HomeMy WebLinkAboutTC Res 1996-11-20 (2)
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RESOLUTION NO. 3196
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A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TmURON REGARDING THE DENIAL OF AN APPEAL
BY JANICE KASE OF THE MODIFICATION OF THE
CONDITIONS OF APPROVAL FOR A HOME OCCUPATION
PERMIT FOR A DOG TRAINING FACILITY AT
35 HACIENDA DRIVE (JANICE KASE. OWNER)
WHEREAS, on December 8, 1994, the Planning Department of the Town of Tiburon
issued a Home Occupation Permit to allow the operation of a dog training facility at 35
Hacienda Drive, subject to Section 4.10.00 of the Town's Zoning Ordinance; and
WHEREAS, Town staff became aware in 1996 that the applicant was conducting a
dog kennel business at her residence, which use was inconsistent with the conditions on the
Home Occupation Permit and which use further is not permitted by the Town's Zoning
Ordinance without a conditional use permit; and
WHEREAS, in March of 1996, the applicant filed an application for a Conditional Use
Permit; and
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WHEREAS, on June 26, at a public hearing on the Conditional Use Permit
application, the Planning Commission directed staff to agendize a review of the Home
Occupation permit to consider possible review or revocation; and
WHEREAS, the Planning Commission held further hearings on the Conditional Use
Permit application and the Home Occupation Permit on August 28, 1996 and September 11,
1996; and
WHEREAS, on September 11, 1996, the Planning Commission decided to deny the
application for the Conditional Use Permit and to direct the Planning Director to modifY the
conditions on the Home Occupation Permit; and
WHEREAS, on September 12, 1996, the Planning Director issued a letter to Mark
Scott, attorney for the applicant, advising him that the Planning Commission's decision to
deny the Conditional Use Permit application could be appealed for a period of 10 days, which
period would expire on September 23, 1996, and further advising him that the 10-day appeal
period for the modification of the conditions on the Home Occupation Permit would begin
to run upon issuance of the modified conditions; and '
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WHEREAS, on September 18, 1996, the Planning Director issued the modified
conditions on the Home Occupation Permit and advised the applicant that the 10-day period
to appeal those conditions would expire on September 30, 1996; and
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WHEREAS, on September 30, 1996, the applicant filed a Notice of Appeal,
purporting to appeal both the denial of the Conditional Use Permit and the modification of
the conditions on the Home Occupation Permit; and
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WHEREAS, on October 4, 1996, the Planning Director advised the applicant that the
Notice of Appeal was untimely as to the denial of the Conditional Use Permit but would be
accepted as to the modifications of the conditions on the Home Occupation Permit; and
WHEREAS, on November 6, 1996, after hearing all testimony and reviewing all
documents in the record, the Council found that the modified conditions imposed on the
Home Occupation Permit as set forth in the letter from the Planning Director dated
September 18, 1996, were necessary to insure that the use of the premises would be
consistent with the Zoning Ordinance and decided to reject the appeal and directed staff to
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return to Council with an appropriate resolution.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of
Tiburon that the appeal of Janice Kase is hereby denied.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
ofTiburon on November 20, 1996, by the following vote:
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AYES:
COUNCILMEMBERS:
Ginalski, Hennessy,
Thompson, Wolf
Thayer,
NOES:
. ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
None
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THERESE M. HENNESSY,.MA YO
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DIANE L. CRANE, TOWN CLERK
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