HomeMy WebLinkAboutTC Res 2000-04-20
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RESOLUTION NO. 3429
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A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON DENYING AN APPEAL
OF A DESIGN REVIEW BOARD DECISION ON A SITE PLAN AND
ARCHITECTURAL REVIEW APPLICATION FOR AS-BUILT FENCING AND
LIGHTING ASSOCIATED WITH A SPORTS COURT AND FOR NEW
PROPERTY LINE FENCING AT 20 TANFIELD ROAD
ASSESSOR PARCEL NO. 39-081-19
WHEREAS, on April 20, 2000 the Design Review Board of the Town of Tiburon
reviewed the Site Plan and Architectural Review application and voted unanimously to
deny the as-built fencing and lighting associated with a sports court and the proposed
property line fencing and
WHEREAS, on May 4, 2000 the Design Review Board of the Town of Tiburon
adopted Resolution No. 2000-2, which is incorporated herein by reference and attached
hereto as Exhibit" A", which Resolution memorialized the Design Review Board's denial
of April 20, 2000, and
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WHEREAS, pursuant to notice as required by law, on June 21, 2000 the Town
Council of the Town ofTiburon held a public hearing to consider an appeal of the
decision filed by the applicants/property owners and
WHEREAS, at said duly noticed public hearing, the Town Council received
public testimony, considered appellants' application, and other documents, including,
without limitation, the appeal, correspondence from counsel for appellants, and materials
prepared by Town Staff; and
WHEREAS, the Town Council of the Town ofTiburon, as more particularly set
forth below, determined that a basketball standard was allowable, but that the fencing and
lighting associated with appellants' proposed sports court, and the proposed property line
fencing would be inconsistent with relevant portions of the zoning ordinance of the Town
ofTiburon; and
WHEREAS, the Town Council voted 4-1 to deny the appeal but to allow the as-
build basketball standard,
THEREFORE BE IT HEREBY RESOLVED AS FOLLOWS:
Section 1 Findings:
1.
The sports court pad does not require design review and the basketball
standard associated with the sports court, which is subject to review, is
approved.
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2.
The as-built lighting and fencing associated with the sports court creates a
public nuisance due to the difficulty in regulating the hours of use of the
sports court, noise, excess lighting and privacy issues. The requirements
of the zoning ordinance of the Town of Tiburon as more particularly set
forth at ~4.02.01 do not allow the granting of the appeal/application for the
reasons that the proposed lighting, sports court fencing and perimeter
fencing are not properly related to the residential use and character of the
neighborhood, and are unsightly and detract from the aesthetic character
of the neighborhood.
3. The Town does not intend to prevent the appellants/applicants from using
the sport court, but the presence of the considerable amount of outdoor
lighting associated with the sports court would exacerbate the potential for
creation, or continuance of, a public nuisance as it would encourage use of
the court in early and late hours of the day.
4. The appellants/applicants have several other sports facilities installed on
the subject property, including a second, portable basketball standard in
the driveway and would not be denied a reasonable use of their property if
the lighting and fencing associated without the sports court were denied.
5.
The proposed property line fencing, regardless of possible modifications
to the design, would not be appropriately related to the rural character of
the neighborhood. The perimeter fencing would visually impair the open
areas in the neighborhood, which currently create a park-like setting. In
addition, existing mature vegetation would be damaged in the construction
process for the proposed fencing. Zoning Ordinance section 4.02.01
requires that Design Review of an application" shall be directed to prevent
developments which detract from the aesthetic character of the
neighborhood... and would cause the unnecessary destruction of mature
trees and/or mature shrubbery. ") and section 4.02.07(b) which requires
that Design Review consider "the location of proposed improvements on
the site in relation to the location of improvements on adjoining sites, with
particular attention to be paid to view considerations, privacy... or other
constraints on development imposed by particular site conditions. "
6. The proposed lighting has the potential for invading the privacy of other
properties, or producing glare or light pollution, in violation ofTiburon
Zoning Code ~4.02.07(h).
7.
The perimeter fencing is not required for safety nor is it necessary for
landscape protection or privacy. The subject property already has
substantial fencing to protect existing landscaping and to provide both
privacy and safety. Installation of two layers of fencing for the purpose of
safety would create a fortress-like environment in this rural setting. In
addition, no public trails exist in the area. Therefore, access to the private
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residence would have to cross other private properties or enter from the
entrance of the residence which is already fenced and gated.
Section 2. Denial
NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby deny appeal of the Design Review Board decision to deny the
proposed Site Plan and Architectural Review application for the reasons set forth above.
PASSED AND ADOPTD at a regular meeting of the Town Council of the Town
ofTiburon on July 19, 2000, by the following vote:
AYES:
COUNCILMEMBERS:
Bach, Gram, Hermessy, Matthews,
Thompson
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
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DIANE CRANE IACOPI, TOWN CLERK
wpdocs:/reso/20 Tanfie/d Road
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