HomeMy WebLinkAboutTC Res 2000-12-20
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RESOLUTION NO. 3466
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
GRANTING THE APPEAL BY CHESTER JUDAH
OF THE APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW
AND IMPOSING ADDITIONAL CONDITIONS
FOR PROPERTY LOCATED AT 163 A VENIDA MlRAFLORES
WHEREAS, on September 21,2000, the Design Review Board held a public hearing to
consider the approval of an application for Site Plan and Architectural Review for construction of
a fence on property located at 163 Avenida Miraflores, proposed by Farnoosh and Firuze Hariri
("Owners"); and
WHEREAS, after receiving public testimony and considering the application, the Board
determined that an alternate fence location would result in fewer impacts on neighboring property
owners, and unanimously approved (4-0, Boardmember McLaughlin abstaining) to conditionally
approve the application as amended; and
WHEREAS, on October 2,2000, Chester Judah, ("Appellant"), owner of the nearby
property located at 166 Avenida Miraflores, filed a timely appeal of the Board's decision to
conditionally approve this application; and
_ WHEREAS, the appeal came before the Town Council of the Town ofTiburon on
November 1, 2000, at which time the Town Council continued the hearing to the December 6,
2000 meeting, to allow the Owners, the Appellant and neighboring property owners the
opportunity to reach a mutually satisfactory solution; and
WHEREAS, on December 6, 2000, the Town Council held a duly-noticed public hearing
on the appeal; and
WHEREAS, on December 6, 2000, after hearing all testimony and reviewing all
documents on the record, the Town Council found that a revised fencing plan jointly submitted to
the Town of Tiburon on December 6,2000 by the Owners and the Appellant would further
reduce the potential visual impacts of the fence when viewed from neighboring properties; and
WHEREAS, based on the above findings, the Council determined to grant the appeal by
the Appellant, based on the revised plans submitted to the Town (a vote of 4-0).
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon memorializes that the appeal of Chester Judah was granted, subject to the following
conditions:
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Tlburon Town Council
Resolution No. 3466
December 20, 2000
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1.
The development of this project shall conform with the application dated by the
Town ofTiburon on August 9, 2000, or as amended by these conditions of
approval. Any modifications to the plans of December 6, 2000, must be reviewed
and approved by the Design Review Board.
2. This approval shall be used within three (3) years of the approval date, and shall
become null and void unless a building permit has been issued.
3. Plans submitted to the Building Department for plan check shall be identical to
those approved by the Design Review Board. If any changes are made to the
approved Design Review plans, the permit holder is responsible for clearly
identifying all such changes when submitted to the Building Department for plan
check. Such changes must be clearly highlighted (with a "bubble" or "cloud") on
the submitted plans. A list describing in detail all such changes shall be submitted
and attached to the building plans, with a signature block to be signed by the
Design Review Staff member indicating that these changes have been reviewed and
are approved, or require additional Design Review. All changes that have not been
explicitly approved by Staff as part of the Building Plan Check process are not
approved. Construction that does not have Design Review approval is not valid
and shall be subject to stop work orders and may require removal.
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4.
The applicant must meet all requirements of other agencies prior to the issuance of
a building permit for this project.
PASSED AND ADOPTED at a regular meeting of the Town Council on December 20,
2000, by the following vote:
AYES:
COUNCILMEMBERS:
Thompson, Matthews, Bach, Gram,
Hennessy
None
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TOWN OF TIBURON
NOES:
COUNCILMEMBERS:
A7S:
DIANE CRANE lAC
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Tiburon Town Council
Resolution No. 3466
December 20, 2000
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