HomeMy WebLinkAboutTC Res 2010-07-21 (2)RESOLUTION NO. 42-2010
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON GRANTING AN APPEAL BY CARL STRAUB AND
BRENDA BERNHEIM STRAUB TO OVERTURN THE DESIGN
REVIEW BOARD'S APPROVAL OF SITE PLAN AND
ARCHITECTURAL REVIEW FOR CONSTRUCTION OF A NEW
SINGLE-FAMILY DWELLING, WITH VARIANCES FOR REDUCED
SIDE YARD SETBACK AND EXCESS BUILDING HEIGHT, ON
PROPERTY LOCATED AT 1490 VISTAZO WEST STREET
(ASSESSOR PARCEL NO. 058-223-14)
WHEREAS, on May 6, 2010, the Design Review Board held a public hearing
on a Site Plan and Architectural Review application (File #21003) filed by Danuta
Shadduck to construct a new single-family dwelling, with Variances for reduced side
yard setback and excess building height, on property located at 1490 Vistazo West Street,
said property currently being occupied by a single-family attached dwelling that would be
largely demolished; and
WHEREAS, the Design Review Board continued the application with
direction to provide more detailed building elevations showing what the adjacent
residence would look like after the subject house was demolished and recommendation
that the applicant more fully explore the structural aspects of the proposed project to
ensure that necessary structural elements would not result in changes to the appearance of
the building; and
WHEREAS, on June 3, 2010, the Design Review Board held a continued
public hearing on and conditionally approved the subject application; and
WHEREAS, the conditional approval was appealed in a timely manner by
Carl Straub and Brenda Bernheim Straub; and
WHEREAS, the Town Council held a public hearing on July 7, 2010, and
after receiving testimony and reviewing all evidence in the record, determined that the
subject application would be inconsistent with the guiding principles in the review of Site
Plan and Architectural Review applications contained within Section 16-52.020 (H) of
the Tiburon Zoning Ordinance as follows:
1. The location on the subject site of an increased area of windows facing
the appellants' home and the revised orientation of the house in
relation to the location of improvements on the appellants' site would
adversely affect the privacy of the appellants' residence by increasing
the visibility of other rooms in the proposed house from the appellants'
master bedroom.
Town Council Resolution No. 42-2010 07/21/2010 Page 1 of 3
2. The relocation and reorientation of the proposed house away from the
originally established and uniform viewlines and footprints of the
surrounding homes and the increased amount of window area do not
bear a reasonable relationship to the character of existing buildings in
the vicinity.
3. The proposed project would not minimize the removal of mature trees
on the site by removing two trees that provide visual privacy screening
to the appellants' home and the relocated drainage for a major
watercourse on the site is likely to place a drainage system in close
proximity to the root systems of other mature trees on the site, which
could damage or possibly cause the removal of these trees, further
reducing the visual screening of the house from the appellants' home.
4. The altered orientation of the proposed house, the increased amount of
window area and the use of stucco materials would be substantially
different than the design of the existing house on the site and would be
inharmonious with the otherwise cohesive design of other surrounding
homes in the subdivision.
The Town Council also made the following findings regarding the issues raised in the
appeal:
1. Members of the Town's reviewing body are not required by make site
visits prior to ruling on an application for Site Plan and Architectural
Review; in this case, the Design Review Board members were able to
sufficiently evaluate the proposed project and its context.
2. The concept of privacy is sufficiently well-understood without a
published "community standard." The Town has generally applied
this concept to restrict construction of improvements that would create
the likelihood that residents would unduly intrude on one another in
their homes. The Town does not pretend to offer complete privacy,
but does require thoughtful placement of buildings, decks and
windows and vegetative screening.
3. The Town does not have the authority or resources to enforce private
easements or covenants, conditions and restrictions. These are
necessarily civil matters that must be resolved between the two parties.
4. The appeal raises structural and drainage issues that are not generally
considered at the Site Plan and Architectural Review stage. That said,
before the Town issues a building permit for any similar future project,
the Building Division and Department of Public Works must be
satisfied that the project (a) has adequate drainage provisions; and (b)
will not jeopardize the lateral support of other structures.
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5. The procedural rules governing the Board's proceedings give ample
opportunity for interested parties to present their views, as explained in
the staff report dated July 7, 2010.
6. The Board's membership is consistent with the Town's Municipal
Code.
The Town Council therefore directed staff to prepare a resolution granting the appeal and
denying the application.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon hereby grants the appeal of Carl Straub and Brenda Bernheim Straub and
denies the Site Plan and Architectural Review application to construct a new single-
family dwelling, with Variances for reduced side yard setback and excess building height
(File #21003), on property located at 1490 Vistazo West Street.
PASSED AND ADOPTED at a regular meeting of the Town Council on July
215 2010, by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Collins, Fraser, Fredericks, O'Donnell, Slavitz
None
None
ICHARD COLLINS, MAYOR
TOWN OF TIBURON
ATTE
DIANE CRANE IACOPI, TOWN CLERK
Town Council Resolution No. 42-2010 07/21/2010 Page 3 of 3