HomeMy WebLinkAboutTC Res 1997-04-02 (2)
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RESOLUTION NO. 3214
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REGARDING THE DENIAL OF AN
APPEAL BY COSMO L. FRASER OF THE APPROVAL OF
A SITE PLAN AND ARCHITECTURAL REVIEW FOR 205
TAYLOR ROAD (REZA POURIAN. OWNER)
WHEREAS, on January IS, 1997, the Design Review Board held a public hearing to
consider the approval of a site plan and architectural review of a proposed single family
dwelling at 205 Taylor Drive, proposed by Reza Pourian ("Owner"); and
WHEREAS, after receiving public testimony and considering the application,
including certain privacy and noise objections raised by Dr. Cosmo Fraser ("Appellant"), the
Board continued the item to allow Board members to view the story poles of the proposed
project from the Appellant's home; and
WHEREAS, on February 6, 1997, the Board held the continued public hearing, and
determined that the Appellant's privacy objections could be met by the imposition of certain
landscaping conditions and that the proposed setback, berm and landscaping would reduce
noise impacts and therefore approved the proposed project with the condition that the Owner
plant three 48-inch box pepper trees to screen Appellant's master bathroom window from
view from the Owner's property; and
WHEREAS, on February 18, 1997, the Appellant filed an appeal of the Board's
decision to approve the site plan and architectural review, claiming that the Board had not
properly required the project to comply with the Town's hillside guidelines; that the project
would violate the privacy of his home at 207 Taylor Drive, that the proposed landscaping was
an insufficient screen because it could be removed after occupancy; and based further on the
project's proximity to the Appellant's outdoor entertainment area, which could allegedly lead
to noise impacts; and
.WHEREAS, the appeal came before the Town Council of the Town of Tiburon on
the March 19, 1997, at which time the Town Council held a duly-noticed public hearing on
the appeal; and
WHEREAS, on March 19, 1997, after hearing all testimony and reviewing all
documents in the record, the Council concurred with the findings made by the Board, as set
forth in the Town Council staff report by Senior Planner Daniel M. Watrous dated March 19,
1997, which findings are incorporated herein by reference, and further found that if the
Appellant desired further protection of the privacy of his bathroom, he could add additional
landscaping on his property and/or screen the window of the bathroom;
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WHEREAS, based on the above findings, the Council unanimously determined to
reject the appeal by the Appellant (a vote of 4-0, with Councilmember Wolf being absent).
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of
Tiburon to memorialize that the appeal of Dr. Cosmo L. Fraser was denied on
March 19, 1997.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on April 2, 1997, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
Ginalski, Hennessy, Thayer, Thompson,
Wolf
None
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THERESE M. HENNESSY, MAYO
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DIANE L. CRANE, TOWN CLERK
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