HomeMy WebLinkAboutTC Res 1990-10-17
RESOLUTION NO. 2742
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON UPHOLDING AN APPEAL OF THE
DENIAL BY THE BOARD OF ADJUSTMENTS AND REVIEW
OF A VARIANCE AND DESIGN OF AN ADDITION AT
6 ST. GABRIEL CT... A.P. #58-282-08 (Beech)
THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES HEREBY RESOLVE
AND FINDS AS FOLLOWS:
Section 1. Background, Record and Findings.
A. On September 6, 1990, the Board of Adjustments and Review (BAR) held a
public hearing to consider the approval of a variance and to approve the
design of a porch enclosure at 6 St. Gabriel Ct. After fully considering the
project, and the testimony received, the BAR denied the variance and final
design review for the project. The BAR's action was appealed to the Town
Council.
B. On October 3, 1990, the Town Council held a public hearing to consider the
appeal. The minutes of that meeting accurately reflect the testimony received.
At that meeting the Council determined that elements of the proposal were
satisfactory from a design perspective and that the variance for the additional
2% of coverage was justified for the following reasons:
1. Exceptional and extraordinary circumstances do exist in that the
structure, as built, limits the use of the property by creating wind tunnel
effects diminishing the adequate use of the property.
2. The exception does not grant a special privilege in that the residents of
developed property in the area do not have the same site situation as does 6
St. Gabriel Ct. to enjoy proper usage of the property. '"
3. The exception is the minimum to make maximum usage of the property
in that the area to be enclosed would have diminished usage during periods
of inclement and/or windy weather.
4. The exception is not injurious to the neighborhood, nor is it inconsistent
with the purpose and intent of the Tiburon Zoning Ordinance and the
General Plan. There have been no complaints from adjacent property owners,
nor can they see nor are they impacted by the proposal.
Section 2. Decision.
A. Based on the findings set forth in Section I(B)(I) through Section I(B)(4),
the Council overrules the decision of the BAR made September 6, 1990,
grants the variance, and approves the design review application for this
project, subject to the first six conditions stated on pages 2 and 3 of the
September 6, 1990, staff report to the Board of Adjustments and Review
(BAR) for BAR Agenda Item 9.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on October 17.. 1990 by the following vote:
AYES:
COUNCILMEMBERS:
Coxhead, Thayer, Kuhn, Logan
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Friedman
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PETER B. LOG~,) MAYOR
Town of Tiburon .
ATTEST:
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THERESE M.