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RESOLUTION NO. 19-2007
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
DENYING AN APPEAL BY FANI HANSEN OF THE APPROVAL
OF SITE PLAN AND ARCHITECTURAL REVIEW FOR CONSTRUCTION OF A NEW
SINGLE-FAMILY DWELLING AND DETACHED ACCESSORY BUILDING WITH
VARIANCES FOR REDUCED FRONT AND SIDE YARD SETBACKS AND EXCESS
LOT COVERAGE FOR PROPERTY LOCATED AT
2135 VISTAZO EAST STREET
WHEREAS, on February 15, 2007, the Design Review Board held a public
hearing to consider the approval of a Site Plan and Architectural Review application for the
construction of a new single-family dwelling and detached accessory structure, with
Variances for reduced front and side yard setbacks and excess lot coverage, on property
located at 2135 Vistazo East Street, proposed by Joe and Kate Quirk ("Applicants"); and
WHEREAS, at that hearing, the neighboring property owner at 450 Ridge Road
raised concerns that the existing rear yard wire deer fencing was impacting water views
and encroaching on the natural hillside, as well as the proposed guest house; and
WHEREAS, after receiving public testimony, the Design Review Board did not
express any general issues with the design of the proposed structure, but did not want to
take action until all Boardmembers had the opportunity to view the story poles from within
2151 Vistazo East Street. The Board indicated that unless there was a change in the fence
which is related to the design of the house, the Town did not have the authority to require
any changes of the existing deer fencing as part of the application. The request was
continued to the March 1, 2007 meeting to allow the Boardmembers additional time to view
the story poles from within 2151 Vistazo East Street, to determine the extent of view
blockage; and
WHEREAS, on March 1, 2007, the Design Review Board held the continued
public hearing, reviewed the plans for the project, and heard additional public testimony
from the property owner of 450 Ridge Road, regarding the ability to address the existing
rear yard wire deer fencing to aid in eliminating the existing water view blockage from 450
Ridge Road and the impact on the natural hillside, with a request that: the fence be lowered
three feet; the chimneys be eliminated from the dwelling; that the. proposed plantings not
grow to a height taller than the detached accessory building; and that the detached
accessory building be rotated 90 degrees; and
WHEREAS, after receiving public testimony, the Design Review Board voted
unanimously (3-0) to conditionally approve the project, concluding that the design was in
conformance with the Site Plan and Architectural Review Guidelines, the Tiburon Hillside
Design Guidelines, and were able to support the findings for the requested Variances.
After the Applicants volunteered to work with Staff on modifying the existing rear yard wire
deer fence to address the concerns of the neighbor, the Design Review Board included
such modification as a condition of approval to the project; and
TIBURON TOWN COUNCIL RESOLUTION NO. 19-2007
Adopted 5/2/2007
Page 1
WHEREAS, on March 12, 2007, the sister of the owner of the adjacent property
at 450 Ridge Road, Fani Hansen ("Appellant"), filed an appeal of the Board's decision to
approve this application; and
WHEREAS, on April 18, 2007, 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 has appropriately
found that the proposed house and accessory building design would be consistent with the
Tiburon Hillside Design Guidelines and the Guidelines for Site Plan and Architectural
Review. The Town Council also determined that the Applicant's proposal to modify the
existing rear yard wire deer fencing by removing the top rail of the entire existing deer
fencing was consistent with the direction of the Design Review Board to modify the fence.
WHEREAS, based on the above findings, the Council unanimously directed Staff
to prepare a resolution denying the appeal (a vote of 3-0).
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon hereby denies the appeal of Fani Hansen of the Design Review Board's decision to
approve a Site Plan and Architectural Review application for construction of a new single-
family dwelling and detached accessory building and Variances for reduced front and side
yard setbacks and excess lot coverage on property located at 2135 Vistazo East Street.
PASSED AND ADOPTED at a regular meeting of the Town Council on May 2,
2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Fredericks, Gram & Slavitz
None
Berger
Smit
ATTEST:
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DIA E CRANE I COPI, TOWN CLERK
TIBURON TOWN COUNCIL RESOLUTION NO. 19-2007
Adopted 5/2/2007
Page 2