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RESOLUTION NO. 55-2002
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
PARTIALL Y GRANTING AN APPEAL BY ART AND FLORENCE KENNEY
OF THE APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW
FOR PROPERTY LOCATED AT 3 PALMER COURT
WHEREAS, on June 6, 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 new
single-family dwelling on property located at 3 Palmer Court, proposed by Thomas and Olivia
Kress ("Applicants"); and;
WHEREAS, after receiving public testimony, the Design Review Board determined that
modifications should be made to the design of the house to address potential view, privacy, noise
and traffic safety concerns; and
WHEREAS, on July 18, 2002, the Design Review Board held a public hearing to
consider revised plans for the single-family dwelling submitted by the Applicants, and
determined that the modified plans adequately addressed the previously raised concerns and were
/'" consistent with the Tiburon Hillside Design Guidelines and the Tiburon Zoning Ordinance; and
WHEREAS, on July 18,2002, the Design Review Board voted (4-0-1) to conditionally
approve this application; and
WHEREAS, on July 29, 2002, the owners of the property at 654 Tiburon Boulevard, Art
and Florence Kenney ("Appellants"), filed an appeal of the Board's decision to approve the
application for Site Plan and Architectural Review for 3 Palmer Court; and
WHEREAS, on September 4,2002, 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 generally concurred with the Design Review Board that the proposed project
would not create significant view impacts for nearby homes, but also determined that a
modification to the roof design of the second story portion of the proposed house would further
mitigate the potential impacts on views from the Appellants' house.
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TIBURON TOWN COUNCIL
RESOLUTION NO. 55-2002
9/18/02
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WHEREAS, based on the above fmdings, the Council determined to partially grant the
appeal by the Appellants (a vote of 4-0-1), and add the following condition of approval to the
Design Review Board's approval of the project:
14. The design of the roof of the second story portion of the house shall be
modified to incorporate a hipped roof configuration. The revised roof design
shall be reviewed and approved by Planning Division Staff 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 Art and Florence Kenney was partially granted on September 4,
2002, as set forth in this resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council on September 18,
2002, by the following vote:
AYES:
COUNCILMEMBERS:
Berger, Fredericks, Slavitz, Thompson
NOES:
COUNCILMEMBERS:
None
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ABSTAIN: COUNCILMEMBERS:
Gram
JEF
TO
ATTEST:
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DIANE CRANE IACOPI, TOWN CLERK
".-...
TIBURON TOWN COUNCIL
RESOLUTION NO. 55-2002
9/18102
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