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HomeMy WebLinkAboutTC Res 1991-03-20 (2) RESOLUTION NO. 2772 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DENYING AN APPEAL AND AFFIRMING THE DECISION OF THE BOARD OF ADJUSTMENTS AND REVIEW APPROVING A REMODEL AND ADDITION AT 2 HACIENDA DRIVE WHEREAS, on January 3 and February 7, 1991, the Board of Adjustments and Review ("BAR") held duly noticed public hearings to consider an application to remodel and add on to an existing house at 2 Hacienda Court. After fully considering the application as revised along with all public testimony, the BAR approved the application; and WHEREAS, the BAR's decision was appealed in a timely manner by a group of neighbors objecting to the height and mass of the project, the removal of existing vegetation and incompatibility with the neighborhood; and WHEREAS, the Town Council held a public hearing on the appeal on March 6, 1991. After hearing and considering public testimony, documentary evidence and all other evidence presented, the Council by a 2-1 vote (Thayer and Friedman, yes; Logan, no; Coxhead and Kuhn, absent) to deny the appeal. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that: 1. The appeal of the BAR's decision is denied based on the following findings: (a) The addition, as modified, will not cause a significant loss of privacy to the residents of 4 Benton Court because of retention of the existing vegetation. The privacy of the other residents on Benton Court will not be affected. (b) Only one existing large tree will be removed as part of the project. (c) Due to the location of the lot and the house, the addition will not be incompatible with the homes on Benton Court or on Hacienda Drive. - 1 - 2. The BAR's approval is affirmed with the following additional conditions: (a) Applicant shall eliminate the windows on the west elevation of the second story guest bedroom. (b) Applicant shall use opaque glass in the upstairs bathroom windows. (c) The BAR should review the color scheme to select a color darker than that approved on February 7, 1991. (d) In reviewing the landscape plan for the project, the BAR should emphasize the preservation of existing vegetation, the use of new vegetation to preserve the privacy of 4 Benton Court and the materials used for the fence along the rear property line. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 20, 1991, by the following vote: AYES: COUNCILMEMBERS: Friedman, Thayer, Logan NOES: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Coxhead, Kuhn (f;~ .~ PETER B. LO , MAYOR Town of Tiburon ATTEST: (t~nr.~ THERESE M. HENNESSY, WN CLERK - 2 -