HomeMy WebLinkAboutBAR Min 1990-9-20 *_ `~
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MINUTES #272
TIBURON BOARD OF ADJUSTMENTS AND REVIEW
20 SEPTEMBER 1990
TOWN COUNCIL CHAMBERS, DEL MAR SCHOOL, TIBURON
I . ROLL CALL: Present : Chairman Heckmann
Boardmembers Mahoney, Morrison,
Perlmutter
Absent : Bennett
Staff : Assistant Planner Esser -
Dept . Secretary Maiden
II . CONSENT CALENDAR:
1 . Puckett 401 Hilary Drive Deck Enclosure
2. Thomas 671 Hawthorne Replace Deck
3. Zelinsky 1651 Tiburon Blvd Windows
4 . Chin 73 Via Los Altos Alterations
5. Kramer 15 Mark Terrace Fence
6. Hayes 412 Greenwood Beach Alterations
Assistant Planner Esser presented the applications, noting : In
regards #2, 671 Hawthorne, the signature from the owners of 673
Hawthorne would be required as a condition of approval ; in
regards #5, 15 Mark Terrace, a survey of that portion of the
property line ( location of fence) be provided prior to issuance
of building permit .
It was noted that the applicant for item #4, 73 Via Los Altos,
stepped" forward andpresented a rendering and color samples .
It^was noted the Board discussed the items briefly.'
IO0 by Chairman Heckmann, seconded by Boardmember Perlmutter
to approve items #1 , #3, #4, and #6 as submitted .
AYES: Heckmann, Mahoney, Morrison, Perlmutter
Noes : None
Absent : Bennett
MOTION by Chairman Heckmann, seconded by 8oardmember Mahoney to
approve item #2, 671 Hawthorne, with the condition that the
applicant secure the signatures from the owners of 673 Hawthorne.
AYES: Heckmann, Mahoney, Morrison, Perlmutter
NOES: None
ABSENT: Bennett
TIBURON BOARD OF ADJUSTMENTS & REVIEW MINUTES #272 9/20/90 1
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MOTION by Chairman Heckmann, seconded by Boardmember Perlmutter
to approve item #5, 15 Mark Terrace , with the condition that the
applicant provide a survey of the property line for that portion
of property where the fend is to be located , prior to issuance
of a building permit .
AYES: h-ieckmann, Mahoney, Morrison, Perlmutter
NOES: None
ABSENT: Bennett
TIBURON BOARD OF ADJUSTMENTS & REVIEW MINUTES #272 9/20/90 2
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III . OLD BUSINESS BEFORE THE BOARD:
1 . TIBURON PENINSULA CLUB 1600 MAR WEST COURT LIGHTING
Assistant Planner Esser stated that the applicants had requested
a continuance.
Fran Mayberry, 1,494 Vistazo West , stated that she had spoken to
Barbara Matthews of TPC that afternoon, and it was her
understanding the TPC intended to have the item heard tonight .
Stated she and others were present that evening because they were
not given notice it was to be continued .
Mrs . Mayberry stated she wanted the recond to show that TPC had
made no attempts to try and work things out with the neighbors,
as had been strongly recommended by the Board at the last
hearing . Stated she, along with Mr . Taylor and Mr . Hobbs, had
not been contacted at all .
Mrs. Mayberry suggested that given this lack of good faith , the
application be denied .
Mrs. Mayberry stated she also felt the Board should give
consideration to whether TPC should be allowed to keep the
lighting for the existing two lighted courts.
Chairman Heckmann acknowledged Mrs. Mayberry ' s concerns, however ,
stated the application would be continued as it was at the
request of the applicant .
MOTION by Chairman Heckmann, seconded by Boardmember Morrison to
continue the item to the 18 October 1990 meeting of the BAR.
AYES: Heckmann, Mahoney, Morrison, Perlmutter
NOES: None
ABSENT: Bennett
Mrs . Mayberry protested that she would not be able to be present
on that date.
Chairman Heckmann suggested she arrange to have a representative
present for her , as well as put her concerns in writing for the
record .
Mrs . Mayberry approached staff and asked if the request for
continuance had been received in writing . It was noted the
request had been verbal , not written.
lFIBURON BOARD OF ADJUSTMENTS & REVIEW MINUTES #272 9/20/90 3
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2. KAGIN 17 NOCHE VISTA LIGHTING
Assistant Planner Esser noted the applicant had requested a
continuance.
MOTION by Chairman Heckmann, seconded by Boardmember Morrison to
continue the item to the 1 November 1990 meeting of the BAP.
AYES: Heckmann, Mahoney, Morrison, Perlmutter
NOES: None
ABSENT: Bennett
TIBURON BOARD OF ADJUSTMENTS & REVIEW MINUTES #272 9/20/90 4
3. WILLIAMS 1860 CENTRO WEST DUPLEX
Assistant Planner Esser stated the application would need to be
continued as the applicant had not provided materials requested .
MOTION by Chairman Heckmann, sconded by Boardmember Morrison to
continue the item to the 1 November 1990 meeting of the BAR .
AYES: Heckmann, Mahoney, Morrison, Perlmutter
NOES: None
ABSENT: Bennett;
TIBURON BOARD OF ADJUSTMENTS & REVIEW MINUTES #272 9/20/90 5
4. BANKE/3ACNSON 265 ROUNDHILL ADDITION
Assistant Planner Esser presented the staff report .
Steven House, architect , presented renderings, presented
color/material samples , reviewed the changes made in response to
concerns expressed at the previous hearing , and responded to
questions from the Board . Mr . House stated they had met with the
Doanes and made every effort to work towards a solution. Stated
at this point they felt that to compromise any further would be
to compromise the wishes of the applicant .
Boardmember Perlmutter remarked that he felt the architect had
made a good effort to respond to concerns, however it was
apparent that he was not willing to make any further refinements .
Mr . House confirmed that they did indeed feel they had gone as
far as they were willing to go in regards responding to the
concerns of the neighbors, noting they had knocked off 500 sq .
feet , etc .
Mr . Doane, 275 Roundhill Road , noted he had spoken to another
concerned neighbor that afternoon, Mrs . Anolik , who was not able
to be present because it was a Jewish Holiday. Stated Mrs.
Anolik wanted the record to show that she would like to see the
item continued .
Mr . Doane stated the architect was presenting an improved design,
for which they were grateful , however , they still objected to the
proposal because it impacts their views and privacy. Stated that
from just about every room in their house they can see the storey
poles. Stated they felt that not all possible obtions had been
explored and there were still opportunities to reduce the impact
of the project on their property. Mr . Doane made a couple of
suggestions to illustrate his point - reduce the size of the
staircase, flip the addition to the other side, etc .
Mr . Doane stated he wanted to make it very clear that the tree
between the two properties not be damaged during construction -
adding they don ' t know for certain who ' s property the tree is on.
Mr . Doane stated he would prefer the darker color roof tile
(presented earlier ) . Mr . Doane stated he would want it made
clear that the 8anke ' s would be responsible for any excessive
clean-up costs on their property caused by construction.
Mr . Doane asked the Board to understand that he had recently
purchased his house because of the views, and now this. Asked
the Board to direct the applicant to do all that can be done to
reduce the impact on him - move it over , flip/flop it , reconsider
another approach/design.
TIBURON BOARD OF ADJUSTMENTS & REVIEW MINUTES #272 9/20/90 6
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Boardmember Morrison commented that although the addition will be
a "visible object , " he did not think of it as "view blockage" in
the traditional definition of blocking a S.F, water , or Angel
Island type view.
Mrs. Banke responded to the comment about reducing the size of
the entry/staircase by stating that in most of their house the
ceilings are only 8 ' and they were really needing the sense of
height and light the higher ceiling will provide.
Mr . House responded to comments, and provided a rendering of the
east elevation ( not included in the packet materials) , and
photographs to illustrate their position that the addition will
have a minimal impact on the Doanes.
Chairman Heckmann closed the public hearing .
Boardmember Morrison stated he felt there had been a strong
effort made on the part of the architect to reach a compromise.
Stated this was exemplary. Stated the only element that troubles
him is the chimney, everything else he would not have a problem
approving . Remarked that the Monterey pine tree that is between
the two properties will continue to grow approximately 5 feet a
year as well as spread out . Stated that given the traditional
definition of view impact , he did not think it impacts views .
Boardmember Perlmutter stated he felt the architect was very
talented , but in his opinion he did not think he had explored all
the options- making note the architect has made it clear he was
not willing to compromise any further . Noted the revised plans
present the Doanes with an unobstructed view of a chimney.
Stated he felt the mezzanine/staircase could be reduced .
Concluded that he felt there still was room for compromise and he
could not approve it as now proposed .
Chairman Heckmann stated he has made several visits to the site
since the application was first proposed , and he felt the changes
made in this revision were significant and certainly responsive
to the previous concerns. Stated that in his opinion the view of
a hillside is not as significant as a view of the City , Golden
Gate Bridge, Bay, etc . Stated that he was in support of the
application, that he thought it would be a nice addition,
however , he did have some problem with the chimney.
Boardmember Mahoney commented that she was familiar with the
areas of concern, that in fact Mr . Doane had contacted her when
the storey poles had gone up , and she had consulted with him ( no
fees involved ) , and she had talked with Mr . House as well .
Stated shelfeIt this proposal was a significant improvement , and
TIBURON BOARD OF ADJUSTMENTS & REVIEW MINUTES #272 9/20/90 7
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that the architect had made significant changes in an effort to
address the concerns of the Doanes.
Stated she did , however , have some problem with the chimney, that
it is a significant element and where it is located causes it to
stand out . Stated that although she appreciates high ceilings,
and how that enhances a sense of reception to a home she did not
believe the foyer had to be as large as presented . Stated she
was just not certain , however , that everything that could be done
has been done.
Boardmember Morrison stated he would prefer the darker colors for
the roof and body of the house, and would recommend that the
chimney have the smallest flue required by code. Stated he felt
the Monterey Pine will easily grow to 100 feet and will spread
significantly - thereby protecting the Doanes privacy. Stated he
felt he could support the application if the chimney was reduced
and with the darker colors.
It was noted the Board asked Mr . House several questions in
regards the placement of the chimney, and a discussion ensued .
MOTION by Boardmember Morrison, seconded by Chairman Heckmann to
approve the application as submitted, along with the findings and
conditions as provided in the 20 September 1990 staff report ,
along with the following conditions :
1 . That the chimney be moved as discussed ( attached to
house ) .
2. That the chimney flue be the smallest size possible
(and still meet building code )
3. That the colors for the roof and body of the house be
the darker of those presented , the darkest color for
the body .
2. That the Doanes have the opportunity to view the
revised chimney plans , and if there are any concerns
that the chimney return to the BAR.
5 . That the eave, on the southwest elevation, be as
moderate in size as practical .
Discussion: Boardmember Morrison stated that designwise he
really liked the cuppola, that it adds character and he would not
like to see it changed .
Boardmember Mahoney indicated she was somewhat reluctant to
support the motion because she was not convinced that every
option had been explored , concluded , however , she would cast her
TIBURON BOARD OF ADJUSTMENTS & REVIEW MINUTES #272 9/20/90 B
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vote in support of the application as revised .
AYES: Heckmann, Mahoney , Morrison
Noes: Perlmutter
ABSENT: Bennett
TIBURON BOARD OF ADJUSTMENTS 8& REVIEW MINUTES #272 9/20/90 9
5. HARDESTY 2051 CENTRO WEST LANDSCAPE
Assistant Planner Esser presented the staff report .
Tom Hardesty, applicant , responded to questions from the Board .
It was noted there were no public comments.
It was noted the boardmembers indicated support for the plan.
MOTION by Boardmember Mahoney, seconded by Boardmember Morrison
to approve the application as submitted .
AYES: Heckmann, Mahoney, Morrison, Perlmutter
NOES: None
ABSENT: Bennett
TIBURON BOARD OF ADJUSTMENTS & REVIEW MINUTES #272 9/20/90 10
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IV. NEW BUSINESS BEFORE THE BOARD:
6. NAGAR 563 VIRGINIA ADDITION
Assistant Planner Esser presented the staff report .
Mrs. Nagar , applicant , presented the application and responded to
questions from the Board .
It was noted there were no public comments .
Chairman Heckmann closed the public hearing .
Boardmember Morrison stated the only concern he had was the
potential for a second unit . Stated he would like to see a
statement of Zoning Compliance signed and recorded prior to
issuance of a building permit .
Boardmembers Mahoney and Perlmutter indicated they had no
objections '
MOTION by �hair�an Heckmann , zseconded hy Doardmember Morrison io
approve the application cas submit�d , along with the findings and
conditions as provided in the 20 September 1990 staff report ,
with the following condition:
l . That the owners of the property sign and record a
Statement of Zoning Compliance.
AYES: Heckmann, Mahoney, Morrison, Perlmutter
NOES: None
ABSENT: Bennett
TIBURON BOARD OF ADJUSTMENTS & REVIEW MINUTES #272 9/20/90 11
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7. ST. GERMAIN'S 80F MAIN STREET A5—BUILT SIGN
Assistant Planner Esser presented the staff report .
It was noted the applicant was not present .
It was noted there were no public comments .
It was noted the Board discussed the item briefly.
MOTION by Boardmember Perlmutter , seconded by Boardmember
Morrison to approve the application as submitted .
AYES: Heckmann, Mahoney, Morrison, Perlmutter
NOES: None
ABSENT: Bennett
TIBURON BOARD OF ADJUSTMENTS 8" REVIEW MINUTES #272 9/20/90 12
S. JUMELLA 'S 32 MAIN STREET AS-BUILT SIGN
Assistant Planner Esser presented the staff report .
It was noted the applicant was not present .
It was noted there were no public comments.
It was noted the Board discussed the application. It was noted
that the as-built sign does not conform with the sign code
requirements in size (oversized ) ; it was noted the sign was
installed at a height that does not conform with sign code
requirements ( too low) ; it was noted the graphics were not
attractive; it was noted the banners of colored flags on the
facade of the building were illegal .
Chairman Heckmann noted the BAR cannot approve an as-built sign
that does not meet sign code requirements. Stated if the
applicant wants to pursue this proposal they would need to file
for a variance. Staff was instructed to contact the applicants
and suggest that they re-submit with a proposal that conforms
with the sign code and has more attractive graphics.
MOTION by Chairman Heckmann, seconded by Boardmember Mahoney to
continue the item to the 18 October 1990 meeting of the BAR.
AYES: Heckmann, Mahoney, Morrison, Perlmutter
NOES: None
ABSENT: Bennett
TIBUROM BOARD OF ADJUSTMENTS 8" REVIEW MINUTES #272 9/20/90 13
V. APPROVAL OF MINUTES:
MOTION by Chairman Heckmann, seconded by Boardmember Mahoney to
approve Minutes #270, dated 16 August 1990.
AYES: Heckmann, Mahoney, Perlmutter
NOES: None
ABSTAIN: Morrison
ABSENT : Bennett
MOTION by Boardmember Perlmutter , seconded by 8oardmember
Morrison to approve Minutes #271 , dated 6 September 1990.
AYES: Heckmann, Mahoney, Morrison, Perlmutter
NOES: None
ABSENT: Bennett
VI . ADJOURNMENT:
The meeting was adjourned at 10: 30 p .m. The next meeting of the
Board of Adjustments and Review will be 4 October 1990, Town
Council Chambers, Del Mar School , Tiburon.
TIBURON BOARD OF ADJUSTMENTS & REVIEW MINUTES #272 9/20/90 14