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HomeMy WebLinkAboutTC Res 1996-07-03 ........1"- l ~ ~ - --- " RESOLUTION NO. 3174 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON GRANTING AN APPEAL OF CERTAIN CONDITIONS IMPOSED ON CERTIFICATE OF COMPLIANCE NO. 95-06 FOR THE VACANT PROPERTY ON V1ST AZO WEST STREET COMMONLY KNOWN AS "THE DERRYBERRY PROPERTY" (THE BELVEDERE-TffiURON LANDMARKS SOCIETY, OWNER) ASSESSOR PARCEL NO. 48-223-11 WHEREAS, the Town of Tiburon received an application for a certificate of compliance for property located between 1410 Vistazo West Street and 1470 Vistazo West Street (the "Denyberry Property"), owned by the Belvedere- Tiburon Landmarks Society; and WHEREAS, the subject property was created by grant deed in March of 1965 without compliance with the subdivision procedures mandated by state and local law; and WHEREAS, in 1990, the Derryberry family conveyed the subject property to the Belvedere- Tiburon Landmarks Society as a means of preserving the adjacent Jay property as public open space; and WHEREAS, the Belvedere-Tiburon Landmarks Society has committed to reimburse the Town for a portion of the cost of acquiring the Jay property and wishes to sell the subject property to raise the funds for said reimbursement; WHEREAS, Town staff issued a conditional Certificate of Compliance requiring the Belvedere- Tiburon Landmarks Society to comply with the regulations that would have been applicable had the subject property been created as a legal parcel at the time it was conveyed to the Belvedere-Tiburon Landmarks Society, as authorized by the Subdivision Map Act, Government Code Sections 66410 et seq. ; and WHEREAS, the Belvedere- Tiburon Landmarks Society has appealed Conditions 1 and 2 of the Certificate of Compliance, which required, among other things, conformance with certain lot width and lot area standards applicable to the creation of new lots; and WHEREAS, the Town Council held a duly-noticed public hearing on the appeal on June 19, 1996, at which time the Council, after hearing all testimony and reviewing all documents in the record, the Council found that the public interest would benefit from the removal of the two appealed conditions; and that the subject property was compatible with other properties in the area and based on said findings determined to uphold the appeal. Town Council Resolution No. 3174 - Derryberry Property July 3, 1996 1 "..../'"' l >- ~.. .~ '. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Tiburon that: 1. The appeal of the Belvedere- Tiburon Landmarks Society is hereby granted and Conditions 1 and 2 are deleted from Certificate of Compliance No. 95-06. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon on July 3, 1996, by the following vote: WOLF, THAYER, THOMPSON, HENNESSY GINALSKI NONE AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: A~ DIANE L. CRANE, TOWN CLERK Town Council Resolution No. 3174 - Denybeny Property ~. 'c-t-:; L.~ NICKY WOLF, MAYOR Town ofTiburon July 3, 1996 2