HomeMy WebLinkAboutTC Res 1993-02-17
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RESOLUTION NO. 2902
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
GRANTING AN APPEAL FROM THE DECISION
OF THE CHIEF BUILDING OFFICIAL
(3616 Paradise Drive - Fred Gran~e. Owner)
WHEREAS, on October 7, 1992, the Chief Building Official for the Town of
Tiburon determined that the building permit for 3616 Paradise Drive had expired
due to lack of work as required by Uniform Building Code Section 303(d), as
adopted by the Town; and
WHEREAS, pursuant to Section 204 of the UBC, the property owner appealed
the decision to the Town Council; and
WHEREAS, the Town Council conducted a noticed public hearing on
February 3, 1993. The appellants and all other witnesses were allowed to present all
relevant evidence. After considering all oral, written and documentary evidence, the
Council voted to grant the appeal by a vote of 5.0.
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NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town
of Tiburon that the October 7,1992 decision of the Chief Building Official revoking
the. building permit for 3616 Paradise Drive is overturned and the permit is
reinstated based on the following findings:
1. During the period from July 10, 1991, to July 17, 1992, the property
was subject to a temporary restraining order and preliminary
injunction issued by the Marin County Superior Court prohibiting
construction on the property. The injunction was worded so broadly
, that a reasonable interpretation would prohibit all work authorized by
the permit. During this time, the permit was tolled and did not
expire.
2. The remaining time on the permit is 45 days, based on the following
calculation:
a)
From May 13, 1991, when an extension was granted, to July 10,
1991, when the temporary restraining order was issued, 58 days
ran on the life of the permit.
b)
From July 10, 1992, to July 17, 1992, the permit was tolled.
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c)
From July 18, 1992, when the injunction was lifted, until
October 2, 1992, when the Town imposed a Stop Work Order,
77 days ran on the life of the permit.
d) Thus, 135 of the 180 days of the permit have run, leaving 45
days.
3. The remaining 45 days shall bl:gin to run when the Planning Director,
in his discretion, issues written notice to the owner that work may
commence.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on February 17, 1993, by the following vote:
AYES:
COUNCILMEMBERS:
Nygren, Friedman, Thayer,
Thompson, Kuhn
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
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ALVIN R. KUHN, MAYOR
Town of Tiburon
ATTEST:
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THERESE M. HENNESSY OWN CLERK
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