HomeMy WebLinkAboutTC Res 1993-08-04 (2)
RESOLUTION NO. 2952
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A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON DENYING AN APPEAL FROM THE DESIGN
REVIEW BOARD APPROVAL OF A REVISED GRADING PLAN
FOR 335 BLACKFIELD DRIVE(AP#38-431-02)
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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
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.
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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 appeal subject to addition of certain conditions. Staff
was directed to prepare a resolution for approval by the Council; and
WHEREAS, the Town Council previously adopted Resolution No. 2928
dennying the appeal but has been asked by the applicant and bonding company to
modity that resolution in order to clarity the bonding obligations.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town
of Tiburon that:
1. Town Council Resolution No. 2928 is superceded by this resolution.
2. The appeal of John and Marcia Norris is denied based on the
following findings:
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 B1ackfield Drive slides.
3.
The following conditions shall be met by the applicant:
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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 apply only to
the engineered fill downslope and behind the subject residence,
as shown on the plans of Hunt, Hale & Associates, as revised
May 1, 1993. The bond shall not apply to the grading required
fur the structure, foundation or between the structure and
Blackfield Drive and in no way concerns or affects the
structural integrity of the house or the house foundation.
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 August 4, 1993, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
COUNCILMEMBERS: Thompson, Nygren, Kuhn, Friedman
COUNCILMEMBERS: None
COUNCILMEMBERS: Thayer
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MICHAEL FRIEDMAN, MAYOR
Town of Tiburon
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