HomeMy WebLinkAboutTC Res 2016-09-21RESOLUTION NO. 23-2016
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
MEMORIALIZING THE GRANTING OF AN APPEAL
OF THE PUBLIC WORKS DIRECTOR'S DENIAL OF AN ENCROACHMENT PERMIT
FOR IMPROVEMENTS LOCATED ON THE PUBLIC RIGHT OF WAY ADJACENT TO
1860 MOUNTAIN VIEW DRIVE
WHEREAS, on June 27, 2016, John Merten of Studio Green Architects submitted an
Encroachment Permit application (EP No. 2016-127) on behalf of the property owner of 1860
Mountain View Drive in Tiburon. The applicant sought permission to construct a portion of a
vehicular access gate and a concrete freestanding wall within the public right of way of
Mountain View Drive; and
WHEREAS, Town staff reviewed the proposal and determined it was inconsistent
with the Town's policy for encroachments into public streets and rights of way, as set forth in
Town Council Resolution No. 45-2014. On June 29, 2016, the application was denied by the
Director of Public Works; and
WHEREAS, on June 30, 2016 the applicant filed a timely appeal of the Public Works
Director's decision; and
WHEREAS, on August 17, 2016, the Town Council held a hearing on the appeal;
during which testimony by interested parties was heard and considered; and
WHEREAS, following deliberation, the Town Council voted 2-1 (Fraser and Doyle in
favor; Fredericks opposed) to grant the appeal and directed staff to return with a resolution
memorializing its decision.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon hereby memorializes that the appeal of Studio Green was granted on August 17, 2016
by a vote of 2-1, based on the facts unique to this appeal, and that the Director of Public
Works was directed to issue Encroachment Permit No. 2016-127 subject to standard
conditions, including a memorandum of encroachment regarding future revocation.
PASSED AND ADOPTED at a regular meeting of the Town Council on September
21, 2016, by the following vote:
AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks
NAYS: COUNCILMEMBERS: None
TIBURON TOWN COUNCIL RESOLUTION NO. 23-2016 09/21/2016 Pau 1 of 2
ABSENT:
ABSTAIN:
RECUSED:
ATTEST:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
1
DIANE CRANE IACOPI, TOWN CLERK
None
Tollini
O'Donnell
}
ERIN TOLLINI, MAYOR
TOWN OF TIBURON
TIBURON TOWN COUNCIL RESOLUTION NO. 23-2016 09/21/2016 Page 2 of 2