HomeMy WebLinkAboutTC Res 2007-07-18
RESOLUTION NO. 28-2007
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
DENYING AN APPEAL BY ALEXANDER ANOLIK
OF THE TOWN ENGINEER'S DENIAL OF AN ENCROACHMENT PERMIT
APPLICATION TO INSTALL A SOLAR PANEL ARRAY
ON A TOWN-HELD OPEN SPACE EASEMENT
ON PROPERTY AT 280 ROUNDHILL ROAD
WHEREAS, on February 20,2007, Alexander Anolik (hereinafter "Appellant") filed a
building permit application to construct an approximately 1,900 square foot solar panel array at
280 Roundhill Road, primarily on land over which the Town of Tiburon (hereinafter "the Town")
holds an open space easement ("Easement"), and
WHEREAS, the Appellant granted the Easement to the Town in 2002, in order to
comply with general plan policies and zoning ordinance regulations, and in order to mitigate the
environmental impacts of Appellant's proposed subdivision as required by the California
Environmental Quality Act, the Easement conveyed certain property rights to the Town with
respect to the area covered thereby ("Easement Area"), which area constitutes approximately
14,500 square feet of the approximately 78,000 square foot property at 280 Roundhill Road;
and
WHEREAS, under the terms of the Easement, the owner of the Easement Area may
not construct or install any improvements thereon and is required to maintain the Easement
Area in an open and natural condition; and
WHEREAS, on March 12, 2007 the Town issued a letter refusing to issue the
building permit on the basis that Appellant lacked the property right to apply for the building
permit based on, among other things, the Easement terms, which clearly prohibit installation of
any structures. Town staff advised Appellant that he could apply for an encroachment permit to
locate the solar panel array on the open space easement, but that the Town would probably
deny any such application; and
WHEREAS, on April 12, 2007, Appellant filed an application for encroachment permit
(EP2007 -50) to construct the solar panel array within the Easement Area; and
WHEREAS, on May 4,2007, the Town Engineer/Director of Public Works denied
Appellant's encroachment permit application on the basis that, among other things, the
Easement precluded the proposed use in the Easement Area; and
WHEREAS, on May 14, 2007, Appellant filed a timely appeal of the decision of the
Town Engineer to deny the encroachment permit application; and
WHEREAS, on June 20,2007, the Town Council of the Town held a duly-noticed
public hearing on the appeal, during which public testimony was heard regarding the proposed
solar panel array and the Town Engineer's denial of the application; and
Resolution No. 28-2007
Adopted 7/18/07
Page 1 of 2
WHEREAS, after hearing all testimony and reviewing all documents in the record,
the Town Council determined that the Town Engineer's denial of the encroachment permit
application was appropriate in that 1) the proposed solar panel array was inconsistent with the
purpose and terms of the Easement, which Appellant had granted in 2002 as part of a
subdivision approval, which Appellant had subsequently exercised, for significant financial
return; 2) the Town's denial was not inconsistent with the California Solar Rights Act because
Appellant did not have the property rights necessary to construct or install the proposed panels
within the Easement Area; approval of the permit would violate the Town's general plan and
zoning regulations, which designate the subject area as Open Space; and 4) Appellant could
install the solar energy system elsewhere on his property, outside the Easement Area; and.
WHEREAS, based on the above findings, the Council voted 3-0 to direct Staff to
prepare a resolution denying the appeal for consideration at the next regular meeting.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon hereby denies the appeal of Alexander Anolik of the decision by the Town
Engineer/Director of Public Works to deny an encroachment permit application to install a solar
panel array on land at 280 Roundhill Road.
PASSED AND ADOPTED at a regular meeting of the Town Council on July 18,
2007, by the following vote:
AYES:
COUNCILMEMBERS:
Berger, Fredericks, Gram, Slavitz
NOES:
COUNCILMEMBERS:
None
ABSTAIN:
COUNCILMEMBERS:
TOM GRAM, A YOR
TOWN OF TIBURON
Resolution No. 28-2007
Adopted 7/18/07
Page 2 of 2