrtiona changes have been made to protect toe ~f1vacy and views at #13 Reed Ranch Road Darryl DeVinney / ;' "o'CiV .~. ,-'-=--r ........ ~ . ))() 't C\j, :, 4 I ,r {, l'Vu..u U ctU.J~} (-0.. '1l.\q~~ ~J1-1 tq'11- Jo ~CV"'zt n~) C4Ld_ ~. ~VM-I'l" ~,~, ,~P't W~1! tt. ~eti4 ~,!YrI. ~. ~1_ d~Ud !tLJI6; I q q +- ~ ~ .U"till #1!Yrl '-fit., c6 /4. rLL?( &0 ~ AtlJ.. ~ /71 1'9 '1 ~.!J ~ ~ ~ Ail.-;VtC v/u h~ ~ 13 ciUZ/ ~ -30t{..~ ~ ~~ ~u4ud~,}Z- }Z-?:it:tl k~ c?f-,-d.- ~ 4te. '1f{4-L{ I~. i7h ,d~d>~ --Ck ~.:u..-i . aU.. ~r~ AY 1/ ~ R4-?'1Ut ~ &-Jt '>>'1 ct9- '1 fupt, h~eA &ct/ , \Q 't4-~L~ :(;~./ ;t-~~ ~ff-'U"-nr.-e.~ --d,( .AL:'-:?-~~ eVJ ~a~ ~ ;tL~cJ. \.-eJ )te..e~;C~ it<- ~<-<- ~ A 1) '7?Ctl jU-A~x-v ~/'t-~ t~a~. ,,,{~ w l-A.-Il-1-Lt. 'd-u.-/V ~uj t.-d./ 07V..{, ~l""~' JICZ/A..;{{.(j ~t~ iJ-t1jt-'<.. r -70;?u~ ' I-c~ ~u4}) . ~. y.;/'lt-'h U~. ~ ~ ~ ~ /; JcbI'iJ ~1(p/alsj,1- r~~dtA, -' ~~ f +-( Iq q7- ~ ~~'l ~( ~: ~tc~ '-hCLl-a )/UCJI.- c1t1a'r-~ )uJ_"'-,viu't, ~ V hl.;1/ ~v{ Utk.-'(j!lt: ~ r- , . ~~()a-) c:; _ d(f./ vb~ 4t/./'::i Wr Wd he...-. (ft~i<.1ft ,d;M r;:G ~e. -I~ ( 1'L~7;-r; -W-t-if 0J. > >d tlljI 4,FYn jf-UV;:1 '~ d/~ - ~u~ ,Y1tl-tLe ~~~ dJdp F~f" Jto/ fiu-~ AU. dLd.- ~--k- ad ~ ~ u-/1 e..o &-t>V !f,--u 16-; /4 <f '7- ~ ;U 4J "-' '-A1 oI! ~ ~j ':An"r\. / I ;!ud /t2!/J1 M./ ~ , .;)M1L, 1w 11'-<"" L~ dw,; h /5; 1'1/'- ~ ~,'V ~-L? ~a ~ JJcU~ ---uLZ4) ~, Le -u(ij~ ~ '~t;, ~,fhf.-,21 ~ e/~tV<-~ ~ . tj Utt~-tU f ~ I> *~j dlJ /fall( St&-r r >>~; 'I~J!-~ ;1el~ ~, ~^ p~ ~y ..JJ &ttk J:ue~ c:L1U ~I?~W/ ~ 1::{[.1 VIvVI ,etL( t}C&tL( ~<-ttu~ /tLLI ~wd./ CElI- Ut-;~v~ ~ ~> ~ <-'Wed , ~t,LLt//f.-, .i?-tL-{~~./) ~'-<.-Lt<-t. --e{)...( (!~)V c;(ji-,vz.,1 ,,{{J1 ~v ~-"n'l A/1/L ~ 'i<-~ ~ :xz>??U.L; nt~~--v r {Q Iu..~t.. ~ otL~ +tc ~~ZL (Mtt( Vi:.) &-~ ~, ~~Ad,Z~)%"~ ~dUun:0 tl--:/ rJ.AAA_c>-tJ a;J -t~1 VJ.e J,j/jcu~.d. ~-d ~/A-Ic~<-~ ~~. ~~) ~ do ~~ '-/-k ~~tf~t ~ 'fit( 'ti>~ I/Z ~C1C-~ ,l)W ~U'.. ~ cd~ ~ " j11JfiA.. M ~- ~d ~k-~? a.lu~ ~ vA..-ad/ ~ r!J7t tUt-'r-; _. 2/~j ~ 'i~ . -",.6 ~(4tt/u, c:P-~/ ,~Cu~ /11--'u)o:Jf ~( A-riel ;tA~ ~~.I:l ;t;/;--e tJcaXc-U-HVJ_ W &1~d) CJ.4~ ,~;1'Zt-t-~'1/ ~!f4Je~ / JUL-16-97 WED 17:02 t-f}TE-- /I "J-/ L- [F~[JJ~ ~@[P>W P. g 1 34 Southridge Rd Tiburon, CA 94920 ~~~.~;~r\r- g:" ' . .~ .... , I . . ".......: . "'; . ',' I 1" ! ' 15 July, 1997 --..'-'J).:1GN --'.:....;, :;2;-:.1. To the members of the Design Review Board: Re: 11 Reed Ranch Road It concerns me greatly, a) that a long time resident of The Reedlands has to go through such anguish and expense to maintain the privacy and views which she has enjoyed for 27 years, b) that someone can purchase a piece of neglected property with the intent not only of upgrading the quality of that property, which would certainly enhance the neighborhood, but with the intent of greatly expanding the size of the property AT THE EXPENSE OF NEIGHBORS, even though those plans contravene the eity guidelines on "mass" and "views" c) that it is even being considered acceptable to build a "barn ofa room" on an existing roof a very short distance from the main rooms of#13 Although there are 2 story properties on Reed Ranch Road, these second stories are downslope as garage space and the area was designed with houses tucked discreetly into the hillsides. The "barn of a room" as it is now being descnbed in the neighborhood would be very obtrusive, be out of keeping with other homes surrounding it and would set precedents for inappropriate additions in this area, ( Shades of the lagoon 1) However, understanding that this house nee.ds to be upgraded and expanded for its current owners, there appears to be solutions which would be acceptable to the residents and which would fulfill the needs of the new owners' a) Give the new living room a flat roof to minimize the impact on the views of # 13. b) Allow a variance to build a bedroom to the side of the property, instead of a "barn" close to # 13 and ugly for the residents to look at. c) Change the position of the chimney in the new living room so that it is not in the middle of# l3's view, Surely it is not outside the abilities of any half competent architect to satisfY his clients needs without causing such a fracas with the neighbors and immediate residents, Sincerely, #~~ 4?/d- / k.A-TF-.. rn A-I L rc;n n ~~r;i1W#L IJ lJ L:::=~ I.1D @; ~ "tlQ ii,i! I Burton and Marianne Rutkin 9 East Terrace Tiburon, CA 94920 ....:..-.. <, ~',::: ~-l:;' '.... ...;:; ". '_~' ,!.:'~Gr1C", - ___'- ,")," '''''' 'v ....-I"~..;C_r::::J- .... J. July 14, 1997 Design Review Board Town of Tiburon 1505 Tiburon Blvd, Tiburon, CA 94920 Re: Design review of remodel at 11 Reed Ranch Road We are 32 year residents of the Reedlands, We chose this part of Tiburon for our family home in large measure for the artful and intelligent planning of the hillsides and terraces to assure both maximum access to the fine views and minimum visual impact of neighboring houses, While the growth of maturing trees has occasionally obscured the early vision, trees ean be, and are, pruned, windowed and removed to restore the original harmony, Remodeled houses, on the other hand, especially those featuring second floor additions, can have negative and irreversible esthetic and economic impacts on the owners of adjacent houses, and ean ehange for the worse the character of our entire neighborhood. The proposed remodel at 11 Reed Ranch Road demonstrates, we are eonvinced, all of the undesirable consequences described above, Standing in the main rooms at 13 Reed Ranch (owner Didi Maillard), it is clear to us that the proposed roofline of the living room addition markedly reduces the water view. Moreover, the vertical thrust of three chimneys above the roofline greatly exacerbates the visual damage, The proposed second floor bedroom looms direetly at eye level. Its proposed exterior of stucco exaggerates its visual bulk, and its window facing her house signifieantly compromises Ms, Maillard's pnvacy, The property rights of new buyers of existing houses in Tiburon should not include the unfettered right to deprive neighbors of existing views and privacy, or the right to degrade stable and attractive neighborhoods, Burton and Marianne Rutkin --B~ ~ t1ruv\~ R~ / From '3EATRU~;T PHmlE I'Jo. 415 383 6905 '3:081'<M POI ~-\ ( ,'W 13 P.eed Ranch Road Ti burol1, C'.A 94920 " 1 July 14, 1997 FAX to: De~ Lehr (115) 174-0931 Fran: Didi Maillard , ". ',.. r' I I ,.:' R~~~lVL of your letter of July 8, 1997 15 acknowledged. The, Chl:lllgt::1; yuu lU;ivt:: made to miti':;JOite privacy itelll.E: expressed in t e' Design Review Board m::cting w~ll help l:lllevlate sorre of the I' pdv,,-cy problems. I appreciate your cooperation in that 2:'eg I" i' As exp:r:essed at the nesi91' Review Boaro meetin$" aleo ~t seve, l'l meetings with you and you2:' architect, I enphat1.cally objec;L L 'i " the intrusion of a third fireplace chimney in the prime viewi I ,i area from my property. You have told me that it the way you t:!i it and you veel very strongly about it. I also feel very '" I' strongly about this matter and have offered several suggestio i which you apparently do not wish to implement. ': ' I If someone else attempted to infringe on your view to this I extent I I 'm SUl'e you would also obj eet , ! I cc: Design Review Board I I I I I i I I I I: I i I I, i I 'I I s~cer"lY! " ,,).~, ~4u/~ L. Didi Maillard : I ! I , " I I, , , II , I I, I Aug-15-97 Q4:37P OQan & OQbbie LQhr 415 4747946 P.02 I.:ftTE (f)IH L- ~ ... &....1IIIr ... 11___._,CA._.USA Fill' (415) 3Illl-82Ill . Homo Phono (415) 3ll8.eclIle. EIl'1III ~.AOl,""""" August 15, 1997 Members of the Town Council Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA, 94920 r,ia~\6!i::mEiD TOWN OF TIBURON !lUG t 5 1997 Re II Reed Ranch Road DEFARTMENT OF COMMUNITY r-,r.:Vi=1 OPMENT Dear Council Members, We request that the council vote to deny the appeal by Ms. Maillard. The Lehr Family has re<<ived unanimous approval for our remodel by the Design Review Board. Ms. Maillard has failed to support her appeal with any tangible faets or reasonable grounds for appeal. Ms. Maillard has repeatedly submitted mis-statements, irrelevant infonnation and photographs that are lUen with selective foeallengths to suit her particular location on her or our property. This creates views that aren't possible lllith the lllIked eye and unfairly influences the photographic outcome. 4 check of our plans by Hank Bruce, AlA, dated 7/1/97 would alleviate Ms, Maillards concerns, Ms. MaiUlII'd. abuse of the appeal prooess Iw cost the Lehr Family tens of thousands of dollars and stopped our remodel proCC$S, Please consider the issues Ms. Maillard raises in her appeal to illustrate that grounds for appeal simply do not exist. Ms, Maillard polms of appeal: I, Most of the 22 residences who signed the appeal opposing alteratiollli!variance and the 2nd story addition to 11 R_d Raneh Road both live in 2nd story homes with living space on both levels and have variances for lletback.s or lot coverage in the Town of Tiburon files. No precedent could possibly be set by our 2nd story room and variance beQ.use there t1<ists examplell within the S conUsuous houses to our own, as well as all over the Reedlands and the Town ofTiburon. The Reedlands has no CC&:R's - they expired in 1986 - therefore the Homeowners Assooiation is defunct, and is now a group with 00 legal or binding authority over properties in the Reedlands, no 0&0 insurance, eel, Aug-15-97 04:37p Dean & Debbie Lehr 415 4747946 P.03 Z. A.) As stated above, many homes in the area have been granted variances The living room addition does not obstruct Ms, Maillards' view from her "prime viewing ares", A visit to 13 Reed RlInch Road will clearly show that it is not possible to see our living room addition ITom Ms Maillards' living room , the prime ceremonial room of her house, In fact Ms, Maillard us chosen to allow her own hedges and piano to block all views from her living room From her dining room we believe that we have completely eliminated the chimney view by moving the chimney approximately 8 feet to the East 88 requested by the ORB in a bump-out and lowering it approximately 6 inches due to the rotation of the roof ridge 90 degrees. The present SlOt)' poles will not be lowered or moved to reflect this change before the Town Council meeting on August 20, 1997 8. There is no loss of privacy to 13 Reed Ranch Road due to the many changes we made to our plans prior to the unanimous approval by the ORB on 7/17/97 3. Ms. Maillard has requested in our meetings that our living room addition roofline be no higher than the existing roof, and we have satisfied that concern. We have moved the living room chimney, as directed by the ORR Ms. Maillard shows a laek of awareness that the Town of Tiburon Administrative PlIIIOI would be following up on all our Conditions of the DRB Approval. 4. Ms Mallard requested in June 1997 that we angle the skylight away from her view, We ehanged our plans to reflect her request prior to the ORB meeting and approval. When she was shown melle plans in her home on July 14, 1997, she stated no objections. Now she wants our plans to revert back to our original design, No matter how far we compromise and change our plans at significant architectural design cost to us it seems Ms, Maillard continues to change her mind No wonder we cannot settle. Ms. Maillard cannot make up her mind. Fortunately we have finally reached agreement on the kitchen skylight, !. After discussions with Ms, Maillard in her home on June 30, 1997, we submitted a revised landscape plan pursuant to our agreement, drawn by Ralph Alexander dated July 3, 1997, How could we possibly have known something was not acceptable or clear to Ms Maillard if she did not communicate her dissatisfaction to us? This landscape plan specifies tree location and species, and WllS approved by the DRB on July 17, 1997. It is clear that Ms, Maillard is not negotiating in good faith. New plans have been drawn 3 times after issues have been agreed upon by both parties, Then Ms. Maillard objects to those very issues at the ORB meetings. How could anyone be expected to settle with someone who can't remember what they lI81eed to, changes their mind or cannot communicate with supporters or consultants that certain issues have been resolved, Mr. 10hn Maillard stated to the DRB that he was an arehitect representing Ms MaiUard and continued to submit square footage calculations. photographs and models which were highly inaccurate. Mr, Maillard is a Painting Contractor and not an architect. He submitted photos taken with varying focal lengths before our story poles were lowered and certified by a licensed surveyor at both DRB meetings, The most diftkult issue to understand Will the outcome of our recent 4 day long negotilllions, Ms Maillard hired Jim Malol, AlA. which we thought WllS a positive move, At Town Hall on Friday, Aug-15-97 04:37P Dean & Debbie Lehr 4]5 4747946 P.04 August 8, 1997, Mr. Malot proposed we change our plans regarding 6 items of Ms Maillards concern The Lehr's agreed in principle to 5 of their 6 items. We requested they put these concerns in writill8--which became 8 itemsl Ms Maillard wanted us to agree in writing to keep 7 Arizona Cypress trees, which block the water views of our neighbou on Southridge East and provide privacy for us, liO thai she would nol have a view of the home al 16 Southridge East. Tltis proposal WOllen by Ms, Maillard, as well as a proposed settlement notification letter that Ms. Maillard was 10 distribule throughout the neighborhood are enclosed, As previously mentioned, the Lehn agreed to significant changes during the weekend negotiations, It should be noted that the Lehn will honor the negotiated settlement of all items except #3 and #7. Hank Bruce, our architect, has submitted sketches 10 reflect 'hese changes. 1 hope that our continued demonstration of cooperation is not mis-perceived. We are not inclined to entertain endless discussion with MIl, Maillard and Mr. Malot concerning bizarre, makeshift. hypothetical gimmicks which, by their own admission, do not exist- instead of a simple chimney flue which nullO reasonable effe<:t on view Of significant and final concern is the effect that this process has had on our !amily Two very serious events nave occurred: I.Debbie Lehr is 71/2 months pregnant, and has been to the elllellletlcy room for overnight lltays 3 times in 3 weeks with premature contractions. Her physician has diagnosed this to be caused by stress. She was advised to divert her concern trom any of these matters in order to reduce her stress and hopefully cany the baby to full term. 2. We nave been receiving anti-Semitic telephone calls The first call was to our phone at II Reed Ranch Road, and the resl have been to my office "We don't want your kind in the Reedlands", "lust because you got passed does not mean it is ovel''',''Take it to heart, set out Jew, watch out''', "lflhe City Couneil doesn't get you, we will". Many of these calls have been recorded and are being held in evidence by 1he Tiburon Police Department. This "hate" crime is a felony It is time for our Town Council to right a terrible wrong being jnflicted upon the Lehr f8J1liIy unjustifiably. It is til11il! 10 ~ Ms Mlril1ard. tiivolous appeal We would like to invite each council member to come to our house at II Reed Raneh Road and view our proposed addition from the site, Please call us at 388-5068 in advance f()r an appointment, since we do not live in the house. !}lJb<Lc&.~ Debbie Lehr Aug-15 97 04:3BP Dean & Debbie 19hr 415 4747946 P.05 frOM : S8=lr~U;T PKl-€ ~~. dIe -383 b~" Hlo4g. ~l J997 5; 42Pl'1 PUl I \1: , .. ~I ~' iI, ' h: 'i :~ ~ Reduce the skylight nnnitor over the kitchen by Ii '1 maintaining the counter roo! lllope ot skyligbt but only i , the skylight area, not extending counter-slope to ridge. ': select a paint ooloX' for the walls of the residence that 'I 60t or darker gray. to blend with the 80~90' gray tone Of existing background t~e... Ol}'llilic Fawn color proposed is acceptllhle. Trees be.hind III lU"O ilTf.'Ortant for screening #1.3 frcm di ' privacy problems at J,6 Southri~e J::Ut. 'these trees shall maintained at an appropriate he1ghth for screening #13 or 'replaced as requi~a to maintain screening- for #13. Roof color (OK u per sall'Ple shown 8-11-97) Fireplace Chitmey to have two foot minill'Ulll chirrney extender/retractor t.O drop chimney frcm 2 feet (maxI ridge to ridge height when not in use. Rl'!locate Mast.er SUite e ft ll\l.nill'l.llll to 12 feet. uphill to end of bedroan wing thereby reducing view ill(lllCt with p 89reening and topography for lt13, nestling addition into Slot., 5. 6. 7 II II We agree t.o the .rove Mr. Dean Lehr i i, I, ~ OJ! e. Rs. Mrs 0 l.JfIbtJ",e r..enr Date , II ~ filii ~ I..' I. I'~ i I! l " ~ I wi8h to tblink you V8ry nucb for tM lQIPOrt ~ _~' I tbf ~ MYWal 1.1U at tbe two Deelgn-Rev1.. loUd r..e ','~ alCIIrl with ~ let:t:8rII and t:!le ~it1i.:ln to the 'n:IIIn of! Council. Altel' extena1ve ~iati0n8 with the new ClllIrlet'8 of 1.1 :, ~ brIdl JlOIII:', Dun lIn1 Delll>ie ~, alq with fill arddt " i .svi.<<>r, Mr. J1II *lOttL~ ~ arnv.d at aD ~je.,t.. !.' 'l11PefClll'e, :1 .. oancel1UII!J Ill" ~1 of tbe 11m ulan of 17 , 1.''''. ,. " 'lbe eolutl<:1ll1 _ ltNian ~. xu.c::Mcl wre ru in "~ ~lete ~liance wiEb IllY dIllI1rea. hcIIleIIer t have eK'!hiewd . '. ~_e~. ~ to t11il vi_ bl<x''''-r ani prl~ ~_ .1 the DRIl _.._~. It baa ~ II very etftNful ilnd 00II ly' leamiIl9 ~ but the xeaslt 1_ 1ICZ'e eati8factory than ' 1 .jor T<::M1 ~1l cxmflict with the attM'dlnt unoerta1nti.M. ..1 If ~ I I i ~ 'I I :! . ~ , I' ,I , ; i . ,I II D1.d1 MaUled Since%ely, 'ftlankfI again for }O.l%' CQlWidexaticn end ...~, ~ . we '11111 loCk f~ to _locm1ng the Leh:nJ to the nei. IIOCln . AugI.IDt U, 1.lI~' 'n>: My a-cn... "lgt~. Pn.m: L. 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S\lllUl~I.L\' 11m I '''UllJ;) '5W .moo [""ddy p;reog ^'''!A''~ ull!SQO 'Pll t{"U1l}j P:)"~ II :,,~ NOl:Jn811 :JO NMOl ,1:JI::HO SfB8\iNIJVJ NMOJ (g] t661 0 ~ snw, \Vi 031A\U!ill~~J~ OZ6P6 V:) 'uomq!l 'pAI8'uomQ!l fD.[ <lUlU;) <>Ull!O ;'Ul1Y uomq!lJo l!"uno;) UMOl ~~[n~.nfJ:\t plAr~a .lO.1UU~) uLl.1 m{,m L66 I 'dc: ~snllnv >jlW"OU.l OZZ6-61.t>/~at> 1~~(;'6",t/SL~ " t06t6 "fU"oJ!ln:) 'r'~J"l:! uws P'Ol:! OlP"d UCS qllON 01. L 7/t1 till 3'.1 f:l7 Q<;'/ oJ 7'" all :::n ~ Wi'id.\\:i .{:n:J.s~qqcH wnuquiI.ll!U 1"l!l..\JH~!'It{eu 1"0'10118 IHtlO}! 1\!()I,f,v~nH:)~O~) G-d )P.nJ'T?'<- \~L)1 g _:?~ _'___ 0<:1;6 6LV S~V HO'lOHS ,,3GO<l HO<l" HdSS'<: L661-0c-S , j/4s16{ ------' TIBURON TOWN COUNCIL AGENDA REGULAR MEETING TOWN OF TIBURON 1505 TIBURON BL YD. MEETING DATE: MEETING TIME: CLOSED SESSION: OCTOBER 1, 1997 7:30 P.M. 7:00 P.M. PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of view, members of the audience should: (1) Always Address the Chair; (2) State Name and Address; (3) State Views Succinctly; (4) limit Presentations to 3 minutes; (5) Speak Directly into Microphone. A. ROLL CALL B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) C. PUBLIC QUESTIONS AND COMMENTS Please confine your comments during this portion oflhe agenda to matters not already on this agenda, other than items on the Consent Calendar. The public will be given an opportunity 10 speak on each agenda item at fhe lime it is called. Presentations are 1m/fled to three (3j minUles. Alalfers requiring actiun will be referred to the appropriate ('umnllss/Un, Buard, ('onwl/ttee OJ' 5,'taJJ for consideratIOn und/of' placed on a future meeting agenda. D. INTRODUCTION OF NEW TOWN EMPLOYEE . PUBLIC WORKS DEPARTMENT - (David DeTomasi, Maintenance Worker I) E. COUNCIL, COMMISSION & COMMITTEE REPORTS F. CONSENT CALENDAR The purpose a/the Consent Calendar is to group items together which generally do not require discussion and which will probably be approved by one motion unless separate action is required on a particular item. Any member o/the Town Council, Town Staff, or the Public may request removal of an item/or discussion. I) TOWN COUNCIL MINUTES - #1121, August 20, 1997; #1122, September 3, 1997 - (Adopt) . 2) TOWN MONTHLY INVESTMENT SUMMARY - August 31, 1997 - (Receive) 3) TRAFFIC SAFETY COMMITTEE MEETING - September 23, 1997 Minutes & Recommendations - (Accept) 4) DENIAL OF APPEAL OF DESIGN REVIEW BOARD DECISION Re Conditions of Approval and Variance to Project at 12 Tara Hill Road, AP#2970 17; Bill McLaughlin, Developer; James & Debra Molakides, Owners; Alexander & Hedvig Margulis, Appellants - (Adopt Resolution) 5) MARIN HUMAN RIGHTS ROUNDTABLE AGAINST HATE VIOLENCE CAMPAIGN - Week of November I through 16, 1997 - (Adopt Resolution) G. PUBLIC HEARING 6) ORDER TO SHOW CAUSE REGARDING ABATEMENT OF A PUBLIC NUISANCE - (Abandoned Unfinished Residence at 105 Trestle Glen Terrace) H. UNFINISHED BUSINESS 7) TIBURON MAIN STREET/ADA TRAFFIC IMPROVEMENTS - (Review of Traffic Consultant's Final Report and Recommendations) 8) COUNTYWIDE COMMUNICATIONS SYSTEM - Tiburon's Support for Conceptual Plan - (Adopt Resolution) 9) TffiURON RIDGE "MISSING LINK" TRAIL - (Request for Additional Funding) I. NEW BUSINESS 10) CYPRESS HOLLOW ANNEXATION INTEREST - (Consider Conceptual Support) J. COMMUNICA nONS II) LYFORD COVE/OLD TIBURON HOMEOWNERS ASSOCIATION MINUTES- September 9, 1997 - (Receive) K. STAFF & TOWN MANAGER REPORTS 12) ELEPHANT ROCK FISHIN9 PIER RECONSTRUCTION STATUS - (Town Engineer's Project Description dated September 19, 1997) L. ADJOURNMENT Future Al!enda Items npermanent Restrooms at Blackie's Pasture (October IS) --Appointment of Community CelebratIOn Coordinating CommIttee (October 15) --Consideration of Extension of Mar West Parking Permit Program to Esperanza Street. (October 15) DATE OF MEETING: October 1. 1997 No, 15-1997 DATE POSTED: September 26. 1997 NOTICE OF STATUTORY AUTHORITY FOR HOLDING CLOSED MEETING OF THE TIBURON TOWN COUNCIL Pursuant to California Government Code Sections 54950 et seq" the Town Council will hold a Closed Session, More specific information regarding this meeting is indicated below: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9a) Name of Case: The lnnisfree COnloonies v. Town of Tiburon (Marin County Superior Court No. 168505) TOWN COUNCIL MINUTES DRAFT I/eM )/0. ! (c ). A. INTERVIEWS 1) Heritage & Arts Commission - (Candidate Cynthia Marques) 2) Library Agency Board of Trustees - (Candidate Lynn Wellman Barr) Council conducted interviews as stated above, CALL TO ORDER Vice Mayor Thayer called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 p.m, in Council Chambers, 1505 Tiburon Boulevard, Tiburon, California, B. ROLL CALL PRESENT COUNCILl'vlEMBERS ABSENT: COUNCILl'vlEMBERS: Ginalski, Thayer, Thompson, Wolf Hennessy PRESENT EX OFFICIO Town Manager Kleinert, Town Attorney Danforth, Senior Planner Watrous, Town Clerk Crane C. ANNOUNCEMENT OF CLOSED SESSION ACTION (If anv) Vice Mayor Thayer said no action was taken in closed session, D. PUBLIC OUESTIONS AND COMMENTS None, E. APPOINTMENTS TO BOARDS. COMMISSIONS OR COMMITTEES MOTION: To Nominate Cynthia Marques to the Heritage & Arts Commission and Lynn Wellman Barr to the Library Agency Board of Trustees, Moved: Vote: Absent Wolf, Seconded by Ginalski Unanimous Hennessy F. CONSENT CALENDAR 3) Request to Join Amicus Briefs a) Green v. City of Los Angeles; b) Sacramento Fire Protection District v. Sacramento County Assessment Appeals Board II, et al. - (Approve) 4) Monthly Policy Statistics - July, 1997 - (Accept) MOTION Moved Vote: Absent: To Adopt Consent Calendar. Thompson, Seconded by Wolf Unanimous Hennessy Town Cnl/ncil.Hinures # 1/] J .'Iugusl20, 1997 1 G. PUBLIC HEARING 5) APPEAL OF DESIGN REVIEW BOARD DECISION APPROVING A VARIANCE FOR LOT COVERAGE AND SITE PLAN AND ARCHITECTURAL REVIEW FOR ADDITIONS TO A SINGLE F AMIL Y RESIDENCE @ II Reed Ranch Road, AP#34- 243-16: Dean & Debbie Lehr, Applicants; L. Didi Maillard, Appellant Council member Thompson recused himself and stepped down, Senior Planner Watrous presented the Staff Report. Watrous stated that variances of this nature were common in the Reedlands, He also said the Design Review Board had considered the privacy issues of the Appellant and had asked for subsequent modifications to the project during its review, Watrous further stated that recent negotiations between the parties had been unfruitful and that it was Staff's recommendation that Council act as the Administrative Panel and, in this capacity, would be able to ask for modifications to conditions concerning the placement of the chimney, the only remaining issue between between the parties Jim Mallot, architect and representative of Appellant Didi Maillard, showed picture panels to Council which indicated view blockage of the San Francisco skyline and water by the applicant's proposed house, Mallot said the 15 foot ceiling of the room in which the chimney "speared up" in the middle was not necessary and suggested lowering it to nine (9) feet. Mallot said the Lehrs had been most accommodating and had turned the ridgeline into the grain of the view, but that the issue of the placement of the chimney remained outstanding. He proposed a gas chimney as an alternative. Mallot also stated that there were no dimensions on the plans submitted by the Lehrs' architect to the Town, and therefore Mr. Mallot said his own calculations showed the FAR to be in excess of that allowed for the size of the lot, for which no variance exception had been applied, Ms, Didi Maillard, Appellant, said she had moved from North Terrace 27 years ago for the view from her current residence, and that the Lehrs' project would ruin the peace and beauty she had come to love, in addition to the value of her property. Ms. Maillard said the third chimney was in the prime view location of her residence, and that smoke would come into her house from all three chimneys, She urged Council to eliminate the chimney off the livingroom or require a gas or electric fireplace in that room, Hank Bruce, Architect for the Lehrs, said his numbers were accurate concerning the lot size and FAR, and said he hoped Council had carefully read his letter detailing the history of the project. Bruce said the project had won unanimous approval by the Design Review Board and that his clients had abided by the rules of the process Bruce said accommodations had been made for Ms, Maillard's privacy and view issues by Town Council ,ilinutes #1121 August 20, 1997 2 relocating the master bedroom and reorientation of the living room, He also said the seeond story would be mitigated by landscaping, but that it was true that a certain amount of water view would be blocked Bruce asked Council not to concede to obstructionism and unreasonable requests, and suggested that perhaps the Appellant did not understand the process and rigors that his clients had gone through. Bruce further stated that the project would be an improvement to the neighborhood. In response to questions from Vice Mayor Thayer, Architect Bruce said the chimney in question was approximately 11 inches in diameter and would stick up approximately nine inches above the existing ridgeline, In response to a question from Councilmember Ginalski, Bruce said the plans were drawn to scale but that no measurements had been included, Senior Planner Watrous said the Planning Department had relied on Bruce's calculations in order to conduct design review. Applicant Dean Lehr said at this point in the process resolution was a "moving target." During public comment, the following neighbors spoke in support ofMrs, Maillard's appeal and expressed their concerns about allowing a variance which they alleged would change the character of the neighborhood: --John Silcox, 14 Southridge Court --Ruth Carlsen, 38 Terrace Court --Phil Kazoo, 49 Upper North Terrace --Daryl Divina, 44 Southridge West --Anne Ross, 16 Reed Ranch Road Andrew Thompson, 18 Southridge East, encouraged both parties to continue to seek compromise, Ian Pearson, 170 Rock Hill Road, questioned how far a neighbor could go to object to a project Ernest Murdoch, 13 Reed Ranch Road, rebutted Mr. Pearson's comments, Architect Mallot, during Appellant's rebuttal, said no compromises were made by Applicant until Mrs, Maillard filed her appeaL Mr. Mallot said it was not unreasonable to appeal a situation that would damage his client, In response to a question from Councilmember Ginalski, Town Attorney Danforth said that Council had the authority to impose "compromises" raised as part of the appeal rather than remanding them to the Design Review Board Councilmember Wolf noted that the FAR issue could be verified as part of the final plan check approval. Town COllncillvlinutes # 11:: I August 20, 1997 3 Council agreed to deny the appeal subjeet to the agreement already reached between the parties to relocate the chimney located in the major view corridor to the left, and on the following basis: MOTION: To Deny Appeal and Resolve Fireplace Issue and Aeceptanee of Additional Conditions Nos. 1,24,5,6 & 8 stated in the proposed "Agreement Regarding View Blockage Mitigation to be Placed on Revised Plans by M/M Lehr's Architect Mr. H. Bruce" - (Attached to Mr. Bruce's August 14 letter shown as Exhibit 2 hereto) Moved Vote: Wolf, Seconded by Thayer A YES: Thayer, Wolf NOES: Ginalski ABSENT: Hennessy (Recused): Thompson H. STAFF & TOWN MANAGER REPORTS 6) New Town Hall - Window Coverings - (Town Manager). Council directed the Town Manager to accept bids for window coverings (shades) and tinting of the Council Chamber windows I. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Vice Mayor Thayer adjourned the meeting at 9:25 p,m" sine die. RUFUS M THAYER, VICE MAYOR ATTEST: DIANE L CRANE, TOWN CLERK Town Council i'-'finutes # J /21 August 10. 1997 4 .' EXHIBIT 2 / Hank Bruce Architects 23 B Main Street Tiburon, CA 94920 Telephone 415 435.9118 August 14,1997 [;;~~&:!VEtQ) TeWN OF TlSURON AUG 1 5 1997 Members, Town Council Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 ~~-'n""f-N-O- Ui:.i'AiilllJ,!.:i i I- COMMUNiTY '"I"1Ir-iOPMENT Re: Proposed Improvements to the Dean and Debbie Lehr Residence at 11 Reed'Ranch Road; appeal of ORB approval of June 19,1997 by Didi Maillard DearCoundIMembe~: Design Review approval was received by the applicants for their proposed improvements to their newly-purchased residence after months of intensive effort, including: . prior to purchase, discussions with neighbors, including the appellant, in which the planned living room and second floor addition were mentioned without receiving negative response . development of alternative designs to determine the optimum approach for both client and neighborhood . purposely early installation of story poles so as to accurately establish the parameters of the proposed design for visual review by both applicant and neighbors @ earliest possible date . Many discussions and much correspondence with concerned neighbors...modification of story poles and design prior to initial submittal in mitigation of neighbor concerns . two DRB meetings with the time intervals between devoted to additional design studies, additional meetings with concerned neighbors and their professional representatives and further revisions of the story poles, .' Although it was a lengthy and sometimes painful process, the above review of this application demonstrates fulfillment of the ordinances and design review requirements of the Town of Tiburon, Applicants and concerned neighbors partidpated, gave input, and had that input considered in the public forum twice. In due consideration of the mass of input over this time in relation to Town requirements and physical impact upon the site, the board unanimously approved the application, It is my observation based upon more than 20 years of experience in Tiburon as a practidng architect, and more than 3 years as a member of the ORB, that the review process is essentially a conduit for compromise in the face of conflict. This conflict is best resolved if the participants exercise a degree of EXHIBIT NO. ~ / "reasonableness" (Le., compromise). Throughout the history of this application the Lehrs have continually cooperated to mitigate neighbor concerns short of totally sacrificing their own goals. The fact that the initial concerns of Jacqueline Annes have been settled illustrates this fact. We have not had similar success with Didi Maillard. Why? Perhaps it is because the spirit of "reasonableness" (compromise) is not present; perhaps it is because fact and fiction are blurred in the thoughts and communications of the appellant and supporters. To illustrate this thought, an analysis of the Maillard "Grounds for Appeal" and the supporting letter of Alan Perper and Janet Raiches is appropriate: A. Grounds for Appeal: Maillard paragraph #1: a. As already mentioned, the DRB demonstrated intensive consideration of neighbor concerns. b. Mention is made of the "precedent setting nature" of this application: the only "precedent" set and/or maintained in this process is that each project is reviewed and evaluated on an individual basis in relation to the ordinances, guidelines, and particular setting. The Reedlands is full of two-story dwellings. Neither the original CC&R's, nor the current Town regulations prohibit the proposed construction. c. In my already mentioned Tiburon experience, I have rarely seen a more benign view infringement. Many, many examples of much greater view blockages which ~ received approval over the years abound in the Town files. Essentially, no significant view, intrusion will occur. Maillard paragraph #2: a. Loss of privacy is mentioned, even though that concern has been investigated and graphically proven in public session not to exist. Maillard oaragraph #3: a. In recent discussions, the Lehrs have agreed to move the chimney to the east wall of the living room where it will not be prominent in the view corridor. The retention of a wood-burning fireplace is, however, important to the Lehrs and to the very nature of the living room as a gathering space for the family and friends, b, The Lehrs have agreed not to exceed the height of the present ridge, as requested by DidL / Maillard paragraph #4: a. Agreement has been reached regarding the configuration of the kitchen skylight. Maillard paragraph #5: a. The Lehrs have already stated their willingness to work with both Oidi and Jackie regarding the type and placement of the proposed trees. B. Alan Perper and Janet Raiche letter of July 27,1997: a. This letter makes several references to the loss of privacy. As previously stated, it is already a matter of public record that this will not occur. They even suggest that the Lehrs can view Oidi's house from the bedroom balcony (on the opposite side of the house). This is not physically possible! b. The "precedent" issue is again raised.. In fact, the precedent of two-story houses in the Reedlands is already well established. In fact, the only fear regarding "precedent" is to insure that the careful analysis by the ORB shown in this instance regarding conformance with ordinances and guidelines be continued on a case-by-case basis. The real "precedent" in this case is that our proposals follow and conform with the precedents of design review considerations established over a period of approximately 20 years within our Town. c. The approved second story addition is directly in line with numerous similar approvals throughout Tiburon. The addition will not obstruct views; will DQ! impinge upon privacy; is set against the hill and backdrop of trees; will match the existing wood exterior siding and existing roof slope; darkened, natural colors are proposed; and, will be detailed to integrate fully with the existing structure. Overhangs, trellises, and planters are additional design tools being utilized to harmonize the addition. .' It is important to note that the appeal and the typical support letters rely on inaccuracies and emotional content in contrast to the established Town procedures in these matters. .It is important to note that we have rigorously followed those procedures in receiving our approval! As indicated by the above discussion, the council should deny the appeal based upon its basic lack of merit and veracity as well as the fact that the proposal conforms in all respect to Town regulation and precedents. Having said all of this about the history of the existing application, we request that the council consider the following events which transpired over last weekend: F Oidi Maillard hired Jim Malott to assist her in this matter. They proposed for the Lehr's consideration an agreement regarding view blockage mitigations which, if mutually agreeable, would terminate the appeal procedure. I have attached a copy of that proposed agreement. As you can see, the Lehrs accepted seven of the nine items again attesting to their remarkable spirit of cooperation throughout this long process. Item #3, a proposed retractable chimney flue, is not acceptable because such an item does not exist. The Lehrs do not wish to be pioneers in this field. We have, however, agreed to move the fireplace to the east wall thereby removing the flue form the major view corridor. Item #7 is not acceptable because it is inappropriate in the context of this proposal and because it would establish unusual requirements for the Lehrs into the future. \I'/hen all is said and done, this appeal has moved forward. to the point of a public hearing because of the lack of agreement on one "12" diameter painted metal flue set to the side of the view corridor 9" higher than the existing ridge line. This is unreasonable! In spite of the failure to achieve final closure due to the chimney, the Lehrs are still agreeable to the other mitigations. Plans indicating these changes are attached to this letter. We request support of the ORB approval by the council, modified as necessary by the above enclosures. We believe it to be highly justified. Sincerely, ~.c. Bruce, Jr., AlA " cc: Oean and Oebbie Lehr F us, _ ". _ _::: ...;.-'- ~_.c.l 4-UC-.JJ. ~r:':;hTE.;::SL;~\( riC:TEL PAGE 02 _ _ J -- I -1.la r ,! lev y~ (;1" \.) Havl.K \\ re~\.ilrw~ w;~-.e L.e'l jl.." ,. Tit., t).f'CJV\. Ff pI/,LA . J J. .,., '^ () OVl I'l.'" 2.) h'lb', Mvc,1 )'1)'" :1 : ~rkf/ Re i." . N~~^)~l l~ 'J ~ ~~ :!,. ~(~. as )~l \J~t~ P\~ , . ~t:)f!J ~golution of Dcaign/View/Privacy I88Ue8 Batween 11 Reed Ranch Road (Lehr) an:l . 13 R=:d Ranch Ro<<d (Maillard) I - I ili ~ RE"GMOnG VJ:2H-~ MITIQllJICNS "IO Be ~ Ql . ; RWISr:D P!;WS !lY HIM I.afR' s ~ MR._ H, BRU:l!: : 0" :1.. 'l:w:n Ridgo of Li~ R/x:m 90 &:gr~ (to N-S) thc::rebyl 'Iwo ~ box effect of via",- bl.cx::kllIgoc 4fld returning 511\ of I . -..at= vie:v to :1.3 ~ Randl Rootd. Iridae. remIlina at , .. "height_ . Ou . 2, Relocate Living Roan Fireplace to end wall facing street .-, euten:l) , ;1 3~n~..~i~~~~~~i=-="'2"'\f:~~)' ""T"rldgetorlilje~9bf-~'~-m Use. . .f.. Rel<"lMlte HaGleer SUite a ft lldriiJtlin to 1.2 feet i,...),411 to HI ~~~=~~~~~ ;t:;~~- -; l U'9- ait.. II . ",.:. ~1CCl cb6 ekyUght monitor over the kitchen by . I . ma1nta1ninq tlle counter roo! Qlcpe of oIcy14.gbe hue. c:ru.y ~ : the skyligfit area, rot. axten::1in.3' coont.er-S1lOpe to ri~. ,I \ . 6 Select a paint color for the wal1.e of the re:aiden:::e thati . " ~..tP rot or daner gray. to' bleat with the BO-90t ~ ta::1e o:t '~ ,,," . ~ ~ trees, 01~ic Fawn color pl:0p...0cd is ": l~. , X7 Treee ~ Ill. are i~tam:. for. sa _lmill3 #U frall l:. . . ~~~fe<"'6 at 1.6 $M,..'h>"1d!1e ~. 'l~ trees .m." 11. ~ 'at;. an~~~iats ~"st'..lt fO;-8C..LL --i,-,q-'tI3"or ,J . repJ~ as ~,,_ to IMintUn scr~",'V for *1j. :j' tjI.- e. Roof color (OK IlB per sanple eh:>tm. 8-11-97) We agree to the above ' Mr. Dean I.etl:r ( : td ! Hrs. DoCQ;r.e Lenr Dllte i' ~ -'j . r ~ '! ~ ;J I F If CA~ it. Abr- 1D 1K~S TOWN COUNCIL MINUTES DRAfT ]JeW\. ))0 - .JiJ..l CALL TO ORDER Mayor Hennessy called the regular meeting of the Tiburon Town Council to order at 7:40 p,m, on Wednesday, September 3,1997 at Council Chambers, 1501 Tiburon Boulevard, Tiburon, California, ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Hennessy, Ginalski, Thayer, Thompson, Wolf None PRESENT: EX OFFICIO: Town Manager, Kleinert, Planning Director Anderson, Finance Director Stranz1, Chief of Police Herley, Town Engineer Bannan, Interim Town Attorney Sharp, Acting Recorder Sherwood B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) Mayor Hennessy said Council met about Staff equity adjustments that would be discussed later in the agenda. C. PUBLIC OUESTlONS AND COMMENTS None D. INTRODUCTION OF LEGAL INTERN 1) Eric Sternberger Town Manager Kleinert introduced legal intern Eric Sternberger, a new part-time addition to staff who has volunteered to help the town with legal work on the Codification of the Municipal Code. Town Manager Kleinert introduced Interim Town Attorney John Sharp who is filling in while Ann Danforth in on maternity leave. MOTION: Moved: Vote: To move Item NO.8 on the agenda forward. Thayer, Seconded by Ginalski. AYES: Unanimous 8) Appeal of Design Review Board Decision Re: Conditions of Approval and Variance to Project at 12 Tara Hill Road, AP#197017, Bill McLaughlin, Developer; Property Owners, James & Debra Molakides; Alexander & Hedvig Margulis, 8 Tara Hill Road, Appellants John Sharp, Interim Town Attorney, said he received a copy of a letter that day from Peter Breckus, counsel for the appellants, that intimated that despite a written request submitted on August 14 for notice of proceedings related to this appeal, he had not received such notice. In an abundance of caution, because State law requires that parties submitting written request for notice Town Council Minutes #1122 September 3.1997 J receive that notice, Sharp recommended that Council continue that item to a future agenda. MOTION: Moved: Vote: To continue this item to the next scheduled meeting, September 17, 1997 Wolf, Seconded by Thayer AYES: Unanimous ABSENT: None Mayor Hennessy recommended that Staff add wording that was previously adopted to the appeal form explaining when the application will be heard by the Town CounciL E. COUNCIL. COMMISSION & COMMITTEE REPORTS 2) Downtown Task Force Terry Koenig, Chair, said the Task Force was attempting to obtain good information and true demographics for the residents to see how potential downtown development would fit for the community. He said they found they needed a professional study to gather good information and an RFP has been prepared for that study. The Task Force recommended hiring Keyser Marsten of San Francisco. The cost is $7500 which is the low bid. The project, would include gathering information, developing a strategy, and implementing that strategy. Mr. Koenig replied to Councilmember Thayer that this project was to determine what uses would best fit the residents, Town Manager Kleinert said he would bring this item back to the Council on the Consent calendar for approval, 3) Downtown Traffic Circulation Engineer's Report Councilmember Thompson said Belvedere wants more information about the impact of making part of Main Street one-way on Beach Road. Councilmember Wolf said the recommendation was that lower Main Street, from Tiburon Boulevard towards upper Ark Row, would be one-way. Ark Row would remain two-way, The Traffic Engineer recommended what they felt was the safest solution providing barriers and buffers between pedestrians and moving cars. The Traffic Engineer is gathering additional data and a meeting is scheduled for September 16 when the Traffic Engineer will present his findings, F. CONSENT CALENDAR 4) Town Council Minutes - #1119, August 6,1997, #1120 August 14, 1997 - (Approve) 5) Order to Show Cause Hearing Re: Abatement of 105 Trestle Glen Terrace - (Consider Scheduling Hearing) 6) Denial of Appeal of Design Review Board Decision Re: Approval of a Variance for Lot Coverage and Site Plan and Architectural Review and Imposing Additional Conditions for Property Located at 11 Reed Ranch Road, AP #34-243-16, Dean & Debbie Lehr, Owners/Applicants; L. Didi Maillard, Appellant - (Adopt Resolution) MOTION: Moved: Vote: To Adopt Consent Calendar Thayer, Ginalski AYES: Unanimous Town Council Minutes #1122 September 3,1997 2 ABSENT: None Regarding Item No.5, Town Manager Kleinert said he received a letter from the attorneys who indicated they have an agreement with the Title Company and the Contractor and that work was going to be progressing. He suggested that Council give them another 30 days to start work on that house, to show cause why they have not proceeded with the improvements and why the Council should not declare it a nuisance, Mayor Hennessy suggested that if they had not taken any action at all in two weeks, the item be placed on the agenda. F. UNFINISHED BUSINESS 7) Recommendation of Lands & Development Subcommittee Concerning request for Waiver of Annexation for Winter Property on Old Landing Road - (Possible Reconsideration of Item from August 6, 1997 Town Council Meeting) MOTION: Moved: Vote: To reconsider this Recommendation Wolf, Ginalski AYES: NOES: Unanimous None Councilmember Wolf said that after reading the letter from Mr. Winter's lawyer, it seemed to her that last Fall, the Council's representative to LAFCO, Jerry Thayer, represented that he thought it would be appropriate for this to be processed through the County and grandfathered in, She would have preferred if it had been brought back to the Council at that time for confirmation and ratification when they probably would have voted for the waiver. Wolf said it was unfortunate that they did not do that. Neil Sorenson, attorney for Mr. Winter, explained their dilemma. The Old Landing Road area was proposed in 1995 to be annexed to the Sanitary District and the Town, LAFcO approved the annexation for the Sanitary District immediately and approved the annexation to the Town conditional upon the residents meeting with the Town and coming to agreement about how the Town would serve the area. Councilmember Thayer said annexation to the Town was to take place exactly one year later unless LAFCO changed the date. It was a self-executing vote, Mr. Sorenson said the time period was continued. During those continuances, Mr. Winter attempted to submit a tentative map for two lot splits to the Town, but the Town couldn't process it because the property wasn't in the Town. LAFCO's position was that he should submit his application to the County and that it should be grandfathered in, Mr. Winter did that and Town Staff concluded that it was good idea to process it through the County. In December of 1996, he submitted that application and spent approximately $8,000 in fees; since then he has spent about $20,000 in consultant fees. If the annexation goes through now, he will lose most of that money. He currently has a complete application with the County and the EIR process is under way. They Town Council Minutes #1 J22 September 3.1997 3 were asking to allow the County to finish processing this two lot split, Councilmember Ginalski said after the hearing in July, they agreed not to waive the dual annexation policy. Councilmember Thompson suggested the Town could reuse a lot of what the County had already done and reduce the fees accordingly. Diane McEwen, Old Landing Road, said the lot split was controversial. The neighbors want to keep to the recommendation. She said they have 20 families who have signed a petition against the lot split. Randy Greenberg, Planning Commissioner, said she understood LAFCO's decision was that there was going to be a year's delay in the annexation issue. It made sense not to hold up somebody ready to go. Mr. Winter understood that he had a year to complete a simple lot split. That did not happen. He knew the deadline was going to happen, The County has not processed that application; which was just completed last month. For Tiburon to waive its rights the day before LAFCO reaches its decision, seems to be questionable and not in the best interest of the Town. Councilmember Wolf said they were not talking about waiving annexation. She was saying they should honor the commitment made last fall that the application could be processed through the County and then grandfathered in when Old Landing Road is annexed. There was a lot of confusion and a lot of people thought the issue was going to be put off until the end of the visioning process. There will be a public hearing at the County level. A commitment was made and they should honor it. Councilmember Thayer said he was the temporary Chair of the session last November, and at that point the sense was that it was indefinite whether LAFCO would return to the question of annexation any time. The consensus of the panel that night was a man ready to go with his project shouldn't be told to wait. Almost a year has gone by and there have been lots of changed circumstances. The LAFCO Executive Officer's recommendation was to go ahead and annex it. It would be a mistake to give up jurisdiction over the lot split issue at this point. He strongly recommended that they uphold and support the recommendation of the subcommittee in this matter. MOTION: Moved Vote: To uphold and support the recommendation of the subcommittee Thayer, Seconded by Ginalski AYES: Ginalski, Thayer, Thompson, Hennessy NOES: Wolf. G. PUBLIC HEARING This item was moved to the beginning of the agenda and continued. Councilmember Thompson excused himself from the meeting. Town Council Minutes #1 J 22 September 3. 1997 4 I. NEW BUSINESS 9) 180 & 190 Hacienda Drive: Request by Owner for Conveyance of Vacated Right of Way and Abandonment of Slope Easement - (Approve) Scott Anderson, Planning Director, reviewed the history of this project, Mr. Wayne is the owner of property which a previous subdivider had dedicated portions of to the town in the 1960's. Mr. Wayne has requested those dedications be given back to him. Anderson said the Town went half way to doing that in 1994 by vacating the right of way strip that had been dedicated in 1965; however, the Town didn't deed that land back, and Mr. Wayne is asking for that. There was a 10 foot slope easement required to be dedicated so that the envisioned roadway, which never was built, could be maintained. Mr. Wayne is requesting that slope easement be vacated. Staff has no objection to doing that. The Planning Commission recommended that the Town Council deed back the 5 foot roadway dedication and vacate the slope easement. There was concern that the Town might lose its pedestrian rights over Hacienda drive. Staff has investigated the status of the Town's access rights and they have found a deed providing pedestrian access. The Town Attorney, Ann Danforth, has requested that Mr. Wayne provide a title report showing that they haven't lost those rights. The Town has not lost the easement rights. Planning Staff is satisfied they haven't lost anything and they see no connection between the slope easement and the 5-foot strip and the pedestrian access rights Councilmember Thayer asked if they could emphasize that they believe they have not given up their pedestrian access rights and they believe they have those rights. Interim Town Attorney Sharp said they could add language to the proposed resolutions indicating that the action of the Town is not intended as a waiver of any pedestrian rights that have been previously established, although he agreed with the Planning Director that there does not appear to be a relationship between the parcels being vacated and the parcels over which the Town has pedestrian rights Motion Moved Vote: To adopt the Resolution conveying the vacated 5 foot wide right of way strip to Mr. Wayne and authorize the Mayor to execute the transaction, as amended, that the action of the Town is not intended as a waiver of any pedestrian rights that have been previously established. Thayer, seconded by Ginalski AYES: Unanimous ABSENT: Thompson Bob Wayne, 180 Hacienda Drive, said he had no objection to pedestrian traffic and entitlement exists now. He didn't see the associated action of constraining the motion as having any effect, Motion Moved: Vote: To adopt the Resolution vacating the 10 foot wide slope easement, that the action of the Town is not intended as a waiver of any pedestrian rights that have been previously established. Thayer, seconded by Ginalski AYES: Unanimous Town Council Afinutes # J 122 September 3.1997 5 ABSENT: Thompson Town Manager Kleinert introduced Gina Perrin, Education Coordinator for MCSTPP (Marin County Stormwater Pollution Program,) She demonstrated a model depicting the area's ecosystem. 10) Permanent Restrooms at Blackie's Pasture - Parks & Open Space Commission Recommendation re: Location - (Approve) Parks and Open Space Commissioner Obermeyer said they were there to obtain approval of the Council for the location of the restrooms at Blackie's Pasture. The site is at the northwest side of the bike path. This location was chosen because it efficiently used existing Sanitation Department pipes. They received a letter from Mr. and Mrs. Gary who can see the proposed facility from their home. The Council discussed that it had been moved from a site that had been previously approved. After discussion, the new restrooms will be situated next to the treatment facility. The Gary's looked at the previous plan and found it acceptable. Story poles will be placed at the location Commissioner Obermeyer responded to Councilmember Ginalski that the proposed project was estimated to cost $12,000 to $18,000 for installation plus the cost of the building which will be approximately $20,000. The Council reached consensus that the Public Works Department could erect story poles in the area shown on the Blackie's Pasture development plan. Me Gary asked that they be notified when this will be considered again; Mayor Hennessy asked to have this matter re-agendized. 11) FY 1997-98 MUNICIPAL BUDGET PROGRAM A. Approve Budget Revisions (Operating and Capital Improvements) Finance Director Stranzl gave an overview of the budget. Highlights were the deletion of the ERAF rebate, the appropriation for Transient Occupancy Tax increased, the appropriation for motor vehicle fees increased, the appropriation for the ABAG Plan increased, and added is the rental fee for the Sprint antenna located at Town Hall. Certain business and construction related items are increased based on actual experience The expenditure plan included many changes within the originally proposed numbers He reviewed by category appropriations increases and decreases. Council member Ginalski asked about the cost of rented restrooms on the bike path Me Stranzl said they cost about $4800 per year, including some extra facilities. Regarding capital improvements, the bids will be open soon and work will begin in September. Regarding Elephant Rock, money was allocated for engineering. They are looking for grant money and an anonymous donation has been made. Town CounCIl Ad/flules :1} j ~:! September 3. 19Y- 6 Council member Ginalski suggested that possibly when the next budget is reviewed, the Town Council may consider placing a cap on the hotel tax. Council member Wolf commented that the Finance Committee has discussed the concept that in some years there are exceptional revenues and expenses that are not annual. It is important to know what the base operating budget is, Currently there is a structural budget deficit. Town Manager Kleinert noted the Council's need to look at the trend of the General Fund over several years. The Town's budgeting has always been conservative allowing for a carryover each year. Councilmember Wolf noted this budget includes a 3 percent cost ofliving increase for management. Mr. Stranzl said they were approving the appropriation, MOTION: Moved: Vote: To adopt the Budget Revision recommended as presented Thayer, Ginalski AYES: Unanimous ABSENT Thompson B. Approve Fund Transfers Town Manager Kleinert reviewed the General Fund status. In the past, they have attempted to reserve 25 percent of the General Fund for the operating budget. They were recommending a slightly higher balance. Councilmember Wolf has indicated funding Employee Compensated Leave at 100 percent and that can be done. The Council discussed where funding for expenses relating to the new Town Hall would come from. Councilmember Wolf noted that she was disappointed the Finance Committee had not presented their findings. She commented on specific allocations for the proposed fund transfers She said they had discussed eliminating as many funds as possible including Parks Development. Expenses would be allocated from the General Unallocated. Town Manager Kleinert said his rationale for allocating this money was the possibility ofa bad winter and the cost of fixing slides in the area. Councilmember Wolf said they urged removal of the savings pots and she wanted to eliminate Parks Development. She wanted to follow the recommendation of the committee who strongly urged funding liability. Kleinert said if there was consensus to eliminate Park Development, he would adjust the Employee Compensated leave. This is a policy decision. All these monies could be moved to General Unallocated Fund. Town Council Mlnllles 11 1 f:::: September 3. 1997 Mr. Stranzl suggested leaving Park Development standing, and as projects are needed, monies can be appropriated from the General Unallocated funds to Park Development reserve. Current projects will be kept at a minimum. Councilmember Thayer said he likes to see the line items set out because it helps to inform him. MOTION: Moved Vote: c. MOTION: employees Moved: Vote: To approve Fund Transfers with the understanding that Council will reconsider based on the result of the Finance Director's rationalized Capital Replacement Fund. Wolf, Ginalski Unanimous Absent: Thompson Authorize Non-represented Employee Compensation Adjustments To approve the Cost of Living increase of3 percent for the non-represented Hennessy, Ginalski AYES. Unanimous Absent: Thompson Town Council recommended the following equity adjustments: Town Manager, salary $8,000 per month The following recommendations for equity adjustments were made to the Town Manager: Planning Director, $5,900 per month Associated Planner, $3,500 per month Building Official, $4,500 per month The Town Council recognized that some other positions deserved additional compensation and they will discuss the possibility of issuing some bonuses. MOTION: Moved: Vote: To approve these recommendations Ginalski, Thayer AYES: 'Unanimous Absent: Thompson J. STAFF & TOWN MANAGER REPORTS Town Manager Kleinert said Councilmember Thayer will attend the Cecilia Place grand opening, the PA system will be installed shortly, and the newsletter will be mailed out on October I. Town Council Minutes #1 in September J, 1997 8 K. COMMUNICA nONS None. L. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Hennessy adjourned the meeting to September 17,1997. THERESE M. HENNESSY, MAYOR ATTEST: DIANE L. CRANE, TOWN CLERK Town Council Minutes #1122 September 3. 1997 9 TIBURON TOWN COUNCIL STAFF REPORT Meeting: To: From: Subject: October 1, 1997 Item: '2 TOWN COUNCIL MEMBERS RICHARD STRANZL, FINANCE DIRECTOR MONTHLY INVESTMENT SUMMARY REPORT - AS OF THE MONTH ENDED AUGUST 31,1997 TOWN OF TmURON Institution! Agency Amount Interest Rate Maturity State of California $4,577,055 5.690% Liquid Local Agency Investment Fund Total Invested: $4,577,055 TmURON REDEVELOPMENT AGENCY Institution! Agency Amount Interest Rate Maturity State of California $455,820 5,690% Liquid Local Agency Investment Fund I Total Invested: $455,820 I Notes to tables: State of California Local Agency Investment Fund (LAIF): The interest rate represents the effective yield for the month referenced above. The State generally distributes data reports in the third week following the month ended, Acknowledgment: This summary report accurately reflects all pooled investments of the Town of Tiburon and the Tiburon Redevelopment Agency, and is in conformity with State laws and the Investment Policy adopted by the Town Council. The investment program herein summarized provides sufficient cash flow liquidity to meet next month's estimated expenditures. By: ~- Richard Stranzl, Finance Director September 25, 1997 r-kM -it 3 To: From: Subject: Date: THE MEMBERS OF THE TOWN COUNCIL PETER G, HERLEY, CHIEF OF POLICE TRAFFIC SAFETY COMMITTEE MEETING - 09/23/97 SEPTEMBER 24,1997 . .~"->. of T, VS-~"'0'~ I(~~''''''F' .'\>0 _:,. -t""")}"" '0,2\ \,~ \,,' ... _ .. -r- '.. <: -' ",. ~<"O- --.. :. ,...a,'" "'f111A \~(, ~ r TOWN OF TIBURON STAFF REPORT On September 23, 1997, a meeting of the Traffic Safety Committee was held, In attendance were the following: Peter Herley, Chairman Lt. Tom Aiello Siavash Bannand, Town Engineer Scott Anderson, Planning Director Tony Iacopi, Superintendent of Public Works Lou Brunini, Superintendent of Public Works (Ret) Dave Hutton, Sergeant Alison von Lackum, 390 Greenwood Beach Road Al Trimbach, 33 Meadowhill Drive Bruce Foster, Greenwood Beach Road Don Maskell, 115 Rock Hill Road Below is a summary of the meeting: Item #1 - Limitinl.! on-street parkin!! on Benton and Warren Courts to two or four hours excent for residents of the area. No action taken at this time regarding timed parking, Problem appears to be arising from a residential employer, Lt. Aiello will draft a letter to the responsible party advising him that his employees are parking on these Courts for an unusual amount oftime, while working for the responsible party. Item #2 - ReDuest bus ston. Via Capistrano west of Reed Ranch Road. The Traffic Safety Committee recommends the placement of a bus stop at the above location - pamtmg a stop bar on the pavement. The Traffic Safety Committee rejected the placement of a pole and sign at that location, Item #3 - Reouest "Yield" or "stoo" sil!o at tbe new intersection of Cecilia and Leland Way. The Traffic Safety Committee will contact Mr. Rogers and advise him that while a stop sign would be a good idea. Prior to any approval of a stop sign Mr. Rogers will need a consensus of the whole neighborhood. If a petition of the majority of the neighborhood is received by the Traffic Safety Committee, approval will be granted, Item #4 - Reauest "Cbildren at Plav", 15 mob sien. plus "slow" sil!n in tbe area of 115 Rock Hill Road. Recommendations are: Increase enforcement in the area especially between the hours of9:00 and 9:30 AM, Public Works will re-paint the 25 mph on pavement. Lt, Aiello will make personal contact with the people who run the Community Congregational Church, Pre-School to advise them of the continual problems with the traffic and speeding. The pre-school can then advise the mothers via a flyer. Item #5 - Renorted increased traffic - soeedinl! motorists and bicvclists on Greenwood Beacb Road. Recommendations are: 25 mph to be painted on pavement, the Public Works Superintendent will check out different locations to post a 25 mph sign. Lt, Aiello will make contact with the day care at the Baptist Church to advise them of the problems with the traffic and speeding, Lt. Aiello will re,affirm the conditions of the use permit with school administrators. To contact the Greenwood Beach Homeowners' Association for approval to place bot dots on Greenwood Beach Road to control the bicycle traffic due to line-of-sight problems the residents have while backing from their driveway. The bot dots will narrow the travel lane which will force the bicyclists closer to the center of the travel lanes thus allowing the resident to safely back out from their driveways, To contact the Homeowners' Association and make a decision if the possibility of permit parking/timed parking would create less transient parking on Greenwood Beach Road to Blackies Pasture, To contact the Homeowners' Association regarding the placement of a "Children at Play" sign, which would be purchased by the resident or Association, The placement of the sign would need approval from the Town Engineer or Superintendent of Public Works, Item #6 - Request aooroximately two car len~h section of street as a "00 oarkio~" zooe. opposite 31 aod 37 Meadowhill Drive. The Traffic Safety Committee recommends painting a red zone adjacent to the fire hydrant, betweeo 34 and 38 Meadowhill Drive, This will not affect residential parking and would improve access to the private driveway. Weare also requesting that the landscaping be trimmed on both sides at the easement driveway to increase the line,of,sight problem. Item #7 - Reouest for a more visible sil:o desilmatioo "Mar West" to be olaced 00 Tiburoo Boulevard. The Traffic Safety Committee will contact Cal Trans regarding this request. TIBURON POLICE DEPARTMENT TRAFFIC SAFETY MEETING September 23, 1997 SIGN IN SHEET - Please Print Name Address Home Phone Number 1) ----r 0"" Atc"'LL.o TP [J lHr- - 7 3 '52- 2) n:w'/ F /.I9Cv~/ ,/J/pr ~~573'7'7 3)~~ A'0" ~(~ ~_-'ro.,~'~<~~~~-<""'~~'~ ~ 4)~;:;:::-(~~ >:~ ~?J;73P- 5) I~~' y~ ~O <-/3s--r- 7J.D'-- 6) 1'/) ~ -'7...?<".,...- .;;2...,.-' >-+~ / ~ ' J"., _ . _. ') 37'0 6r<<naxnd Beau..../' / \ 7) ms{)// VOl? LLL00U I//L./ 3t:f3- go I 0/ 8)_ W\,. ~ k~ qoe~~ \l-L 9R. l.\ ~ <; 40'S ~ 9) ~\J f(a.......:~o- 4?7.:s--7,3"I;;( 10) lYe ~ 11) Sf;" /'3:zrJ#i'c<. pt/ ?;WI1 G;I''1U--Y t..r > 5'- 7 '5 ~ '1 12) 13) 14) 15) PLEASE PRINT INFORMATION TRAFFIC SAFETY COMMITTEE AGENDA 0930 HOURS, SEPTEMBER 23, 1997 CONFERENCE ROOM, TIBURON POLICE DEPARTMENT A!!enda}tems I, Limiting on-street parking on Benton and Warren Courts to two to four hours except for residents of the area. Contact person: Walter Griesbach, 3 Hacienda Drive. Sheila C. Lagios, 11 Benton Court, # 435-6329. 2. Request bus stop, Via Capistrano west of Reed Ranch Road. Contact person: Harvey Katz, Golden Gate Bridge, Highway & Transportation, 1011 Andersen Drive, San Rafael, 49401, # (415) 257-4416. 3. Request "Yield" or "Stop" sign at the new intersection at Cecilia and Leland Way. Contact person: Bob Rogers, 127 Leland Way. 4, Request "Children at Play", 15 MPH signs, plus "slow" sign, in the area of 115 Rock Hill Road. Contact person: Elizabeth Maskell, 115 Rock Hill Road, # 435-4032. 5. Reported increased traffic" speeding motorists and bicyclists on Greenwood Beach Road, Contact person: Alison & William von Lackum, 390 Greenwood Beach Road, # 383-8101. 6. Request approximately two car length section of street as a "no parking" zone, opposite 31 & 37 Meadowhill Drive, Contact persons: AI Trimbach, 33 Meadowhill Drive, # 435-2544. David Bradford, 37 MeadowhiU Drive. Mrs. V. Johnson, 35 Meadowhill Drive. 7. Request for a more visible sign designating "Mar West" on Tiburon Boulevard, Contact person: Diane Crane, Town Clerk, Town of Tiburon. Attachments: cc: Chief Herley Lt. Tom Aiello Siavash Barmand, Town Engineer Scott Anderson, Planning Director Tony Iacopi, Superintendent of Public Works Lou Brunini, Retired Superintendent of Public Works Diane Crane, Town Clerk Tiburon Fire District RESOLUTION NO. I*k #0,1- ill) [ffi fA\ [f /J A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIDURON REGARDING THE DENIAL OF AN APPEAL BY ALEXANDER & HEDVIG MARGULIS OF THE APPROVAL OF A VARIANCE FOR REDUCED SIDE YARD SETBACKS, A FLOOR AREA RATIO EXCEPTION AND SITE PLAN AND ARCmTECTURAL REVIEW FOR PROPERTY LOCATED AT 12 TARA HILL ROAD (JAMES & DEBORAH MOLAKIDES, OWNERS) WHEREAS, on August 7, 1997, the Design Review Board held a public hearing to consider the approval of a Variance for reduced side yard setbacks, an Exception for floor area ratio, and a Site Plan and Architectural Review for construction of a new single-family residence at 17 Tara Hill Road, proposed by James and Deborah Molakides ("Owners"); and WHEREAS, after receiving public testimony and considering the potential privacy and view concerns of surrounding residents, the Board approved the application with conditions; and WHEREAS, on August 15, 1997, Alexander and Hedvig Margulis of8 Tara Hill Road ("Appellants") filed an appeal of the Board's decision to approve the Variance for reduced side yard setbacks, Exception for floor area ratio and Site Plan and Architectural Review for 12 Tara Hill Road; and WHEREAS, the appeal came before the Town Council of the Town ofTiburon on September 17, 1997, at which time the Town Council held a duly-noticed public hearing on the appeal; and WHEREAS, on September 17, 1997, after hearing all testimony and reviewing all documents on the record, the Town Council found that the required findings could be made for the requested Variance, based on the steep topography and unusual configuration of the site, the negligible impacts on surrounding residents due to the lack of visibility from neighboring properties, the physical hardship which could be caused in moving the proposed house to a different location on the site, and the pattern of previous variances granted in this neighborhood which indicated that this was not a special grant of privileges to the Owners; and WHEREAS, the Town Council also found that the required findings for the requested Exception could be made, including compatibility of the visual scale of the proposed residence with the surrounding area because of the reduced visibility of the proposed house, and the compatibility of the design of the proposed residence to the physical layout of the site by following the slope of the parcel while orienting the house toward the views of San Francisco; and Tiburon Town Council Resolution No. 10/1/97 1 WHEREAS, based on the above findings, the Council determined to deny the appeal by the Appellants (a vote of3-2) NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon memorializes that the appeal of Alexander and Hedvig Margulis was denied, on September 17, 1997, as set forth in this resolution, PASSED AND ADOPTED at a regular meeting of the Town Council on October I, 1997, by the following vote: AYES: COUNCll.,MEMBERS: NOES: COUNClLMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: THERESE M. HENNESSY, MAYOR TOWN OF TIBURON ATTEST: DIANE L. CRANE, TOWN CLERK tc297017.res Tiburon Town Council Resolution No. 1011/97 2 CITY OF SAN RAFAEL City Manager's OfIice T/ft.", IUD, Z) MEMORANDUM DATE: SEPTEMBER 23. 1997 FROM: M.MA MEMBERS ~ 7 SUZANNE GOl T - CITY OF SAN RA~ C MARIN HUMAN RIGHTS ROUNDTABLE ON HATE VIOLENCE TO: SUBJECT: The Marin Human Rights Roundtable on Hate Violence completed its first year in May, 1997. This group is made upof representatives from local government and law enforcement agencies, school districts, community and non-profit organizations and individuals. Through the funding support of the Marin Community Foundation, staff assistance for this group has been provided by the Intergroup Clearinghouse in San Francisco. The mission of the Roundtable is to eliminate hate violence in Marin County. The attached information sheet entitled "Our First Year" provides details on the group's mission and the various activities it has tackled thus far. The Roundtable is sponsoring a public awareness campaign Marin Joins Together: Stopping Hate Is Up To All Of Us from November 1 through November 16, This two week campaign will be one of several key activities that will focus on the positive community building efforts that are underway in Marin County. Information on this campaign is included in the attached material. This is the same material that was at each place selling at MCCMC, for your info. The Roundtable is seeking a show of support for this two week campaign from the county and each city and town in Marin County, in the form of a Resolution, On behalf of the Roundtable, I ask that each manager present a resolution of support to hisJher councilor board, (Given the timing of the campaign, resolutions should go to your governing group in October,) I've attached a copy of the resolution that San Rafael will be bring to the City Council, for your reference/use, if desired, The Roundtable requests that resolutions in support of this two week campaign be sent to: Marin Human Rights Roundtable on Hate Violence c/o Intergroup Clearinghouse 995 Market Street, 12th Floor San Francisco, CA 94103 Questions on this campaign or the resolution should be directed to either me at 485---3072 or Michael Wong of the Intergroup Clearinghouse, 243-8628, Thanks for your assistance!! A 1 :\RoundT ab RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL IN SUPPORT OF THE MISSION OF THE MARIN HUMAN RIGHTS ROUNDTABLE ON HATE VIOLENCE WHEREAS, the Marin Human Rights Roundtable on Hate Violence, a network of govennnent and law enforcement agencies, school districts, community organizations and individuals, was initiated in May, 1996; and WHEREAS, the Roundtable's mission is to eliminate hate violence and intolerance in Marin County by raising awareness, inspiring responsibility, advocating for and establishing positive human relations, and developing an effective effort to eliminate hate violence; and WHEREAS, the Roundtable has sponsored a survey of all Marin County law enforcement agencies, which will provide a foundation for county-wide standard policies and hate crimes reporting practices for all law enforcement groups and has held victim assistance training for community-based organizations; and WHEREAS, the Roundtable is working with individual school districts and the county office of education developing policies on hate violence response and prevention; and WHEREAS, the Roundtable is sponsoring a public awareness campaign, Marin Joins Together: Stopping Ha,e Is Up To All Of Us, and has designated the period from November I through 16 for a two- week observance of the positive community-building efforts existing in Marin County, NOW, THEREFORE, BE IT RESOL YED that the City Council of the City of San Rafael supports the mission of the Marin Human Rights Roundtable on Hate Violence and encourages all residents to engage in positive community-building activities not only from November 1,16, but ongoing, as Marin Joins Together. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on Monday, the _ day of October, 1997, by the following vote, to wit: AYES NOES ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: JEANNE M. LEONONI, City Clerk TOWN OF TIBURON STAFF REpORT ITEM NO. o To: From: Subject: TOWN COUNCIL TOWN MANAGER ORDER TO SHOW CAUSE - ABATEMENT HEARING 105 TRESTLE GLEN TERRACE October 1, 1997 Date: BACKGROUND This issue was first brought to Council's attention at their September 3, 1997 regular meeting. At that time, there appeared to be some preliminary progress by the property owners regarding new ownership and completing construction of the house, therefore the matter was continued. The Town's Building Official subsequently reported that while progress toward getting the project underway appeared to be commencing, no actual physical work to complete the building has occurred, nor has a building permit been issued On September 25, the new contractor for 105 Trestle Glen Terrace contacted the Town's Building Department and requested an on-site consultation meeting with the Building Official for early the week of September 29. The contractor indicated that they have now resolved the title and ownership issues associated with the property. It is the Building Official's opinion that a new building permit will be issued the first of the week with work commencing by October I. The Order to Show Cause Abatement Hearing has been properly noticed by the Town Clerk and the property owners advised in accordance with Chapter 24 of the Town's Municipal Code. RECOMMENDATION If the work has not commenced on or before October I, the Town Council should consider appropriate abatement of the property to ensure that it is not an attractive nuisance and a matter of public safety. While aesthetics is obviously a major concern, the abatement process focuses upon the issues of public safety and welfare associated with the property. Town Staff does not recommend that the Town undertake any improvement work on the building itself, however, certain things can be done to address the public's safety and welfare concerns In summary, Town Staff is hopeful that work will have commenced on the property by the October 1 meeting. If not, Staff is prepared to discuss certain abatement procedures for the property TOWN COUNCIL Page 2 October 1, 1997 EXlllBITS --Public Notice "Order to Show Cause Regarding Abatement of a Public Nuisance," dated 9/18/97 --Letter from Attorney Stephen Kaufmann to Town ofTiburon, dated 9/15/97 TOWN OF TIBURON 1505 TIBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 435.7373 FAX (415) 435-2438 ORDER TO SHOW CAUSE REGARDING ABATEMENT OF A PUBLIC NUISANCE TO: DATE: RE: PROPERTY OWNERS AND THEIR REPRESENTATIVES SEPTEMBER 18, 1997 ABANDONED UNFINISHED RESIDENCE AT 105 TRESTLE GLEN TERRACE, TOWN OF TIBURON, CALIFORNIA YOU ARE HEREBY NOTIFIED TO APPEAR BEFORE THE TIBURON TOWN COUNCIL ON THE 1ST DAY OF OCTOBER, 1997, AT THE TOWN COUNCIL CHAMBERS, 1505 TIBURON BOULEVARD, TIBURON, CALIFORJ.~IA, AT THE HOUR OF 7:30 P.M., OR AS SOON THEREAFTER AS THE l\tIATTER MAY BE HEARD, AND SHOW CAUSE, IF ANY YOU HAVE, WHY THE ABOVE-DESCRIBED ABANDONED AND UNFINISHED RESIDENCE SHOULD NOT BE CONDEMNED AS A PUBLIC NUISANCE AND THE NUISANCE ABATED, AND WHY THE COST OF SUCH ABATEMENT SHOULD NOT BE ASSESSED UPON THE PROPERTY FROM WHICH THE NUISANCE IS ABATED, SUCH COST TO CONSTITUTE A LIEN UPON THE PROPERTY UNTIL PAID. . .' D~Y OF SEPTEMBER, '99' TOWN CLERK, TOWN OF TIBURON 1)/11" I,J/ I If' '1Jt LAW OFFICES STEPHEN H. KAUFMANN 1299 4TH STREET, SUITE 502 SAN RAF"AEL. CALIFORNIA 94901 (0415104504-046204 FAX (4151 454-7670 ~""", - - September 15,1997 d SbJ 1 :1" ~ ;' '1 /' I' <,,/ :~~-::/' 1_:, ' ,...1-' '.....1__, , .....;;-- Town of Tiburon 1505 Tiburon Boulevard Tiburon, California 94920 Tei!:' ! .~ Attention: Mr. Robert Kleinert, Town Manager Re: 105 Trestle Glen Terrace, Tiburon. California Dear Bob: I have been furnished with a copy of a letter by Hatcher & Rundel, attorneys at law, dated August 29, 1997 as representatives of the owners and possibly the prospective owners of 105 Trestle Glen Terrace, Tiburon, In said letter request is made that the action of the Town Council to declare 105 Trestle Glen Boulevard a nuisance and order abatement thereof be held up as apparently an escrow has been opened, agreements have been signed and a "construction budget has been generated". The bleak history of the actions of the owners, promoters, or developers of the project in complying with Tiburon's orders and directives is sufficient reason to proceed with the hearing on September 17,1997. Prior promises of performance of corrective measures and safety measures made to the CounciL il~ \vell as officers of the T0',.1v11 of Tiburon, '..vent totally unperformed and it was not until the Town of Tiburon ordered the nuisance abatement steps to be taken that any movement on the part of the owners or developers of 105 Trestle Glen Terrace occurred: they finally knocked down tall weeds which had presented a real fire danger to the entire hillside, The letter indicates that an escrow has been opened but neither the Council nor my client, Mrs, Higgins, has any idea of the terms of the escrow, of the terms of the construction budget, and least of all, the letter makes no mention of construction financing, If yet another extension of time is granted and the hearing continued or canceled, there is an almost 100% certainty that the status quo will remain indefinitely, Town of Tiburon September 15, 1997 Page Two F or example, no protective fence has been erected around the building preventing juvenile an other access to the building nor have the windows been boarded up, all as requested by the Town, Neither the opening of an escrow nor the generation of a construction budget are substitutes for compliance with the safety precautions which the Town of Tiburon had requested, The Town of Tiburon has given the owners, developers, promoters, etc. of 105 Trestle Glen Terrace, plenty of time to comply with the minimal requirements that the Town has made and they have failed to live up to any of the promises which they made to the Town, My client, Mrs, Marion Higgins, requests that in the event the Town Council should continue the hearing or, in the alternative, order abatement of the nuisance and stay execution thereof, the respondents should be ordered to post a performance bond with a penal sum of one hundred fifty percent (150%) of the estimated cost of completing the entire project to a marketable condition, The bond could be supported by a performance agreement in which the owners guarantee a completion date satisfactory to the Town, The agreement should be part of the escrow mentioned in the letter, The letter mentioned above gives no assurance to the Town of any performance on the part of the owners to Tiburon, Escrow's have been known to fail, construction budgets have been known to be inadequate and the resulting financing based on such defective budgets have equally been proved inadequate. Ultimately, the completion of construction is governed by an agreement to which the Town is not a party and which the Town cannot enforce, On behalf of Mrs. Higgins, I respectfully urge the Council to proceed with the hearing on the existence of a nuisance and an attractive nuisance and abatement thereof at your regular meeting,of September 17, 1997, I urge the Council to find the structure on 105 Trestle Glen Terrace to be an attractive nuisance, particularly to children, and a public nuisance and an invitation to intrusion by squatters, particularly with the winter season being near at hand, Respectfully submitted, -<~lIj~~ Stephen H. Kaufmann, , Attorney for Marion Higgins SHKlamk . "C JO"M UrCO-" 1,]"r, FROM DKS ASSOCIATES - OAK TO 14154350430 POD i/003 r-k~ NO, 1- OKS Associates 111,',ti :'\11'11';11 'I Sltl}r:', Suite.JOtl I I:!I./,ilr,/, ('.11 Ij./l,/:':'!,U9 ::)/1)) 'ti,i,'r!/;, 1,/,\' ("lrI}_-'t.,'i /,',-)1.1 Serte",her 21i, 1997 Sia Barmand Town Engineer Town of Tiburon Fax; 415-789-9256 nab Dranz City Engineer City of Relvedere Fax; 415-435-0430 Subject: Supplement 2 to Tiburon Main Street Circulation Study Dear Sirs: This supplement is prepared in response to questions and comments to the original rqlllrl dated August 20, 1997 and a supplement dated September 11, 1997. The report was reviewed in delall and discussed during a working meeting with thl' Main Street Ta.<k Force members from the Town of Tiburon and City of Belvedere held on August 25, 1<)97 and again on September 16,1997. Additional cnmmt:nls from tht: City of Bt:lvedere were transmitted as a part of a staff report on September 22. 1997 Althe September Iii, 1997 meeting the drawings prepared for the City of Belvedere wt:rt: provided, Comments to this new infomlation an: I1S follows: Relverlere Staff Report Elimination ofrhe rwo Ark Row purkin1{ spaces nearest the turnaround. This wil/ul/o'tj' mo,I'/l'ehicles exiting Corinlhian /0 turn left onlo Ark Row withoul having 10 14.\'" rhe turnaround. partlculurlyar hiXh-lrcrffic hour.l'. (see a/I'J('h~d skeleh) This proposal is acceptable, If this proposal is selected we would recommend that a stop sign be installed for southbound Ark Row lraffk at this IncHlio". Thi, ,(up sign shollld be in addition to thaI previously recllmmended lilr ^kalral ^Vl'lllle. . r.!I~ :ccM Dho AoSvvlATES - OAK Te, 14:5,4350430 P002/003 \" However, moving the ticket dispenser for the parking lot to create additional queuing area and additional enforcement of no stopping and standing in the existing turnaround area would greatly reduce the need for this new turning movement. InstaUation of additional signage on Ark Row: a, "NOT A THROUGH STREET" .\'ign at the Beach Road en/rance. b. "~DOWNTOWN PARKING" .\i~" ai/he Be/levue b#er,,,'c/iol1. T'hi~ l'rnl'n~,,' i~ an mccellenl idea and will n"cd I" he iml'lerncnled with" "oe- way lower Main Street. The additional three items mentioned in the staff report are outside the scope of our work, Belvedere Two-way Coneept Sketches These sketches depict different ways of providing a two-way roadway with parking for Lower Main Street. The~e .r;;:.chemt':~ are minor modific:ui(ln~ to thf~ Oplinn 1:1 nn Figure: C of our Tl:port. The modifications only address parking and sidewalk widths. They suffer from many of the same shortcomings as detailed in the original report. Our recommend remains unchanged and that the one-way alternative is still the superior alternative for Lower Main Street. Scheme A This scheme will present an enforcement issue as cars will tend to pllrk in the truck loading z"ne. While it i~ n('lt a traFfic engineering issue, th"r" will h., a probl"1l1 with keeping the truck parking area clean and free from nil and other grim i1,,"ociated with trucks. The presence of oil and grim will tend to make the area less desirable fhr pedestrians. Scheme B This schcme will have a signific!,nt negative i1nl'act tn tho:: Ark Row at Aea.;;1I RnaL! intersection due to the parking/trllck loading heing moved to the south side of I,ower Main Street, This will increase the southbound traffic nnw through the ar"R. It will also require trucks to access the loading zones by turning left onto Ark Row from Beach Road. This increase in left turning tramc. particularly trucks, is the primary cause for this impact. It is estimated that the overall delay at this intersection may be increased by as much as IOta 15 seconds. Since the parking area is li,r trucks only. it will suffer from the same cleaning and enforcement prohlems as Scheme ^- q:lp1P1191 }'H'\,J,}O:.1l~p,,.'.J,,~' Page 2 DKS Associates j . i:::AM FROM DKS ASSOCIATES - OAK TO 14154350410 POOl/DOl Scheme C This scheme will have the same negative impacts to the Ark Row at Beach Road intersection as Scheme B, It will however, not have the cleaning and enforcement problems of Schemes A and B, Scheme D This scheme suffers from the same negative impacts to the Ark Row al B"..ch R"ad intersection as Schemes Band C. The relocation ofthe crosswalk Ilearesllhe lurnaround to allow for parking will have a negative impact for pedestrians walkinlllrom the parking lot. In terms of pedestrian flow it is impnrtant that this crosswalk remain as shown 011 the other proposed schemes. If you have any additional questions please call. In the meantime we will he prepared tn make a presentation to the joint city cnuncils on Monday Septemher 29, 1</97 al 7:30 I'M. Sincerely, o~^iO: k William H. Dietrich Principal It I(lW7\U':' J/JI)Wuuu-wpbJ ..1lc Page 3 OKS Associates t ];JefM- /Uu. TOWN OF TIBURON MEMORANDUM . . Police Department _[~~;i,.'.C~)_ ~:V' \ ',',' - ,-' "'i ,,</-'c~ :;o~_~ :_: ..0, ~" O~N-'A-- \~(,. ~ , . i'-' ,l . J': To: From: Subject: Date: The Members of the Tiburon Town Council Peter G, Herley, Chief of Police Public Safety Radio Communications Project - Resolution September 25, 1997 ., ,. .' ,., ". -\,,"'-' \ ,) , ' , : -;--,]'_"Cf: The strength of the backbone of any public safety agency is its communications system. Currently, one of the weak areas of Marin County's public safety's communications system is the inability of a multiple of public safety providers (including police, fire, public works, etc) to speak with each other via emergency communications, The current system we use (termed "low band") is antiquated and out-of-date, For that reason, for the safety of the public and all public safety service providers, the Marin County Police (sans a few Ross Valley public safety directors) and Fire Chiefs have endorsed a plan to create a county-wide radio communications system, Under this plan, to pay for the cost of this system, each user (e.g, city) would be assessed according to the numbers of radios it uses, Attached is information relating to each agency's share of costs on a cash basis and the down payment and annual cost if spread over a 25-year lease, There is still a possibility that the cost, with further research, will be lower, A major hurdle is acquiring the adequate number of radio frequencies from the Federal Communications Commission (FCC), Unfortunately, obtaining radio frequencies from the FCC is extremely difficult. In order to help "lock up" (reserve) these frequencies, it is imperative that the FCC is convinced that the various governmental entities support the development of this very important communications system. Thus, each city is being asked by the Public Safety Radio Communications Project Team to approve a resolution (attached) that it supports the communications system by October 10, 1997, It is recommended that the Tiburon Town Council adopt the attached resolution noting that it supports the purchase of a county-wide state,of-the-art public safety communications system within Marin County and requests that the County of Marin make application with the FCC for the necessary frequencies to support the system. 11--- PETERG, CHIEF OF POLICE 09/24/1997 15:29 ---J ..0, . '. ' .". .:.:;..........;;...~........... COUNTY OF MARIN . 4154352438 TOW!, OF TI BURON PAGE 01 DEPARTMENT OF PuBLIC WORKS """"'......no. ml'~'70 ACCOUNnJliiC 41l1499-6ll1 AllPORT "l-A~,....-r_ NovAlU, C~ !I4'l41 'll/897,17~ F..4151198.lll1 BUIUlIIIC MAIHTII<ANCI m/499-6.l76 F",41l1499,]~ CArlTAL hol&CT' '''/499-7171 F",4Il/499-J7'l4 ["""'w..c " SUIVtY 41l/499-7877 F",4Il/499-J714 COUIm GAIlAGI: .ll/499-7]80 F,'41l1499.]1]1 1.4,... lkvU-OrM'.T " fl.QOD CooiTlOl. 0ImJC1' '1l14\l9.6s.l9 "''''''IIOC .llI4\l9.6177 F.x41~17 '0lM'Y PttIlt:IWINC: ACDT 4Il1'\l9.6J71 J~lJtlIItAnoN M..,lmfU,Nq .ISI'99-7J1l Fu 4IlI499,]713 IluJ.Emn .llI_71 F.. .1'/499.37'" R<MD MAIJliTtl'lANCJ: '"1499-7J81 FA.l\....I~/....99-J6'~ TlAflIC E'fCISE!'~C JI"J99.t,'~~ W \)l[ :\I"~[~I(~T <l1I4_7 F..4111499-J714 \.,- PO. Box 4136. San Raf.,,1. CA 94913-4186 '41:5/499-6323' FAX 415/499.3799 September 12, 1997 Mebdi MadJd-Sadjadl. P. E. Dir<<~ To: Marin Cityfrown Manqers Executive Officers of Public Safety Organizations Including Police. Fire and Public Works Reso1utiollJ of Support Needed Re: On beIIIlf of the Public Safety Radio Communications Project Team, we are pleaed to report dII1 our project to provide a bighly reliable and state.oC-the III rdio communications system for Marin public safety providers has made ~ prosr-, Our field testina of the &equencies aUocated to us by the Fedenl Communicatioas COIIIIIIission (FCC) has successfully concluded. In Idclition, we have obtained iDitia1 data concerning system linancing on & leased basis that wil11lOt require the iuuance ofbondl and will be flexible enouah to aDow thole jurUdictions wbidllre able to pay on a cash basis to do so. I have .tfa<ehed information which shows the conservative financial projections for the project, The apradIhects show each apucy's share of costs on a C&Bb basis and the down payment and annual cost if spread over a twenty-year lease fi'llllCt ammgement, We Ire confident that. with further research, we can obtain even better rates that will reduce costs for all. In order to Iock up our aUocated frequencies for use by Marin County public Rfety providers, we must apply for licensing by mid-October, Our license application wiD m:eive an improved chaace of approval if it is accompanied by resolutions showinf the support of your apucy, Will you p1eue obtBin the endonement of your Board ofDirectOt$ by adoption of the endOIed resolution, The executed resolution should be sent to Margaret Ryan It the DepIltmelIt ofPubli~ Wow no Iller than October 10. I have endOIed the stiff report presented to the Board of Supervisors and a raoIutioa for modification to suit your qenc:y. After we ~ an iDdication of the level of project support and p4II1icipation, we will be able to funhet refine our project costs and financial data, v cry tnIly -:}~rian Chid ADstant Director PIlOno . "" . Encs, -='6I'-A .""_ IX' F... 09/24,1337 15:23 4154352438 TOWN OF TI BURON PAGE 02 RESOLUTION NO. A RESOLUTION INmATING PARTICIPATION IN THE PURCHASE OF A COUNTY,WIDE STATE OF THE ART PUBLIC SAFETY RADIO COMMUNICATIONS SYSTEM WHEREAS. the County of Marin and other agencies providing public safety services in Marin heve jointly determined that the County's public safety radio communications system IS obsolete; and WHEREAS. it would be greatly beneficial for public safety and disaster preparedness for the public safety agencies of Marin to be able to communicate with one another regardless of the type of service Whether it be police. fire or public works; and WHEREAS. a series of radio frequencies in the mid-range of the spectrum have been identified and tested which could be designated for use by Marin agencies for a coordinated public safety radio communications system and; WHEREAS. it has been determined that a trunked radio system with digital capability would prove to have a desired functionality and dependability to serve Marin public safety agencies; and WHEREAS. it behooves Marin public safety agencies to act cooperatively to purchase such a system to meximize functionality, reliability and efficiency while minimizing costs. NOW THEREFORE. IE IT RESOLVED that the supports the purchase of a county-wide state of the art public safety communications system within Marin and requests the County of Marin to make application with the Federal Communications Commission for the necessary frequencies to support such a system. It is certifie(j thet the foregoing resolution was duly and regularly intrOduced and adopted at a regular meeting of the on the _ day of ~. 1997. by the following vote. to wit: AYES: NOES: ABSENT: Attest pues"~so. OOCILC 09/24/1397 15:23 4154352438 TOWN OF TI BURON PAGE 03 COUNTY OF MARIN OFFICE OF THE ADMINI8TRATOR ...-"---.., .. . 3501 CIVIC CENTER D~ln, S'Tn, 331. S,-~ R.\I'.\CI.. (.-\. 94903 4151499,6358 - FAX 4151507,4104 '\ Martin J, NichC)j. County Adrn.;nlsh.ll~,t JUly 16, 19W Metnllers of the 80.-d of SUpelVlSOI3 The Marin dounty Civic Center IU8.lECT: Countywtde Public 8afwty CommunlQllons Sysmn RECOMMENDATION: It II rtcommencleclthat your Boan:t lake lhe first offlcialac;tjon 10 begin Ihe rwplacament of lhe County'S Obsolete puIlIic safei}' n1dlo communications system by luthonzlng the aPPl/c:atlon for fnlquenc:y allocation 10 the Federal CommunicaUons Commission (FCC) and invlle Ihe clljes. town. ancl spedal cllslrfcls WIllcll IIH the cull'llnt system 10 Join us 8S partners 10 ensure Ihe pnlvl$ion of . highly reliable and state-of-Ul..n communications system 10 meellh. nellds of fire, police. public wotts and tmelgency mlldical operatiOrq within Mann. SUMMARY: Two yeefl ago. rherocal governments of Marin began an .ssassment of the Pulllic Safety Radio Communications SVItem. Sharing the COSt. the users of the current radio .yst.m, including the C_ty of Marin. f1nancad a thorough study of this -Vlt.m by an outside consultant .pac:iallzing In this technical.... The conclulions Of that ....ssment were th.t our current low band syltMl will not ..rve us into the furunl. Project staff has oOtainlld a pre-designatlld .egment of ".quenci.. IlllIt will RIIClU8taly serv. the proieaed ne.ds of th. county, The.. fraQuenci.s hav. bftn taltad .nd have passed th. initial tasting, Now ia the time to mov. ahead to lII'eserve these frllQuenciQ for the uae of public lafety providers. Approval of the Ucensing application denotes a commitment to use these freQuencie. and move forward on the public safety communications project, FISCAL IMPACT: TIlere is no finlnciel imp.ct associated with th. licensing application although Board auttlorization denotes COllC8DtUal approval Of the new radio system. ALTSRNATtVE TO RECOMMENDED ACTION: Failure to lock up the.e frequencies will mean that the frequencies will be sold to the highest private Sector bidder REVIEWED IV: I "J Auditor Controller [ x] County Counsel f;u ~"~- ROBERT OOYlE, Sheriff ( ) NtA [ ) NtA I J NtA, STAN ROWAN. Fire Chief cX~~~ llNOA CHRISTMAN Assistant County Administrate< ~.~~ . "CMiMAO;~J~ Director of Public Works 09!:Ji1337 .5:29 ,ll5" 352"38 TOW" OF TI BURO" I-'Alvt. (J... DISCUSSION: One of the ptlmary concerns regarding the current law-band public safety radio system was that the malar suppliers of public safety radio equipment were leaving the low band market and, in th.. n..ar term future. would no longer supply equipment or replacement parts for low band equipment. One of the reasons that suppliers Mad OPted to leave the low band market was that most police and fire agencies within CalifornIa haO changed to high band equipment yea,s before, Indeed. the California Highway Patrol, One of the last major agencies to remain On low band frequencies has now deCided to leave low band beCause of the diminishing availabilitY of equipment and maintenance SUPPOr1, While lack of a high quality equipment supply was and is a major concern. it was not the only concern, Other issues that prompted the review of our low band system are as follows: . We need a system that allows all agencies to talk to one another regardless of jurisdiction or type of service--fire. police or public works. . We need a system that will operate on the frequencies that are available to public safety in this era of heavy competition for the airwaves. Public Safety must compete with cellular phone providers and other lucrative private sector uses, · We need a system with proven functionality and dependability, Public Safety is not the arena for experimentation with unproven technology. In order to accomplish these policy goals. certain strategic decisions were made with the advice of consultants in this technical field of radio communications and with the support and in consultation with representatives of the local governments of Marin; . We have agreed to u:;e a trunked system to maximize the frequencies allotted for our use Oy the FCC. . We have agreed to use a 'performance specification' rather than a traditional "equipment specification" bid process, . We have Obtained initial data concerning financing this system on a leased basis that will not require the issuance of bonds and will be f1exiOle enough to allow those jurisdictions whIch ar.. able to pay on a cash basis to do so. . We have agreed to partner with forward thinking Mann local governments to reduce rhe cost and increase the efficiency and reliabiHty for all Participants. In partnership with other Marin jurisdictions. we have put together a alan that is practical .nd .fford"ble while ensutlng the continuation of highly reHable publiC safety communication for Marin County's police, lire and public works agencieS, Please see attached additional Information. 5~/=4il~~7 ~ 15:29 4154352438 TOWN OF TIBURON PAGE 55 Marin County Fire Chiefs Association Mann C~\mly C.zJifonlla C:u.,- O(fic.." Firll! ?:"!~uon OffiC'~:s; r...n"'i C(fic:." TO: City and Town Mayors and COU11Cllmerrbers Fire Protection District Commissioners Marin Count'( Board of Supervisors June26,1997 From: Fire Chiefs Subject: Countywide Public Safety Communications System~ Over the PUt several months, the police and tire chiefs of Marin have held ,nformationClI meetings on the status Of our cwrent low bat'ld communteation s'f$tems. We hClve concluded that our current technology wiD not adeQUately meet the pubf'1C safety needs of Marin's cities, towns, and districts into the nellt centurY. A Countywide system is the best choice for Marin's public safety agencie:s becauM of the benefits of int8r~ll8rability. diSUter prepClredness. and the economies of scale. We urge the e/llcted officials of Mvin to :support and pursue modern, mid-flnge. digital trunklld synem as a ma communicatIon among police, fire, and pUblic wor1u throughout Marin. ~L:~~ Terry IGldow, thief Alt ichard Roger Sciutto, ChIef ROS$ OPS Robert Fox. Chief Coru Madera FD MU~~ Mike Meszaros, Ch ~Vg-do 0,," undo~ C I~ ~lf:~l.:l Fi"O ( _ ,.-/- \ I -----, - ~" -<....~-""", ~~'""----= 'lObe" Sinnott. Chief ~arlo;sour ;:0 .\ ,"",.\~ \, ~ ' \.\ ,;'. \~\....:--- H,~, Rowan. Chief Mann County FO Ron Zeise. Chief Ross Valley FO .-dC4f7 ~/J'71/,;"lj/: Robert Marcucci, ChIef San_Rafael FQ / ;/ /' iI.-L / ;;,,.., ~ y:' .-'~~' 1'/ ,:!-~(~ ': ~_' Stevelwillis. ChIef Sa\J:JCIlito FO c .. ) - .---.." ~ .~ \ . , Kendnck Ranl'l. Chief Stin:son :!eac:-t ==~ ~~... -' " o.r-" Anderson, ::1ref Tamalcais'-Fi"O 09/c4/1997 15:29 TOWN OF TIEURON 4154352438 Jz" L4~~ /;/av:}Ceul'1aus: Chief ~~ rmwood FO '"'\ ;-.- . - l' /')..L- .7...-. ~-- .~../ / G '.,t(....~ ?!:ter Brindl';;. OIief Mill Valley FO ~~-Q.'--"',:::"\ ~ \:s= lIes.mar, Bliss. C~lef Tiburan F?O PAGE 05 e~/24/1997 OF TIBURON "'--- ~.. -.~ ~.. - '~';"'~~,. ~ ~ ---"" ~ .-., PAGE e7 Jure 13. 19!1T TO City Councils Fire Oistnels Waler OistnelS Mann County Board of Supervisors SubJect: Countywide Public Safety Communications SYSlems Over the past Sevetat months, !he Police and FIRt Chiefs 01 Marin have held Intormabonal meetings on trnI stalUs of our Clllftnt low b<md communication systems, We have conduded that our current teChnology will not adequately meet the public safety needs of Marin's cities, town:; and distncts Into lt1e next century. A countywide system is lt1e best choice tor Mann's ~ublic safely agenCle:; because of the benefits of inter~perability. disaster preparedness and the economies of scale. We urge the elected otfici81s of Marin to support and fund the acquISition of a modem, midrange. digital trunked System as a matter of priority to ensure en'ective communicalion among police. fire and public works employees responding to emergencies throughout Mann, James L Anderton, Chle' F ClJ!'fax POlice O.partment /';j"'_~\ A_~ 8nan Brady. C~I.' ~ollce C.panment , .o~ter enndley. Cirr.:cr !'~IiCt ] Mdt Valley Police Otllartment Ir~ Serv!ces . gemare Oel SantO, C~'e' San-,nselmo ,,~ Department l Roger Sc;utlO. O"l!C:or 0' P'J~hC 5aiety Ross ~-:hce Oeoartr.1ent p, J , ~:;i(..---J ( i.....' \ ...I T~ lMgnt C:'ller "- Mann C.:mmunlt'/ C.Jlleo;e GIS~-:C: ?8\ICe I I _J ,....,.., ,I I' /L.~L---~/7, ~~ ,_.f ....~ ~ Ste~r:e~ \A INIIIIS. :'Ir ~-:HC~ arc ;=-(~ S~!"'''c~s Sausalltc ,:lCIIC!3: ;:e=ar':mer.: . f - . II j . I ;'" (, {, . \ ~ ';{ccen ':' Coy 'e. Shenff ~'::unry ;f'A,ar1n ~~~ff~-- ---::- ~ ""0: --"....~ C~ ..' -'Nlr: ':-:le5 ~-:llct ~I.,itncrlrl ....".~.N"Na T""II ~CLt..C'W"Na ~ ENPQACIIM.NT AQe""'etE'. 3E'..'I==:e::lE . =.:\\..IFO~I'\II~ ,.41GMWAV DA.~I:lIO,-. C'STIIIIC~ Ai70lC'NEV . j:A,a,ca,X . _"'~~IN C=L'..:':i2 ""'lIL_ IAL~~" . '\lev_TO '" QCSS '" S.AN ~NSeL.,""c. S..N =tAF.o\E~. 5""'L.,.:S~,,".T'C. s,...e:::::ll'-=. -.SLo_C...... -/VIl'\4 ::._....== 09/2Ji1397 lS:2g J154352438 TOWN OF TIEUROI, PAGE ~8 PRO-RATA SHARE FOR CASH PURCHASE OF ENTIRE SYSTEM FOR PARTICIPATING AGENCIES REVISeo. 'I' PRO-RAT A EXISTING AGENCY AGiNCY , RADIOS SHARE FREQUENCY SHARE ALTO FIRE 15 0,8% LO '158.646 SELVEDERE PO 9 0.5% LO '95.188 BELViDERE PW 8 0.4% HI '84.611 SOLINAS I'D HI 0,8% LO '169,223 BOLlNAS PlIo 3 o,a, LO $31,729 CORTE MADERA FD 24 1.3% LO '253.834 CORTE MADERA PW 22 1,2% HI '232.6S1 COUNTY OF MARIN 661 35,0% HIILOIUHF '6.991,010 FAlRFAlLI'P 15 0,8% LO "5S,648 INVERNESS PUO " FO 19 1,0% LO $200.952 KENTFIELD FD 45 2,4% LO '475,939 LARKSPUR Fe 38 1.9% LO '380.751 LARKSPUR PW 8 0,3% HI $83,458 MARIN COMM COUEGE 12 0.8% LO '126,917 MARINWO DFD 22 1.2% LO S232,881 Mill VALL YFO 33 1.7% LO '349.022 MILLV-"!,! vpg 37 2,0% LO '391.327 MILL VALl vpw 22 1.2% HI '232,881 MMWO 52 2.7% LOIUHF $549,974 NOVATOEP 711 4.0% LO $803.808 NOVATO PO 8& 4.5% LO $909,572 NOVATO PW 33 1.7% HI '349.022 ROSS PUB 24 1.3% LO S253,834 ROSS VALl :VFO 30 1.8% LO '317,292 SANA~OPO 24 1.3% LO 1253.834 SAN RAFA FD 80 4.2% LO '846.113 SAN RAfAIl. PO 143 7.8% LOI8OO '1.512.427 SAN RAFAB. PW 75 4,0% HI t793.231 SAUSALITO FD 32 1.7% LO '338.445 SAUSAUTO PO 30 1.ll% LO 1317.292 SKYWALKEI RANCH Fe 111 1.0% LO $190.375 8M AMB A TH 211 1.4% LO $274,987 STINSON IS ACH FO 21 1.1 'll. LO S222. 1 05 TAMALrAlS FO 16 0.8% LO '189.223 TASk FORCE 31 1.6% LO t327,869 TIBURON FD 21 1.1% LO 8222.105 TIBURON PO 20 1.1% LO '211.528 TIBURON PW 9 0.5% LO 195.188 TWIN CITIES PO 39 2.1% LO 1412.480 TOTAL 1.891 100,0% '20.000.000 . Adjusted per litest PoDee and Fire surveys conducted in August/September 1997 for future/planned lIurchase. ldall07g.ld. ~9!:4!1997 15::9 4154352438 TOWN OF TIBURON PI\GE ~9 PliO-RATA SHARE OF ANNUAL PAYMENT FOR 25'l(, DOWN PAYMENT OF $20 M. SYSTEM FOR PARTICIPATING AGENCIES REVISED. % PRO-RATA EXISTING AGENCY AGENCY , RADIOS SHARE FREQUENCY SHARE ALTO FI!!II 15 0,8% LO '39.662 BELVEDERE PO 9 0,5% LO '23.797 BELVE~pw 8 0.4% HI '21,153 BOLINAS PO 16 0.8% LO '42.306 BOLINAS I'UD 3 0.2% LO f7.932 CORTE ~ERA FD 24 1.3% LO '63.458 CORTE~ERA pw 22 1,2% H' '58.170 COUNTY OF MARIN 661 35.0" HIIlONHF '1.747,753 FAIRFAX ~ 15 0.8" LO '39.662 INVERNE~ PUD & FD 19 1,0" LO '50.238 KENTFIElO FO 45 2.4" LO "18,985 lARKSI'UR FD 38 1.9" LO '95.188 LARKSP\JFII'W 6 0.3" HI '15.865 MARIN CO.J!INI COUEGE 12 0,8% LO $31.729 MARINWOOD FO 22 1.2% LO '58.170 M,U V AlL!Y FD 33 1.7" LO '87.255 MIU V ALU!V PO 37 2.0" LO '97,832 Mill. VAllEY pw 22 1.2" HI '58,170 MMWO &2 2.7" LONHF $137.493 NOVATO Fa 78 4,0" LO '200.952 NOVATO PO 86 4,5% LO '227,393 NOVATO f'W 33 1.7% HI $87,255 ROSS PUB SAFETY 24 1.3" LO '63,458 ROSS V.FD 30 1.6% LO t79,323 SAN ANS PO 24 1.3" LO '63,458 SAN RAFAEL FD 80 4.2" LO $211.528 SAN RAFAEL PO 143 7,8" LOI800 '378.107 SAN RAFAa P'W 75 4.0" HI '198,308 SAUSALITO_FD 32 1.7" LO $84,611 SAUSALITO PO 30 1.6" LO t79,323 SKYWALKER RANCH Fa 18 1,0" LO '47,594 SM AMB AlIl'H 26 1.4" LO $68.747 STINSON ~CH FD 21 1,1 " LO '55.526 TAMAlPAIS lID HI 0.8" LO '42.306 TASK FORCE 31 1.8" LO $81,967 TI8URON FO 21 1.1 % LO '55,528 TlBURON PO 20 1.1" LO $52,882 TIBURON PW 9 0.5% LO $23,797 TWIN CITIES PO 39 2,1% LO .'03,,20 TOTAl 1,891 100,0" '5,000,000 . Adjusted per lat.Sf Police and Fire surveys conducted in August/September 1997 for future/planned purchase, td8T187..ld. 03/:~(13g7 ~5:2g 4154352438 TOWN OF TIBURON PAGE 10 PRO-RATA SHARE OF ANNUAL PAYMENT FOR lOAN OF $15 M, AT 6% FOR PARnCIPAnNG AGENCIES REVISeo- ~ flAO-RAT A EXISTING AGENCY AGENCY # RADIOS SHARE FREQUENCY SHARE ALTO FIRE 15 0.8% LO $10,229 BEL VEDERI PO 9 0.5% LO '6,138 BEL VEOERe PW 8 0.4% HI $5.456 BOUNAS FD 16 0.8% LO $10,911 BOUNAS P D 3 0,2% LO $2.046 CORTE M.lI ERA FO 24 1.3% LO $16.367 CORTE M.1l ERA PW 22 1,2% HI "5,003 COUNTY 0 MARIN 661 35.0~ HIILONHF $450.773 FAIRFAX PI) 15 0,8% LO $10.229 INVERNESS PIJO " FD 19 1,0% LO $1 2.957 KENTFIELD FD 45 2,4% LO $30.688 LARKSPUR Fe 36 1.9~ lO $24,550 LARKSPUR M 8 0.3% HI $4,092 MARIN COI 1M COllEGE 12 0.8% LO $8.183 MARINWOI OFO 22 1.2% LO "5,003 Mill VAlLEY FD 33 1.7% lO $22,505 MILlV~PO 37 2.0% LO $25,232 MILL VAL PW 22 1,2% HI ., 5.003 MMWD 52 2.7~ LONHF $35,482 NOVATO F 78 4.0% lO $51.829 NOVATO F 86 4,!l~ LO $5B.648 NOVATO, 33 1.7% HI $22,505 ROSS PUB AFIiTY 24 1.3~ LO $16,387 ROSS VALL :v FD 30 1.6% LO nO.459 SAN ANSEl. .tOPe 24 1.3% LO $1 6.367 SAN RMAE FO 80 4,2% LO $54,557 SAN RA~O 143 7.6% LOl8oo $97.520 SAN RM PW 75 4.0% HI $51,147 SAUSAUTO FO 32 1.7% LO *21,823 SAUSAUTO PO 30 1.6% LO $20.459 SKYWAlK RANCH FO 18 1.0~ LO $1 2.275 SM AMS AUTH 28 1,4% LO $17,731 STINSON IllACM FO 21 1.1% LO $14,321 TAMALPAIS FO 18 0.8% LO $10,911 TASK FORCE 31 1.6% LO $21,141 TISURON Fe 21 1,1 % LO $14,321 TIBURON PO 20 1.1% LO $13.639 TIBURON PW 9 0.5% LO '6.138 TWIN CITIES PO 39 2,1% LO '26.596 TOTAL 1,891 100,0% $1.289,580 . Adjusted per IiItut Police and Fire surveys conducted in August/September 1997 for future/planned ~urchaS\l. ,.., 187f.Jda TIBURON TOWN COUNCIL STAFF REPORT Subject: October 1, 1997 TOWN COUNCIL MEMBERS RICHARD STRANZL, FINANCE DIRECTOR OPEN SPACE PATH REPAIR/CONSTRUCTION SUGARLOAF AREA- ADDITIONAL APPROPRIATION OF FUNDS FOR PROJECT Item: # 1 Meeting: To: From: Backl!round: This item is for revised budget authorization for the capital improvement project to complete repair and construction of path steps in the Sugarloaf open space area, This is the "Missing Link" project which was surveyed and studied two years ago, and which received budget authorization in Fiscal Year 1997-98, This project is currently authorized in the Fiscal Year 1997-98 budget: A total of $5,000 is appropriated in the Open Space Fund for path repair and construction, and additional funds are required to complete the project. The Town Engineer has asked contractors to inspect the site and estimate the cost to complete path construction, and it is now the opinion of the Town Engineer that this project will require a total appropriation of$IO,OOO. The Open Space Fund currently has available resources of approximately $98,000; a further appropriation of $5,000 would reduce available fund resources to $93,000, Recommendation: Town Council approve the appropriation of an additional $5,000 from the Open Space Fund for this project. The revised total appropriation for this open space improvement project is $10,000. C~ by: R. Stranzl, Finance Director 1 TOWN OF TIBURON STAFF REpORT ITEM NO. JQ To: From: Subject: Date: TOWN COUNCIL TOWN MANAGER CYPRESS HOLLOW ANNEXATION INTEREST October 1, 1997 BACKGROUND Property owners residing in the Cypress Hollow area on the Tiburon Peninsula have expressed an interest in annexation to the Town of Tiburon. They have been in contact with LAFCO and Town Staff regarding policies and procedures relating to annexation. The Cypress Hollow area is located below Via Los Altos and westerly ofBlackfield Drive. The area is a relatively new subdivision consisting of 44 parcels of which only four (4) remain vacant. The property owners have submitted a letter and petition indicating their interest in annexing to the Town. The petition has been signed by property owners representing approximately 30 of the parcels. The petitioners have also expressed interest in future annexation of their area to the Reed Union School District. The purpose of this matter coming before Council at this time is for conceptual approval only. Council should consider the Town's annexation policy, potential costs, and our ability to serve the area. Staff s preliminary review of the proposed area for annexation is that it would not impact our current levels of service and essentially represents a minor extension of our current boundaries. RECOI\1MENDA TIONS I) That Council approve in concept the proposed annexation of the Cypress Hollow area to the Town ofTiburon; 2) That Staff be directed to contact LAFCO regarding the residents' interest and the Town's willingness to annex the area; 3) That LAFCO to provide the Town with an estimate of additional revenues which would be received by the Town from this annexation and what specific fees will be required by LAFCO to process the application; 4) That LAFCO consider and explore possible annexation interest of the adjacent Barn Road and Rancho Drive residents who are currently in the unincorporated area of the County. TOWN COUNCIL STAFF REPORT Page 2 October 1, 1997 EXHIBITS --Town Manager Memorandum to Town Council dated 8-1-97 --Residents' Letter and Petition to Town ofTiburon dated 8-22-97 --Area maps depicting the proposed boundaries of the Cypress Hollow area o f - N MEMO TOW N T I B U R o TO: TOWN COUNCIL AUGUST 1, 1997 FROM: TOWN MANAGER SUBJECT: ANNEXATION INTEREST/INFORMATION - CYPRESS HOLLOW This past year I have had occasional discussions with a Mr. Carlos Shelton of Cypress Hollow concerning possible annexation to both the Town and the Reed Union School District. Mr, Shelton indicated that he and several residents are interested, and that he was planning to explore the matter with all of the Cypress Hollow property owners. Mr. Shelton contacted me this week and stated that he had written to all Cypress Hollow residents concerning this issue and the response to date has been very favorable. I requested a copy of the letter that he had sent, which is attached for your information, Please note that while some of the information is not totally accurate, it does provide the residents with a general overall understanding of the annexation proposaL Mr. Shelton is now preparing a precise boundary map of the area identifYing those parcels which have expressed an interest in annexation and a petition of the affected property owners. He would then like to proceed with the Town concerning the next step in the process, R.L.Kleinert f(~K Attachment cc; Town Attorney Planning Director F ~~3-Jl-1337 lJ:2S =~JM T~e I~~~s ~rJ~a. r~=. n 34352438 ;:l.al Ju!y 14, 1997 Dear i" elghbors. When I first purchased my home in Cypress Hollow.' ver three and a half years ago, I inve!itigated the possibility oftbe annexation ofCypr ss Hollow by the Town ofTiburon However, I was quickly told by Southwest Diversifi that, as o\vners of all but two of the par.cds. they would not support such a move (in fact because the planned density of homes in the neighborhood was greater than that all ed by the Tiburon Planning Commission, Southwest Diversified needeci to make re the area kept its "unincorporated county" status> I "'ow that all the homes have been sold, and because le density rules do not apply to eXisting homes, annexation by Tiburon IS again a \ia Ie option. In recent talks with several of our neighbors T found a fairly broad intere t in pursuing the possibility As a result I took It upon myself to do a little more invest gating. In order to be annexed by Tiburon we, the residents would have to submit a request in writing to the Town ofTiburon If the request is vi ed favorably, we would tben have to fill out an extensive form detailing such items as t e coordinates of the neighborhood, the number of parcels, etc. The form would be fo ded by Tiburon to LAFCO which would evaluate, and hopefully rule favorably on, the proposaL The final Si"P wOll1d be the approval of the a.rnexation by the Tiburon To'W'TI C ' nse! (I recently met with the Tiburon Town Manager and was told that, altloough he coul not guaranteed it. our neighborhood meets the Town's criteria for annc.xation and would robabiy be accepted). 1'm sure many of you have questions you want ansJered before you decide whether or not to support Cypress Hollow becoming part of Ti,uron. The follo\'iiog is a summary of tile information I have collected so far. ' Police: Annexation would mean S\\o1tching services om the Marin County Sheriff to the Tiburon Police Department As I'm Sl,:re you ar all aware, the Tiburon Police Department has aT: e:!Ocellent reputation and pro ides benefits. such as increased patrolling. vacation checks and elder watch. not ffered by the Sheriff s office, Schools: School District boundaries are not conti .1 OUS with the Tiburon T ovm Limits therefore annexation would nct necessarily me~ changing School Districts We, as Cypress Hollow, can at any lime petition the C nty Office of Education for a change of School Distlict. I recently spoke with the Superintendent of Sch ols for the county regarding the potential change from the Mill VaHey School D' triet (the district which we currently fall into) to the Reed Union School District, H. said that any request for change would have to be made in the form of a petition from the neighborhood with the F ~1J3--al- t 397 la: 27 =;~n1 The I ~dU5 3r:l:..lo, 1'1':'. TiJ 34352438 ",02 signature of at least twenty five percent of the ,e istered voters. After receiving the petition the County would ask both Scheol Di~tr' ts to appreve the proposed change After receiyiJJg the approval, or disapproval, fro both School Districts the School Board members would vote on the petition (the nal authorization required). If neither School District has a major problem with he change tbe request is usually approved. He also mentioned that annexation the Town ofTiburon in conjunction with our proximity to the Reed Union schools w . uld give the petition an excellent chan~e cfbeing authorized I If for some reason the request is denied by the S hool Board we could still force the change by holding public bearings in each of the wo School Board Districts and putting the issue up for a public vote Fire Department: There would be no change. We auld continue to be served by the Alto Fire DIstrict. Water/Sewage: ~ would continue to provid these services. Street Maintenance: Maintenance would be provifed by the Town of Tiburon instead of Mann County. ! Library: We would tall under the Tiburen library assume you are all aware that Tiburon recently Library and Town Hal! stem versus the Count}' system. I mpleted construction of a new Post Office: Our postal service weuld change fro the Tiburon Post Office Our addresses would 94920 the Mill Valley Post Office to that of e to XXXXX, Tiburon Ca. Telephone: Our prefix would change to 435 - x:: ,Changing to the Tiburon prefix would mean some changes in the prefixes we c d call 'Nithout a toll charge. For example, a call to the Financial District in the C' y would not incur a toll charge with the new prefix. Please refer to the Pacific Bell t Iephone book for details Refuse: No change; Mill VaUey Refuse would con nue to serve the neighborheod. Zoninv;, Planning, Design Review & Inspection: We weuld fall under the guidance of the Town of Tiburon. For the most plUt the To' " ofTiburon is stricter than thl: County This is a plus if we are trying to maint n the overall appearance of the neighborhood but the guJdelines for any additio s would be more rigorous. Park Maintenance: Maintenance of our park and he common areas would be taken over by the Town ofTiburon. F .:U3-'al-13S7 1::1:23 =~'J""i Tke Indus3r~'.Jp, Inc. T::J 34352438 ='.33 Taxes: Due to prop 13, there would be no addition I taxes associated with our annexation into the Town of Tiburon. Tiburon' uld receive approximately 7 or 8 cents of each dollar we pay in property taxes. only additional charge would be a J .nz Open Space Bond issue which amounts to pproximately $15 per year per parcel in fact, if Tiburon does not levy any addi ional assessment for the maintenance of cur park (which the County does) our taxes uld actually go down. In summary, annexation would mean an improvem maintenance services and, possibly, schools. It is als improvements and other perceived advantages of Ii would benefit in our overall public safety services, likely that due to these in Tiburon our property values I want to make it perfectly clear that I am not trying 0 railroad anyone into this annexation but rather following up on some questio 'a few of us in the neighborhood had. T would appreciate it if each of you would get ack to me or one of the other two Cypress Hollow residents listed below with your co ents, questions and opinIons with regard to the annexation. I will follow up this letter ith a summary of what your thoughts are and a proposed plan of action to imple ent the desires of the greater majority Best regards, Carlos Shelton Carlos Shelton 35 Monterey Dr 383, 1666 Richard Moskowit<: 185 Rancho Dr. 389 - 8488 / Mark Patrizio 40 Cypress Hollow Drive 381.4144 ~u3-0~-1397 1a:29 =~UM T~~ I~d~s J~~~o, I~2. T~ 34352438 ".214 Cypress Hollow ite Plan ",/ ., Ton:.. ",214 F August 22, 1997 Town of Tiburon 1155 Tiburon Blvd. Tiburon, CA 94920 Attention: Mr. Robert L. Kleinert Town Manager Dear Sir: This letter constitutes a petition from the undersigned owners of Cypress Hollow for the annexation of the Cypress Hollow community by the Town ofTiburon, It is the understanding of each petitioner that annexation by the Town of Tiburon would mean the following changes with regard to taxation, jurisdiction and services: Police: Annexation would mean switching services from the Marin County Sheriff to the Tiburon Police Department. Schools: School District boundaries are not contiguous with the Tiburon Town Limits; therefore annexation would not necessarily mean changing School Districts, We, as the Cypress Hollow neighborhood, can at any time petition the County Office of Education for a change of School District. Fire Department: There would be no change. We would continue to be served by the Alto Fire District. Water/Sewage: MMWD would continue to provide these services, Street Maintenance: Maintenance would be provided by the Town of Tiburon instead of. Marin County. Library: We would fall under the Tiburon library system instead of the County system. Post Office: Our postal service would change from the Mill Valley Post Office to that of the Tiburon Post Office, Our addresses would change to XXXXX, Tiburon Ca. 94920. Telephone: Our prefix would change to 435 - XXXX unless other arrangements are made individually with the telephone company, Refuse: There would be no change, Mill Valley Refuse would continue to serve the neighborhood. Zoning, Planning, Design Review & Inspection: We would fall under the jurisdiction ofthe Town ofTiburon. Park Maintenance: Maintenance of our park and the common areas would be taken over by the Town of Tiburon. No additional assessment by the Town of Tiburon for the maintenance of these public areas is anticipated. Taxes: With the possible exception of the 1972 Open Space Bond Issue, which amounts to approximately $15 per year per parcel, there would be no additional taxes associated with the annexation by the Town of Tiburon. Below, as requested, please find the names and addresses of the owners of Cypress Hollow followed by a signature (if they are in support of this petition), a Cypress Hollow site plan and the legal description of the neighborhood boundaries. Ifthere are any additional requirements and/or documents needed for the Town of Tiburon to proceed with the annexation procedure please let me know, Thank you in advance for your efforts in processing this petition as expeditiously as possible. Sincerely, Carlos Shelton (on behalf of the undersigned Cypress Hollow owners) 35 Monterey Dr. Mill Valley, CA 94941 Tel. 383 - 1666 (H) 904 - 4967 fyI) CStes 2 10 Cypress Hollow Dr. James/Kellie Lunsford Lot 2 Cypress Hollow Dr. Mary A. Deffebach Lot 3 Cypress Hollow Dr. Mary A. Deffebach 40 Cypress Hollow Dr. 50 Cypress Hollow Dr. 60 Cypress Hollow Dr. 70 Cypress Hollow Dr. 80 Cypress Hollow Dr. 10 Monterey Dr. 20 Monterey Dr. 30 Monterey Dr. 35 Monterey Dr. 40 Monterey Dr. Lot 43 Monterey Dr. Lot 44 Monterey Dr. 45 Monterey Dr. 50 Monterey Dr. 55 Monterey Dr. 60 Monterey Dr. 70 Monterey Dr. 80 Monterey Dr. 90 Monterey Dr. Mark/Sherry Patrizio Randolph/Katie Yip John D. Giffin James/Mellen Suzanne Brown Carlos Shelton ~~~ Nassereddin Kashefi/Noreen Nieder Coscan Davidson Lawrence E. Heiges Randall/Cynthia Hawkins Jesse T. Quatse James M. Chriss Daniel/Joanne Schmitt (:r:~~Fi:. 'L:.~r) William StrulllDeborah Aronoff Donald/Sharon Strauss Thomas/Frances Yacko 3 10 Cypress Hollow Dr. James/Kellie Lunsford Lot 2 Cypress Hollow Dr. Mary A. Deffebach Lot 3 Cypress Hollow Dr. Mary A Deffebach 40 Cypress Hollow Dr. 50 Cypress Hollow Dr. 60 Cypress Hollow Dr. 70 Cypress Hollow Dr. 80 Cypress Hollow Dr. 10 Monterey Dr. 20 Monterey Dr. 30 Monterey Dr. 35 Monterey Dr. 40 Monterey Dr. Lot 43 Monterey Dr. Lot 44 Monterey Dr. 45 Monterey Dr. 50 Monterey Dr. 55 Monterey Dr. 60 Monterey Dr. 70 Monterey Dr. 80 Monterey Dr. 90 Monterey Dr. Mark/Sherry Patrizio Randolph/Katie Yip John D. Giffin JameslMellen Suzanne Brown JameslMeredith Koenig Tull MartinlRuth Lieberman Lawrence E. Heiges Randall/Cynthia Hawkins Jesse T. Quatse James M. Chriss Daniel/Joanne Schmitt William Strull!Deborah Aronoff Donald/Sharon Strauss ThomaslFrances Yacko 3 ~ VAt'.Acf- L1'" I .D T '" A:CAU:r IJ"ir " ~ ., , 1-: vII~ ~/1/L"p "'" ~' ,- , I , 100 Monterey Dr. Paul/Gail Haire 110 Monterey Dr. Patricia A. McDonnell 10 Baccharis Place Anselm/Virginia Leung 20 Baccharis Place EdmondlKristine Browne , 30 Baccharis Place Peter/Joyce Brier Sittnick 40 Baccharis Place Rodney/Jacqueline Shapiro 50 Baccharis Place KirklNancy Atkinson Mulligan , 60 Baccharis Place Christina R. Suh 110 Rancho Drive Andrew JordahllRosalie Johnson 120 Rancho Drive Armistead/Julie Puryear 130 Rancho Drive LloydlRhonda Sugarman 140 Rancho Drive Thomas HarlanlRuth Johnson 145 Rancho Drive JohnlLynne Jolley " 150 Rancho Drive KevinlLaura Blair 160 Rancho Drive Scott A. Larson /. 170 Rancho Drive Darby A. Williams 180 Rancho Drive Scott Miller Jr./Linda Tripoli / 185 Rancho Drive Richard P. Moskowitz 190 Rancho Drive David E. Taylor 200 Rancho Drive Volker Erwin U1rich/V alerie Netter 210 Rancho Drive Adrian S Walker 220 Rancho Drive Denis/Fredda Sharon Simon 4 9 10 Cypress Hollow Dr. JamesIKellie Lunsford Lot 2 Cypress Hollow Dr. Mary A. Deffebach Lot 3 Cypress Hollow Dr. Mary A. Deffebach 40 Cypress Hollow Dr. 50 Cypress Hollow Dr. 60 Cypress Hollow Dr. 70 Cypress Hollow Dr. 80 Cypress Hollow Dr. 10 Monterey Dr. 20 Monterey Dr. 30 Monterey Dr. 35 Monterey Dr. 40 Monterey Dr. Lot 43 Monterey Dr. Lot 44 Monterey Dr. 45 Monterey Dr. 50 Monterey Dr. 55 Monterey Dr. 60 Monterey Dr. 70 Monterey Dr. 80 Monterey Dr. 90 Monterey Dr. MarklSheny Patrizio Randolph/Katie Yip John D. Giffin James/Mellen Suzanne Brown JameslMeredith Koenig Tull MartinlRuth Lieberman Behnaz Mahdavi Mark/Lori Sebransky Coopersmith Carlos Shelton Nassereddin Kashefi/Noreen Nieder Coscan Davidson Lawrence E. Heiges RandalVCynthia Hawkins Jesse T. Quatse James M, Chriss DanieVJoanne Schmitt William StrulllDeborah Aronoff Donald/Sharon Strauss Thomas/Frances Yacko 3 ---- Vlfi.1 ., .... th~ "ja..'^--kl I ~ 100 Monterey Dr. 110 Monterey Dr. 10 Baccharis Place 20 Baccharis Place 30 Baccharis Place 40 Baccharis Place 50 Baccharis Place 60 Baccharis Place 110 Rancho Drive 120 Rancho Drive 130 Rancho Drive 140 Rancho Drive 145 Rancho Drive 150 Rancho Drive 160 Rancho Drive 170 Rancho Drive 180 Rancho Drive 185 Rancho Drive 190 Rancho Drive 200 Rancho Drive 210 Rancho Drive 220 Rancho Drive PauVGail Haire Patricia A McDonnell AnselmlVirginia Leung EdmondlKristine Browne Peter/Joyce Brier Sittnick Rodney/Jacqueline Shapiro KirkJNancy Atkinson Mulligan Christina R. Suh Andrew JordaWIRosalie Johnson Armistead/Julie Puryear LioydlRhcnda Sugarman Thomas HarlanlRuth Johnson John/Lynne Jolley Kevin/Laura Blair Scott A Larson Darby A Williams Scott Miller Jr./Linda Tripoli Richard P. Moskowitz David E. Taylor Volker Erwin UlrichIValerie Netter Adrian S. Walker Denis/Fredda Sharon Simon =!L,\ J~~ ~~ ~/; odck" )11 JvJrJ 4 100 Monterey Dr. 110 Monterey Dr. 10 Baccharis Place 20 Baccharis Place 30 Baccharis Place 40 Baccharis Place 50 Baccharis Place 60 Baccharis Place 110 Rancho Drive 120 Rancho Drive 130 Rancho Drive 140 Rancho Drive 145 Rancho Drive ISO Rancho Drive 160 Rancho Drive 170 Rancho Drive 180 Rancho Drive 185 Rancho Drive 190 Rancho Drive 200 Rancho Drive 210 Rancho Drive 220 Rancho Drive PauVGaiI Haire Patricia A. McDonnell Anselm/Virginia Leung EdmondlKristine Browne Peter/Joyce Brier Sittnick Rodney/Jacqueline Shapiro KirklNancy Atkinson Mulligan Christina R. Suh Andrew JordahVRosalie Johnson Armistead/Julie Puryear L1oydlRhonda Sugarman Thomas HarlanlRuth Johnson JohnlLynne Jolley KevinlLaura Blair Scott A. Larson Darby A. Williams Scott Miller Jr./Linda Tripoli Richard P. Moskowitz David E. Taylor Volker Erwin UlrichIValerie Netter Adrian S. Walker DenislFredda Sharon Simon 4 ~I'~ Cypress Hollow Site Plan Lot ~3 Lot +I 4-/ .,. 5 IkM- ))0. JL Lyford's Cove - Old Tiburon Homeowners Association -..., --.. ----- , f -, ' 1 . ,_.~,~~ ',~~:_ ]>~.~ 1 c. SEP r". f'" C", ,..'.'. [. , oJ \.." '-- t'..i BOARD OF DIRECTORS MEETING SEPTEMBER 9, 1997, BRADLEY HOUSE The meeting was called to order by Wendy Soule. Board members present were: Ruth Albright, Frank Buscher. Sheny De Mandel, Alice Fredericks, Berty Girtler, Kell Larsen, Berty McKegney, Francesca Madden, Pat Montag, Sharon Sargent, Wendy Soule, Wendy Wayne, Madeline Wood. The minutes of the June 10 meeting were approved. Treasurer's Report, Wendy Wayne reported a balance of $3,425.05. Out of 132 member households, 114 are fully paid, which is an improvement over the June ligures. OLD BUSINESS Thanks to Board member Steven Wear and his wife Deborah, owners ofTiburon Mail Service, the association' s new address is: 98 Main Street, Ste. 634 Tlburon, CA 94920 The mailbox was given to the association by the Wears without charge.. The board members present asked that appreciation be expressed in the minutes for the generous contribution. (It allows the association to have a permanent address.) Membership Committee. Alice Fredericks reported that LeOTHA member Frank Furtado had passed away. Alice is currently editing a list of homeowners in the area who are not members of the association. She expects to send out about fifty invitations to join the association and to attend the next dirmer meeting. Alice armounced a new memb'er Jearmine Yeomans. Environmental and Archl1ectural Review Committee Madeline Wood passed out copies ofa letter written by the Town Engineer on June 30th to the owner of the property at 9 Tower Point Lane. An WlStable hillside area of the property has resulted in slides for the past two winters and has created a dangerous condition on Paradise Drive. The letter asked that the hazard be eliminated before the winter weather began, and pointed out the possible liability of the owner for the damage the slide had already caused. Madeline reported that nothing had yet been done. Madeline also resubmitted her memo of May 28th asking that all copies of the Design Review Board's actions on the property be made available to the associatIOn. She sent the second request to the Mayor, the head of the Design ReVIew Board, the Senior Planner, and the Town Manager. Historical Committee Sharon Sargent said she had nothing new to report, but noted that work was progressing on the museum in the Donahue Building. Library Committee Betty McKegney noted that students will start using the new library now that summer is over, new speakers for the winter have been lined up, and that the library has a program to teach people to use the Internet (classes are on Wednesday from 3 to 5 PM). Betty also pointed out that the Mill Valley library will dose for two months in the near future, which means that Tiburon' s will be busier during that period. Paths Committee Betty Girtler reported some problems with the Verada path restoration project: solutions were discussed to stop the movement of the newly laid bark. Bird netting will be laid down over the bark by the Girtlers who are donating time, labor, and material to the project. The discussion also covered sand and stepping stones (cost is estimated at $300) or railroad ties with deep spikes to help the bark to settle better if the netting is not sufficient. Betty will look into both methods and compare the costs__ It's also possible that the wmter rains will help the bark to settle better. Social Committee The next dinner meeting will be on Thursday, October 30th at the San Francisco Yacht Club. A no-host bar begins at 6:30 PM and dinner will be at 7:30 PM. The cost is $22. All board members were asked to circulate more (and perhaps wear special badges) so that members can identifY them easily. We will also try to have one board member sit at each table. Erik Schoenberg, owner of Erik Schoenberg Guitars on Main Street, may provide music during the evening. Betty Girtler, working with Alice Fredericks and Francesca Madden, have arranged the program for the meeting: Frank Buscher, a member of the Joint Disaster Council (of Belvedere and Tiburon) will speak on what the community is currently domg, and what other measures can be taken. One suggestion is to have sign,up sheets at the meeting so that members can help compile information about their neighborhoods, such as the location of physicians, identifYing people who may need special help during an emergency, and the location of any swimming pools. We also hope to be able to provide emergency information for households as handouts. SO, MARK YOUR CALENElARS ! " THIS IS YOUR CHANCE TO TALK TO YOUR NEIGHBORS ABOUT M1.ffiJAL CONCERNS. Seek out the committee chairmen (who will also be idenl1fied by badges) and consider signing up for your favorite projects - all committees need volunteers and all members are encouraged to participate as much as they can. Town-owned triangle at Paradise/Centro East Wendy Wayne gave a brief overview of the last three years of the association working with the town trying to get a permanent solution for the unsightly area. The town had requested that the association give a wntten statement accepting responsibility for maintenance of the triangle. The board was in agreement that this should not be required of the association since it is town-owned property. Wendy and Betty Girtler suggested that the association offer to buy, plant ( and water in the beguming) sturdy California native plants that in time will choke out weeds and require little maintenance. The board approved $250 for the project. Wendy and Betty will handle the funds and coordinate with the town. NEW BUSINESS Bell '\1arket signs A long discussion was held about the plastic signs installed by the new market. The board noted that that the community was expressing great dissatisfaction over the appearance of the signs. And, the sIgn on the comer may be a traffic hazard because it blocks the view of cars turning right. It was agreed that Wendy Soule would send a letter to Bell Markets from the Board welcoming them to the town, but asking that the market replace the signs with those that reflect other signs in the community ( such as the signs of natural materials used for the new town hall and library). A copy of the letter will be sent to the Design Review Board, the Town Manager, the Town Council, the Mayor and The Ark Alice will see if other HOAs will do the sarne. Since both the Design Review Board and the town planning staff had approved the signs, the discussion focused on the approval process in Tiburon and how it might be improved. It was suggested that perhaps the SIgn permit process needs to be reviewed. The Board agreed that some of our problems should be addressed by the political process. A committee composed of Pat Montag, Kell Larson, and Frank Buscher was appointed to draft a questionnaire for town council candidates asking their positions on subjects relating to Tiburon' s General Plan and the current planning process. The committee will write, mail out and collect the candidates' responses and report back to the members. Other neighborhood Issues Residents on part of Centro West have been asked by the town their opinion of parking restrictions (two hours) and a residential permit (fee $25). The Landmark Society sent the association a letter on June 12th noting that the tour buses that used Esperanza earlier in the year were an unusual occurrence. Concern was expressed by some that the work on Point Tiburon lagoon had lasted so long. Board members asked that the minutes reflect our hope that the work will be completed soon. The condition of Tether Park was brought up again - it needs to be weeded and watered more often. The next board meeting will be held on December 2nd at 7:30 PM at the Bradley House. The meeting was adjowned at 9:30. Respectfully submitted, " s~e~andel Acting Secretary TOWN OF TIBURON OFFICE OF THE TOWN ENGINEER "" Robert Kleinert, Town Manager Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 94920 .2438 J.fkit (2- MEMORANDUM & SCOPING NOTICE TO: Federal Agencies: Bill Rogina, U.S, Dept. of Housing & Urban Development, Sp, Purpose Grants Sharon Moreland, Chief of North Section, Corps of Engineers, S,F. District Mike Monroe, U,S, Environmental Protection Agency Lt, Kit Whiteman, U,S, Coast Guard, Alameda Dante Maragni, National Marine Fisheries Service Mike Acetuino, U.S, Fish & Wildlife Service California Agencies: Cherilyn Widell, State Historic Preservation Officer Dale Hopkins, Regional Water Quality Control Board Bob Tasto, California Department ofFish & Game David Wright, California Dept. of Toxic Substance Control Steve McAdam, S.F, Bay Conservation & Development Commission Jim Smatsue, California Dept. of Boating & Waterways Leigh Jordan, Coordinator, Northwest Information Ctr., Sonoma State Univ, FROM: DATE: Marin COlUlty, local agencies and groups: Supervisor Annette Rose, First District, Marin COlUlty Martin Nichols, Marin COlUlty Administrator Rick Carlson, Asst, Director Public Service Agency Bill Price, Harbor Administrator, Richardson Bay Regional Agency Linda Christman, Clerk of the Richardson Bay Regional Agency Robert Kleinert, Town Manager, Town of Tiburon Scott Anderson, Planning Director, Town of Tiburon Piper Berger, Belvedere- Tiburon Landmarks Society Caprice Restaurant owners, c/o Pt. Plaza Inc,/Kirby's Galley Inc. SiaBarmand, Town Engineer ~4. /.. September 19, 1997 .' RE: ELEPHANT ROCK FISHING PIER RECONSTRUCTION PROJECT - Scope of Federal Environmental Review, Federal Permits Needed and . . Historic Pr!lperty Concerns Enclosed is a detailed project description, plan and location map for a project involving reconstruction of a popular storm-damaged fishing pier off the Tiburon shore, I anticipate this project to be of interest to your agency or group, The County of Marin proposes to authorize approximately $100,000 of its U,S, Dept. of Housing and Urban Development (HUD) Special Purpose Grant funds to accomplish this work. Applicable Environmental Review. Prior to awarding a construction contract involving federal funds, the Town of Tiburon must satisfy the National Environmental Policy Act (NEPA), It is my preliminary understanding that the project qualifies for Categorical Exclusion from NEPA under HUD Environmental Regulations as found in 24 CFR Part 58, The project has already received a Categorical Exemption from the California Environmental Quality Act issued by the Town of Tiburon on November II, 1996, under Existing Facilities Section 15301(d), The County Administrator, Martin Nichols, acting as the County's Certifying Officer under HUD rules, has the authority to certify completion of the NEP A Categorical Exclusion report, He can also make a Finding of No Significant Impact (FONSI), if appropriate, and notify the public that the County requests release ofHUD funds for the project on behalf of the Town. Permit Matters. Please inform me as to whether a permit or license is required by your agency for this project, and the scope of any environmental review you require for it, Please forward a copy of any relevant application materials to me with any guidelines you have for preparation, I would also appreciate knowing if your agency provides comments to the Corps of Engineers or other permit-issuing authority in lieu of direct participation, Historic Property Concerns. The Categorical Exclusion Report will demonstrate compliance with 36 CFR Part 800, the implementing regulations of the National Historic Preservation Act. This notice invites you to contribute any information you may have regarding the history of the subject site and the immediately adjacent area, This information will be forwarded to the California State Historic Preservation Officer to assist in that agency's formal consultation on the project under Section 106 of the Act, Individuals, Organizations and Interested Persons are also invited to comment as to the effects, if any, the proposed project could have upon historic properties in the Area of Potential Effects of the project and to identify ways to reduce or avoid those effects. Please make your response bv Fridav, October 3. 1997, Please send any written material to: " Attn, Sia Barmand, Town Engineer Town ofTiburon 1505 Tiburon Blvd" Tiburon, CA 94920--, Phone: (415) 499-7053 or (415) 435-7369 FAX: (415) 499-3799 If you prefer to discuss this project with me, please feel free to call me, Alternatively, please feel free'to discuss these matter~ with our project consultant: Alice Estill Miller, Consulting Planner 310 Pacific Heights Drive, Santa Rosa, CA 95403 Phone: (707) 523-3710 FAX: (707) 523-1033 Encls, Project Description and Plans Map of Project Location 2 . PROJECT DESCRIPTION ELEPHANT ROCK FISHING PIER RECONSTRUCTION 1998 Paradise Drive, Tiburon, CA (Within public right-of-way, adjacent to APN 59-163-01) August 13, 1997 The undertaking is to partially replace and upgrade an existing fishing pier to meet with ADA standards. The pier extends from the south side of Paradise Drive to Elephant Rock and decking which surrounds the crown of the rock. The pier was originally built in 1960, was damaged in the storms of January 1995. The new ramp which will connect with the existing pier will be situated over the existing pilings, The existing portion of the ramp is already wide enough (4'6") to accommodate wheel chairs, Similarly, a new approach ramp meeting ADA standards will descend gently from the road level to the pier via a 30 foot-long concrete switchback ramp situated on the shore side, The deck around Elephant Rock will only be repaired with the exception of a different decking .. material. Open grating, instead of solid wood, will be used for the decking so that it will better withstand wave uplift forces, Other activities which are typically not considered an undertaking under the National , Historic Preservation Act and are similarly exempt from the national Environmental Policy Act, but which are part of the project funding, include program management, environmental review, design and engineering for the project, "s-tC~.16"'.<;l'" \L06V6 'r.) "3V~ NY'" . 3Ar.ro ~V.l 9o":jn1 \L9 .l:J3.lIH:J';!lV. 13ng '3 NVN ~.,"~ /~ ~Iil}' "'_ _....r,I"" ~... -~ "\.-,\ W~~ I " 1: _. I " ! ,. . ~ ') " j ~', ~ ~. . ~ , ,~,- il''. " ''\1 i i )f :l () CI . .L N V H cI ~I 1 :1 I. -. , ~-~-,) . . I ~ j .. . ~ , i .:! ~ ~ ... 1 ..' jUf' r:;i~- ~ I,) -7-"-' I"r- .. . > '. f _ , ~', - . . ~I " ~ I, '" ~':.~ ~__h..1j \ /' \ -\- " ,(". ---<~..\~,<, ':) ~__' / " --;:-- - --_r .:::;_ '; I ~: ~ I' \ "... ' -;,:; C i~~_-~: ' \, / : ' , , ?\, ..4.:-\- \ "'.-::'" --. 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