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HomeMy WebLinkAboutTC Res 2001-10-03 -- RESOLUTION NO. 56-2001 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON APPROVING AN AMENDMENT TO THE CYPRESS HOLLOW PRECISE DEVELOPMENT PLAN (pD #45) TO ALLOW INCREASED FLOOR AREA FOR THE PROPERTY LOCATED AT 70 CYPRESS HOLLOW DRIVE ASSESSOR PARCEL NO. 34-392-08 WHEREAS, on August 22,2001 the Planning Commission held a public hearing to consider the approval of an amendment to the Cypress Hollow Precise Development Plan to increase the maximum floor area permitted for the property located at 70 Cypress Hollow Drive, proposed by James Brown ("Applicant"), the owner of the property developed with an existing single-family residence at this location; and WHEREAS, on August 22,2001, after receiving public testimony and considering the application, the Planning Commission adopted Resolution No. 2000-11 recommending to the Town Council that the Precise Plan Amendment be approved; and -- WHEREAS, on September 19, 2001, after hearing all testimony and reviewing all documents on the record, including the plans modified as recommended by the Planning Commission, the Town Council concurred with the findings made by the Planning Commission in part and decided to amend the Precise Plan to allow development up to the maximum that would be allowed under the Town's generally applicable floor area ratio guidelines, set forth in Section 4.02.08 of the Zoning Ordinance. The Council also found that the Precise Plan Amendment would not be consistent with the Town Zoning regulations and the Tiburon General Plan insofar as it contemplated development beyond that allowed under the Town's generally applicable floor area ratio guidelines. The Town Council further noted that the following special circumstances were considered in the partial approval of this request: 1. The additional floor area requested by this application would not significantly exceed the maximum floor area currently permitted by the Cypress Hollow Precise Development Plan, as the addition would exceed the current maximum floor area ratio by only 370 square feet. However, the addition as requested would exceed the floor area ratio otherwise established by the Tiburon Zoning Ordinance for other properties in Tiburon. -- TIBURON TOWN COUNCIL RESOLUTION NO. 56-2001 10/3/01 1 -- 2. The Zoning Ordinance's floor area ratio fixes the amount of development generally considered desireable for residential properties in the Town. To allow development in excess of the floor area ratio, absent unusual circumstances, would undermine the Zoning Ordinance's goal oflimiting over-development of residential properties. 3. Most of the proposed floor area would be located within the existing walls of the house, and the proposed construction would not result in a significant increase in mass and bulk to the existing residence which could impact nearby property owners. 4. The application would add a home office and expand the family room of the existing, and would therefore be less likely to encourage more residents than an normal house, or increase the intensity of use of the residence. 5. The proposed request has been evaluated by the potentially affected neighboring property owners, who have raised no objections to this application. 6. The subject property is differentiated from other homes in the Cypress Hollow Subdivision by its original design that includes a separate one-car garage and two- car garage, while other homes in this subdivision have been designed with three- car garages. -- NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve of the increase in the maximum floor area established by the Cypress Hollow Precise Development Plan for the property located at 70 Cypress Hollow Drive, subject to the following conditions: 1. Condition of Approval No.3 (C) of Marin County Board of Supervisors Resolution No. 88-252 shall be amended to state that "the FAR shall be a maximum of30%; except that greater area is permitted for Lot 33 (70 Monterey Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 10/1/99, prepared by Marshall Balfe (4 sheets); and except that greater area is permitted for Lot 16 (170 Rancho Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 1/4/2000, prepared by Mahoney Architects (4 sheets): and except that greater area is permitted for Lot 7 (70 Cypress Hollow Drive). as generallv deoicted on drawings dated 4/18/2001. prepared bv Geoffiev Butler Architect (6 sheets). approving the garage conversion and limiting the deck enclosure so that the total floor area of the house does not exceed the Town ofTiburon default floor area ratio for this property." -- TIBURON TOWN COUNCIL RESOLtmON NO. S6.200 I 10/3/01 2 r 2. This Precise Development Plan Amendment approval shall be valid for 36 months following its effective date, and shall expire unless subsequent zoning and/or building permits have been issued pursuant to this approval. A time extension may be granted if such request is filed prior to the expiration date. 3. This approval shall in no way alter other provisions of the Cypress Hollow Precise Development Plan not specifically described herein. PASSED AND ADOPTED at a regular meeting of the Town Council on October 3,2001, by the following vote: AYES: COUNCILMEMBERS: Bach, Gram, Matthews, Slavitz, Thompson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None -- C4.2:*OR TOWN OF TffiURON ~ H:wpdocs/reso: 70 Cypress Hollow Drive ....--. TIBURON TOWN COUNCIL RESOLlITION NO. 56-2001 10/3/01 3