HomeMy WebLinkAboutTC Res 2002-06-19 (6)
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RESOLUTION NO. 35-2002
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION
FOR PROPERTY LOCATED AT 223 DMSO STREET
WHEREAS, in 2000, the Design Review Board reviewed a Site Plan and Architectural
Review application for the as-built construction of a fence on property located at 223 Diviso
Street, proposed by Malcolm Misuraca and Victoria Brieant ("Applicants"); and
WHEREAS, the Design Review Board held a public hearing on June 1,2000 to review
the application, and, after hearing all testimony, the Board voted unanimously (4-0 with one
member abstaining) to deny the application. The Design Review Board further adopted
Resolution No. 2000-02 formalizing the denial of the application on June 15,2000; and
WHEREAS, the Town Council held a public hearing on the appeal of the Design Review
Board decision by the Applicants on September 20, 2000, determined that the fence resulted in
public view blockage, and agreed with the Board's decision to deny the application; and
~ WHEREAS, at that Council meeting, the Applicants raised questions regarding the
ownership of the property upon which the fence was located. The Council determined that
although the ownership of this right-of-way was in question, it was clear that the applicants
currently did not have title to this land. The applicant indicated an intention to file a quiet title
action to claim this property, but the Town indicated that it might contest any such request; and
WHEREAS, on October 4,2000, the Town Council adopted Resolution No. 3449
denying the appeal, and gave the applicant 90 days to either (i) establish the necessary title and
obtain design approval of a fence with reduced view blockage; or (ii) remove the fence; and
WHEREAS, the Town and the Applicants subsequently agreed to mediate a dispute over
the title to the land, and on May 24, 2001, reached an agreement that protected their essential
interests; and
WHEREAS, the agreement between the Town and the Applicants included a requirement
to lower the height of the obtrusive portions of the subject fence by one foot, thereby
significantly reducing the impact of the fence on public views, with a subsequent Site Plan and
Architectural Review application for the modified fence to be reviewed by the Town Council;
and
WHEREAS, the Town Council reviewed the required Site Plan and Architectural Review
application at a regularly scheduled meeting on June 19, 2002; and
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Town Council Resolution No. 35-2002
Adopted June 19. 2002
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WHEREAS, after reviewing all documents in the record, the Town Council found that
the modified fence would open up the public views of the Bay, at a level visible for most
pedestrians and from most car windows, and would therefore consistent with the prior direction
of the Town Council.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
approves the subject Site Plan and Architectural Review application for a modified fence on
property located at 223 Diviso Street, as set forth in this resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council on June 19, 2002,
by the following vote:
AYES:
COUNCILMEMBERS:
Berger, Fredericks, Gram, Thompson
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Slavitz
TOM GRAM, MAYOR
TOWN OF TmURON
:~~CLERK
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Town Council Resolution No. 35-2002
Adopted June 19. 2002
Page 20f2