HomeMy WebLinkAboutTC Res 2009-03-04 (2)RESOLUTION NO. 04-2009
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
PARTIALLY GRANTING AN APPEAL BY GRACE WEI & GREG BORTON OF
THE APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW FOR
CONSTRUCTION OF A SINGLE-FAMILY DWELLING ON PROPERTY LOCATED AT
5035 PARADISE DRIVE
WHEREAS, on December 4, 2008, the Design Review Board held a public
hearing to consider the approval of a Site Plan and Architectural Review application to
construct a new single-family dwelling, Town File #708193, for property located at 5035
Paradise Drive, proposed by Helene Marsh ("Applicant"); and
WHEREAS, at that hearing, the neighboring property owners at 5045
Paradise Drive raised concerns that the proposed new home would impact views and
privacy; and
WHEREAS, after receiving public testimony, the Design Review Board
directed the applicant to consult with the neighbor and to revise the project in order to
decrease the potential view impact of the proposed house, and continued the item to
the January 15, 2009 meeting; and
WHEREAS, the Design Review Board heard the item again at its meeting on
January 15, 2009. The Board reviewed the revised plans for the project, which included
shifting the proposed home six (6) feet towards the rear of the property and the reducing
the overall height of the proposed home by approximately four (4) feet in order to
reduce view obstructions from the residence at 5045 Paradise Drive. The Board heard
additional public testimony from the neighboring property owners regarding potential
view and privacy impacts created by the proposed home; and
WHEREAS, after receiving public testimony, the Design Review Board
concluded that the design was in conformance with the Guiding Principles of Site Plan
and Architectural Review and with the Tiburon Hillside Design Guidelines. The Board
voted 3-1, (Boardmember Wilson dissenting), to conditionally approve the project; and
WHEREAS, on January 26, 2009, the owners of the adjacent property at
5045 Paradise Drive, Grace Wei and Greg Borton, ("Appellants"), filed a timely appeal
of the Board's decision, objecting to the design of the approved new home; and
WHEREAS, on February 18, 2009, the Town Council held a duly-noticed
hearing on the appeal, during which testimony was heard and considered regarding the
proposed new home and the Design Review Board's review of the application; and
WHEREAS, after hearing all testimony and reviewing all documents in the
record, the Town Council agreed with appellants that portions of the second story of the
proposed home and its west elevation facing 5045 Paradise Drive would result in
TIBURON TOWN COUNCIL RESOLUTION NO.04-2009 Adopted 03/04/2009 Page 1
possible view impacts on the neighboring residence and excessive unarticulated
building mass, when viewed from the adjacent home; and
WHEREAS, the Town Council voted unanimously to direct Staff to prepare a
resolution partially granting the appeal.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon hereby partially grants the appeal of Grace Wei and Greg Borton of the
Design Review Board's decision by adding the following condition of approval to those
set forth by the Design Review Board:
19. The second story master bedroom shall be rotated 90 degrees away
from the west side property line and the master bedroom shall be
reduced in size to interior dimensions of fourteen (14) feet by
seventeen (17) feet.
20. The exterior material of second story master bedroom facing the
property at 5045 Paradise Drive shall be changed to wood siding
matching other portions of the home.
21. One master bedroom window facing the property at 5045 Paradise
Drive shall be eliminated.
22. Planning Division Staff shall review and approve measures to
decrease light pollution from the stairwell window facing the property at
5045 Paradise Drive including one or more of the following: reduction
in window size, reduction in light transmission or architectural
screening.
23. Obscure glass shall be installed in the bathroom window facing the
property at 5045 Paradise Drive.
PASSED AND ADOPTED at a regular meeting of the Town Council on March
4, 2009, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS
Berger, Collins, Fredericks, Gram
None
Slavitz
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACO I, TOWN CLERK
TIBURON TOWN COUNCIL RESOLUTION NO.04-2009 Adopted 03/04/2009 Page 2