Loading...
HomeMy WebLinkAboutTC Res 1997-08-06 (3) "'"' r r- '. ,- RESOLUTION NO. 3236 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON REGARDING THE UPHOLDING OF AN APPEAL BY MICHELE ROADS, THE HILL HAVEN PROPERTY OWNERS' ASSOCIATION, MEL & RUTH RONICK, DR. RALPH & DIANA CAVALIER! AND WILLIAM & SANDRA STUCKY OF THE APPROVAL OF DESIGN REVIEW BOARD'S APPROVAL OF A CHANGE TO APPROVED PLANS FOR 10 ST. BERNARD LANE (MR. & MRS. ALLEN FINGERHUT. OWNERS) WHEREAS, on May 18,1995, the Design Review Board held a duly noticed public hearing regarding the site plan and architectural review of a proposed single family dwelling at 10 St. Bernard Lane, proposed by Jared Polsky, Architect ("Applicant") on behalf of Mr. and Mrs. Allen Fingerhut ("Owner"); and WHEREAS, said hearing was continued to June 15, 1995 and later to July 6, 1995, to allow modification of the plans in response to comments from the Board, which modifications included the reduction of design features, such as the building's tower and chimneys, that added to the massive appearance and potential view blockage of the structure; and WHEREAS, on July 6, 1995, after closing the public hearing, the Design Review Board approved the proposed dwelling with conditions; and WHEREAS, in recognition of the visual prominence and imposing appearance of the proposed dwelling, said approval conditions imposed certain design restrictions and a limited color palette for the exterior of the building; and WHEREAS, on August 1, 1996, the Design Review Board held a duly noticed public hearing to consider certain modifications to the approved plans that had been requested by the Applicant and Owner, which requested modifications included the addition of chimney caps; and WHEREAS, on August 1, 1996, after closing the public hearing, the Board approved some of the requested modifications, but denied others that it found would increase the visual intrusiveness and potential view blockage of the structure, which denied modifications included the addition of chimney caps; and WHEREAS, as the project neared completion in 1997, Town staff received several complaints from neighbors that the structure had been painted with a palette of colors that did not comply with the palette approved by the Design Review Board, the effect of which ~ "'"' r- ,...... , / noncompliance was allegedly to increase the visual prominence and intrusiveness of the home; and WHEREAS, on May 7, 1997, the Applicant filed an application for certain changes to the Board's approval ofthe project, including a modified palette reflecting the colors with which the Owner had already painted the structure and adding chimney caps; and WHEREAS, on May IS, 1997, the Board held a duly noticed public hearing to consider the proposed modifications to the previously approved plans and approved the application with conditions; and WHEREAS, on May 27, 1997, Michele Roads, the Hill Haven Homeowners Association, Jeny Riessen, Mel and Ruth Ronick, Dr. Ralph and Diana Cavalieri and William and Sandra Stucky filled an appeal of the Design Review Board's decision insofar as it approved a new color palette and chimney caps; and WHEREAS, said appeal alleged that the new color palette violated the Town's Zoning Ordinance and Design Guidelines in that it permitted colors that were not earth tones, were not harmonious with existing development in the vicinity and would stand out in sharp contrast with natural earth color or vegetation on the site and other development in the area and would further maximize the project's intrusion on the neighborhood, and, as a result of these problems, would increase the adverse visual impacts of the project on the neighborhood; and WHEREAS, said appeal further alleged that the Board's approval of the new chimney caps also violated the Town's Zoning Ordinance and Design Guidelines in that the Board had lacked sufficient information to evaluate the potential adverse impact of the chimney caps on the height and bulk of the chimneys and the potential for view blockage and visual intrusion; and WHEREAS, the appeal came before the Town Council of the Town of Tiburon on July 2, 1997, at which time the Town Council held a duly-noticed public hearing on the appeal during which hearing the Applicant and Owner admitted that they were aware when they painted the project that the colors used did not comply with the palette previously approved by the Design Review Board; and WHEREAS, on July 2, 1997, after hearing all testimony and reviewing all documents in the record, the Council determined that the approval of the new color palette and chimney caps violated the Town's Zoning Ordinance and Design Guidelines, for the reasons set forth in the appeal; and WHEREAS, based on the above findings, the Council determined to uphold the appeal by the Appellants, require the Applicant and Owner to comply with the color palette 2 , " "'"' ,...... "'"' origina1ly approved by the Design Review Board on July 6, 1995 and remanded the issue of the new chimney caps to the Board with a directive that the Board consider physical mock- ups of the new chimney caps, and alternatives that could minimize their visual intrusiveness (a vote of 3 - 2, with Mayor Hennessy, Vice-Mayor Thayer and Councilmember Ginalski voting to uphold the appeal and Councilmembers Wolf and Thompson dissenting). NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Tiburon that the appeal of Michele Roads, the Hill Haven Homeowners Association, Jerry Riesen, Mel and Ruth Ronick, Dr. Ralph and Diana Cavalieri and William and Sandra Stucky is hereby granted based on the findings and determinations set forth in this resolution. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 6, 1997, by the following vote: AYES: COUNCILMEMBERS: Ginalski, Thompson, Wolf NOES: COUNCILMEMBERS: None COUNCILMEMBERS: Hennessy, Thayer ~/~ ~- ~~ ANDREW THOMPSON, ACTING M OR Town of Tiburon ABSENT: ATTEST: ~~ DI L. CRANE, TOWN CLERK . ~ 3