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Home My WebLink AboutTC Min 1998-10-07 . - I TOWN COUNCIL MINUTES CALL TO ORDER Vice Mayor Bach called the regular meeting of the Tiburon Town Council to order at 7:38 p.m. on Wednesday, October 7, 1998, in Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Bach, Gram, Thompson Hennessy, Matthews PRESENT: EX OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Senior Planner Watrous, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If anv) Vice Mayor Bach said that no action was taken in closed session. C. PUBLIC OUESTlONS AND COMMENTS None. f' D. INTRODUCTION OF NEW TOWN EMPLOYEE 1) POLICE OFFICER - (Jamie Scardina) Police ChiefHerJey introduced Officer Scardina and members of his family. Herley said that Scardina was born and raised in Corte Madera, had attended Marin Catholic High School, and had a BA in Sociology from the University of Montana. E. COUNCIL. COMMISSION & COMMITTEE REPORTS Councilmember Thompson said the proposal to reduce Ferry Feeder Bus Service in Tiburon and Belvedere had been tabled by the Transportation Steering Committee of the Golden Gate Bridge and Highway District indefinitely. F. CONSENT CALENDAR 2) TOWN COUNCIL MINUTES - #1146, August 19, 1998; #1149, September 24, 1998 - (Approve) 3) TOWN MONTHLY INVESTMENT SUMMARY - (August, 1998) - (Accept) 4) AMICUS BRIEF REQUEST - Howard Jarvis Taxpayers Association et al. v. City of San Diego, Case No. D0313448 - (Approve) 5) RECOGNITION UPON RETIREMENT OF GOLDEN GATE BRIDGE DISTRICT GENERAL MANAGER CARNEY CAMPION - (Adopt Resolution) MOTION: To Adopt Consent Calendar Items 2 -5. Moved: Thompson, Seconded by Gram r- Vote: AYES: Bach, Gram, Thompson ABSENT: Hennessy, Matthews Town Council Minutes #1150 October 7, 1998 Page 1 , r I G. NEW BUSINESS 6) TffiURON PENINSULA FOUNDATION - (Request to Create an Historical Trail and Install Markers along Multi-Use Path/Tiburon Boulevard) Item continued to October 21, 1998. H. PUBLIC HEARING 7) APPEAL OF DESIGN REVIEW BOARD DECISION RE: Addition of 2nd Story over Existing Garage Located at 735 Hawthorne Drive, AP#55-222-08; Applicants - Janis StonelFran Halperin; Appellants - same. In his Staff Report, Senior Planner Watrous said the appeal was based on the following arguments: 1) that second story additions were allowed under the Town's Hillside Design Guidelines with maximum height limitations of30 feet; 2) that the second story addition was consistent with the surrounding neighborhood where 25 out of 102 homes had additions; 3) that it was not really the addition of another story, just an extension of the roofin a split-level house design; 4) that the denial was actually a default judgement because the first Design Review Board vote had been a 2-2 tie. Vice Mayor Bach opened the public hearing. r Terrell Mason, attorney representing Janis Stone, owner and appellant, spoke on her behalf Mason said there was no definition of "story" in the Town's zoning ordinance, and that the view obstruction claimed by some of the neighbors was minimal. Fran Halperin, architect for Ms. Stone, said they were asking for no variances and had followed all the zoning guidelines. She said the applicant had proposed dropping the roofline one foot and that other changes had been made to the plans satisfY the neighbors' concerns. Ms. Halperin also argued that if the addition were placed at the first story level, it would have added more mass & bulk to the house, which was a concern expressed by Boardmember.Doane. Janis Stone, owner, said she had been given plans [for a second story] by the previous owner who claimed they had been approved by the Town. She said that when she first spoke to her neighbors, they supported the project, and that the reason she wanted the addition was so that her parents could stay with her when they visited. Ms. Stone said one of the complaints about view came from tenants living in an absentee owner's home at 730 Hilary Drive. She said she had offered to window a tree to open up their view but had been refused. She detailed other instances where the neighbors had refused to talk to her despite her efforts to reach compromise. - In response to the suggestion that she put the addition on the first story, Ms. Stone replied that it would be a dark room and take up the back yard space. Town Council Minutes # 1150 October 7, 1998 Page 2 . ~ Jane Ring, 725 Hilary Drive, said she would like to retain the ambience of the neighborhood, and expressed concern that the owner would build the addition and then move away. Councilmember Thompson said the question of who owned or lived in the home would have no bearing on the Council's ruling. Steve Ingledew, 730 Hilary Drive, said he lived directly behind the proposed addition. He said Ms. Stone would gain a view and he and his wife would lose theirs. (He noted that they had owned the home for only two months.) Mr. Ingledew said the only compromise they would consider was one oflevel grade extension to the house. Deborah Bendinelli, 735 Hilary Drive, said the Hilary Drive neighbors, not the Hawthorne Drive ones, were affected. She said they objected to the addition because 1) it would have a negative impact on the character of the neighborhood, 2) would result in loss of views, and 3) loss of pnvacy. Wayne Howard, 750 Hilary Drive, said that he and his wife had never held meetings in their home ~ on the issue. He said he personally had always advocated a one-story solution. Phil Henry, 720 Hilary Drive, said he objected to the mass and bulk of the project, and that it would change the character of the neighborhood. He said it was a special neighborhood and that the changes would be overwhelming. Steve Bendinelli, 750 Hilary Drive, said he was offended that Mrs. Stone continued to fight her neighbors. He said she owned other buildings in San Francisco and he thought she was just a speculator. Vice Mayor Bach asked Mr. Bendinelli to not personalize his remarks. During his rebuttal, Attorney Mason said that several Design Review Boardmembers said the one- story idea was not acceptable because it would create set-back problems. He said it was a small house, one of the few 2-bedroom, I-bath homes in the neighborhood, and that the best solution was the one currently proposed which totalled the addition of only 590 square feet. Mason said the Town's Hillside Guidelines called for compromise and that panoramic views such as the ones enjoyed by the neighbors could accept more compromise. He also noted that an addition had been approved for 710 Hawthorne just last week. I"'" Vice Mayor Bach closed the public hearing. Councilmember Thompson had some questions about ceiling height and the lighting plan. He proposed that applicant try to lower the roofline by two feet or go down below grade, or to stay Town Council Minutes #1150 October 7, 1998 Page 3 -- with a single floor addition. He also suggested eliminating the windows on the back side of the house. Thompson said the question was how to deal with the inevitable changes to older homes within the context of the community and neighborhood. He said he would vote to partially grant the appeal if further changes were made as suggested above. Councilmember Gram said the Council would consider neither the applicant's other real estate holdings or her reasons for building in making its decision. Gram said that although it was difficult to define the "character" of a neighborhood, "you know it when you see it." He said he would like to see additions to homes in order to bring them up to date, as long as they were done with moderation and taste. However, he said he did not want to "redesign the house," and also said he had concerns about view blockage. Vice Mayor Bach said there was still room for compromise and suggested that the house could be enlarged without going "up." He said no second story additions had been approved in that r neighborhood in the last 20 years and that he would not vote to grant the appeal. MOTION: To deny the Appeal with Prejudice *& direct Staff to prepare a Resolution of Findings - (*Councilmember Gram clarified that the applicant could come back with essentially the same project as long as the house's current roofline was preserved.) Moved: Vote: Gram, Seconded by Thompson AYES: Bach, Gram, Thompson NOES: None ABSENT: Hennessy, Matthews 8) NEW CHAPTER 3A OF TOWN MUNICIPAL CODE GOVERNING CONTRACTS & PURCHASES - (1st Reading by Title Only) Town Attorney Danforth said the ordinance tracked State Law and was consistent with other County ordinances governing contracts. MOTION: Moved: Vote: - To read Ordinance by Title only. Thompson, Seconded by Gram AYES: Unanimous ABSENT: Hennessy, Matthews Vice Mayor Bach read, "An Ordinance of the Town Council of the Town of Tiburon adding Chapter 3A of the Tiburon Municipal Code, Regulating the Letting of Town Contracts." Town Council Minutes #1150 October 7, 1998 Page 4 r MOTION: Moved: Vote: To pass first reading of above Ordinance. Thompson, Seconded by Gram AYES: Bach, Gram, Thompson ABSENT: Hennessy, Matthews L STAFF & TOWN MANAGER REPORTS 9) PLANNING COMMISSION & TOWN COUNCIL WORKSHOP - (Choose Date in November) .Council said it would consider November 10, 17 or 19, 1998. J. COMMUNICATIONS 10) DUAL ANNEXATION POLICY - (Letter to Town Manager from LAFCO David Ware, Dated September 11, 1998) Town Manager Kleinert said the Town had to reply by November 1, 1998. K. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Vice Mayor Bach adjourned the meeting at 9:35 p.m., sine die. ~ ../) ~ ." ~.3 MOGENS~CE~ A~ DIANE L. CRANE, TOWN CLERK - Town Council Minutes #1150 October 7, 1998 Page 5