HomeMy WebLinkAboutTC Res 2002-10-16 (4)
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RESOLUTION NO. 58-2002
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TmURON
DENYING AN APPEAL BY FAN! AND GARY HANSEN
OF THE DENIAL OF SITE PLAN AND ARCHITECTURAL REVIEW,
A VARIANCE AND A FLOOR AREA EXCEPTION
FOR PROPERTY LOCATED AT 2120 MAR EAST STREET
WHEREAS, on December 20, 2001 and February 7, 2002, the Design Review Board held
public hearings to consider the approval of a Site Plan and Architectural Review application for
the construction of a two-family dwelling, with Variances for reduced front setback and excess
lot coverage, and a Floor Area Exception, on property located at 2120 Mar East Street, proposed
by the Fani and Gray Hansen ("Applicants"); and;
WHEREAS, after receiving public testimony, the Design Review Board determined that
the proposed duplex would result in significant view, mass and bulk, and privacy impacts on
neighboring properties, and a visual size and scale that would be inconsistent with the
predominant pattern established by existing structures in the surrounding neighborhood; and
WHEREAS, on February 21,2002, the Design Review Board voted (3-1-1) to adopt
""' Resolution No. 2002-02 denying this application; and
WHEREAS, on March 1,2002, the Applicants filed an appeal of the Board's decision;
and
WHEREAS, on May 1, 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
WHEREAS, after hearing all testimony and reviewing all documents in the record, the
Town Council agreed with the direction of the Design Review Board that the proposed design
would result in view impacts on at least one nearby home, was too massive, too tall, and had
unnecessary decks and glass facing the street, and the Council voted (5-0) to remand the
application back to the Design Review Board, with the applicant directed to address these
concerns; and
WHEREAS, on August 15,2002, the Design Review Board held public hearings to
review revised plans for the subject application which had been modified to no longer require a
Variance for excess lot coverage; and
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TIBURON TOWN COUNCIL
RESOLUTION NO. 58-2002
10116102
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WHEREAS, after receiving public testimony, the Design Review Board determined that
the revised plans for the proposed duplex would result in significant view impacts on the
neighboring property at 2105 Mar East Street that would be inconsistent with Goal 3, Principles
7 (A, C & E) of the Tiburon Hillside Design Guidelines; and
,
WHEREAS, on September 5,2002, the Design Review Board voted (2-1-2) to adopt
Resolution No. 2002-07 denying this application; and
WHEREAS, on September 12, 2002, the Applicants filed an appeal of the Board's
decision; and
WHEREAS, on October 2,2002, 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 agreed with the decision of the Design Review Board that the proposed design
would result in unacceptable view impacts on at least one nearby home inconsistent with the
goals and principles of the Tiburon Hillside Design Guidelines; and
WHEREAS, based on the above findings, the Council determined to deny the appeal by
the Owner and uphold the Design Review Board's denial of the project (a vote of 4-0).
""'
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
memorializes that the appeal ofFani and Gary Hansen was denied without prejudice on
October 2, 2002, as set forth in this resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council on Wednesday,
October 16, 2002, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Fredericks, Gram, Slavitz, Thompson
None
Berger
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TOM GRAM, MAYOR
TOWN OF TIBURON
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TIBURON TOWN COUNCIL
RESOLUTION NO. 58-2002
10/16/02
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