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HomeMy WebLinkAboutTC Min 1996-06-05 - '. ~ ,-.. ilL [' TOWN COUNCIL MINUTES CALL TO ORDER Mayor Wolf called the regular meeting of the Town Council of the Town ofTiburon to order at 7:30 P.M., Wednesday, June 5, 1996, in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNClLMEMBERS: ABSENT: COUNClLMEMBERS: Hennessy, Thompson, Thayer, Wolf Ginalski EX OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Assistant Planner Borba, Finance Director Stranzl, Chief of Police Herley, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If anv) Mayor Wolf announced that Council heard a report but no action had been taken. C. PUBLIC OUESTIONS AND COMMENTS None. D. APPOINTMENTS TO BOARDS. COMMITTEE S & COMMISSIONS Mayor Wolf announced that Michael Heckmann was resigning from the Planning Commission because he and his wife had moved to San Rafael. MOTION: To appoint Mohamad Sadrieh to the Planning Commission; to appoint Carla Howard to the Design Review Board [to fill vacancy created by Sadrieh's appointment] Thayer, Seconded by Hennessy Unanimous Ginalski Moved: Vote: Absent: E. COUNCIL. COMMISSION & COMMITTEE REPORTS 1. Jerry Riessen, Co-Chair of the Last Chance Open Space Committee, said the committee had met for the first time in a long time to discuss the latest developments in the purchase of the Harroman Property. He said the committee would like to get detailed information from the Town Attorney and needed to know specifically when the closing date for the purchase of the property might be. Secondly, Riessen said the committee was entering an "information gathering phase" and would survey the public to determine the level of commitment for an additional bond issue. He said the TOWN COUNCIL MINUTES #1089 JWle 5.1996 - . ~ ,-.. , ~- r committee's expectation was positive and that a possible February election was being considered. Councilmember Thayer asked if that would be a special election and Mayor Wolf asked who would pay for it. Riessen said that the committee was looking into those questions. Riessen asked for Council's approval to get an updated appraisal from Art Gimmey of the property in order to explore options for selling the property in the event the ballot measure failed. Councilmember Hennessy asked about the possibility of putting the measure on the ballot in November. Riessen said the deadline for the November election was July which was too soon. Councilmember Thayer said he endorsed the idea of an appraisal and asked for it to be re- agendized. Mayor Wolf asked what the property had previously been appraised for. Riessen said $3.2 Million and that it was probably worth more now. Town Manager Kleinert said he would set up meetings with Collette and Gimmey. F. CONSENT CALENDAR 3. Town Council Minutes #1087 (May 15, 1996). 4. MontWy Investment Summary - April 30, 1996. 5. Annual Adoption of Override Tax: for 1972 Open Space Bonds. 6. Annual Adoption of Special Tax: Levy - Point Tiburon Community Facilities District. 7. Annual Adoption ofGann Act Limit (FY95-96). 8. Creation of "No Parking" Zone between Reed Ranch Road and Stewart Drive. 9. Support of Hamilton Army Airfield Re-Use Plan. MOTION: Moved: Vote: To Adopt Consent Calendar Hennessy, Seconded by Thayer AYES: Unanimous ABSENT: Ginalski In a continuation of Committee Reports, Mayor Wolf said she and (Belvedere Mayor] Steger Johnson had met to discuss the selection of candidates for the Downtown Revitalization Task Force. She said that if Council agreed, the final candidates would be selected by the Mayors and Vice Mayors of both cities, and the appointees would represent a variety of perspectives and skills. The total number of appointees would be limited to seven (7). Mayor Wolf read the mission statement of the Task Force: "GOAL: To create a viable downtown community which serves residents' needs by: 1) Assessing community needs, desirable uses, merchant and resident perceptions. 2) Identitying problems and possible solutions." TOWN COUNCIL MINUTES #1089 JWle 5. 1996 2 ,.-.. I ,-.. . L r G. PUBLIC HEARING 10. Appeal of Design Review Board Decision - 2305 Centro West - Buckerfields, Owners; Marans, Brown, Drew Gehrmann, Talbot & Wintersteen, Appellants. Assistant Planner Borba said the appellants were claiming the variance in rear yard setback and floor area ratio (FAR) exception were improperly granted by the Design Review Board, and that the neighbors were not adequately notified about the proposed project. Ms. Borba said that neighbors within 300 feet of the project were notified, and that plans were sent to the Old TiburonILyford's Cove Architectural Committee but staff received no response. Planner Borba said the original calculations of the proposed project were misleading since the garage had been added into the FAR incorrectly. The applicants proposed to construct an additional 877 Sq. Ft. of living space to an existing duplex. The project required a variance for encroachment into the rear yard setback (12' in lieu of15' setback), and an FAR exception (3,823 Sq. Ft. in lieu of2,899 Sq. Ft.). Councilmember Hennessy asked if the change in calculations affected the lot coverage. Borba said no and that it was still within the zoning limits. Councilmember Thayer asked if any precedent was being set by granting the exceptions. Borba replied negatively, noting that each project was evaluated on the merits and with regard to special circumstances. Mayor Wolf opened the public hearing. Nat Marans, 2312 Spanish Trail, said he would speak on behalf of the appellants. Mayor Wolf clarified that there was a 20-minute time limit for each side to speak. Mr. Marans contested the calculations made by the Planning Department and said the total FAR would be in excess of 4500 Sq. Ft. He said that Old Tiburon was trying to keep the style of the older homes and to prevent overbuilding in the neighborhood, and said the variance granted by the DRB was "going too far." Dick Buckerfield, Applicant, said that he and his wife agreed that there should be guidelines, but stated that almost all the proposed excavation would be done underground and would not be evident after the work was done. He said their home would occupy less than 35% of the lot after completion of the project. Mr. Buckerfield also said that he had spoken with his neighbors and had invited them to see the property. He subsequently got letters from 38 neighbors who supported the project. Brenda Buckerfield, Applicant, said that Pat Montag told her she had not authorized her letter [in opposition to the project] and that it had been written at Nat Maran's request. Miles Berger, Chair of the Design Review Board, said that body routinely limits construction in TOWN COUNCIL MINUTES # 1089 JWle5.19% 3 ,.-.. ~ "......, l r order to establish neighborhood consistency. He said Mr. Marans had misrepresented himself by reading an excerpt from the "side yard" section rather than FAR exceptions in the zoning ordinance. Berger said that actual wording of the requirements were, "1) visual size and scale is compatible ..., 2) compatible with physical characteristics of the site." Berger noted that the Design Review Board had the discretion to grant or not grant approval based on these requirements, and that Town Staff gives direction and the DRB gives additional direction. Berger stated there had been no "reasonable" objection from the neighbors and that a property owner should have the freedom to design within guidelines. He further stated that the Buckerfield project was underground on three sides and was an example of the "best way" to add bulk and mass to a residence. He added that he wished more projects were as easy to review. Berger concluded by saying the Design Review Board would apply the same high standards to future applications and protect the rights of the property owners. Nat Marans rebutted Mrs. Buckerfield's remark about the Montag letter, and said "if you don't want the General Plan [to be followed], then tear it up." J.J. Wintersteen, 2315 Paradise Drive, said the area was getting more dense and that he only found out later [after the notice went out] what that actual numbers of the project were. Bert Talbot, 2345 Paradise Drive, resident for 27 years, said he was concerned about the allowance of future development and that Staff should be criticized for "encouraging this." Mayor Wolf closed the public hearing. Councilmember Thayer said "the price of freedom was eternal vigilance" and commended Nat for promoting FAR's before the Town adopted them. He said the Town's efforts to implement FAR's brought an initial storm of protest from the Building Industry, but after a comprehensive study by Scott [Anderson], it was noted that Tiburon was the only community in the Bay Area which did not have them. Thayer said he was on the Planning Commission at the time and there had been a lengthy public debate before adoption of the guidelines. He said it was agreed that FAR's would be guidelines, not strict unbending rules, and that exceptions must be provided for. Councilmember Thayer said he had looked at the project and felt it was a good example of an exception. He said the Design Review Board had reached the right result. Councilmember Hennessy said she had initial concerns but, after visiting the property, she said she agreed with Thayer and would vote to deny the appeal. Councilmember Thompson said he approved of and supported the need for FAR's and that Staff had a long list of projects which had been denied on that basis. He said he had visited the project and talked to neighbors and felt that project kept bulk and mass in check. Mayor Wolf said she concurred with Miles Berger and the Council and that variances should be TOWN COUNCIL MINUTES # 1089 JWle 5, 19% 4 /""' ; ~ r--- L l examined on a case by case basis. She said the Buckerfields had been sensitive to their neighbors and were willing to incur additional costs in order to have a project that would be compatible with the neighborhood. MOTION: To Deny the Appeal of Design Review Board Decision to Approve an Addition and Variance for Rear Yard Setback and FAR Exception at 2305 Centro East. Thompson, Seconded by Hennessy Unanimous Ginalski Moved: Vote: Absent: Town Attorney to prepare resolution. H. COMMUNICATIONS 11. Blackie's PasturelTiburon Boulevard Undergrounding of Utilities Project. Town Manager Kleinert gave Council an update on the progress of the project. He noted that work would commence in June and continue through the summer, and that 13 poles would come down in October. Councilmember Thayer asked ifit was a true undergrounding project or just a realignment. Kleinert said it was an undergrounding project. Councilmember Thompson inquired about whether the Reedlands would be next in line for undergrounding. Town Manager Kleinert said there was a good chance it would be next. 12. FY96-98 Budget Hearing Schedule. Council noted the hearings would take place at the June 19, July 3 and July 17 regular Council meetings. I. STAFF AND TOWN MANAGER REPORTS None. J. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Wolf adjourned the meeting at 9:02 p.m. sine die. /f.~.~ tv,~/ /NICKY WOL ,MAYOR ' ATIESTl2ZL / DIANE L. CRANE, TOWN CLERK TOWN COUNCIL MINUTES #1089 JWle 5,1996 5