HomeMy WebLinkAboutTC Res 1994-04-06 (5)
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RESOLUTION NO. ;mH
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON DENYING AN APPEAL AND AFFIRMING A DECISION
OF THE DESIGN REVIEW BOARD APPROVING SITE AND ARCHITECTURAL
PLANS FOR 10 GILMARTIN COURT (NOWELL. OWNER)
WHEREAS, the Town of Tiburon received an application for site and
architectural plans for a single family residence at 10 Gilmartin Court (Dan Nowell,
owner); and
WHEREAS, the Design Review Board ("DRB") held duly-noticed public
hearings to review the application on November 18, 1993, January 6, February 3 and
February 17, 1994. At the latter meeting, the DRB approved the project with
conditions; and
WHEREAS, the owners of 6 Gilmartin Court (Tom Meehan and Sue Hawkes)
appealed the decision of the DRB in a. timely manner; and
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WHEREAS, the Town Council held a duly-noticed public hearing on the
appeal on March 16, 1994. After considering all testimony, documentary evidence,
personal site visits and the entire record on appeal, the Council voted unanimously
to deny the appeal and affirm the DRB's approval with the conditions adopted by
the Board. StatT was directed to prepare a resolution for approval by the Council.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town
of Tiburon that:
1. The appeal of Tom Meehan and Sue Hawkes is denied.
2. The decision of the DRB approving the site and architectural plans for
the single family residence at 10 Gilmartin Court (plans dated 1/19/94) is affirmed
subject to the conditions contained in the DRB statT report for it meeting of
February 17, 1994 and subject to the retaining wall heights being reviewed by the
DRB's administrative panel.
3. The Council's decision is based on the following findings:
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a. While the Nowell house will partially block the view of downtown San
Francisco from the Meehan/Hawkes house, the treatment of the view is consistent
with Goal III, Principle 7 of the Town's HilIside Design Guidelines for several
reasons. First, the view blockage will only atTect the dining nook of the
Meehan/Hawkes house and not a major ceremonial room. Second, the view
blockage is only of the side of the Meehan/Hawkes view, not the center of their view.
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b. Even with the view blockage caused by the Nowell house, the
Meehan/Hawkes house will still have a view from the Transamerica Pyramid west \J
to Sausalito, which is the primary view of the house.
Co If the Noweli house were to . be moved uphill to protect the
MeehanjHawkes view, the views of at least four other houses on Gilmartin Court
and Gilmartin Drive would be impacted. The approved design is the most
acceptable compromise for all involved.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on April 6, 1994, by the following vote:
AYES: COUNCILMEMBERS: Nygren, Thompson, Thayer, Kuhn,
Friedman
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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ATTEST:
GthlAL~
THERESE M. SSY, TO CLERK
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