HomeMy WebLinkAboutTC Res 2021-03-17RESOLUTION NO. 06-2021
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
DENYING AN APPEAL BY CAROLYN SHADAN OF THE DESIGN REVIEW
BOARD'S APPROVAL OF A SITE PLAN AND ARCHITECTURAL REVIEW
APPLICATION FOR THE EXTERIOR ALTERATIONS AND ADDITIONS TO
AN EXISTING SINGLE-FAMILY DWELLING ON A R -1 -B -A ZONED
PROPERTY LOCATED AT 58 CLAIRE WAY
ASSESSOR PARCEL NO. 034-174-11
WHEREAS, on January 21, 2021. the Design Review Board held a duly
noticed public hearing to consider a Site Plan and Architectural Review application (File
No. DR2020-059) filed by Rachel and James Sergi ("Applicants') for exterior alterations
and additions to an existing single-family dwelling on a R - I -B-A zoned property located
at 58 Claire Way; and
The official record for this application is hereby incorporated and made part of
this Resolution. The record includes. without limitation, staff reports, minutes,
application materials, appeal materials, correspondence. and all comments and materials
received at any public hearings.
WHEREAS, at that hearing, the adjacent property owner at 279 Cecilia Way
opposed the application and raised concerns regarding view, light/glare, shade and
privacy impacts. The Design Review Board reviewed the plans and determined that the
additions will follow applicable design guidelines and the Guiding Principles expressed
in Tiburon Municipal Code section 16-52.020 (H). The Board found that the additions
are properly laid out on the site and are generously setback from the existing
improvements on the adjoining sites, which would mitigate the impacts on view, shade
and light/glare that could potentially cause by the project. With the consideration of
landscaped and structural screening between properties.. privacy is not noted as a concern.
WHEREAS, the Design Review Board voted unanimously 5-0 to
conditionally approve the project; and
WHEREAS, on February 1. 2021. owner of 279 Cecilia Way ("Appellant")
tiled a timely appeal of the Design Review Board's decision, objecting to the potential
light/glare, shade and privacy impacts caused by the proposed project; and
WHEREAS, on March 3. 2021, the Town Council held a duly -noticed public
hearing, on a de novo basis. on the appeal. during which testimony was heard and
considered regarding the application and the Design Review Board's review and decision
on the application. At the conclusion of the public hearing. the Town Council voted 3-1-
1 (One councilmember voted nay and one councilmember was absent) to direct staff to
prepare a resolution denying the appeal for the consideration of adoption at the next
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Town Council Resolution No. 06-2021 03!17/2021
meeting. The Council determined that the subject application would be consistent with
the guiding principles in review of Site Plan and Architectural Review application
contained within Section 16-52.020 (H) as the project is appropriately scaled on the site
and is designed reasonably to relate with improvements on the adjoining properties.
WHEREAS, on March 17, 2021, a resolution denying the appeal and
upholding the Design Review Board's approval return to the Town Council.
WHEREAS, the Town Council finds that the project is exempt from the
requirements of the California Environmental Quality Act per Section 15301 of the
CEQA Guidelines; and
NOW, THEREFORE, BE IT RESOLVED that the foregoing Recitals are true and
correct and are incorporated herein and form a part of this Resolution.
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon
hereby denies the appeal of Carolyn Shadan and approves the Site Plan and Architectural Review
application (DR2020-059) for exterior alterations and additions to an existing single-family
dwelling on a R -1 -B -A zoned property located at 58 Claire Way. The conditions of approval that
were previously imposed by the Design Review Board will remain in effect.
PASSED AND ADOPTED at a regular meeting of the Town Council on March 17,
2021 by the following vote:
AYES: COUNCILMEMBERS
NAYS: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ATTEST:
GLEA STEFANI, TOWN CLERK
Fredericks. Ryan. Thier, Welner
None
Kulik
HOL_LI TH1ER. MAYOR
TOWN OF TIBURON
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