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HomeMy WebLinkAboutTC Res 2012-09-05 (2)RESOLUTION NO. 30-2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON GRANTING AN APPEAL BY DAVID KULIK 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 owner of the adjacent home located at 2310 Mar East Street, David Kulik ("Appellant"), raised objections to the proposed project, noting negative privacy, noise, view and lighting impacts if the proposed rear decks and kitchen/expansion were constructed; and WHEREAS, after receiving public testimony, the Design Review Board concluded that it shared many of the same concerns, as the impacts on the Appellant's 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 Appellant on an adequate compromise in order to reduce the negative impacts to the Appellant's 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 did not significantly change from the original application. However, the Board determined that the Applicant had made progress towards addressing the concerns raised by the Appellant, including a reduction in the depth of the proposed rear decks, modifications to the exterior deck lighting, and elimination of the vertical support structures and the small deck in front of the kitchen addition/expansion. The Board heard additional public testimony from the Appellant, who noted that the project, as re- designed, would still result in privacy, noise, view, odor and lighting impacts to his property. The Appellant also asserted that the Applicant should not be permitted to expand outside of the existing building envelope; and WHEREAS, after receiving public testimony, the Design Review Board agreed that more could be done to the project to further reduce impacts on the Appellant's property; however, the Town Council Resolution No. 30-2012 September 5, 2012 Page 1 of 3 Board determined that the project, as designed, would actually improve privacy for the Appellant due to way the kitchen addition/expansion was sited and the placement of the windows at the area of addition. 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 since the project was modest in scope. The Board continued the application 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 Appellant's property. Modifications included a further reduction in the depth of the upper level rear deck to align with the proposed kitchen addition/expansion and lower level deck. The Appellant continued to object to the project, noting remaining concerns regarding privacy, noise, odor 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 Appellant, 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 15, 2012, Appellant filed a timely appeal of the Board's decision, objecting to the variance findings made for the requested reduced side yard setback and excess lot coverage, and asserting that the project would result in several adverse and injurious effects to his property. In addition, the Appellant asserted that the granting of the variance was in violation of the Tiburon Municipal Code, which specifically guards against increasing a non-conformity, and also objected to the approval of a modified door, which is located on Appellant's property; 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, project would be injurious to other property in the vicinity; the proposed kitchen addition/expansion and rear decks would be too close to Appellant's various living areas and would adversely affect the Appellant's privacy and view, and the expanded outdoor areas would generate additional noise. The Town Council also concluded that an expansion project Town Council Resolution No. 30-2012 September 5, 2012 Page 2 of 3 could be designed without expanding outside of the existing building envelope that would reduce project impacts on the Appellant's property; and 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 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 Appellant 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 David Kulik and denies the application (File #21207) for additions to a single family residence at 2308 Mar East Street. 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 G JIM F , ~VIAYOR TOWN F TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK 11 Town Council Resolution No. 30-2012 September 5, 2012 Page 3 of 3