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HomeMy WebLinkAboutTC Min 2002-05-15 ., o /'"", TOWN COUNCIL MINUTES CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 54956.9(b)(3)(B)) Claimant: MERA demand for antenna site approval from the Town of Tiburon Claimant: UDl-Tetrad CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Bargaining Unit - MAPE Negotiators - Town Manager and Director of Administrative Services CALL TO ORDER Mayor Gram called the regular meeting of the Tiburon Town Council to order at 8:00 p.m. on Wednesday, May 15,2002, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. I""' ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Thompson PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Planning Director Anderson, Senior Planner Watrous, Associate Planner Lynch, Director of Administrative Services McVeigh, Town Clerk Crane lacopi ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Gram said that no action was taken on the matters discussed in closed session. ORAL COMMUNICATIONS None. INTRODUCTION OF NEW TOWN EMPLOYEE . Chad Monterichard, Information Technology Coordinator Director of Administrative Services McVeigh introduced Mr. Monterichard, who she said was selected from a pool of over 400 applicants for the position of Information Technology -- Town Council Minutes # 12-2002 May 15, 2002 Page 1 ',y "' I"'""' Coordinator. Ms. McVeigh said that Mr. Monterichard would be the Town's first IT Coordinator, and stated that he held a BA in Political Science and Computer Science from Chico State University. INTERVIEWS - (Vacancy on Planning Commission) . Ralph Hayward, 171 A venida Miraflores Mayor Gram said that Council would conduct the interview later in the meeting. CONSENT CALENDAR 1. Approval of Town Council Minutes - May 1,2002 2. Recommendation by Planning Director - Adoption of Policy Regarding Placement of Story Poles for Appeals Before the Town Council 3. Recommendation by Planning Director - Approval of Parcel Map and Subdivision Improvement Agreement for 200 and 210 Gilmartin Drive; Assessor's Parcel # - 39-171-05 (Portion) Owners! Applicants - Alexander & Binyamina Anolik ,.... 4. Recommendation by Director of Administrative Services - Approval ofFY 2001-02 Third Quarter Report 5. Recommendation by Town Manager - Contract Extension for Green Drake Engineering and Budget Amendment of $5,000 from General Fund Unallocated Reserves 6. Recommendation by Town Attorney - Resolution establishing Wednesday Exemption to Town Code for Open House Signs (a) A Resolution of the Town Council of the Town of Tiburon Establishing a Limited Exemption from the Town's Sign Ordinance for Open House-type Signs MOTION: Moved: Vote: To adopt Consent Calendar Items I through 6, above. Slavitz, seconded by Fredericks AYES: Unanimous III III III ,.... Town Council Minutes # 12-2002 May 15, 2002 Page 2 ., r- PUBLIC HEARING 7. Appeal of Design Review Board Decision - Approval of Site Plan and Architectural Review of a Pool, Cabana, and Various Landscaping Improvements Requiring a Variance for Excess Lot Coverage on the Property Located at 8 Tara View Road Assessor's Parcel # - 058-201-24 Applicants - David & Cathy Hallam Appellants - Bob & Nasealia Comman, 150 Round Hill Road Associate Planner Lynch gave the report. He said the Design Review Board had reviewed the application for a new pool, cabana and spa at 8 Tara View Road on February 21, 2002. At that meeting, the Board could not make all the findings for the requested lot coverage variance (from the 15% maximum allowed in the RO-2 zone to 18%) and continued the item to March 21. Lynch said the Board granted the applicants the continuance so that an alternative design for the cabana and pool could be developed. In granting this continuance, the Board took into account its own findings, the testimony of the public, as well as Staff's concerns regarding compliance with the Hillside Design Guidelines' concepts of "acoustic privacy" and discouraging "remotely located outbuildings." According to Lynch's report, the key changes presented to the Board on March 21, in an attempt r- to lessen the impact of the project on adjacent neighbors, were moving the cabana away from the south property line and the addition of a sound-isolating fence and shrubs at the south and west property lines. The project was .then approved by the Board and a variance was granted on the basis that the sound fence would be a proper mitigation plan for the potential noise/privacy impacts on the neighboring properties. An appeal was subsequently filed by the Mr. and Mrs. Cornman who live at 150 Round Hill Road. However, Associate Planner Lynch said that he had been contacted by the applicants and appellants prior to the meeting to indicate that some sort of compromise had been reached. He said that a new plan would be presented to Council for its approval. Council asked Staff for clarification of its role in either hearing the appeal or reviewing a new plan. Planner Lynch said that if Council approved the proposed plan, it would in essence be partially granting the appeal. Mayor Gram opened the public hearing. Mr. David Hallam, 8 Tara View Road, said the new plan would reduce the length of the cabana from 29 to 25 feet. He said the plan also included a new layout of the interior ofthe cabana. Mr. Hallam said that after three days of negotiations with his neighbors, he had agreed to this plan. -- Town Council Minutes # 12-2002 May 15, 2002 Page 3 ., /'"' Vice Mayor Slavitz asked whether the location of the pool was changed. Mr. Hallam replied that "nothing else had changed" in the plans. Mayor Gram asked Staff whether the revised plan affected the amount of the variance. Planner Lynch said the lot coverage would be "a fraction less." Bob Cornman, 150 Round Hill Road, thanked Council for visiting his home. He said that the privacy element was foremost in his mind when he and his wife had sought to invoke the law by filing their appeal. However, he said that the applicants had listened to their concerns and that by accepting this compromise, it was the "right thing to do." Mr. Cornman said the revised plans would reduce the large open area where people would congregate and make noise. However, he said he was not sure if they would accept an offer to move the pool back to its original location. After consulting with his wife who was in the audience, Mr. Conrman then indicated that "the pool is okay where it is." Mr. Cornman said he had prepared a Memorandum of Understanding between he and the Hallams. He asked the Council to continue to "maintain jurisdiction" over the process to ensure that the agreements made between the parties were adhered to. Town Attorney Danforth pointed out to Council and Mr. Cornman that the Town was not a party to their agreement, nor would it be enforced by the Town. ,,-... Mr. Cornman than asked for a "continuance" of the appeal process until the project was complete. Town Attorney Danforth said an approval by Council could be structured so that any changes to the plans would have to be reviewed by Council; however, she said that normally any changes to the approved plans would require a new application. Councilmember Berger agreed. He said that by Town policy plans are subject to review by Staff and a formal "plan check" in order to ensure conformance with Design Review Board [or Council] approval. Mayor Gram said that the appropriate venue to review changes would be the Design Review Board. Councilmember Thompson concurred. Vice Mayor Slavtiz thanked the parties for working together to reach a compromise. Councilmember Berger said the new plans showed the efforts of the applicants to mitigate the issues and that it was now clear that the appropriate findings had been made. ,....., Town Council Minutes # /2-2002 May /5. 2002 Page 4 ., Moved: Vote: To partially grant the appeal by accepting the submitted changes to the plans; Staff to return with a resolution of findings. Thompson, seconded by Slavitz AYES: Unanimous MOTION: /'"' 8. Appeal of Design Review Board Decision - Denial of Application to Legalize As- built Storage Shed and Spa, with Variances for Reduced Font and Side Yard Setbacks Assessor's Parcel # - 59-071-07 Applicant! Appellant - Tamara Blogg Councilmember Berger recused himself, stating that he lived within 300 feet of the project. Senior Planner Watrous gave the report. He said that on January 3, 2002, the Design Review Board adopted a resolution denying the application for approval of the as-built construction of a storage shed and spa, with variances for reduced front and side yard setbacks, on property located at 1870 Vistazo West Street. Ms. Tamara Blogg, owner of the property, subsequently appealed the decision to the Council on the grounds that 1) the topography ofthe property presented unique circumstances that made it impossible to relocate the spa and shed anywhere else on the site; and 2) that alternate locations for the shed and spa would result in privacy and noise impacts on neighboring residents. ,,-... In response to a question from Council, Mr. Watrous said under the Town's zoning ordinance, the wet bar in the shed was defined as a kitchen. He noted that the Town's Building Official had said that "significant changes" would be needed to bring the shed and spa into compliance with the Town Code. Councilmember Fredericks pointed out that even if the appeal was granted, the shed would still need to be brought up to code, and even if it were, it would still be an illegal third dwelling on the property. Councilmember Thompson asked whether the illegal structures presented a "dangerous condition" in the opinion of Staff. Mr. Watrous replied that the Building Officials had said they did not. Vice Mayor Slavitz asked if the Design Review Board had expressed concerns about the shed. Senior Planner Watrous said that variances would be needed even for a storage shed. Councilmember Fredericks added that the findings would have to be made in order to grant a setback variance to keep the shed. Fredericks then asked if the spa and shed could be reviewed separately. Mr. Watrous replied that the Zoning Ordinance allowed them in the rear yard set back only. Mrs. Fredericks asked if they r"' Town Council Minutes # /2-2002 May 15. 2002 Page 5 -, /'"' could be relocated somewhere on the deck. Mr. Watrous said that the front deck was not big enough to accommodate them, without encroaching into the required setbacks. Vice Mayor Slavitz asked how long the structures had been there and whether they would have to be removed ifthe appeal was denied. Mr. Watrous said the length of time was unknown to Staff but that if the appeal was denied, they would have to be removed. Mayor Gram opened the public hearing. Ms. Tamara Blogg said she regretted her mistake but disagreed with the findings of the Board. She said that her appeal was based on the fact that other homes in Tiburon enjoyed the same privileges of a spa within the front yard portion of their property, and that asking her to remove these structures would create a hardship for her. Ms. Blogg said spas were in the front yards of250 Diviso Street, 166 St. Thomas Street, and 105 Rock Hill Drive. Ms. Blogg said that she had letters of support from neighbors for keeping the structures in the current location. She also said she had letters from the manufacturer of the gazebo and a crane operator indicating that the structures could not be moved. ,,-... Vice Mayor Slavitz asked how long the spa and structures had been there. Ms. Blogg replied they had been there "over a year now." Tim Peterson, neighbor at 1860 Vistazo West, said the structures were located on the "down side" of the property and were unobtrusive. He said if they were relocated they would have a possible view impact for him and surrounding neighbors, and would also make the spa less private for Ms. Blogg. He said he had no objection to her keeping the structures where they were. Phil Hart, friend of Ms. Blogg, said that the application met two out of four findings for variances. He asked, however, who had determined that moving the structures was not an unnecessary hardship. Mr. Watrous clarified that what the Board actually said was that it could not make the finding that there would be an unnecessary hardship created by relocating the structures. Mr. Hart asked for Council's consideration of an unnecessary hardship and the special circumstances of the topography of the property, which was too steep in his opinion to relocate the spa and other structures. Mayor Gram closed the public hearing. ,-- Town Council Minutes # /2-2002 May 15, 2002 Page 6 " /'"' Vice Mayor Slavitz and Councilmember Fredericks pointed out on a map that it appeared that some steps on Ms. Blogg's property were actually in the Vistazo West right of way. Councilmember Thompson said this right of way had been created with the idea of widening Vistazo West in order to connect it to Lyford Drive. Vice Mayor Slavitz said that it was important to view the application as a "blank slate" and not base a decision on the fact that there were existing structures. He said the Design Review Board would not have approved the structures as sited, and that an approval now would create the possibility for future improvements to the structures [in their current location]. Slavitz said that although it was difficult to say "tear it down," if it was not torn down, a bad precedent would be set. Councilmember Fredericks said that a hardship as defined in the Town's zoning ordinance did not have to do with the costs associated with fixing something that was built something without approval. She said she regretted that the findings for approval could not be made. ,,-... Councilmember Thompson said that he agreed with the saying that it was sometimes easier to gain forgiveness than to seek approval. But in this instance, Thompson said, he was a "big softy" and might be persuaded to allow the structures to remain in their current location if he knew the property was going to be sold in the near future and then require that the structures be torn down at that time. However, he said he could not "do that to the community." Councilmember Fredericks agreed that such an action might constitute "spot zoning," which would be illegal. Mayor Gram said he agreed with his fellow Councilmembers and stated that you "can't look at something placed illegally and try to make it legal." MOTION: Moved: Vote: To deny the appeal and instruct Staff to return with a resolution of findings. Slavitz, seconded by Fredericks A YES: Unanimous RECUSED: Berger ---------------------------------------------------------------------------------------------------------------------- Mayor Gram asked to reconvene the meeting in the Conference Room in order to conduct interviews for the Planning Commission. Council interviewed Mr. Ralph Hayward for the position. Council then reconvened in Chambers and conducted the discussion regarding appointments to the Planning Commission. Council concurred that of the four applicants recently interviewed, Design Review Board member Dick Collins was not only qualified but had the most familiarity and experience with the Town's processes. ,....., Town Council Minutes # /2-2002 May /5, 2002 Page 7 /'"' APPOINTMENTS . Planning Commission - (One Vacancy) MOTION: Moved: Vote: To appoint Richard Collins to the Planning Commission Slavitz, seconded by Fredericks AYES: Unanimous REGULAR AGENDA 9. Recommendation by Town Manager - Lease of Mobile Storage Unit Town Manager McIntyre said that leasing a temporary storage unit would create a place to relocate the Planning Department files while building out the new workstations in Town Hall. Mcintyre said Staff had researched other options that were less desirable and that the proposed vault would be a ventilated, secure storage facility that would preserve the Town's files and allow easy access by Staff. He said the vault would be located in the parking lot behind Town Hall and would take up to four parking spaces where the Building and Planning Department vehicles were currently located. The Town Manager said the lease would be for one year in an amount not to exceed $3,000. ,,-... Councilmember Berger said that he and the Town Hall architect, David Ross, had met with Town Staff to review the storage options at Town Hall, both short and long term. Berger said that the long-term solutions that were discussed would be prohibitive in cost and difficult to achieve. Councilmember Slavitz asked if the location of the vault would have an adverse impact on parking at Town Hall. Town Manager Mcintyre said that since Town Staff and the Library Staff now parked at the adjacent Zelinksy lot, there did not appear to be a problem with parking. Mayor Gram said he liked the interim quality of the recommendation. Vice Mayor Slavitz said it would not forestall finding other, long-term solutions. CouncilmemberThompson said that space in the Joint Recreation Department should be used for file storage. MOTION: To approve the recommended lease of a vault for temporary file storage at Town Hall. Berger, seconded by Slavitz A YES: Berger, Fredericks, Gram, Slavitz NOES: Thompson Moved: Vote: ,....., Town Council Minutes # /2-2002 May 15. 2002 Page 8 ., /'"' COUNCIL. COMMISSION AND COMMITTEE REPORTS Councilmember Berger said that he had attended the Parks & Open Space Commission meeting the previous night wherein a proposal for a Skateboard Park in the vicinity of Blackie's Pasture was discussed. He said the Commission had unanimously approved the concept of a skateboard park but had also recommended that a task force be formed to study the matter in more detail. Councilmember Fredericks said that it was her understanding that the Commission had approved the park concept but not the actual location. She expressed concern that the proponents might think that the [Commission] was in favor of the park at the proposed location. Town Manager Mcintyre said that Staff would bring the task force recommendation to Council on June 5. Mayor Gram said Council should be prepared to discuss the matter at that time. Councilmember Thompson said he had concerns both about the process and the proposed design of the sculpture for the downtown art project. Mayor Gram said that the Heritage & Arts Commission had scheduled a public hearing on May 28 to discuss its recommended selection. He encouraged the Council to attend this hearing. WRITTEN COMMUNICATIONS ,,-... Town Council Weekly Digest- May 3, 2002 Town Council Weekly Digest - May 10,2002 ADJOURNMENT There being no further business before the Council of the Town of Tiburon, Mayor Gram adjourned the meeting at 9:22 p.m., sine0 ,,-... Town Council Minutes # 12-2002 May /5. 2002 Page 9