HomeMy WebLinkAboutTC Res 1992-09-02 (2)
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RESOLUTION NO. 2879
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
DENYING AN APPEAL AND AFFIRMING THE
DECISION OF THE DESIGN REVIEW BOARD
TO DENY SITE PLAN AND ARCHITECTURAL
REVIEW FOR 16 VENADO DRIVE (WEISHEIT)
WHEREAS, on November 14, 1991, and February 13, June 11 and July 9,
1992, the Design Review Board ("DRB") held duly noticed public hearings to
consider an application by Lawrence and Elizabeth Weisheit for a new residence at
16 Venado Drive along with three associated variances; and
WHEREAS, after fully considering the application, all revisions proposed by
the applicants and all other oral, written and documentary evidence submitted, the
DRB denied the application without prejudice; and
WHEREAS, the DRB's decision was appealed by the Weisheits in a timely
manner; and
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WHEREAS, the Town Council held a public hearing on August 19, 1992, at
which public testimony and evidence were presented. After considering all testimony
and evidence presented as well as the record from the DRB, the Council voted 4-1
to deny the appeal (Kuhn, Friedman, Thayer and Nygren - yes; Thompson. no).
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town
of Tiburon that the appeal from the decision of the DRB denying without prejudice
site plan and architectural approval and three associated variances for 16 Venado
Drive is denied and the DRB's decision affirmed based on the following findings:
1.
Issues of view blockage and privacy infringement remain as a result
of the specific design being proposed by the applicant. Specifically,
the location of the house and the particular massing of the structure
contribute to the view blockage impact of the project. The design and
location of the angled windows and living room deck would affect the
privacy of the Boorstyn residence. These impacts to the Boorstyn
property could be further reduced in a different design. These issues
are required to be addressed by Section 4.02.06(a) of the Tiburon
Zoning Ordinance.
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2.
The proposed landscape lighting, entry foyer skylights, garage
windows, and deck lighting would cause an unnecessary amount of
light pollution toward the Boorstyn residence. This impact could be
further reduced in a different design. This issue is required to be
addressed by Section 4.02.06(i) of the Tiburon Zoning Ordinance.
3. The project could more effectively apply the principles of the Hillside
Design Guidelines to achieve the Guideline's goals of reducing effective
visual bulk, reducing environmental impact, and preserving access to
views.
4. Based on the current design, the necessary findings for the three
variances (lot coverage, side yard and rear yard setbacks) cannot be
made. However, on resubmittal the applicant is encouraged to pursue
a rear yard setback to minimize view blockage to the Boorstyn
residence.
5. If a new application is filed within one year of the date of this
resolution, the Town will waive fifty percent (50%) of all applicable
design review and variance fees.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on September 2, 1992, by the following vote:
AYES:
COUNCILMEMBERS:
Friedman, Nygren, Thompson,
Thayer, Kuhn
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
ALVIN R. KUHN, MAYOR
Town of Tiburon
ATTEST:
CLERK
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