HomeMy WebLinkAboutTC Res 1993-06-02 (2)
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Recording Requested by:
93-045332:
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Therese M. Hennessy
Town Clerk
Town of Tiburon
1155 Tiburon Blvd.
Tiburon, CA 94920
Recorded
Official Records
County of
MARIN
.JAMES DAL BON
Recorder
8:01am 9-.Jun-93
XX 2
A.P. #38-431-02
RESOLUTION NO. 2928
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON DENYING AN APPEAL OF THE
DESIGN REVIEW BOARD APPROVING A REVISED
GRADING PLAN FOR 335 BLACKFIELD DRIVE
WHEREAS, the Town ofTiburon previously approved an application for site
plan and architectural review and issued a building permit for a single family house
at 335 Blackfield Drive; and
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WHEREAS, the Town received an application for architectural and grading
revisions of the previous approval on March 3, 1993; and
WHEREAS, the Design Review Board ("DRB") held duly-noticed public
hearings on the application on March 25 and April 8, 1993, and approved the
revised grading on April 8, 1993; and
WHEREAS, the decision of the BAR was appealed in a timely manner by
John and Marcia Norris, 70 Paseo Mirasol; and
WHEREAS, the Town Council held a duly-noticed public hearing on the
appeal on May 19, 1993. After considering all testimony, documentary evidence,
personal site visits and the entire record on appeal, the Council.voted unanimously
(Kuhn absent) to deny the appeai subject [0 addition of cert!iin conditions. Btaff
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 John and Marcia Norris is denied based on the
following findings:
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a. The grading has been reviewed by the applicants civil engineer,
the Town Engineer and an independent geotechnical engineer. All three of these
professionals agree that the grading was properly engineered and meets all
applicable safety standards.
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b. The bond required by the Town Council provides the Norris' with
financial recourse in the event the graded area of the property at 335 Blackfield
Drive slides.
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2.
The following conditions shall be met by the applicant:
a. By October 1, 1993, or prior to issuance of occupancy for the
residence at 335 Blackfield Drive, whichever comes first, the owner shall post a bond
or other form of security acceptable to the Town Attorney and Town Engineer in the
amount of $100,000 to remain in effect for a period of three years. This obligation
shall run with the land and be binding on the owner, his heirs, successors and
assigns. The bond shall cover potential damage from the engineered fill in the
rearyard of the property.
b. Prior to October 1, 1993, applicant shall comply with all
conditions of the Town Engineer's letter of April 20, 1993. The photographs taken
during the actual construction of the fill shall be kept in the Town's building file for
the property.
c. All excess dirt shall be removed from the slope.
d. Applicant shall comply with all winterization rules of the Town
of Tiburon.
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e. A certified copy of this resolution shall be recorded with the
Marin County Recorder.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on .June 2. 1993, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Thayer, Thompson, Nygren
None
Friedman
Kuhn
~OR~
Town of Tiburon .
ATTEST:
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CLERK