HomeMy WebLinkAboutTC Res 1996-10-16
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RESOLUTION NO. 3187
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I IL..'" A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON REGARDING THE DENIAL OF AN APPEAL
BY HARVEY AND EMILY POPPEL OF THE ISSUANCE OF A
BUILDING PERMIT FOR 185 GILMARTIN DRIVE
(PETR KIRlTCHENKO. OWNER)
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WHEREAS, on August 17, 1994, the Town Council adopted Resolution 3049, which
denied an appeal by Harvey and Emily Poppe! and affirmed the decision of the Design Review
Board approving Site and Architectural Plans for a singIe-fiunily home at 185 Gilmartin Drive;
and
WHEREAS, pursuant to applicable provisions of the Zoning Ordinance,
Resolution 3049 provided that the approval would expire and become null and void two years
from the adoption thereof: unless a building permit had been obtained and construction had
been commenced and had been or was being diligently pursued towards completion; and
WHEREAS, the current applicant, Petr Kiritchenko acquired title to the property in
January of 1996; and
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WHEREAS, the applicant inquired of the staff of the Town Planning Department as
to the deadline for submitting the application for a building permit in order to comply with
the deadline of Resolution No. 3049 and was advised that the application should be submitted
six to eight weeks prior to the deadline; and
WHEREAS, the applicant submitted an application for a building permit on June 17,
1996, as directed by the staff of the Town Planning Department, but was not issued a building
pennit prior to August 17, 1996, because of unusually high volume of work at the Planning
Department and limited available staff; and
WHEREAS, the Planning Department has a long-standing policy to issue building
permits after the expiration date of the Site Plan and Architectural Review approval, where
the applicant has submitted the application for a building permit at least six to eight weeks
prior to the expiration date and the applicant is diligently pursuing the issuance of the permit
and commencement of construction; and based on this policy, the Planning Director
determined to issue the building permit for 185 Gilmartin Drive; and
WHEREAS, Harvey and Emily Poppel filed an appeal of the decision to issue the
building permit on September 6, 1996; and
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Town Council Resolution No" 3187
Adopted on October 16, 1996
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WHEREAS, the Town Council held a duly-noticed public hearing on the appeal on
1., - t September 18, 1996, at which time the Council, after hearing all testimony and reviewing all
. 4~"t',"~;' ,. '-',documents in the record, made the following findings: -"""-'''''-------''''...$'''''' '...
1. The deadlines in the applicable Zoning Ordinance and Resolution 3049
should be interpreted to allow issuance of a building permit after the stated expiration date
when the applicant had timely submitted the building permit application and otherwise
demonstrated reasonable diligence in pursuing the project; and
2. The evidence in the record clearly demonstrated that the applicant had
timely submitted the application for a building permit and exercised reasonable diligence in
pursuing the project; and
WHEREAS, based on the above findings, the Council determined to reject the appeal
by Harvey and Emily Poppet.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of
Tiburon to memorialize that the appeal of Harvey and Emily Poppe! was denied on September
18, 1996.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on October 16, 1996, by the following vote:
AYES:
COUNCILMEMBERS:
Ginalski, Hennessy, Thayer, Thompson, Wolf
NOES:
COUNCILMEMBERS:
None
/s/
NICKY WOLF, MAYOR
ATTEST:
/s/
DIANE L. CRANE, TOWN CLERK
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