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HomeMy WebLinkAboutTC Res 1990-09-19 (2) RESOLUTION NO. 2739 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DENYING APPEAL OF DESIGN REVIEW ACTION ON A NEW RESIDENCE AT 118 REED RANCH ROAD (HILLER) THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES HEREBY RESOLVE AND FINDS AS FOLLOWS: Section 1. Background, Record and Findings. A. On June 28, 1990, and July 26, 1990, the Design Review Board (DRB) held a public hearing to consider the approval of the design of a residence at 118 Reed Ranch Road. After fully considering the project, and the testimony received, the DRB denied the project. The DRB's action was appealed to the Town Council. B. On September 5, 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 certain elements of the design of the structure were unsatisfactory and, in particular, encroachment of the pool deck outside the building envelope, and remanded the matter to the DRB. C. At the September 5, 1990 Town Council meeting, a hearing was held to consider the merits of the appeal, and, in accordance with section 19(D) of the Zoning Ordinance, to take final and conclusive action to either affirm, reverse or modify the decision of the DRB. At the hearing, the Council received an oral staff report from the Planning Director. Staff also provided the Council with considerable background information and prior minutes of DRB meetings where this matter has been deliberated. The Council has reviewed and considered the information provided to it by staff. The Council considered the written Appeal dated 8/7/90 filed by Gene Hiller. The Council received oral testimony from the appellant and interested members of the public. Section 2. Decision. BASED ON THE RECORD BEFORE IT, AND THE TESTIMONY RECEIVED, THE COUNCIL FINDS, RESOLVES AND DECIDES AS FOLLOWS: A. The color selection for the house should be re-evaluated. B. The copper roof should be replaced with a slate roof. C. The pool and all other structures should be entirely within the building envelope in accordance with the Ring Mountain Development Agreement. D. The height should be re-evaluated to see if it can be reduced without destroying the building proportions. E. The landscape plan should be reviewed for appropriateness and to avoid overplanting. F. Based on the findings and prior determination set forth in this section 2, and based on the findings set forth in section 1, the Council incorporates the findings and decision of the DRB reflected in the minutes of their June 21, 1990, and July 26, 1990, meetings, and denies the appeal in its entirety, and upholds the decision of the Design Review Board (DRB) denying the design review application for this project. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 19, 1990 by the following vote: AYES: COUNCILMEMBERS: Friedman, Coxhead, Kuhn, Thayer NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: ATTEST: b~'~CLERK