HomeMy WebLinkAboutTC Res 1991-05-15 (2)
RESOLUTION NO. ~
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 TO DENY SITE PLAN AND ARCHITECTURAL
REVIEW FOR 1860 CENTRO WEST (WILLIAMS)
WHEREAS, on August 2, October 18, and November 15, 1990, and February
21 and March 21, 1991, the Board of Adjustments and Review ("BAR") held duly
noticed public hearings to consider an application by Mr. and Mrs. David Williams
to replace an existing duplex with a new duplex at 1860 Centro West along with an
associated variance; and
WHEREAS, after fully considering the application, all revisions proposed by
the applicants and all other oral, written and documentary evidence submitted, the
BAR denied the application without prejudice; and
WHEREAS, the BAR's decision was appealed by the Williams' in a timely
manner; and
WHEREAS, the Town Council held a public hearing on April 17, 1991, at
which public testimony was received. The hearing was conducted de novo and the
Williams' and other witnesses were allowed to present new evidence. After
considering all of the new evidence and testimony as well as the record from the
BAR, the Council unanimously (Kuhn and Logan absent) voted to deny the appeal.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town
of Tiburon that the appeal from the decision of the BAR denying site plan approval
and a variance for 1860 Centro West is denied and the BAR's decision affirmed
based on the following findings:
1. The application was deemed complete on August 2, 1990, and was
processed under the zoning ordinance in effect on that date,
Ordinance No. 9 N.S. as amended. The Town's current zoning
ordinance, Ordinance No. 360 N.S., was not applied to this project.
2. The application was processed within the timelines set forth in the
Permit Streamlining Act, Government Code Sections 65920-65960.
3. The necessary findings for a variance were not made. There was no
showing that the variance requested is the minimum necessary for the
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reasonable use of the property. The current duplex has ofTstreet
parking without a front yard variance and applicant did not establish
this much of an encroachment would be required for a dwelling on
this site. In addition, the location of the garages and parking in the
front setback could be dangerous in light of the position of the lot on
the road and is burdensome in view of the existing traffic and parking
on this very narrow, winding road.
4. The application does not conform with the purposes or guiding
principles of the Town's site plan review process, found in Section
11.I(B) and (E). In particular, the proposed duplex does not conform
in the following areas:
(a) View Considerations
The proposed landscaping plan would block the bay views of
the residents at 1844-46 Centro West. In addition, the change
from one building which is below street level to two buildings
and garages above street level would almost completely
eliminate the existing major bay view corridor enjoyed by the
general public along Centro West. Protection of such view
corridors is encouraged by both the General Plan and Zoning
Ordinance. [Section 11.I(E)(I)]
(b) Privacy
Even with the proposed landscaping, the project would
materially impact the privacy of the residents at 1855-57 Mar
West, located directly beneath the project. The project would
present a thirty to forty foot vertical face within twenty feet of
the outdoor patios and living space at 1855-57 Mar West.
[Section 11.I(E)(l)]
(c) Physical Constraints on Site
The proposed project fails to adequately address the
topographic and other physical constraints of the site, which is
long, narrow and steep and fronts on a curve in Centro West,
a narrow, winding road. The project proposed would replace
an existing 1,700 square foot duplex with one driveway ofT
Centro West with two buildings totalling approximately 8,000
square feet. Each unit would have a garage and driveway only
fifteen feet from the street which is narrow and curving at that
point. [Section 11.1(E)(1)]
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(d) Excessive Gradin2
The proposed project would require excavation and removal
from the site of over 1,300 cubic yards of earth and rock and
require 120 truck loads of dirt to be brought out and 30 truck
loads of cement to be brought in. [Section 11.I(E)(2)]
(e) Size and Bulk
The size of the project (approximately 8,000 square feet) as well
as the bulk and mass of the buildings is incompatible with the
character of the Old Tiburon neighborhood and the Design
Review Guidelines. Many of the homes shown in photos
submitted by the applicants were either built prior to the
current Design Review Guidelines, failed to comply with the
Guidelines, or were not even located in Old Tiburon. [Section
11.I(E)(3)]
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on May 15, 1991, by the following vote:
AYES:
COUNCILMEMBERS:
Friedman, Coxhead, Logan,
Thayer
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Kuhn
ATIEST:
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