Loading...
HomeMy WebLinkAboutTC Min 1997-09-17 /. "....... TOWN COUNCIL MINUTES CALL TO ORDER Mayor Hennessy called the regular meeting of the Town Council of the Town of Tiburon to order at 7:43 p.m. on Wednesday, September 17, 1997 in Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNClLMEMBERS: Ginalski, Hennessy, Thayer, Thompson (7:55 p.m.), Wolf None ABSENT: COUNClLMEMBERS: PRESENT: EX OFFICIO: Acting Town Manager Anderson, Interim Town Attorney Sharp, Finance Director Stranzl, Police ChiefHerley, Senior Planner Watrous, Town Clerk Crane r- B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) Mayor Hennessy announced that no action had been taken. C. PUBLIC OUESTIONS AND COMMENTS None. D. COUNCIL. COMMISSION & COMMITTEE REPORTS Vice Mayor Thayer said he attended the dedication ceremony of the Cecilia Place (EAH) project which, he said, set a model for similar projects and that everyone should be proud of it Thayer said the Town of Tiburon was one ofa few communities now in compliance with State requirements for moderate cost housing. E. CONSENT CALENDAR 1) Town Monthly Investment Summary - July 31,1997 - (Accept) 2) Downtown Task Force - (Authorize Town Portion of Funding for Downtown Study) 3) Order to Show Cause - (Schedule Abatement Hearing for 105 Trestle Glen Terrace) 4) 1997 Streets Maintenance Project - 97-SM-OI - (Award of Contract) 5) Town Monthly Police Statistics - August, 1997 - (Accept) 6) Tiburon Peninsula Citizen of the Year - Terry Koenig - (Adopt Resolution) ""'" MOTION Move: Vote: To adopt Consent Calendar Thayer, Seconded by Ginalski AYES: Unanimous Town Council Minutes # //23 September 17. 1997 1 ,-.... I. NEW BUSINESS 10) COPS Program - Approve Police Plan for Expenditure of 1997-98 Allocation MOTION: Moved: Vote: To move Item 10 up on the agenda. Hennessy, Seconded by Thayer AYES: Unanimous Councilmember Wolf expressed concern regarding the proposal to consolidate the funds by Police Departments within the County of Marin. She said the purpose of the COPS bill was not to fund ongoing programs, but rather to be used for front-line programs. ChiefHerley said it originally was slated to hire additional law enforcement personnel but that the formula was not effective because it only allowed a town the size ofTiburon $19,500, a sum too low to hire an additional officer. ChiefHerley said the Marin County Police Chiefs recommended pooling the funds to help defray each city's future cost of replacing the county-wide communications system, of which Tiburon's share would be approximately $220,000. In response to a question for Councilmember Wolf, Herley said he thought the pooling recommendations was appropriate and not a misuse of the funds. I"'" MOTION: Moved: Vote: To approve Proposal to Pool the COPS Funding. Thayer, Seconded by Ginalski AYES: Unanimous G. UNFINISHED BUSINESS 7) Main Street Traffic Safety Improvements - Authorize Recommendations of Traffic Safety Committee. Town.Engineer Barmand said Items 1-4, listed below, did not affect the City of Belvedere: Item # 1 - Increased parking enforcement along Ark Row, especially prohibiting double-parking of trucks; Item #2 - Prohibiting tour or passenger buses on Main Street; Item #3 - Eliminating all parking on lower Main Street in the mornings until 11 :30 a.m. except for delivery vehicles. No delivery trucks on Main Street after 11 :30 a.m. ( /'11M - Fer) Item #4 - Establishing a 14 mph speed limit on all of Main Street to be posted and painted on the street. MOTION: Moved: Vote: To Adopt above Recommendations. Thompson, Seconded by Ginalski AYES: Unanimous 8) Acquisition of One-Bedroom BMR Unit at Pt. Tiburon Marsh Complex (Unit #18)- (Authorize). ""'" Town Council Minutes #1123 September 17. 1997 2 "'"' Finance Director Stranzl said the action was a reaffirmation of a previous Council decision, and that the Marin Housing Authority would administer the unit as a low-income unit. MOTION: Moved: Vote: To proceed with the Purchase of Unit #18 at Pt. Tiburon Marsh Complex. Wolf, Seconded by Thompson AYES: Ginalski, Thayer, Thompson, Wolf ABSTAIN: Hennessy [recused] H. PUBLIC HEARING 9) APPEAL OF DESIGN REVIEW BOARD DECISION Re: Conditions of Approval and Variance to Project at 12 Tara Hill Road, AP#58-201-22; Bill McLaughlin, Developer; James & Debra Molakides, Owners; Alexander & Hedvig Margulis, 8 Tara Hill Road, Appellants. Senior Planner Watrous said that the proposed structures at 12 Tara Hill Road would cover 6,790 square feet (including garage) which was 482 square feet over the maximum, and would extend to within 11 feet of the southwest side property line. Because of these issues, the Applicants had requested variances for the side-yard setbacks and aFAR (Floor Area Ratio) exception. Watrous said the Appellants claimed the variances were contrary to the Town Zoning Ordinance and constituted special privilege. They also claimed loss of privacy and diminished property value. r- Watrous said the Design Review Board had taken the potential view and privacy impacts of the proposed house into account in making their decision to approve the project. He also said the Applicant had taken this into consideration and had revised the plans to leave a substantial distance (60 feet) between the proposed house and Appellants' home. Watrous recommended denial of the appeal. Mayor Hennessy opened the public hearing. Colleen Mahoney, representing Appellants Mr. & Mr. Margulis, said there were numerous significant facts to support their contentions. She said the lot in question was larger than average for the neighborhood and that it was not difficult to design on; therefore, she questioned the need for the variances. She quoted from a letter from former Mayor Al Kuhn which stated the [one- acre] lot sizes on Mt. Tiburon were there to allow substantial space between houses, and she stated that the developer [McLaughlin] had been unwilling to reduce the size of the house which she called "over-reaching." Mahoney said it was not reasonable to place a burden on the Appellants if they or someone else might want to build or expand on their lot in the future. Peter Brekhus, legal counsel for Appellants, presented 89 signatures of residents opposed to the project, including 33 in the immediate neighborhood. He stated that the Design Review Board did not unanimously approve the project and was highly conflicted about it He pointed out that the Town must have substantial evidence to support its findings (in granting variances) and asked _ that Applicant be directed to come back with more reasonable plans. Town Council Minutes #1123 September 17. 1997 3 c r--. Ron Larsen, attorney for Applicants' team, said the appeal constituted a design veto and lacked substance. Larsen said the house had already been moved back on the lot to alleviate the view concerns and could not be sited differently. He said any further changes would represent an unnecessary hardship to the property owner. Michael Heckmann, architect on Applicant's team, rebutted Ms. Mahoney's arguments concerning siting and pointed out the difficulties of designing on the steep slope. He said the Appellants would have to strain to see the proposed structure. Heckmann said the vegetation and terrain assisted the Molakides in this regard. He also said the Applicants wanted to preserve an existing tree next to the house Paul Leffingwell, design consultant and landscape architect representing Applicants, said the current plantings would be upgraded and would allow for further screening. Bill McLaughlin, Developer, said there was a previous house design for the property, but that the current one was smaller, and had been moved back. He said topographical issues would prevent it being moved further. McLaughlin said this was the best siting on the property, in his opinion. Councilmember Thayer asked why it was necessary to demolish the existing garage. McLaughlin said it was in an attempt to make the house into one cohesive building. r-- During public comment, the following people spoke against the project citing issues of density, bulk and excess FAR: Allan Littman, 100 Rolling Hills Road, said the FAR limit was a maximum established by the Town and should not be easily overcome. He said it would set a precedent to exceed it. Kathy Bowen, 179 Stewart Drive, also was concerned about a "dangerous precedent in approving a struQture almost twice the size" of the existing one Horton Hinshaw, 15 Tara Hill Road, objected to granting of variances and the size of the house. Bill Atchley, Mar West, 45 year resident, said the size of the edifice would erode the traditions of the Town. David Franklin, 115 Reed Ranch Road, asked why reducing the size of the house would constitute a hardship to the owners' and asked Council to keep it within the FAR guidelines. Herbert Kassel, 105 Reed Ranch Road, former Chairman of the Architectural Committee of Ring Mountain and Reed Ranch area, said he had never seen exceptions taken such as this which would clearly impact on the neighbors and the value of their homes. ""'" Eric Carlsson, said he would like to see the character of the city maintained. Town Council Minutes #1123 September 17.1997 4 -. Peter McGowan, 123 Round Hill Road, member of the original Planning Commission, said that "drawing a line" in very important and that the variances were inappropriate. Mr. Alex Margulis, Appellant, said he would like to live in peace with the Molakides but that they had refused some of the compromises. Peter Brekhus, said Council should enforce the regulations [General Plan and Zoning Ordinance] enacted by the community. Mayor Hennessy closed the public hearing. Councilmember Wolf said she was sympathetic to the viewpoint that there should not be variances but said it was disingenuous given that other people had been granted similar privileges. Wolf said there appeared to be no negative impact to the neighborhood in this case. Vice Mayor Thayer said each application should be taken on the merits and, in this instance, the case for hardship had not been made and therefore there was no need for a variance. Thayer pointed out that there were already three buildings on the site, but that the new project seemed ill- suited for the site and needed to conform to the rules. He said the Applicants would be welcome to the neighborhood but suggested that they go back to the drawing board. - Councilmember Ginalski said a project did not have to be visible to all the neighbors to violate the [Zoning] Ordinance, and that he would grant the appeal for the protection of everyone in the Town. Councilmember Thompson said the situation in which old homes were being demolished and new ones were being built was increasing, and that in this case, the new house would be an improvement to the neighborhood. However, Thompson said he would vote for imposing a condition of pushing the house back an additional five feet on the west side. Mayor Hennessy said if the application was to build a new house she would object to the variance and FAR exception, but that in this case, since the neighbor's views were not being impacted it would not be fair to ask the Molakides to move the house and take away their own view. Council member Ginalski said the Council engaged in too much "designing by committee" and that the proper course was to accept the design or remand it to the Design Review Board. MOTION: Moved: Vote: To Grant the Appeal and Refer the Matter to the Design Review Board. Ginalski, Seconded by Thayer AYES: Ginalski, Thayer NOES: Hennessy, Thompson Wolf -. Motion failed. Town Council Minutes #1/23 September 17, 1997 5 r--- MOTION: To Deny the Appeal and Return the Matter to the Design Review Board with the Direction of Reducing the Southwest Set-Back an additional Five Feet. Thompson, Seconded by Thayer Moved: Town Attorney Sharp said it was appropriate for Council to move to approve, deny or uphold an appeal with conditions, but that the conditions needed to be reasonable and relate to the Ordinances in question. He also said Council could remand the matter if it did not have enough information. Councilmember Ginalski asked for no constraints or conditions, but rather a vote for denial of or upholding the appeal. The motion was withdrawn by Councilmember Thompson. MOTION: Moved: To Grant the Appeal without Prejudice. Ginalski, Seconded by Thayer Councilmember Thompson asked whether any direction could be given to the Design Review Board if the appeal was upheld. - Councilmember Ginalski said it would be self-explanatory from reading the minutes where the Council had difficulties with the project. Councilmember Thompson asked to amend the above motion; Councilmember Thayer concurred. AMENDED MOTION: To Grant the Appeal and direct the Design Review Board to look at how to reduce and minimize the set-back into the Southwest comer. Thompson, Seconded by Thayer Movep: Town Attorney Sharp clarified for Council that if the application was denied without prejudice the applicant could re-submit it within one year and have the fees waived. No vote was called on the amended motion. Councilmember Ginalski restated the previous motion. Vote: AYES: NOES: Ginalski, Thayer Thompson, Hennessy, Wolf MOTION: To Grant the Appeal without Prejudice. _ Vice Mayor Thayer said the motion should include Councilmember Thompson's direction to the Design Review Board. Town Council Minutes #1l23 September 17,1997 6 r-- Town Attorney Sharp said the Board could not be directed to do a specific design but that Council could ask that the direction not be contradicted. In other words, Sharp said, the Council could remand the issue and ask the Board to make a decision not inconsistent with the directions and recommendations of the appellant body, or Council could remand the matter simply without either denying or upholding the appeal. MOTION: Moved: Vote: Motion failed. MOTION: Moved: To Deny the Appeal. Hennessy, Seconded by Wolf AYES: Hennessy, Wolf NOES: Ginalski, Thompson, Thayer To Remand the Matter to the Design Review Board to work out the differences. Thompson, Seconded by Thayer No vote was called. Mayor Hennessy pointed out that this motion had already been voted upon. Town Attorney Sharp said he understood the latest motion to essentially mean the appeal was being denied. r-- The motion was restated as follows: MOTION: Moved: Vote: To Deny the Appeal. Thompson, Seconded by Wolf AYES: Hennessy, Thompson, Wolf NOES: Ginalski, Thayer K. . STAFF & TOWN MANAGER REPORTS 14) Corinthian Island Steps Acquisition - Status Report - (Planning Director). Planning Director Anderson said it was a complicated matter involving the quitclaim of interest by up to nine property owners to the Town. He said a surveyor, Larry Doyle, was working to determine where the exact boundaries were. Mayor Hennessy asked for further clarification and questioned whether it was beneficial for the Town to accept the steps. J. COMMUNICA nONS 11) Letter from U.S. Dept. Onnterior to Mayor Hennessy Re: Angel Island Immigration Station - National Historic Landmark Status - (September 4, 1997). 12) Letter from State Architect Mary Hoy to Town Manager Kleinert Re: Police Building Seismic Retrofit Grant - (August 20, 1997). - Mayor Hennessy congratulated the Police for the receipt of the $166,000 grant funding. Town Council Minutes # J 123 September 17. 1997 7 ""'" K. STAFF & TOWN MANAGER REPORTS 13) Flood Plain Improvements and Status ofZelinksy Park - (planning Director). Planning Director Anderson said a service agreement had been signed with BSA architects to manage the design contract with Carducci landscaping. He said a conceptual drawing would available shortly. Councilmember Wolf suggested a joint meeting with the Parks & Open Space Commission to review the design. Council concurred. L. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Hennessy adjourned the meeting at 10:15 p.m., sine die. ~~YrI, ~lJr THERESE M. HENNESSY, MAYO ~ A7fzL _ DIANE L. CRANE, TOWN CLERK ""'" Town Council Minutes # I J 23 September 17, 1997 8