HomeMy WebLinkAboutTC Res 2002-04-17 (3)
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RESOLUTION NO. 19-2002
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON GRANTING
AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY AN AMENDMENT
TO THE OWLSWOOD WEST PRECISE PLAN TO ADJUST THE BUILDING ENVELOPE
AND INCREASE THE ALLOWABLE FLOOR AREA FOR THE RESIDENCE LOCATED AT
3 OWLS WOOD ROAD.
ASSESSOR PARCEL NO. 58-121-26
WHEREAS, on February 27, 2002 the Planning Commission held a public hearing to
consider the request to amend the Owlswood West Precise Plan by adjusting the building
envelope and increasing the allowable floor area for the residence at 3 Owlswood Road; and
WHEREAS, on February 27, 2002, after receiving public testimony and considering the
application, the Planning Commission, by way of a 2-2 deadlocked vote, denied the request; and
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WHEREAS, on March 6, 2002, Al V onderwerth (" Appellant"), representing the owner of
the subject property, filed a timely appeal of the Planning Commission's decision to deny this
application; and
WHEREAS, on April 3, 2002, the Town Council held a duly-noticed public hearing on
the appeal; and
WHEREAS, on April 3, 2002, after hearing all testimony and reviewing all documents on
the record, the Town Council concurred with the applicant and the revised recommendations of
Town Staff that the requested amendment would not result in conditions that would be
inconsistent with the character of the surrounding residential neighborhood and would be
consistent with the intent of the Owlswood West Precise Plan, and voted unanimousfy (4'-(/) to
grant the appeal.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
does hereby grant the appeal and approve the amendment to the Owlswood West Precise Plan,
according to the following findings:
I. The retaining wall on the south side of the residence was relocated with the
permission of Town Staff and does not require a precise Plan Amendment.
2. The areas currently and formerly labeled as "wine storage" shall not be counted as
floor area based upon a 1992 determination by the Planning Director, While this
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TtBURON TOWN COUNCtL
RESOLUTtON NO. t 9.2002
41t7102
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is a judgment call, both Town Staff and the applicant appear to have proceeded in
good faith reliance on this determination,
3.
The additional 300 square feet of floor area created by the enclosure of the mid-
level patio shall receive design review approval, but does not require a Precise
Plan Amendment.
4.
The applicant shall obtain Site Plan and Architectural Review approval for all
portions of the subject residence for which Design Review approval has not been
previously granted in writing,
5.
The applicant shall obtain all necessary approvals from the Tiburon Building
Department for all portions of the subject residence for which Building
Department approval has not been previously granted in writing,
PASSED AND ADOPTED at a regular meeting of the Town Council on April 17, 2002,
by the following vote:
AYES:
COUNCILMEMBERS:
Berger, Fredericks, Gram, Slavitz, Thompson
NOES:
COUNCILMEMBERS:
None
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ABSENT:
COUNCILMEMBERS:
None
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TOM GRA ,MAYOR
TOWN OF TIBURON
ArrEST:
17
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TtBURON TOWN COUNCIL
RESOLUTION NO. 19-2002
4/t7/02
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