HomeMy WebLinkAboutTC Res 2001-06-20 (8)
RESOLUTION NO. 32-2001
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TlBURON
GRANTING THE APPEAL BY ERNEST WARE
OF THE DENIAL OF SITE PLAN AND ARCHITECTURAL REVIEW
FOR THE CONSTRUCTION OF A FENCE
ON PROPERTY LOCATED AT 35 REED RANCH ROAD
WHEREAS, on February 1, 2001, the Design Review Board held a public hearing to
consider the approval of an application for Site Plan and Architectural Review for construction of
a fence on property located at 35 Reed Ranch Road, proposed by Ernest Ware C'Owner"); and
WHEREAS, after receiving public testimony and considering the application, the Board
conveyed its initial concerns regarding the proposed fence, primarily concerning the view impacts
caused by the proposed fence on several uphill residences, and the difficulty with visualizing the
exact dimensions of the proposed fence, and continued the item until February 15, 2001; and
WHEREAS, on February 15, 2001, the Board held the continued public hearing and, after
reviewing the mock-up of the proposed fence and the modifications to the fence design,
determined that the proposed fence would significantly impact the views from ceremonial rooms
of several uphill homes, and continued the item until April 5, 2001, to allow the applicant to meet
with the neighbors and revise the design of the fence; and
WHEREAS, on April 5, 2001, the Board held the continued public hearing and, after
reviewing testimony regarding negotiations between the owner and several uphill neighbors and
the further modifications to the fence design, determined that the fence modifications did not
adequately mitigate the view impacts which would be caused by the proposed fence and directed
Staff to prepare a resolution denying the application; and
WHEREAS, on April 19, 2001 the Design Review Board unanimously (4-0) adopted
Resolution No. 2001-01 denying this application; and
WHEREAS, on April 30, 2001, the Owner filed an appeal of the Board's decision to deny
the application for Site Plan and Architectural Review 35 Reed Ranch Road; and
WHEREAS, the appeal came before the Town Council of the Town of Tiburon on June 6,
2001, at which time the Town Council held a duly-noticed public hearing on the appeal; and
Tiburon Town Council
Resolution No. 32-2001
June 20, 2001
1
WHEREAS, on June 6, 2001, after hearing all testimony and reviewing all documents on
the record, the Town Council found that moving the proposed fence further downhill from the
rear property line would adequately mitigate the potential view impacts which would have been
caused by the fence originally denied by the Design Review Board, and bring the fence into
conformance with the Tiburon Hillside Design Guidelines; and
WHEREAS, based on the above findings, the Council determined to grant the appeal by
the Owner, based on the revised plans submitted to the Town (a vote of 4-0).
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon to memorialize that the appeal of Em est Ware was granted, subject to the following
conditions:
1. The subject fence shall have a maximum height of five feet (5'), and shall be
located six feet (6') from the rear property line. The fence shall be constructed
using four inch (4") wire mesh, four inch by four inch (4" x 4") wooden posts, and
no cap rail.
2. Low shrubbery shall be planted on either side of the fence and maintained at least
one foot (1') below the top of the fence.
3 . This approval shall be used within three (3) years of the approval date, and shall
become null and void unless a building permit has been issued.
4. Plans submitted to the Building Department for plan check shall be identical to
those approved by the Design Review Board. If any changes are made to the
approved Design Review plans, the permit holder is responsible for clearly
identifying all such changes when submitted to the Building Department for plan
check. Such changes must be clearly highlighted (with a "bubble" or "cloud") on
the submitted plans. A list describing in detail all such changes shall be submitted
and attached to the building plans, with a signature block to be signed by the
Design Review Staff member indicating that these changes have been reviewed and
are approved, or require additional Design Review. All changes that have not been
explicitly approved by Staff as part of the Building Plan Check process are not
approved. Construction that does not have Design Review approval is not valid
and shall be subject to stop work orders and may require removal.
5. The applicant must meet all requirements of other agencies prior to the issuance of
a building permit for this project.
Tiburon Town Council
Resolution No. 32-2001
June 20, 2001
2
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PASSED AND ADOPTED at a regular meeting of the Town Council on June 20,2001,
by the following vote:
AYES: COUNCIIJvtEMBERS:
Gram, Matthews, Slavitz, Thompson
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
Bach
ABSTAIN: COUNCILMEMBERS:
None
~~
ANDREW THOMPSO ,. YOR
TOWN OF TIBURON
AT?7i ~. ~... .
1!Le( W/r1yH
DI~ CRANE IACOPI, TOWN CLERK
Tiburon Town Council
Resolution No. 32-2001
June 20, 2001
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