Loading...
HomeMy WebLinkAboutTC Res 2008-06-18 RESOLUTION NO. 27-2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON APPROVING A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR EXTERIOR MODIFICATIONS TO AN EXISTING SINGLE-FAMILY DWELLING ON PROPERTY LOCATED AT 430 RIDGE ROAD WHEREAS, on June 1,2007, Planning Division Staff received a Site Plan and Architectural Review application (the "Application") for an exterior modification to raise several stone veneer panels fifteen inches at the front (north elevation) of an existing residence located at 430 Ridge Road. The Application was submitted by property owners Mark and LYnn Garay ("Applicants"); and WHEREAS, on June 19,2007, Planning Division Staff approved the Application with the condition that gave the Applicants the option to remove the skylight shrouds behind the raised stone veneer panels; and WHEREAS, on June 26, 2007, the adjacent neighbor to the Applicants located at 440 Ridge Road filed a timely appeal of this decision to the Design Review Board; and WHEREAS, the Design Review Board held a duly noticed public hearing for the appeal on July 19, 2007, and after receiving public testimony, determined that the raised stone veneer panels would not effectively screen the skylights from the uphill neighbors, and that therefore the shrouds should remain; and WHEREAS, based on the above finding, the Design Review Board voted 4-0 to grant the appeal, thus denying the extension of the raised panels and causing the skylight shrouds to remain in place; and WHEREAS, on November 1, 2007, the Applicants filed a petition for writ of mandate, Marin Superior Court No. CV 075196, (the "Complaint") challenging the Design Review Board's decision, asserting that there was no substantive evidence in the record to support the Design Review Board's findings to grant the appeal and deny the Applicants request to modify the exterior of the residence ~. and WHEREAS, as a compromise settlement of the case, the Town and the Applicants agreed that the Town Council would hold a De Novo hearing on the merits of the Application after which the Applicants would dismiss the Complaint in its entirety with prejudice ("Settlement Agreement"); and TIBURON TOWN COUNCIL RESOLUTION NO. 27-2008 61 J 812008 J WHEREAS, in reliance on the Settlement Agreement, and specifically in reliance on Applicant's promise to dismiss the Complaint with prejudice, the Town scheduled the hearing on the Application on April 2, 2008. On that same date, Applicants requested that the Application be amended to include removal of all the skylight shrouds on the residence, including those not in a location where the stone veneer panels were proposed to be extended, and further requested that the Town continue the hearing to allow the Town to consider this new request; and WHEREAS, on May 21,2008, the Town Council of the Town of Tiburon held a duly- noticed public hearing on the merits of the Application, as provided in the Settlement Agreement, and the subsequently-made requests to amend the Application; during which public testimony was heard regarding the project and the Design Review Board's review of the Application; and WHEREAS, after hearing all testimony and reviewing all documents in the record, the Town Council determined that the increased height of the proposed raised stone veneer panels would not block views from the uphill residence at 440 Ridge Road and therefore approved Applicants' request to raise the panels up to 15 inches in height; and WHEREAS, the prior Site Plan and Architectural Review approval for the residence had required shrouds for all skylights to avoid off-site light pollution to the neighbors. The Council could not determine on the evidence before it whether some or all of the previously-required shrouds would be necessary for this purpose; and WHEREAS, based on the above findings, the Council voted 4-0 to direct Staff to return with a draft Resolution conditionally approving the amended Application, subject to conditions imposing a maximum fifteen inch height limit for the extension of the stone veneer panels and subject to verification by Staff prior to occupancy that the skylights would not emit light that is visible off-site, both in the fully open and fully closed positions. NOW, THEREFORE BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby approve the Application, as amended, subject to the following conditions: 1. The stone veneer panels may be raised a maximum of fifteen inches (15") in height, measured from the existing roof line. 2. Following installation of the extended stone veneer panels and completion of the interior walls and installation of interior lighting fixtures, but prior to issuance of an occupancy permit for the residence by the Building Division, Town staff shall view the residence from the neighbors' properties after dark, with all interior lighting installed and turned on, to determine which skylights, if any, emit light that is visible off-site. Staff shall view the residence with all skylights fully open and with all skylights closed. If Town Staff determines that light from the skylights causes light pollution on other properties, the Applicants shall install shrouds as required and directed by Town Staff to shield adjacent views from any skylight(s) that emit(s) such light. TIBURON TOWN COUNCIL RESOLUTION NO. 27-2008 611812008 2 3. Applicants shall dismiss the Complaint with prejudice within ten (10) days of the adoption of this resolution. 4. If this approval is challenged by a third party, the property owner/applicant will be responsible for defending against this challenge. The property owner/applicant agrees to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney's fees that might result from the third party challenge. PASSED AND ADOPTED at a regular meeting of the Town Council on June 18,2008, by the following vote: AYES: COUNCILMEMBERS: Collins, Fredericks, Gram & Slavitz NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: Berger ATTEST: I ) lh ,"c DANE CRANE rACOPI TOWN CLERK } f .- I TIBURON TOWN COUNCIL RESOLUTION NO. 27-2008 611812008 3