HomeMy WebLinkAboutTC Res 2008-04-02 (3)
RESOLUTION NO. 17-2008
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
PARTIALLY GRANTING AN APPEAL BY ROBIN LEA, MARGARET PATTON
AND DENIS WILLIAMS, MARY AND DON FOREE, ROBIN E. AND SHERRY LONG
DE MANDEL, AND FRANCESCA AND JOHN MADDEN OF THE APPROVAL OF
SITE PLAN AND ARCHITECTURAL REVIEW FOR CONSTRUCTION OF A NEW
SINGLE-FAMILY DWELLING FOR PROPERTY LOCATED AT 275 DIVISO STREET
WHEREAS, on October 4, 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, Town File #707126, for property located
at 275 Diviso Street, proposed by Avi Ron ("Applicant"); and
WHEREAS, at that hearing, the neighboring property owners raised concerns
that the proposed construction would impact views, cause light pollution and drainage
issues; and
WHEREAS, after receiving public testimony, the Design Review Board
directed the applicant to consult with the neighbors to reduce the light pollution and view
impacts, and continued the item to a date specific; and
WHEREAS, the Design Review Board heard the item again at its meeting on
November 1, 2007. The Board reviewed the revised plans for the project, which included
lowering the entire structure 30" into the ground; lowering the ceiling height by one foot
(1') in the lower level of the home; lowering the central tower element by six inches (6");
lowering the chimney to the maximum extent possible while meeting code; eliminating
the architecture feature at the top of the central tower element; and relocating the
window dormers to the west side of the structure to reduce potential light pollution. The
Board heard additional public testimony from the neighboring property owners regarding
remaining potential view and lighting impacts, as well as whether the size and character
of the home was appropriate for the site in comparison with existing structures in the
neighborhood; 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 3-2, (Frymier and Teiser dissenting), to conditionally approve the project; and
WHEREAS, on November 13, 2007, the owners of the adjacent properties at
295 Diviso Street, Robin Lea, 280 Diviso Street, Margaret Patton and Denis Williams,
265 Diviso Street, Mary and Don Foree, 2021 Vistazo East, Robin E. and Sherry Long
De Mandel, and 2040 Vistazo East, Francesca and John Madden ("Appellants"), filed a
timely appeal of the Board's decision, objecting to the design and effective bulk of the
structure in its relation to the existing structures in the neighborhood, potential view
blockage and lighting/glare impacts from the seventeen foot high central tower element,
and drainage and runoff issues; and
Town Council Resolution No. 17-2008 adopted on April 2, 2008
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WHEREAS, on March 19, 2008, the Town Council held a duly-noticed
hearing on the appeal, during which testimony was heard and considered regarding the
proposed construction of a new single-family 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 partially agreed with the appellants that the central tower
element would result in lighting impacts on the surrounding neighborhood; and
WHEREAS, the Town Council voted 5-0 to direct Staff to prepare a resolution
partially granting the appeal with the condition that the clerestory element be reduced in
size, and that the clerestory windows on the front and right sides of the clerestory
element be eliminated.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon hereby partially grants the appeal of Robin Lea, Margaret Patton and Denis
Williams, Mary and Don Foree, Robin E. and Sherry Long De Mandel, and Francesca
and John Madden of the Design Review Board's decision by adding the following
condition of approval to those set forth by the Design Review Board:
17. The clerestory element shall be reduced in size and restricted to its
location over the entry to the dwelling as indicated in sheet A.2,
submitted on March 19, 2008. The clerestory windows on the front
(East, facing 2040 Vistazo East) and the right side (north, facing 295
Diviso Street) of the clerestory element shall be eliminated.
PASSED AND ADOPTED at a regular meeting of the Town Council on April
2, 2008, by the following vote:
AYES:
COUNCILMEMBERS:
Collins, Fredericks, Gram, Slavitz
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Berger
ATT~~ .
. ~
DIANE CRANE IA OPI, TOWN CLERK
Town Council Resolution No. 17-2008 adopted on April 2, 2008
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