Loading...
HomeMy WebLinkAboutTC Min 1990-09-19 TOWN COUNCIL MINUTES CLOSED SESSION Vice-Mayor Thayer called the closed session of the Town Council of the Town of Tiburon to order at 6:35 P.M. to discuss litigation. CALL TO ORDER Vice-Mayor Thayer called the regular meeting of the Town Council of the Town of Tiburon to order at 7:05 P.M., Wednesday, September 19, 1990 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Friedman, Coxhead, Thayer, Kuhn, ABSENT: COUNCILMEMBERS: Logan EX OFFICIO: Town Manager Kleinert, Town Engineer Bala, Supt. of Public Works Brunini, Planning Director Lohman, Finance Director Stranzl, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES FOUNDATION FOR SOCIAL INNOVATION (Citizen Diplomacy Through Sister City Concept-Zagorsk, Russia - Appointment of Citizens Committee) Councilmember Kuhn asked that this item be continued. C. PUBLIC QUESTIONS AND COMMENTS TREE ORDINANCE Stewart Hopkins asked Council to address the current tree complaints when considering adopting of the revised tree ordinance. MUSSO PROPERlY Councilmember Friedman announced the Town was unsuccessful in its bid to acquire the Paradise Drive Musso Property. Property sold for $262,500. TOWN COUNCIL MINUTES #890 9/19/90 1 COASTAL CLEANUP - SEPTEMBER 22 The Town Manager announced the College of Marin Environmental Action Club would clean the Tiburon shoreline on September 22. D. CONSENT CALENDAR Motion: To approve the Consent Calendar consisting of the following items: 1. APPROVAL OF MINUTES #889, September 5, 1990 as amended. 2. MONTHLY INVESTMENT SUMMARY REPORT (July 1990) 3. DENY APPEAL AND REMAND APPLICATION TO DESIGN REVIEW BOARD (Mr. and Mrs. Gene Hiller, 118 Reed Ranch Road - Resolution) 4. DESTRUCTION OF RECORDS - Resolution Moved: Kuhn, Seconded by Coxhead Vote: AYES: Unanimous ABSENT: Logan E. UNFINISHED BUSINESS 5. NEW TOWN HALL PROGRAM (Progress Report and Recommendations - Vice- Mayor Thayer) Vice-Mayor Thayer made a presentation suggesting the use of the current Town Hall site property in a phased development to include Administration and Council Chambers for approximately 12,000 sq.ft. in Phase I. Police Department and Command Center for approximately 8,000 sq.ft. in Phase II, and construction of a cistern to be fed by the existing creek to be used as emergency water supply and irrigation of the community garden and landscaping. He proposed the Council appoint two committees; one financing alternatives and the other to select an architect and begin construction plans for the administration building and then a master plan to incorporate the concept. Fred Hannahs, 440 Ridge Road asked the Council to consider coordination with the Fire District. Stewart Hopkins suggested a citizens committee. Bob Ross, Reed Ranch Road, pleased to see that consideration is being given to an emergency command center. Karen Nygren, Paseo Mirasol, pleased with the proposed concept. TOWN COUNCIL MINUTES #890 9/19/90 2 Jim Wilson, Chairman of the New Town Hall Committee, urged the Council to avoid temptation of designing project too soon; stated the basic problem is the financing; stated the design can be accomplished easily after basic decisions have been made; hoped an architectural competition is still being considered; urged Council not to turn the project over to two committees; stated Council has to explore options to the extent that the full Council will be in agreement; suggested the Council plan the relocation of the existing activities on Town property, i.e., Thrift Shop, Child Care Center and Community Garden; determine legal status of open space property which has received different legal opinions; schedule a workshop. John Hulsbus, Point Tiburon resident, didn't think financing would be a problem; stated the Council should tell people outright how much a new Town Hall will cost; be straight forward and the residents will see the Council is using land carefully. John Hoffmire, Reed Heights, stated he thought the plan had a lot of merit and should be considered. Jim Malott, Tiburon Blvd., showed a diagram he proposed and suggested land along Tiburon Blvd. should be maintained as open space. Kirk Hanson asked the Council to keep Point Tiburon as an alternative. Nat Marans, Spanish Trail, supported use of Ned's Way. Vice-Mayor Thayer asked Staff to agendize this matter for discussion at the next meeting. 6. MMWD MODEL WATER CONSERVATION ORDINANCE (Consider Revised Draft of Proposed Ordinance) The Planning Director reviewed the Staff report which suggested the landscaping be reviewed by MMWD prior to the Town's design review process. Bob Badaracco, Manager Environmental Resources Division of MMWD, stated the District could enforce the plumbing requirements without additional Staff and requested Town to enforce landscaping to save taxpayers money. Virginia Porter, MMWD, explained the District's review process; residential applications have few restrictions, mostly concerned with turf area; District wants to work with City Planners; not concerned with design or number of plants. Mr. Badaracco presented Council with a revised draft of the ordinance; stated reclaimed water is limited to conserve its use; there will be no MMWD charges for inspections; District doesn't have sufficient water to service existing patrons; water conserved will not be used for new hook-ups. TOWN COUNCIL MINUTES #890 9/19/90 3 Chip Wray, MMWD, emphasized the District will enforce their regulations if the cities don't adopt this ordinance, however, it will cost rate payers additional funds. Motion: Moved: Vote: To agendize a Water Conservation Ordinance at the next meeting. Kuhn, Seconded by Coxhead AYES: Coxhead, Kuhn, Thayer NOES: Friedman ABSENT: Logan F. PUBLIC HEARINGS 7. APPEAL OF BOARD OF ADJUSTMENT & REVIEW DECISION (Continued Public Hearing; AP #59-032-22; Applicant & Appellant: James and Carol Kritchever, 3 Cazadero Lane, Denial of As-Built Height) The Planning Director read letter from Glenn Kabanuck, attorney, representing Gerald Heath, stating all issues between the Heaths and Kritchevers had been resolved and a settlement agreement had been entered into this date and recorded in Superior Court. The Vice-Mayor opened the public hearing. Harry Litchfield, attorney representing Kritchevers, 3 Cazadero Lane, concurred with Mr. Kabanuck's letter and stated issues and items above and beyond the height issue had been discussed and resolved; the Heaths now support the Kritchevers' application for approval of as-built height of new residence; asked Council to uphold the appeal of the BAR denial; stated the settlement was conditioned on the Town's approval of the as-built project. In response to Councilmember Friedman, Mr. Litchfield stated he would be concerned if the building were a non-conforming structure in light of the fact the people concerned have been appeased and there were unusual and unique circumstances in this application; stated the height wasn't a significant error; stated to the extent he ordered a transcript of the meeting from the court reporter, he would provide a copy to the Town. Brief discussion ensued regarding replacing a chain link fence removed during construction; a new fence would affect only these two property owners and the Council can approve replacement fence; a redwood fence would be installed if possible. Gerry Heath, 1770 Vistazo West, agreed with the letter and he withdrew his objections to the as-built application and asked Council to approve it; preferred a redwood fence but due to insurance complications they might have to replace it with a chain link fence. TOWN COUNCIL MINUTES #890 9/19/90 4 The Vice-Mayor closed the public hearing. Councilmember Friedman stated he would not have approved this house at this height or near this height; expressed concern that two neighbors have made a settlement that requires the Town to do certain things; also concerned about the 100' chain link fence and setting a precedent. Both Councilmember Coxhead and Vice-Mayor Thayer expressed thoughts that the neighbors have withdrawn their objections and rules have been established that would prevent this error from being repeated; didn't think a precedent was being set to get non-conforming structures approved. Motion: To grant the appeal from the Board of Adjustments & Review Denial of As-Built Structure Kuhn, Seconded Stone AYES: Coxhead, Kuhn, Thayer NOES: Friedman ABSENT: Logan Moved: Vote: 8. APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION (A.P. #55-183- 24; Applicant: Choi.. 12 Mara Vista Court; Appellant: Jeanette Vosti and Mariam Kennedy; Approval of Second Story Addition) The Planning Director reviewed the Staff report which stated the approved second story addition is 19 feet, with minimal glazing and the project is consistent with the Design Guidelines for Hillside Dwellings, the applicable sections of the Town of Tiburon Zoning Ordinance and General Plan; Staff finds no basis to uphold the appeal and recommends the Council deny the appeal and uphold the decision of the BAR to approve the project. The Planning Director showed a video taken from appellant's primary viewing areas and stated in his opinion one has to stand up on the patio to get an impact of the addition. In response to Councilmember Coxhead, who asked whether the application meets all the requirements of the Zoning Ordinance, the Planning Director stated the lot doesn't meet the requirement of 10,000 sq.ft., however an exception is allowed if one doesn't increase the non-conformity; if one has a sub-standard lot and wants to expand upward without increasing or creating a non-conforming setback, the Town allows it. In response to Vice-Mayor Thayer, Douglas Osmont, architect for applicant Mr. and Mrs. Choi, stated the roof line had been lowered; stated they had considered a single story addition but would have been limited to 350 sq.ft. without a variance; before Mr. Choi conceived the current project he received a letter signed by thirty neighbors opposing in concept the second story addition; stated there was no water view blockage and only minor view blockage of trees; stated the BAR eliminated trees from their approval; stated there were no windows or skylights facing Mrs. Vosti's property; used drawings to depict elevations and sight lines between the Choi TOWN COUNCIL MINUTES #890 9/19/90 5 residence and V osti residence; showed landscaping plans; stated the addition is a large master bedroom suite for Mr. Choi's parents; stated the existing house is approximately 1176 sq.ft. and the proposed addition is 800 sq.ft. including the garage; felt it was a modest and harmonious addition to an existing small house and consistent with the three goals of the Design Guidelines for Hillside Dwellings; reviewed how the goals were achieved, i.e. excavating and siting into the existing hill; use of simple forms and building materials and landscape screening and by keeping a low profile of unobtrusive roof forms and materials and effective non-view blocking landscaping they have preserved the existing Bay views and middle distance tree views and created a new foreground landscaping; stated this addition is considerably less massive and lower in height and less intrusive into the neighborhood than existing additions to the east and north; project has been approved by the BAR after working with and compromising with them and the neighbors to mitigate their concerns and noted the Planning Staff can find no basis to support the appeal; urged Council to support the Board's approval, evaluate the project on its design solutions against the Town's Guidelines rather than the inflated and exaggerated claims of the appeal and its disguised challenge to the validity of second story additions. Councilmember Coxhead noted that on page 4 of the submitted drawings there is an indication that the total would be approximately 2438 sq.ft. After reviewing the drawings, the architect agreed that the current proposal was 2438 sq.ft. Jeanette Vosti, 21 Mara Vista, appellant, stated she had hired an architect who found there was a discrepancy in the storypoles; stated she was opposed to the revised plans for a second story addition; stated that although they lowered the height be 2' it didn't make a difference; stated it was an obstructive, obtrusive, massive, bulk structure directly in front of her home; stated no amount of landscaping would disguise it; stated she didn't want a second story blocking her view; didn't want the proposed landscaping of trees and bushes which in themselves would be a problem that would have to be trimmed constantly; stated the addition will impact her privacy; stated the deck on the second story will look directly into her family room which is a converted garage with a bay window; she doesn't have tinted glass and hasn't needed curtains for thirteen years and didn't want to put them in now; wanted to enjoy her view night and day; stated when she bought her home it had a clear view of trees, water and the Sausalito; stated the trees are part of her view and a part of her water view; stated trees can be trimmed and windowed and a massive structure cannot; stated most of the trees are deciduous, except for the pines and redwoods, and in the fall, winter and spring she has a larger view than now and can see part of the shoreline; gave Councilmembers copies of Tiburon's Design Guidelines for Hillside Dwellings, and read Goal 3; read from another page which stated "if more than 10% of the view is affected, it causes a significant problem for the neighbors"; stated the trees are her forest land and her meadow and that is her view; noted guidelines state "meadow, trees and glen"; felt these three basic points she read in the guidelines have been violated by Mr. Choi's second story and no where in the guidelines does it state just water views are important; stated her view, her privacy and spaciousness are the biggest assets of TOWN COUNCIL MINUTES #890 9/19/90 6 her home; stated it was the Council's job to protect the existing views, privacy and property values of the people of Tiburon; stated Mrs. Todd, Mrs. Jones, Mr. and Mrs. Seidman, Ms. Erickson and Ms. Breuner are surrounding neighbors who are against a second story; they will be impacted tremendously; they will all suffer a great loss of privacy and they all object to the architect calling their concerns over exaggerated; didn't oppose Mr. Choi's wanting to upgrade his property; didn't feel a second story was necessary; felt second story didn't belong on a small cul-de-sac; stated it's located in a strategic position which will impact the entire block; stated these are small homes on small lots and the project is not in keeping with the character of the neighborhood; felt Mr. Choi had ample room to expand on a single story level; stated he had a double large garage and ample parking space on the premises and room in the back for a lovely single story addition; stated many of the homes in Hawthorn Terrace have converted their garages; stated he has the option for many creative ideas and encouraged him on that level and views and privacy would be preserved; read from Zoning Ordinance, Section 11, Site Plan and Architectural Approval, B. Purpose; E. Guiding Principles; stated Mr. Choi is not maintaining current landscaping; stated petition of 51 signatures represents 80% of Hawthorne Terrace residents opposing this project; objected to treatment received at BAR meeting; noted they weren't allowed rebuttal to the architect; reviewed and commented on BAR minutes; asked Council to listen to what the people want; stated just because a structure looks good on paper doesn't necessarily mean it will be right in that location; just because a structure conforms to certain criteria such as height restrictions and setback, doesn't necessarily make it right; stated that's all technical and asked about the will of the people in the neighborhood; stated Mr. Choi wants the views of the second story and to improve the value of his property; stated it will be his gain and their loss; stated the structure was not aesthetically pleasing, especially in front of her view; stated the pitch roof is unnecessary; the landscaping has too many trees and the shrubs need to be trimmed; the color of the roof is unnatural and the bulk, size and massiveness; stated Hawthorne Terrace should not be showcase for architectural displays of massive structure; asked Council to look at petition and be sensitive to the needs and wants of the people; stated the majority of the people want their rights respected; stated the voice of the property owners asking that the Council protect what is duly and rightly theirs; asked Council to think of cumulative effect on the neighborhood; massive bulk structures increasing and increasing on and on; thanked Council for their indulgence. Resident, 3 Round Hill Drive, stated the project didn't effect him personally; stated issue is a second story; asked Council to keep in mind the lot is substandard; stated water view, privacy and view of trees and mountain are important; stated he was an appraiser and this project would increase value of 12 Mara Vista and decrease value of other homes; thought there was a conflict of interest with two architects on BAR; neighborhood should be left the way it is; asked Council to keep it that way. Steven Watterson read letters from Joy & Joe Keller, Hilary Drive and Larry Hayman, 27 Mara Vista, objecting to proposal. TOWN COUNCIL MINUTES #890 9/19/90 7 Elizabeth Todd, 4 Mara Vista, adjacent neighbor, expressed concern regarding fence location. Architect responded they would use whatever fence is amenable to Mrs. Todd. Carolyn Hockley, 20 Mara Vista, felt they were abusing the privilege of neighbors; stated they needed to allow the neighborhood to upgrade; stated Mr. Seidman's house is much higher than others; didn't feel there would be a loss of property values; stated Mrs. Vosti would lose some tree views; didn't think one can reject a plan to appease one person; Town has to allow people who own houses to use them according to their own needs; stated Mr. Choi's parents would be living in the addition; to add one story addition would not allow family to function as they need to function; stated a lot of people feel strongly about having a garage; stated their house had a remodelled garage and they converted it back to garage space; noted their neighborhood tended to rise up about any remodelling; stated if she was going to do construction work, she would not pour water on a yard that will be torn up for construction. Resident, 694 Hilary Drive, stated she successfully changed their garage into living space. Fred Hannahs, brother of Mrs. Todd, urged Council to consider each case on its merit. Mr. Osmont, architect, referring to Mrs. Vosti's comments regarding storypoles that there were no architectural discrepancies on drawings; she was referring to any earlier scheme; stated it is impossible to look into her family room from Mr. Choi's deck; statements that there is ample room to expand is not true; he would have to request a variance or convert the garage; putting cars onto the street isn't feasible; they looked at alternatives; both the BAR and his client didn't support that approach; project has been delayed since January; Mr. Choi is not going to sell the house but plans to live in it. Mr. Choi, 12 Mara Vista, apologized for his English; stated this is his first house; as first son he has to take care of family; his parents came to United States from Korea; house is too small; they currently live in Corte Madera; plan to live in this house. Vice-Mayor Thayer closed the public hearing. In response to Councilmember Friedman, Martin Perlmutter of Board of Adjustments and Review stated he didn't think there were any misrepresentations made at the meeting. Councilmember Friedman stated second story additions are sensitive applications; generally opposed to them; it is a small lot with a small house; thought this project far too ambitious project for this lot; opposed from an architectural viewpoint; two walls present size and mass; didn't think one should try to build straight up and TOWN COUNCIL MINUTES #890 9/19/90 8 landscape in front of it; thought comments presented with regard to view, privacy and bulk were correct; opposed the application and would vote to sustain the appeal. Councilmember Coxhead stated a lot of time, effort and care has been taken by the architect; long procedure and has responded to the neighbors concerns and have come up with as good a design as possible incorporating a second story; although he didn't agree 100% with Mrs. Vosti and her concerns that didn't represent what he saw from her property, but he thought her concerns are real; stated it is a substandard lot and thought it is a small lot and small lots can accommodate smaller homes; didn't know whether the BAR was aware of the size; 2500 sq.ft. constitutes mass, bulk and size; thought the property at 17 Mara Vista was affected adversely by the second story; would have difficulty upholding the BAR. Councilmember Kuhn stated in this particular area, it is a prime issue; there are two adjacent homes at 14 and 24 that have second stories and across the street at lot 13; it was his understanding that the increase was 16% of the square footage; important issue is what are the rights of the property owner; when one purchases land one gets mineral rights below and air space above; if a resident desires to have a view corridor there are property rights and if they are restricted they should be compensated; it is the right of an owner to use the air space above his house; if this is going to be a reoccurring problem, he suggested the homeowners develop covenants and have them run with the land and be binding on all the residents in the area; he viewed property and could not find significant impairment of view in this case; stated the addition doesn't significantly increase size; lowers structure 2' into the ground; balancing interest of some of the people in the neighborhood against rights of the property owner, he would deny appeal. Vice-Mayor Thayer visited the site; stood on front deck; walked the court; spent an hour walking around; stated while there may be some view blockage, he didn't see it as materially significant; stated it is predominantly a single story neighborhood with three houses with second stories; stated he had strong feelings about preserving the character of neighborhoods, especially with substandard lots; would like to see this neighborhood preserved; in favor of granting the appeal and reversing the decision of the BAR. Motion: To grant the appeal and deny application for second story addition at 12 Mara Vista Court. Moved: Friedman, Seconded by Coxhead Councilmember Coxhead stated with regard to the applicant, he felt if he is expanding it should be on the ground level area; would like to see fees waived if he submits another application. Planning Director responded he could use some of the information to process the next application; emphasized Staff will not support converting garages. TOWN COUNCIL MINUTES #890 9/19/90 9 Amended Motion: If applicant makes another submission for 12 Mara Vista applications fees should be waived. Vote: AYES: Friedman, Coxhead, Thayer NOES: Kuhn ABSENT: Logan G. NEW BUSINESS 9. TOWN ATTORNEY POSITION (Progress Report & Recommendations by Town Manager) The Town Manager reported background checks are still being conducted. H. COUNCIL, COMMISSION OR COMMITfEE REPORTS 10. Richardson Bay Regional Agency (Oral Report & Recommendations - Councilmember Coxhead) Councilmember Coxhead reported the agency hired a Harbor Master to relocate some of the anchor outs; approved budget for 1990-91 and Tiburon's share will be $10,000; agency removing sunken and floating debris; have spent $35,000 in the effort so far. 11. LAFCo Dual Annexation Policy (Status of Proposed Amendment - Vice-Mayor Thayer) Vice-Mayor Thayer stated he and the Town Manager attended their meeting and strongly reasserted Council's position not to waive the dual annexation policy; if they did waive it, asked that all three criteria be made conjunctive to granting a waiver. MARTHA COMPANY Town Manager asked Council if they wanted to meet with representatives of the Martha Company. Vice-Mayor Thayer stated he should make clear it is not the Council's intention to sign a Development Agreement until after the new Zoning Ordinance has been adopted; it was agreed the Council's Land & Development Committee will meet with them. I. COMMUNICATIONS There were none. TOWN COUNCIL MINUTES #890 9/19/90 10 .I. STAFF AND TOWN MANAGER REPORTS There were none. K. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Vice-Mayor Thayer adjourned the meeting at 11:30 P.M. sine die. "" // /" ATTEST: CLERK TOWN COUNCIL MINUTES #890 9/19/90 11