HomeMy WebLinkAboutTC Res 2011-02-16 (3)RESOLUTION NO. 06-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON GRANTING AN APPEAL BY JEROME BERNAL, SHELLEY
BROWN, CELIA AND ANN DEMARTINI, ROBERT HARRISON,
WALLACE QUINN, DENNIS AND TERRY SCHWAKOPF, AND SUE
ZIMMERMAN TO OVERTURN THE DESIGN REVIEW BOARD'S
APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW
APPROVAL FOR CONSTRUCTION OF A NEW DETACHED TWO-
FAMILY DWELLING, WITH A DETACHED TWO-FAMILY
DWELLING EXCEPTION AND A VARIANCE
FOR REDUCED FRONT YARD SETBACK,
ON PROPERTY LOCATED AT 2312 SPANISH TRAIL
(ASSESSOR PARCEL NO. 059-201-32)
WHEREAS, on July 15, October 7, November 4, and December 2, 2010, the
Design Review Board held public hearings on a Site Plan and Architectural Review
application (File #21017) filed by William and Joy Norris to construct a new detached
two-family dwelling, with a Detached Two-Family Dwelling Exception and a Variance
for reduced front yard setback, on property located at 2312 Spanish Trail; and
WHEREAS, on December 2, 2010 the Design Review Board adopted
Resolution No. 2010-03 conditionally approving the project; and
WHEREAS, the Design Review Board's decision was appealed in a timely
manner by Jerome Bernal, Shelley Brown, Celia and Ann Demartini, Robert Harrison,
Wallace Quinn, Dennis and Terry Schwakopf, and Sue Zimmerman (collectively referred
to as "appellants"); and
WHEREAS, the project consists of File #21017, on file with the Town of
Tiburon Community Development Department. The official record for this project is
hereby incorporated and made part of this resolution. The record includes the Staff
Reports, minutes, application materials, and all comments and materials received at the
public hearings, and
WHEREAS, the Council established the detached two-family dwelling
exception process to effectively prohibit new detached two-family dwellings in the R-2
zone unless the applicant presented clear and convincing evidence to support and justify
said detachment in accordance with the criteria established for approval; and
WHEREAS, Section 16-40.020(B) of the Zoning Ordinance states that "The
purpose of the two-family dwelling exception process is to limit approval of such uses
where the applicant has successfully addressed land use compatibility issues and
neighborhood impacts, and where the detached units will result in a demonstrably
Town Council Resolution No. 06-2011 02/16/2011 Page 1 of 4
superior site planning solution as compared to a probable attached two-family dwelling";
and
WHEREAS, the Town Council finds that the application fails to demonstrate
that it addresses the land use compatibility issues of the project, as a detached second
dwelling unit would be inconsistent with the development pattern of attached two-family
dwellings and single-family dwellings on individual lots that prevails in the vicinity. The
Town Council concludes that the project as proposed would clearly appear as two
separate dwelling units, but would be located on a single parcel, and would thus
contribute to the appearance of a de facto single family residential land use pattern on
significantly smaller lots than is allowed in any single family zone, as described in
Section 16-40.020(A) of the Zoning Ordinance. The Town Council finds this contrary to
the intent of the Detached Two-family Dwelling Exception process.
WHEREAS, Section 16-40.020(I) of the Zoning Ordinance states that "The
burden rests with the applicant to convince the [review authority] that the project has met
the criteria necessary for approval"; and
WHEREAS, the Town Council held a public hearing on January 19, 2011,
and after receiving testimony and reviewing all evidence in the record, determined that
the subject application had not convincingly demonstrated that it had met Criterion #2 or
Criterion #3 for approval of a Detached Two-Family Dwelling Exception, as set forth in
Section 16-40.020(F) of the Zoning Ordinance. The Town Council specifically finds as
follows with respect to these criteria:
Criterion #2. Physical conditions exist on the lot that render impractical or difficult
the construction of attached units; or the site planning superiority and land use
compatibility benefits of detached units are clearly demonstrated for the lot.
A. The Town Council finds that the applicant has not demonstrated that
physical conditions on the lot render impractical or difficult the
construction of attached units. The Town Council finds that the
physical characteristics of the subject property are similar to those of
numerous other lots in the R-2 zone of the Old Tiburon neighborhood
and in the immediate vicinity with respect to lot area, lot width, and in
terms of being "through" lots with dual frontages. The applicant has
not identified any obvious physical conditions that could warrant a
detachment exception (e.g., rock outcropping, midden site, steep
vertical drop in elevation). Further, the Town Council finds that the
evidence in the record indicates that the physical impediments claimed
in the application do not preclude an attached unit.
B. The Town Council finds that the application has failed to clearly
demonstrate the site planning superiority of a detached two-family
dwelling for the lot, as a probable attached second dwelling unit could
be excavated into the site and attached to the rear of the existing
Town Council Resolution No. 06-2011 02/16/2011 Page 2 of 4
building that would not result in substantial view blockage, privacy, or
visual impacts on the neighboring residence at 2356 Spanish Trail.
Furthermore, the Town Council finds that vehicular access for attached
dwellings would be demonstrably similar to such access for detached
dwellings.
Criterion #3. Two dwelling units in two detached buildings would likely reduce
visual, environmental, privacy or other impacts as compared to a probable
attached two-family dwelling on the lot.
A. The Town Council finds that based on site visits, review of the
drawings, model, and other evidence presented at the appeal hearing
and in the record, two dwelling units in two detached buildings would
not necessarily reduce visual, privacy or and view blockage impacts as
compared to a probable attached two-family dwelling on the lot.
B. The Town Council finds that the applicant has not met his burden of
demonstrating the detached plan would likely reduce visual, privacy or
other impacts. For example, the project as proposed would have the
appearance of two single-family dwellings on individual lots, and the
visual appearance of two detached dwelling units on this lot would
likely be equal to or greater than that of two attached dwellings,
especially when viewed from properties on Vista Del Mar Lane. The
potential visual and view blockage impacts from a detached second
dwelling unit on the site would be roughly equal to and not clearly
reduced in magnitude from those created by an attached project
design.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon hereby grants the appeal of Jerome Bernal, Shelley Brown, Celia and Ann
Demartini, Robert Harrison, Wallace Quinn, Dennis and Terry Schwakopf, and Sue
Zimmerman and denies the applications (File #21017) for Site Plan and Architectural
Review to construct a new detached two-family dwelling, with a Detached Two-Family
Dwelling Exception, and a Variance for reduced front yard setback, on property located
at 2312 Spanish Trail. The denial is made without prejudice in that the Town will waive
zoning application fees if the applicant submits an application for construction of an
attached two-family dwelling unit on the property within one (1) year following the
adoption of this resolution.
Town Council Resolution No. 06-2011 02/16/2011 Page 3 of 4
PASSED AND ADOPTED at a regular meeting of the Town Council on
February 16, 2011, by the following vote:
AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell, Slavitz
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE LAVIT AYOR
T ; WN OF T _ URQ
ATTEST:
DIANE CRAM IACOPI,vTOWN CLERK
S: WdministrationITown CouncillResolutions1201112312 Spanish Trail appeal resov2doc
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