HomeMy WebLinkAboutTC Res 2012-09-19 (2)RESOLUTION NO. 35-2012
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON DENYING AN APPEAL BY LYNN AND MARK GARAY
OF THE DESIGN REVIEW BOARD'S APPROVAL OF SITE PLAN AND
ARCHITECTURAL REVIEW APPROVAL FOR THE CONSTRUCTION
OF A NEW SINGLE-FAMILY DWELLING, WITH VARIANCES FOR
EXCESS LOT COVERAGE AND EXCESS FENCE HEIGHT, AND A
FLOOR AREA EXCEPTION,
ON PROPERTY LOCATED AT 440 RIDGE ROAD
(ASSESSOR PARCEL NO. 059-082-21)
WHEREAS, on April 19, 2012 the Design Review Board held a public meeting
on a Site Plan and Architectural Review application (File #21204) filed by Ridge Road, LLC
for the construction of a new single-family dwelling, with a variance for excess lot coverage,
on property at 440 Ridge Road; and
WHEREAS, at that meeting, the neighboring property owner at 430 Ridge Road
objected to the design of the proposed house when viewed from below and the location of the
proposed swimming pool close to the property line. The Design Review Board shared many
of these concerns and encouraged the applicants to redesign the two-story portion of the
building, relocate or shield the swimming pool and consider an overheight fence along the
property line shared with 430 Ridge Road. The Design Review Board continued the
application to the June 7, 2012 meeting; and
WHEREAS, on June 7, 2012, the Design Review Board reviewed revised plans
for the project which also included requests for a variance for excess fence height and a floor
area exception. The fence would have a height of 7 feet, 8 inches along a 22.5 foot long
portion of the shared property line with 430 Ridge Road. The Design Review Board
reviewed the revised house designs and determined that the house fit into the scale of the
property and the neighborhood. The Board determined that the proposed fence height was
adequate to address any potential privacy concerns from the home at 430 Ridge Road; and
WHEREAS, the Design Review Board was able to make the findings necessary to
approve the requested variances and exception and in particular found that without the
variances, the surrounding development would unfairly limit the size of the home relative to
the surrounding development; that this constituted practical difficulty and hardship that was
not self-created and that the variances would not harm the public welfare or injure other
properties in the vicinity; and
WHEREAS, the Design Review Board was able to make the findings necessary to
approve the requested exception and in particular found that the visual size and scale of the
proposed structure was compatible with the existing structures in the surrounding
neighborhood and with the physical characteristics of the site; and
Town Council Resolution No. 35-2012 09/19/2012 Page 1 of 3
WHEREAS, the Design Review Board voted 3-0 to conditionally approve the
project; and
WHEREAS, on July 18, 2012 Lynn and Mark Garay ("Appellants") filed a timely
appeal of the Design Review Board's decision; and
WHEREAS, the project application consists of File #21204, on file with the Town
of Tiburon Community Development Department. The official record for this project
application is hereby incorporated and made part of this resolution. The record includes,
without limitation, the Staff Reports, minutes, application materials, and all comments and
materials received at the public hearings, and
WHEREAS, on September 5, 2012, the Town Council held a duly-noticed public
hearing on the appeal, during which testimony was heard and considered regarding the
proposed project and the Design Review Board's review of the application; and
WHEREAS, the Town Council finds that the project is exempt from the
requirements of the California Environmental Quality Act per Section 15303 of the
CEQA Guidelines; and
WHEREAS, after hearing all testimony and receiving all documents in the
record, the Town Council agreed with the findings and conclusions of the Design Review
Board regarding this application. The Town Council determined that the Design Review
Board appropriately applied the guiding principles for Site Plan and Architectural
Review, the Hillside Design Guidelines and the California Environmental Quality Act in
its review of this project. The proposed house design would be compatible with the
surrounding neighborhood. The potential impacts of the proposed house from the
appellants' residence have been minimized by the revisions made to the house design.
The information presented by the applicant was adequate to make an informed decision
on the application; and
WHEREAS, the evidence presented by appellants was not sufficient to refute
the Design Review Board's findings in support of the variances and the exception and the
Council agreed with said findings.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon hereby denies the appeal of Lynn and Mark Garay of the Design Review Board's
approval of the application (File #21204) for Site Plan and Architectural Review approval for
construction of a new single-family dwelling, with variances for excess lot coverage and
excess fence height, and a floor area exception, on property located at 440 Ridge Road.
Town Council Resolution No. 35-2012 09/19/2012 Page 2 of 3
PASSED AND ADOPTED at a regular meeting of the Town Council on
September 19, 2012, by the following vote:
AYES: COUNCILMEMBERS: Doyle & Fraser
NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: Collins
ABSENT: COUNCILMEMBERS: Fredericks
RECUSED: COUNCILMEMBERS: O'Donnell 4 /
JIM F S Iii; 2vIAYOR
TOWN dF TIBURON
ATTEST:
DIANE CRANE I COPI, TOWN CLERK
Town Council Resolution No. 35-2012 09/19/2012 Page 3 of 3