HomeMy WebLinkAboutTC Res 2002-06-05
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RESOLUTION NO. 31-2002
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
DENYING AN APPEAL BY TAMARA BLOGG OF THE DENIAL OF SITE PLAN AND
ARCHITECTURAL REVIEW AND VARIANCES
FOR PROPERTY LOCATED AT 1870 VISTAZO EAST STREET
WHEREAS, on December 20,2001, the Design Review Board held a public hearing to
consider the approval of a Site Plan and Architectural Review application for the as-built
construction of a storage shed and spa, with variances for reduced front and side yard setbacks,
on property located at 1870 Vistazo West Street, proposed by Tamara Blogg ("Owner"); and;
WHEREAS, after receiving public testimony, the Design Review Board determined that
the necessary findings to approve the requested variance could not be made, as the physical
constraints of this site do not create special circumstances that would deprive the applicant of the
privileges of developing spas or additional floor area enjoyed by other properties in the vicinity,
and neither the placement of these improvements elsewhere on the site, nor the need to remove
structures built without first obtaining the necessary permits, constitutes a practical difficulty or
an unnecessary hardship on the applicant; and
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WHEREAS, on January 3, 2002 the Design Review Board unanimously adopted
Resolution No. 2002-01 denying this application; and
WHEREAS, on January 14,2002, the Owner filed an appeal of the Board's decision to
deny the application for Site Plan and Architectural Review and Variances for 1870 Vistazo
West Street; and
WHEREAS, on May 15, 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 Design Review Board that the findings necessary to approve the
requested variances could not be made, determined that the subject shed and spa would not have
been allowed at this location if the Owner had requested approval before construction, and found
that there would be no hardship involved in requiring the Owner to remove these unpermitted
improvements.
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TtBURON TOWN COUNCIL
RESOLUTION NO. 31-2002
6/5/02
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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 of Tamara Blogg was denied on May 15,2002, as set forth in this
resolution,
PASSED AND ADOPTED at a regular meeting of the Town Council on June 5, 2002, by
the following vote:
AYES:
COUNCILMEMBERS:
Berger, Fredericks, Gram, Slavitz,
Thompson
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
TlBURON TOWN COUNCIL
RESOLUTION NO.3 t -2002
6/5/02
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