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HomeMy WebLinkAboutTC Res 1994-04-06 (14) ~ RESOLUTION NO. JmS A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON GRANTING AN APPEAL AND MODIFYING A DECISION OF THE DESIGN REVIEW BOARD APPROVING A RE-ROOF FOR 2 AUDREY COURT fHEMATI. OWNER) WHEREAS, the Town of Tiburon received an application for re-roofing of the single family residence at 2 Audrey Court (Mr. and Mrs. Bob Hemati, owners); and WHEREAS, the application was reviewed pursuant to the Town's zoning ordinance and Planning & Building Department Administrative Policy NO. 92-01 regarding re-roofing permits; and WHEREAS, the Design Review Board ("DRB") held duly-noticed public hearings on the application on January 6 and January 20, 1994. At the latter meeting, the DRB approved the project on the condition that the tile used be Oat and in the #412 color range; and ~ WHEREAS, based on the assertion of the applicants that they could not comply with this condition because no Oat roofing tiles in the approved color range exist, the application was re-noticed and heard again by the DRB on February 17, 1994, at which time the Board revised its approval to allow a barrel shaped tile in the #412 color range; and WHEREAS, seven of the neighbors appealed the decision of the DRB in a timely manner; and WHEREAS, the Town Council held a duly-noticed public hearing on the appeal on March 16, 1994. After considering all testimony, documentary evidence, personal site visits and the entire record on appeal, the Council voted unanimously to grant the appeal and modifY the DRB's conditions of approval. StatT 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 Mr. and Mrs. King, et al. is granted pursuant to the terms and conditions set forth in the following paragraphs. 2. The decision of the DRB approving the re-roofing of the residence at 2 Audrey Court is modified as follows: l a. The roofing material used shall be Oat tiles in a color comparable to Eaglelite #412 or darker. StatT shall approve the tile prior to issuance of a building permit. I 3. The Council's decision is based on the following findings: " a. The roof or the residence at 2 Audrey Court is highly visible to all of the neighborhood and is directly in the primary views or surrounding neighbors. The visnaI prominence or the roof is due to the fact that the house was built higher on the site than approved and the steep pitch or the roor. b. The barrel shaped roofing tiles approved by the DRB would serve to further accentuate the visual prominence of the roof to the detriment of the surrounding neighbors' views. c. The color approved by the Council (comparable to Eaglelite #412 or darker) will further reduce the visual significance or the roor and would be compatible with the applicants residence. Lighter colors, such as terracotta, would accentuate the visual prominence and would be inharmonious with the structure. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town or Tiburon on April 6, 1994, by the following vote: AYES: COUNCILMEMBERS: Nygren, Thompson, Thayer, Kuhn, Friedman None None I NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: %~ "'KAREN NYG YOK ~ ATTEST: ~~u~ ERESE M. HENNESSY, T CLERK I I .J 1 I