HomeMy WebLinkAboutTC Res 2006-03-01
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RESOLUTION NO. 11-2006
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
PARTIALLY GRANTING AN APPEAL BY CASEY AND FRED HANNAHS
OF THE APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW
FOR THE CONSTRUCTION OF ADDITIONS TO AN EXISTING SINGLE-FAMILY
DWELLING WITH A FLOOR AREA EXCEPTION
FOR PROPERTY LOCATED AT 430 RIDGE ROAD
WHEREAS, on December 15, 2005, the Design Review Board held a public
hearing to consider the approval of a Site Plan and Architectural Review application for
the construction of additions to a single-family dwelling with a floor area exception, on
property located at 430 Ridge Road, proposed by Mark Garay ("Applicant"); and;
WHEREAS, at that hearing, the neighboring property owners at 440 Ridge Road
raised concerns that the proposed house would create unwanted view and privacy
impacts on their home, and indicated that moving the proposed driveway gate down the
hill could result in undesirable noise impacts; and
WHEREAS, after receiving public testimony, the Design Review Board
determined that the proposed modifications would have a minimal impact on the view
from the property at 440 Ridge Road, and that the proposed project would result in an
improvement over the previously approved design; and
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WHEREAS, on December 15, 2005, the Design Review Board voted
unanimously (3-0) to conditionally approve this application; and
WHEREAS, on January 3, 2006, the owners of the adjacent property at 440
Ridge Road, Casey and Fred Hannahs ("Appellants"), filed an appeal of the Board's
decision to approve this application; and
WHEREAS, on February 15, 2006, the Town Council of the Town of Tiburon
held a duly-noticed public hearing on the appeal; during which public testimony was
heard regarding the proposed dwelling and the Design Review Board's review of the
application; and
WHEREAS, after hearing all testimony and reviewing all documents in the record,
the Town Council determined that the Design Review Board had appropriately found that
the proposed house design would be consistent with the Tiburon Hillside Design
Guidelines and the Guidelines for Site Plan and Architectural Review. However, the
application includes raising certain portions of the roof, which could conflict with the
Guidelines if additional structures were placed on those portions. The Town Council
decided to impose an additional condition of approval providing that staff must review and
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TIBURON TOWN COUNCIL RESOLUTION NO. 11-2006. Adopted on March 1,2006
Page 1012
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approve the location of any solar panels to ensure that the panels not be placed on the
elevated portions of the roof and is minimally intrusive to the appellants, and the
applicant agreed to this condition; and
WHEREAS, based on the above findings, the Council unanimously directed Staff
to prepare a resolution partially granting the appeal with the recommended additional
conditions of approval (a vote of 4-0).
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon hereby partially grants the appeal of Casey and Fred Hannahs of the Design
Review Board's decision to approve a Site Plan and Architectural Review application
and floor area exception for the construction of additions to a single-family dwelling on
the property located at 430 Ridge Road.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on
March 1, 2006, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Berger, Fredericks, Gram, Slavitz, Smith
None
None
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P~R
TOWN OF TIBURON
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DIANE CRANE IACOPI, TOWN CLERK
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TIBURON TOWN COUNCIL RESOLUTION NO. 11-2006, Adopted on March 1, 2006
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