HomeMy WebLinkAboutTC Res 2019-03-20 (2) RESOLUTION NO. 07-2019
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
GRANTING AN APPEAL BY CAVI 1985, LLC TO OVERTURN THE DESIGN
REVIEW BOARD'S APPROVAL OF A SITE PLAN AND ARCHITECTURAL
REVIEW APPLICATION TO EXPAND AN EXISTING DECK FOR EXISTING
SINGLE-FAMILY DWELLING AT 490 RIDGE ROAD
(ASSESSOR PARCEL NO. 059-082-06)
WHEREAS, on October 18, 2018. the Design Review Board held a duly noticed
public hearing to consider a Site Plan and Architectural Review application (File Nos. DR2018-
070 and VAR2018-022) filed by Stephen Schwartz (`Applicant') for the construction to expand
an existing deck for an existing single-family dwelling, with a Variance for excess lot coverage,
on property located at 490 Ridge Road; and
The official record for this application is hereby incorporated and made part of this
Resolution. The record includes, without limitation, staff reports, minutes, application materials,
appeal materials, correspondence, and all comments and materials received at any public
hearings.
WHEREAS, at that hearing, the adjacent property owner at 480 Ridge Road opposed
the application and raised concerns regarding privacy impacts. The Design Review Board shared
the same concerns and encouraged the applicant to pull back the deck expansion from the south
side property line. The Design Review Board continued the application; and
WHEREAS, on December 6, 2018, the Design Review Board reviewed revised plans
for the project. The deck expansion was reduced to 203 square feet and pulled back 30 feet from
the side property line. The Design Review Board reviewed the revised plans and determined that
the expansion would be modest and pilling back of the deck was adequate to address the
potential privacy concerns frons the home of 480 Ridge Road.
WHEREAS. the Design Review Board approved the requested variance, and voted 2-
1 to approve the application; and
WHEREAS, on December 17. 2018, owners of Cavi 1985, LLC ("Appellants") filed
a timely appeal of the Design Review Board's decision, objecting to the potential privacy
impacts caused by the proposed deck expansion and asserting that the findings for variance for
excess lot coverage could not be made; and
WHEREAS, on March 6, 2019.. the Town Council held a duly-noticed public hearing,
on a de novo basis, on the appeal. during which testimony was heard and considered regarding
the application and the Design Review Boards review and decision on the application. At the
conclusion of the public hearing, the Town Council voted 4-1 to direct staff to prepare a
resolution granting the appeal for the consideration of adoption at the next meeting. The Council
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7oivn Comicil Resolulion No. 07-2019 03/20/2019
determined that the subject application would be inconsistent with the guiding principles in
review of Site Plan and Architectural Review application contained within Section 16-52.020
(H) of the Tiburon Zoning Ordinance as follows:
I. Site Layout in relation to adjoining sites- the deck expansion would create a
privacy impact on the adjacent neighbor.
2. Neighborhood Character- the deck expansion would not minimize the intrusion on
the neighbor.
3. Conformance with Zoning Reequipinents- the Council was not able to support the
findings for the Variance request for excess lot coverage.
NOW, THEREFORE, BE IT RESOLVED that the foregoing Recitals are true and
correct and are incorporated herein and form a part of this Resolution.
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon
hereby grants the appeal of the Appellants and denies the Site Plan and Architectural Review
application (DR2018-070 and VAR2018-022) for a deck expansion for an existing single-family
dwelling, with a Variance for excess lot coverage, on property located at 490 Ridge Road.
PASSED AND ADOPTED at a regular meeting of the Town Council on March 20,
2019 by the following vote:
AYES: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier, Weiner
NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
e6
DAVID K LIK, MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFA` I. TOWN CLERK
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Town Council Resolution No. 07-2019 03/20/2019