HomeMy WebLinkAboutTC Res 2013-06-19RESOLUTION NO. 17 -2013
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON DENYING AN APPEAL BY RICK AND LALITA WATERMAN
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
REDUCED FRONT YARD SETBACK AND EXCESS LOT COVERAGE,
ON PROPERTY LOCATED AT 4 SOUTHRIDGE EAST
(ASSESSOR PARCEL NO. 034 - 243 -03)
WHEREAS, on April 18, 2013 the Design Review Board held a public hearing on
a Site Plan and Architectural Review application (File #21307) filed by Maureen and George
Sandison for the construction of a new single- family dwelling, with variances for reduced
front yard setback and excess lot coverage, on property at 4 Southridge East; and
WHEREAS, at that hearing, the property owners at 36 Southridge West, Rick and
Lalita Waterman ("Appellants "), asked questions about the story poles for the project and
requested that the hours of construction for the project be limited to start no earlier than 9:00
a.m. The Design Review Board reviewed the proposed house design and determined that the
house fit into the scale of the property and the neighborhood and was consistent with the
principles of the Hillside Design Guidelines. The Board agreed that the findings for the
requested variances could be made as described in the staff report. Several Boardmenibers
noted the distance between the subject property and the appellants' home (approximately 300
feet) and determined that the proposed house would not create any substantive view or
privacy impacts on homes in the vicinity; and
WHEREAS, the Design Review Board voted 4 -0 to conditionally approve the
project; and
WHEREAS, on April 29, 2013, the appellants filed a timely appeal of the Design
Review Board's decision, raising issues relating to the construction hours and the applicant's
other development activities; and
WHEREAS, on May 30, 2013, after the appeal deadline, the appellants submitted
a document entitled "Amended Appeal of Design Review Board Action & Items Not
Required as Part of a Design Review Application," which raised new issues that were not
mentioned in the April 29, 2013 appeal and which Town staff rejected as untimely; and
WHEREAS, the project application consists of File #21307, 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 Report, minutes, application materials, and all comments and
materials received at the public hearing, and
Town Council Resolution No. 17 -2013 06/19/2013 Page 1 of 2
WHEREAS, on June 5, 2013, 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 other relevant provisions of the Zoning
Ordinance in its review of this project. The limitations on hours of construction and other
matters raised in the appeal are not within the purview of the Site Plan and Architectural
Review application process and do not constitute a basis for denying the application
before the Council; and
WHEREAS, the Town Council acknowledges that the applicant has
voluntarily agreed to limit construction activities for this project so that construction
workers cannot arrive at the work site before 7.30 a.m. and construction activities cannot
commence before 8.00 a.m., said provision to be applied at the building permit phase of
approval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon hereby denies the appeal of Rick and Lalita Waterman of the Design Review
Board's approval of the application (File #21307) for Site Plan and Architectural Review
approval for construction of a new single- family dwelling, with variances for reduced front
yard setback and excess lot coverage, on property located at 4 Southridge East.
PASSED AND ADOPTED at a regular meeting of the Town Council on June 19,
20131 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Doyle, Fraser, Fredericks, O'Donnell
None
One Vacant Seat
i
1
EMMETT O'DONNELL, MAYOR
TOWN OF TIBURON
ATTEST:
(7 A .
DIANE CRANE IAC0F TOWN CLERK
Town Council Resolution No. (Draft) -2013 06/19/2013 Page 2 of 2