HomeMy WebLinkAboutTC Res 2002-12-04 (2)
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RESOLUTION NO. 69-2002
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TffiURON
P ARTIALL Y GRANTING AN APPEAL BY ROBIN MOORE
OF THE APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW
AND A V ARlANCE
FOR PROPERTY LOCATED AT 2355 PARADISE DRIVE
WHEREAS, on September 19, 2002, the Design Review Board held a public hearing to
consider the approval of a Site Plan and Architectural Review application for the construction of
a detached two-family dwelling, with a Variance for reduced side yard setback, on property
located at 2355 Paradise Drive, proposed by Eugene Aureguy ("Applicant"); and;
WHEREAS, at that hearing, concerns were raised by nearby property owners, including
issues of privacy for nearby homes; adequacy of screening landscaping; potential view impacts;
the mass and bulk of the proposed buildings; use of Vista Del Mar Lane for vehicular access; the
proposal to construct two detached dwellings on the site instead of one structure; and a property
line dispute with a neighboring property owner; and
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WHEREAS, after receiving public testimony, the Design Review Board determined that
that there was a need to revisit neighboring properties to more thoroughly evaluate the proposed
project, and requested the applicant to provide a more detailed landscaping plan, trim trees on the
site to allow better views of the story poles, and to submit revised plans to match changes that
were verbally presented by the architect at the meeting, and the request was continued to the
October 17, 2002 meeting; and
WHEREAS, on October 17, 2002, the Design Review Board held the continued public
hearing, reviewed revised plans for the project, and heard additional public testimony regarding
the subject application, including issues of privacy, potential view impacts, inappropriate mass
and bulk, and the use of Vista Del Mar Lane for vehicular access; and
WHEREAS, after receiving pJlblic testimony, the Design Review Board determined that
the proposed design did not result in significant view or privacy impacts on neighboring homes,
that the mass and bulk of the proposed structures were acceptable, and that the access for the
upper Unit B from Vista Del Mar Lane was appropriate; and
WHEREAS, on October 17, 2002, the Design Review Board voted (3-1-1) to
conditionally approve this application; and
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TIBURON TOWN COUNCIL
RESOLUTION NO. 69-2002
12/4/02
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WHEREAS, on October 28, 2002, the owner of the adjacent property at 2360 Vista Del
Mar Lane, Robin Moore ("Appellant"), filed an appeal of the Board's decision to approve the
application for Site Plan and Architectural Review and a Variance for 2355 Paradise Drive; and
WHEREAS, on November 20, 2002, the Town Council of the Town of Tiburon held a
duly-noticed public hearing on the appeal; during which public testimony was heard regarding
the subject construction and the Design Review Board's review of the application; and
WHEREAS, after hearing all testimony and reviewing all documents in the record, the
Town Council determined that although the two-structure design of the two-family dwelling was
appropriate given the physical considerations of the site, the specific design of the proposed
structures would result in excessive mass and bulk, potential impacts on the sunlight to adjacent
properties, and would create privacy and light pollution impacts on neighboring homes.
WHEREAS, based on the above findings, the Council determined to partially grant the
appeal by the Appellants (a vote of 5-0), and add the following conditions of approval to the
Design Review Board's approval of the project in order to reduce the above-described impacts to
acceptable levels and achieve consistency with the guiding principles of Site Plan and
Architectural Review:
15.
Revised plans shall be submitted for review and approval by Plarming Division
Staff prior to issuance of a building permit for this project. These revised plans
shall include the following modifications:
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a. The building height of Unit B shall be reduced by at least three feet (3 ').
b. The building height of Unit A shall be reduced by an amount deemed to be
appropriate by Planning Division Staff.
c. The windows of Unit B facing both side yards shall be redesigned to
reduce privacy impacts and light pollution on adjacent properties.
16. The applicant's offer to file a deed restriction prohibiting the condominiumization
of this property is accepted by the Town. Such deed restriction shall be reviewed
and approved by the Town Attorney, and recorded against the subject property
prior to issuance of a building permit for this project.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
memorializes that the appeal of Robin Moore was p;ntially granted on November 20,2002, as set
forth in this resolution:
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III
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TIBURON TOWN COUNCIL
RESOLUTION NO. 69-2002
12/4102
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PASSED AND ADOPTED at a regular meeting of the Town Council on December 4,
2002, by the following vote:
AYES:
COUNCILMEMBERS:
Berger, Gram, Slavitz
Fredericks, Thompson
None
TIBURON TOWN COUNCIL
RESOLUTION NO. 69-2002
12/4/02
3
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ATTEST'
~~CLERK