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HomeMy WebLinkAboutTC Res 2002-12-04 (3) ~ RESOLUTION NO. 68-2002 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DENYING AN APPEAL BY WALLACE AND SUSAN QUINN OF THE APPROVAL OF SITE PLAN AND ARCIDTECTURALREVIEW AND A VARIANCE 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, 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 ~ r-- 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; and WHEREAS, after receiving public testimony, the Design Review Board determined that the two-structure design of the detached two-family dwelling was appropriate, due to physical factors of the subject property, including the sloping site terrain, the narrowness of the lot, and the access available from two different streets; and WHEREAS, on October 17, 2002, the Design Review Board voted (3-1-1) to conditionally approve this application; and WHEREAS, on October 25,2002, the owners of the property at 2343 Paradise Drive, Wallace and Susan Quinn ("Appellants"), 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 ofTiburon 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 r" r" TIBURON TOWN COUNCIL RESOLUTION NO. 68-2002 12/4102 1 - .-J'. WHEREAS, after hearing all testimony and reviewing all documents in the record, the Town Council determined that the Design Review Board appropriately interpreted Section 2.05.01 of the Tiburon Zoning Ordinance in the review of this application, as the sloping site terrain, th~ narrowness of the lot, and the access available from two different streets are physical considerations that justify the construction of a detached two-family dwelling, as such a design would result in reduced mass and bulk and visual impacts on neighboring residences. WHEREAS, based on the above findings, the Council voted 3-2 (Councilmembers Fredericks and Slavitz opposed) to deny the appeal by the Appellants and uphold the Design Review Board's approval of the project. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon memorializes that the appeal of Wallace and Susan Quinn was denied on November 20, 2002, as set forth in this resolution. PASSED AND ADOPTED at a regular meeting of the Town Council on December 4, 2002, by the following vote: AYES: COUNCILMEMBERS: Berger, Gram, Slavitz NOES: COUNCILMEMBERS: Fredericks, Thompson r" ABSENT: COUNCILMEMBERS: None ATTEST: r" TIBURON TOWN COUNCIL RESOLUTION NO. 68-2002 12/4102 2