HomeMy WebLinkAboutTC Res 2015-03-18 (4)RESOLUTION NO. 10-2015
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
DENYING AN APPEAL BY CATHY AND JOE HARABURDA OF THE
PLANNING COMMISSION'S DETERMINATION REGARDING A
SEASONAL RENTAL UNIT PERMIT LOCATED ON PROPERTY AT
110 SOLANO STREET
WHEREAS, on April 17, 2013, Courtney and Sandy Anderson (hereinafter
referred to as "Applicants") submitted an application (File #SRU13-01) to operate a
portion of an existing two-family dwelling as a seasonal rental unit on property located at
110 Solano Street; and
WHEREAS, on May 6, 2013, Planning Division staff conditionally approved
the subject application; and
WHEREAS, on May 16, 2013, the owners of the property at 120 Solano
Street (Joe and Cathy Haraburda, hereinafter referred to as "Appellants") filed a timely
appeal of this decision; and
WHEREAS, the Planning Commission held a duly -noticed public hearing on
the appeal on June 26, 2013, and heard and considered testimony from interested persons;
and
WHEREAS, the Planning Commission found, after hearing testimony and
based upon the application materials and analysis provided in the June 26, 2013 staff
report and on the entire record on appeal, that the project, as conditioned, would be
generally consistent with the applicable sections of the Tiburon Zoning Ordinance,
specifically 16-40.040 (Seasonal Rental Units) and 16-52.110 (Home Occupations), and
other applicable regulations, but determined that the use of the private driveway and
swimming pool shared by the Applicants and the Appellants could result in privacy and
noise impacts on the Appellants; and
WHEREAS, the Planning Commission adopted Resolution No. 2013-07
partially granting the appeal and imposing additional conditions of approval on the
seasonal rental unit permit, including limitations on the use of the shared driveway and
swimming pool by seasonal renters and a requirement for a review of the permit by the
Commission after one year; and
WHEREAS, on August 27, 2014, the Planning Commission conducted a
review of the seasonal rental unit permit and, after considering testimony from the
Applicants, the Appellants and neighboring property owners and considering all evidence
j in the record, the Commission determined that the Applicants were operating in
substantial compliance with the requirements of their seasonal rental unit permit; and
TBURON TOWN COUNCIL RESOLUTIONNO. 10-2015 MARCH 18,2015
WHEREAS, on September 8, 2014, the Appellants filed a timely appeal of the
Planning Commission's determination of substantial compliance; and
WHEREAS, on March 4, 2015, the Town Council held a duly -noticed public
hearing on the appeal; and
WHEREAS, after hearing all testimony and reviewing all documents in the
record, the Town Council determined that there was insufficient evidence to determine
that the Applicants were not in substantial compliance with the requirements of their
seasonal rental unit permit, and that the appellants had failed via a preponderance of the
evidence to demonstrate that the Planning Commission had erred in making its
determination of substantial compliance; and
WHEREAS, the Town Council voted 5-0 to direct Staff to prepare a
resolution denying the appeal; and
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon does hereby deny the appeal of Cathy and Joe Haraburda regarding the
seasonal rental unit located at 110 Solano Street.
PASSED AND ADOPTED at a regular meeting of the Town Council on
March 18, 2015, by the following vote:
AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini
NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
FRANK X. DOYLE, MAYORI
TOWN OF TIBURON
ATTEST:
jc1 DIANE CRANE IACOX TOWN CLERK
1
TIBURON TOWN COUNCIL RESOLUTION NO. 10-2015 MARCH l8, 2015