HomeMy WebLinkAboutTC Res 2010-01-06 (3)RESOLUTION NO. 03-2010
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
GRANTING A PERIOD OF TIME FOR THE REAPPLICATION WITHOUT
ADDITIONAL PAYMENT OF FEES FOR A PROJECT AT
22 MERCURY AVENUE
WHEREAS, on October 21, 2009, the Town Council heard an appeal of the
Design Review Board's August 20, 2009 approval of a Site Plan and Architectural
Review application for the construction of a new single-family dwelling at 22 Mercury
Avenue (File #709047), filed by owners and applicants Jennifer and Samuel Dibble; and
WHEREAS, following extensive testimony at that hearing, the Town Council
voted to remand the item to the Design Review Board for further review, hearing, and
action. The Town Council provided specific direction to the applicants and the Design
Review Board to consider in further addressing privacy and other unresolved project
impacts as were identified by the Town Council at the appeal hearing; and
WHEREAS, the applicants have indicated a desire to pursue additional review
of a project approval for the property, but have indicated that it might be several months
before a revised application could be developed and submitted for review to the Design
Review Board for consideration; and
WHEREAS, the applicants have offered to formally withdraw the current
application provided that the Town would not assess new fees for the filing of a revised
application if such filing occurs within 18 months of the Town Council's remanding of
the item to the Design Review Board; and
WHEREAS, the Town Council finds that additional fees would not have been
required of the applicants in the regular course of remanding of the application to the
Design Review Board for further review, hearing and action; and
WHEREAS, the Town Council finds that a substantial delay in pursuit of the
application at this time may provide a valuable opportunity for thoughtful and reasoned
discussion and collaboration by the applicants and neighbors and is a prudent course of
action with no substantive economic effect on the Town.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon hereby agrees to waive the payment of application fees for a re-submittal of a
revised project application for 22 Mercury Avenue, said waiver to be valid for a period
not to exceed eighteen (18) months, for a submittal made prior to April 21, 2011, on the
conditions that: 1) the applicants withdraw in writing the pending application (File
#709047) within ten (10) calendar days of the adoption of this Resolution; and 2) any
revised project application benefiting from this waiver shall reasonably incorporate the
general direction of the Town Council from the October 21, 2009 appeal hearing in terms
of reducing privacy and other unresolved project impacts.
Tiburon Town Council Resolution No. 03-2010 01106110 Page I of 2
PASSED AND ADOPTED at a regular meeting of the Town Council on
January 6, 2010, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Collins, Fraser, Fredericks, O'Donnell, Slavitz
None
None
ICHARD COLLINS,'MAY
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Tiburon Town Council Resolution No. 03-2010 01106110 Page 2 of 2