HomeMy WebLinkAboutTC Res 2013-06-05RESOLUTION NO. 16 -2013
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON GRANTING AN APPEAL OF THE BUILDING OFFICIAL'S
DENIAL OF AN UNDERGROUNDING HARDSHIP EXCEPTION FOR
A PROJECT LOCATED AT
12 APOLLO ROAD
WHEREAS, on September 10, 2012, the Town of Tiburon issued a building permit ( #12-
446) for demolition of an existing single family dwelling and construction of a new single family
dwelling located at 12 Apollo Road; and
WHEREAS, on April 10, 2013, Town staff became aware during a routine inspection that
the electrical service panel had been installed without complying with the electrical
undergrounding requirements set forth in Chapter 12A of the Municipal Code; and
WHEREAS, property owners Jonathan Lacey and Kristina Wollan subsequently filed for
an undergrounding hardship exception, which application was denied by the Building Official;
and
WHEREAS, the property owners filed a timely appeal of the decision on April 17, 2013;
and
WHEREAS, on May 15, 2013, the Town Council held a public meeting to consider the
appeal; and
WHEREAS, after hearing all testimony and reviewing the appeal, the Town Council
determined that miscommunication with the Town had played a role in the failure to comply with
required undergrounding provisions and that the property owners had demonstrated sufficient
hardship for the appeal to be granted; and
WHEREAS, the Council does not intend this case as setting a precedent with respect to
Town Policy, but as a basis for directing staff to improve the Town's procedure for
communicating building requirements; and
WHEREAS, the Town Council voted 4 -0 to direct staff to return with a draft resolution
for consideration at the next meeting that would grant the appeal on that basis.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
does hereby grant the appeal and approve the undergrounding hardship exception for 12 Apollo
Road.
TIBURON TOWN COUNCIL RESOLUTION NO. 16 -2013 6/5/2013
PASSED AND ADOPTED at a regular meeting of the Town Council on June 5, 2013, by
the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
/ 7
DIANE CRANE IACOPI, TOWN CLERK
Doyle, Fraser, Fredericks, O'Donnell
None
One Vacant Seat
r�
EMMETT O'DONNELL, MAYOR
TOWN OF TIBURON
TIBURON TOWN COUNCIL RESOLUTION NO. 16 -2013 615/2013