HomeMy WebLinkAboutTC Res 2014-09-03RESOLUTION NO. 39-2014
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON GRANTING AN APPEAL OF THE DENIAL OF AN
ENCROACHMENT PERMIT FOR A PROJECT LOCATED AT
1897 MAR WEST STREET
WHEREAS, on May 1, 2014, Brian and JoAnne McCullough ( "Owners ") owners of 1897
Mar West Street in Tiburon, California applied to the Town for Encroachment Permit No. 14 -74
for a project that included construction of a concrete driveway, parking area, and retaining wall in
the public right of way ( "Project "). The Project's purpose was to create additional parking for the
property and provide vehicular access to an existing elevator located in the residence; and
WHEREAS, the Project application included only conceptual drawings, which Town
staff accepted for purposes of determining if the Project complied with the Town's adopted
policy governing encroachment permits, set forth in Town Council Resolution No. 16 -2010
("Encroachment Policy "); and
WHEREAS, on May 7, 2014, the Town's Interim Engineer denied the Project application
as inconsistent with the Encroachment Policy; and
WHEREAS, Brian McCullough and architect John Merten ( "Appellants ") filed a timely
appeal of the Interim Engineer's decision; and
WHEREAS, on August 20, 2014, the Town Council held a public meeting to consider the
appeal; and
WHEREAS, after hearing all testimony and reviewing the appeal, the Town Council
determined the Project would alleviate the parking shortage prevalent in Old Tiburon by taking
up to four cars off the street and would enhance public safety by improving the sight lines for
drivers on Mar West Street with respect to cars exiting the driveway at 1897 Mar West Street;
and
WHEREAS, the Town Council voted 3 -2 to direct staff to return with a draft resolution
for consideration at the next meeting that would grant the appeal on the bases set forth above and
allow the Appellants' application for an encroachment permit to proceed; and
WHEREAS, the Council further directed staff to return at a later meeting with a revised
Encroachment Policy that would allow encroachments to the extent necessary to improve the
public safety by ameliorating pre - existing traffic and circulation problems.
TIBURON TOWN COUNCIL RESOLUTION NO. 39 -2014 0910312014
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
does hereby grant the appeal as set forth herein and directs that the project shall be subject to the
following conditions of approval:
a. The Appellants shall submit more detailed plans for staff review that will allow staff
to fully evaluate the affect of the project on the hillside, sight distance, and adjacent
properties.
b. Project conditions of approval shall include, without limitation, the following:
i. The Appellants shall construct the improvements approved in concept by the
Council on August 23, 2011 in connection with encroachment permit No. 11 -72
(also known as the `Barley Stairs Project's as apart of this project.
ii. Before obtaining a building permit for the project, or otherwise beginning work in
the Town's right of way, the Appellants shall execute for recordation by the Town
a Memorandum of Encroachment permit as required by the Encroachment Policy
(the Town's required form Memorandum of Encroachment is attached as an
exhibit to this Resolution and incorporated herein by reference).
iii. Except as expressly set forth herein, this project and the Barley Stairs Project must
comply with all Town requirements normally applicable to similar projects.
These requirements include, without limitation, submission of detailed design
drawings necessary to complete the encroachment permit process, site plan and
architectural review, by the Design Review Board if required by the Municipal
Code and building permit.
PASSED AND ADOPTED at a regular meeting of the Town Council on September 3,
2014, by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
ATTEST:
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DIANE CRANE IA OPI, TOWN CLERK
Doyle, Fraser, Fredericks, O'Donnell, Tollini
None
None
z J. w, � -
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
TIBURON TOWN COUNCIL MOLUTIONNO.39 -2014 0910312014
TOWN OF TIBURON
MEMORANDUM OF ENCROACHMENT
PERMIT CONDITIONS
This MEMORANDUM OF ENCROACHMENT — PERMIT CONDITIONS, is made and
Executed at Tiburon, California, this day of 20_, by
RECITALS
1. Owners are the owners of that real property located at
Tiburon, California.
2. On Owners filed with the Town of Tiburon, a Municipal
Corporation ( "Town "), an application for encroachment permit for the construction of the
improvements described in Exhibit A which is attached hereto and incorporated herein by
reference.
3. Owners proposed to construct said improvements on the public right -of -way or
public land adjacent to and contiguous with (Address or APN)
4. On , Town granted a revocable encroachment permit
(No. ( "Permit") to Owners allowing the construction of said improvement
subject to conditions of approval ("Permit Conditions "). The Permit Conditions require,
among other things, that Owners maintain the improvements as safe, clean and
serviceable and that Owners remove said improvements at Owner's expense if the Town
requests such removal.
NOW, THEREFORE, OWNERS ACKNOWLEDGE THE
FOLLOWING:
1. The Town may revoke this permit without cause and all improvements are installed
at the Owner's risk. Upon receipt by Owners of a written notice from the Town of
Tiburon requesting Owners to remove said improvements, Owners will, exclusively at
their own cost and expense, within forty-five (45) days from receipt of said resolution,
remove or cause to be removed said improvements.
2. Upon the failure of Owners to comply with any of the Permit Conditions the Town
may declare said improvements to be a public nuisance and may take such action as may
be authorized by law to abate said nuisance. In addition, the Town may use any and all
other remedies authorized by the Town's Municipal Code or state law.
3. The Permit Conditions are covenants and servitudes running with the land and shall
be binding upon Owners and their successors, assignees, executors, administrators and
personal representatives.
4. This Memorandum includes Exhibit A which are attached hereto and incorporated
herein by reference.
OVJNER(S):
Signature:
Print Name:
Signature:
Print Name:
- Notarization required
- Document to be recorded at the County of Marin Recorder's Office