HomeMy WebLinkAboutTC Res 2012-09-05RESOLUTION NO. 29-2012
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
GRANTING AN APPEAL BY MAGDALENA YESIL AND JIM WICKETT
OF THE DESIGN REVIEW BOARD'S APPROVAL OF SITE PLAN AND
ARCHITECTURAL REVIEW FOR CONSTRUCTION OF ADDITIONS TO A SINGLE-
FAMILY DWELLING, WITH VARIANCES FOR REDUCED SIDE YARD SETBACK
AND EXCESS LOT COVERAGE, AS WELL AS A FLOOR AREA EXCEPTION, FOR
PROPERTY LOCATED AT 2308 MAR EAST STREET (FILE #21207)
(ASSESSOR PARCEL NO. 059-195-01)
WHEREAS, on December 1, 2011, the Design Review Board held a public hearing to
consider the approval of a Site Plan and Architectural Review application (File #21116) filed by
Peter Wilton ("Applicant") for the construction of additions to an existing single-family
dwelling, with variances requested for reduced side yard setbacks and excess lot coverage, as
well as a request for a floor area exception, for property located at 2308 Mar East Street; and
WHEREAS, at that hearing, the owners of the adjacent home located at 2306 Mar East
Street, Magdalena Yesil and Jim Wickett ("Appellants"), raised objections to the proposed
project, noting negative privacy, noise and lighting impacts if the proposed rear and side decks
were constructed, in addition to a proposed increase in the amount of windows on the southwest
elevation of the home; and
WHEREAS, after receiving public testimony, the Design Review Board concluded that it
shared many of the same concerns, as the impacts on the Appellants' property appeared to be
substantial. The Board also struggled to make appropriate findings, for the variances requested
for reduced side yard setbacks and excess lot coverage. The application was therefore continued,
with the Applicant directed to work with the Appellants on an adequate compromise in order to
reduce the negative impacts to the Appellants' property; and
WHEREAS, after requesting several continuances for the application, the Applicant
subsequently withdrew the application due to permit streamlining act time limitations and re-
submitted the application as a new filing (File #21207) on March 5, 2012; and
WHEREAS, the Design Review Board considered the new application (File #21207) at
its meeting of May 3, 2012, at which time the design of the home had not significantly changed
from the original application. However, the Board determined that the Applicant had made
progress towards addressing the concerns raised by the Appellants, including a reduction in the
depth of the proposed rear decks, elimination of the side deck expansion (which eliminated the
need for the right side yard setback variance), modification to the entry door, a reduction in the
amount of windows on the southwest elevation, and modifications to the exterior deck lighting.
The Board heard additional public testimony regarding the application from the Appellants, who
noted that the project, as re-designed, would still result in privacy, noise and lighting impacts to
their property. The Appellants also asserted that the Applicant should not be permitted to expand
outside of the existing building envelope; and
Town Council Resolution No. 29-2012 September 5, 2012 Page 1 of 3
WHEREAS, after receiving public testimony, the Design Review Board agreed that
additional modifications were necessary to reduce the amount of glazing and lighting impacts on
the Appellants. The Board recognized that there did not appear to be a way for both parties to be
happy with the project, but explained that the Applicant should be able to expand outside of the
building envelope as the project was modest in scope. The Board continued the project with
direction given to the Applicant to further modify the project; and
WHEREAS, the Design Review Board considered revised plans on June 7, 2012 at which
time additional modifications had been made to the project to lessen the impacts on the
Appellants. Modifications included a further reduction in the depth of the upper level rear deck,
a reduction in the size of windows on the southwest elevation, and installation of privacy screens
on the west side of both the upper and lower level decks at the rear of the home. The Appellants
continued to object to the project, noting remaining concerns regarding privacy, noise and
lighting impacts; and
WHEREAS, after receiving public testimony, the consensus of the Design Review Board
was that the Applicant had made significant progress toward addressing the concerns of the
neighbor, and concluded that the Applicant should be able to expand outside of the existing
building envelope as the project was modest in scope. In addition, the Board determined that the
contemporary R-2 zoning designation placed on these nineteenth century lots along the Mar East
Street waterfront provided an ill fit in general, and stated that it would be a hardship to the
Applicant to be unable to expand the home modestly when other owners in the vicinity had been
permitted to expand, sometimes to a larger degree. The Board voted (3-0), to conditionally
approve the application; and
WHEREAS, on June 14, 2012, Appellants filed a timely appeal of the Board's decision,
objecting to the variance findings made for the requested excess lot coverage and objecting to the
granting of the floor area exception, and asserting that the project would be materially
detrimental and injurious due to negative privacy and lighting impacts on their property. In
addition, the Appellants asserted that the granting of the variance was in violation of the Tiburon
Municipal Code, which specifically guards against increasing a non-conformity; and
WHEREAS, on August 15, 2012, the Town Council held a duly-noticed public 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 receiving all documents in the record, the
Town Council found that it could not make the required findings for a variance based on the
evidence in the project record. The Town Council determined that to the extent a strict
application of the zoning ordinance could create a hardship on the Applicant, that hardship was
self-created, in that it was caused by the manner in which the previous owner had developed the
property. In addition, the project would be injurious to other property in the vicinity, and the
proximity of the proposed rear decks to the Appellants' master bedroom would cause noise and
privacy impacts. The Town Council also concluded that an expansion project could be designed
without expanding outside of the existing building envelope that would reduce project impacts
on the Appellants; and
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WHEREAS, the Town Council further concluded that the Mar East Street waterfront is
an eclectic area, and that privacy will likely always be an issue in this neighborhood. However,
differences in house designs and locations mean that not every home in this neighborhood will
be able to have the same view and design opportunities enjoyed by other homes in the vicinity if
such improvements would result in substantial view or privacy impacts on surrounding
properties. Such differences were not necessarily a hardship. The Town Council stated that
there would appear to be a way for both parties to compromise on a design, and that the
Appellants and Applicant should continue to work together on a substantially different project
design that works towards that compromise; and
WHEREAS, the Town Council voted 5-0, to direct Staff to prepare a resolution granting
the appeal and denying the application without prejudice, waiving any design review-related fees
for a design re-submittal responsive to Town Council direction provided at the August 15, 2012
hearing.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon hereby grants the appeal of Magdalena Yesil and Jim Wickett and denies the application
for additions to a single family residence at 2308 Mar East Street (File #21207).
PASSED AND ADOPTED at a regular meeting of the Town Council on September 5,
2012, by the following vote:
AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Collins
ATTEST:
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DIANE CRANE IA PI, TOWN CLERK
Town Council Resolution No. 29-2012 September 5, 2012 Page 3 of 3