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HomeMy WebLinkAboutTC Res 2011-08-23 (4)RESOLUTION NO. 42-2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PARTIALLY GRANTING AN APPEAL BY DAN MIHALOVICH OF THE APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW FOR CONSTRUCTION OF ADDITIONS TO AN EXISTING SINGLE-FAMILY DWELLING FOR PROPERTY LOCATED AT 65 REED RANCH ROAD WHEREAS, on March 17, 2011, the Design Review Board held a public hearing to consider the approval of a Site Plan and Architectural Review application for the construction of additions to an existing single-family dwelling (Town File #711011) for property located at 65 Reed Ranch Road, proposed by James Parsons and Andrea Hong ("Applicants"); and WHEREAS, at that hearing, the owner of the adjacent home to the west at 67 Reed Ranch Road (Appellant) raised objections to the proposed project regarding the proximity and visual mass and bulk of the proposed addition, along with potential noise and privacy impacts; and WHEREAS, after receiving public testimony, the Design Review Board shared many of these concerns, particularly regarding the visual mass of the building and its proximity to the home at 67 Reed Ranch Road. The Board was also concerned with the potential removal of vegetation along the western side of the property that would screen the addition from the neighboring residence. The application was continued with the Applicants directed to reduce the height of the addition, consider other less sensitive locations for the addition, and do more to properly attach the addition to the main building; and WHEREAS, the Design Review Board heard the item again at its meeting on April 21, 2011. The Board reviewed the revised plans for the project, which replaced the proposed addition with a revised design that was moved to the east, away from 67 Reed Ranch Road. The existing detached garage at the northeast corner of the lot was to be demolished and replaced with a new two-story addition that would be 24 feet, 6 inches in height. The lower level of the addition would include an attached three-car garage and a workshop space to the rear. The upper floor of the addition would include a guest bedroom and a model train room. The Board heard additional public testimony from the neighboring property owners regarding the visual mass and bulk of the revised project design, along with potential noise and privacy impacts; and WHEREAS, after receiving public testimony, the consensus of the Design Review Board was that the project was generally responsive to the previously raised concerns. However, the Board still had issues with the overall height and visual mass of the proposed addition, particularly the "monitor" section above the upper floor addition, and the amount and/or pattern of windows. The application was again continued, with the applicants given direction to address these concerns; and Town Council Resolution No. 42-2011 August 23, 2011 Page 1 of 4 WHEREAS, the Design Review Board heard the item again at its meeting on May 19, 2011. The Board reviewed the revised plans for the project, which narrowed the monitor section of the proposed upper floor addition and reduced its height; reduced the number and area of the windows on the western side of the addition, facing the home at 67 Reed Ranch Road; modified the roof design of the upper floor to connect more seamlessly with the roofline of the existing house; and made minor changes to the overall dimensions of the proposed addition; and WHEREAS, after receiving public testimony, the Design Review Board concluded that the project revisions had adequately addressed the Board's previous concerns and was in conformance with the Guiding Principles of Site Plan and Architectural Review and with the Tiburon Hillside Design Guidelines. In order to ensure that the walkway leading to the front entry would be properly screened from the home at 67 Reed Ranch Road, the Board added two conditions of approval to the project that required that grading be minimized to preserve the existing trees along the western side of the property, and that two (2) 36-inch box native trees be planted to screen the top of the entry walkway. The Board voted (4-1), to conditionally approve the project, with the additional conditions of approval; and WHEREAS, on May 31, 2011, Dan Mihalovich, the owner of the adjacent property at 67 Reed Ranch Road ("Appellant"), filed a timely appeal of the Board's decision, objecting to the visual mass and bulk and potential privacy impacts caused by the proposed addition and asserting that more information was needed regarding the grading, walkway and driveway changes of the project; and WHEREAS, on July 6, 2011, the Town Council held a duly-noticed hearing on the appeal, during which testimony was heard and considered regarding the proposed 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 dismissed the appellant's concerns regarding privacy, grading and the changes to the walkway and driveway. However, it was the consensus of the Council that the proposed additions would look too massive when viewed from Reed Ranch Road and that the amount and/or area of the windows proposed for the additions were excessive. The application was continued, with the applicants given direction to address these remaining issues; and WHEREAS, the Town Council heard the item again at its meeting on August 3, 2011. The Council reviewed the revised plans for the project, which lowered the roofline of the garage above the two easternmost spaces by 8 inches; replaced the larger hallway windows on the west side of the building with smaller windows; and replaced the row of 8 small windows on the upper level guest bedroom facing the street with 3 larger windows; and Town Council Resolution No. 42-2011 August 23, 2011 Page 2 of 4 WHEREAS, after hearing all testimony and reviewing all documents in the record, the Town Council determined that the proposed addition would not substantially impact the privacy from the Appellant's home and the house design was consistent with the pattern of development in the surrounding neighborhood and with the principles of the Hillside Design Guidelines. However, the Town Council determined that additional modifications to the windows and interior lighting fixtures were necessary to avoid unwanted light and glare for the Appellant's home; and WHEREAS, the Town Council voted 5-0 to direct Staff to prepare a resolution partially granting the appeal and adding conditions of approval approving the revised plans and modifying the windows and interior lighting of the addition. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby partially grants the appeal of Dan Mihalovich. BE IT FURTHER RESOLVED that the Town Council adds the following conditions of approval to those imposed by the Design Review Board: 13. The revised project plans dated July 25, 2011, as modified by the conditions of approval below, are approved and supersede the plans approved by the Design Review Board. 14. The four (4) windows on the west side of the garage on the lower level shall be eliminated. 15. The two (2) lower level hallway windows closest to the garage shall be eliminated. 16. Interior light fixtures within the addition shall be designed to shine on the floor and/or stairs and not onto windows and mullions. BE IT FURTHER RESOLVED that the final and consolidated conditions of approval are attached as Exhibit "A" hereto. PASSED AND ADOPTED at a regular meeting of the Town Council on August 23, 2011, by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell, Slavitz NOES: COUNCILMEMBERS: None Town Council Resolution No. 42-2011 August 23, 2011 Page 3 of 4 ATTEST: s DIANE CRANE IACOPY; TOWN CLERK Town Council Resolution No. 42-2011 August 23, 2011 Page 4 of 4 EXHIBIT A CONDITIONS OF APPROVAL 65 REED RANCH ROAD FILE #711011 (AS AMENDED AT THE AUGUST 23, 2011 TOWN COUNCIL MEETING) 1. This approval shall be used within four (4) years of the approval date, and shall become null and void unless a building permit has been issued. 2. The development of this project shall conform with the application dated by the Town of Tiburon on January 24, 2011, or as amended by these conditions of approval. Any modifications to the plans of May 9, 2011 must be reviewed and approved by the Design Review Board. 3. Plans submitted to the Building Division for plan check shall be identical to those approved by the Design Review Board. If any changes are made to the approved Design Review plans, the permit holder is responsible for clearly identifying all such changes when submitted to the Building Division for plan check. Such changes must be clearly highlighted (with a "bubble" or "cloud") on the submitted plans. A list describing in detail all such changes shall be submitted and attached to the building plans, with a signature block to be signed by the Planning Division Staff member indicating that these changes have been reviewed and are approved, or require additional Design Review. All changes that have not been explicitly approved by Staff as part of the Building Plan Check process are not approved. Construction that does not have Planning Division approval is not valid and shall be subject to stop work orders and may require removal. 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. 5. The applicant must meet all requirements of other agencies prior to the issuance of a building permit for this project. 6. All exterior lighting fixtures other than those approved by the Design Review Board must be down light type fixtures. 7. The project shall comply with the following requirements of the Southern Marin Fire Protection District: a. The proposed additions shall have installed throughout an automatic fire sprinkler system. b. The address shall be posted in accordance with the requirements of the California Fire Code. 1 OWN OF TIBURON PAGE 1 OF 2 C. Smoke detectors shall-be installed in accordance with the requirements of the California Fire Code. d. Noncombustible roofing materials shall be utilized. e. The applicant shall comply with California Fire Code and Public resource Code 4291 requirements relating to the clearance of flammable brush and weeds. A minimum clearance of thirty feet (30') from structures and ten feet (10') from roads and property lines shall be maintained. 8. All requirements of the Marin Municipal Water District shall be met. 9. The applicants shall obtain any necessary sewer permits from the Richardson Bay Sanitary District and pay all applicable fees prior to construction of a side sewer and connection to the sewer main. After connection to the sewer main but prior to commencement of discharge and prior to covering of the pipe, the District shall be contacted and allowed to inspect the connection for conformance to standards. 10. All requirements of the Town Engineer shall be met, including, but not limited to, the following, which shall be noted on building plan check plans: a. A Public Works encroachment permit will be needed for construction movement to and from the private shared driveway and to control construction staging and parking. b. The public right-of-way shall be protected from damage during construction, or repairs shall be made to the satisfaction of the Tiburon Public Works Department. 11. Two (2) 36 inch box native trees shall be planted to screen the top of the entry walkway from the neighboring home at 67 Reed Ranch Road. 12. Grading shall be minimized to preserve the existing trees along the western side of the property, with the exception of the coast Live Oak tree to be removed as part of the project. 13. The revised project plans dated July 25, 2011, as modified by the conditions of approval below, are approved and supersede the plans approved by the Design Review Board. 14. The four (4) windows on the west side of the garage on the lower level shall be eliminated. 15. The two (2) lower level hallway windows closest to the garage shall be eliminated. 16. Interior light fixtures within the addition shall be designed to shine on the floor and/or stairs and not onto windows and mullions. 65 REED RANCH ROAD REVISED CONDITIONS OF APPROVAL 8/23/11 PAGE 2 OF 2