HomeMy WebLinkAboutTC Res 2008-02-06 (2)
RESOLUTION NO. 09-2008
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
PARTIALLY GRANTING AN APPEAL BY DAVID & BEVERLEE KELL OF THE
APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW FOR CONSTRUCTION
OF EXTERIOR ALTERATIONS TO AN EXISTING SINGLE-FAMILY DWELLING WITH
VARIANCES FOR REDUCED SIDE YARD SETBACKS FOR PROPERTY LOCATED
AT 78 RED HILL CIRCLE
WHEREAS, on September 6, 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 exterior alterations of deck extensions to an existing single-family
dwelling, with Variances for reduced side yard setbacks, Town File #20728, for property
located at 78 Red Hill Circle, proposed by Joseph Lanyadoo ("Applicant"); and
WHEREAS, at that hearing, the neighboring property owners raised concerns
that the proposed improvements to the main floor deck would impact views and privacy;
and
WHEREAS, after receiving public testimony, the Design Review Board
directed the applicant to consult with the neighbors and expressed the need for more
details on the plans, and continued the item to a date specific; and
WHEREAS, the Design Review Board heard the item again at its meeting on
October 18, 2007. The Board reviewed the revised plans for the project, which included
the elimination of the previously proposed main level deck extension in favor of the
addition of an exterior stairway and landing from the main floor to the ground. The upper
level deck extension remained the same as previously proposed. The Board heard
additional public testimony from the neighboring property owners regarding potential
view and privacy impacts created by the proposed improvements to the main floor deck
(Le., the exterior stairway and landing); and
WHEREAS, after receiving public testimony, the Design Review Board
concluded that the design was in conformance with the Guiding Principles of Site Plan
and Architectural Review and with the Tiburon Hillside Design Guidelines. The Board
voted 3-1, Corcoran dissenting, to make the findings for the side yard variances and to
conditionally approve the project; and
WHEREAS, on October 29, 2007, the owner of the adjacent property at 80
Red Hill Circle, David & Beverlee Kell, joined by the owners of the property at 82 and 84
Red Hill Circle, Edward & Paretta Stephens and James Morton ("Appellants"), filed a
timely appeal of the Board's decision, objecting to the main floor and ground floor
improvements but not objecting to the upper level deck expansion; and
WHEREAS, on January 16, 2008, the Town Council held a duly-noticed
hearing on the appeal, during which testimony was heard and considered regarding the
proposed exterior alterations to the main floor and ground floor and the Design Review
Board's review of the application. No one spoke at the hearing in opposition to the
upper floor deck improvements; and
Town Council Resolution No. 09-2008 Adopted 2/6/08
Page 1 of 2
.
WHEREAS, after hearing all testimony and reviewing all documents in the
record, the Town Council agreed with appellants that the proposed exterior stairwell and
landing were inconsistent with guiding principles (b) and (c) of Title IV, Chapter 16,
Section 16-4.2.7 of the Tiburon Municipal Code; however, the Council voiced no
objections to the upper level deck expansion; and
WHEREAS, the Town Council voted 3-1 (Councilmember Berger dissenting)
to direct Staff to prepare a resolution granting the appeal to the extent that the exterior
stairway and landing were not approved.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon hereby partially grants the appeal of David & Beverlee Kell of the Design
Review Board's decision by adding the following condition of approval to those set forth
by the Design Review Board:
8. The exterior stairway and landing from the main floor level to the
ground level, as shown on drawings date-stamped "Received by
Planning Division October 9, 2007", are not approved and shall be
eliminated.
PASSED AND ADOPTED at a regular meeting of the Town Council on
February 6,2008, by the following vote:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Berger, Collins, Fredericks, Slavitz
AYES:
None
ABSTAIN:
Gram
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