HomeMy WebLinkAboutTC Res 2017-11-01 RESOLUTION NO. 32-2017
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON DENYING AN APPEAL OF THE
DENIAL OF AN ENCROACHMENT PERMIT FOR A
PROJECT LOCATED AT 31 APOLLO ROAD
WHEREAS, on September 18, 2017, Richard Greenberg ("Owner") owner of 31 Apollo
Road in Tiburon, California, applied to the Town for Encroachment Permit No. EP 17-128 for
after-the fact legalization of the replacement of a fence portion located within the public right-of-
way of Mercury Avenue ("Project"); and
WHEREAS, the Project application included drawings which Town staff accepted for
purposes of determining if the Project complied with the Town's adopted policy governing
encroachment permits, set forth in Town Council Resolution No. 45-2014 ("Encroachment
Policy"); and
WHEREAS, on September 18, 2017, the Town's Public Works Director/Town Engineer
denied the Project application as inconsistent with Section D.1 of the Encroachment Policy on
the basis that legalization of the as-built fence would privatize the affected area for the exclusive
use or benefit of one or a limited number of individual owners in lieu of the general public; and
WHEREAS, on September 18, 2017, Owner filed a timely appeal of the decision; and
WHEREAS, on October 18, 2017, the Town Council held a public hearing to consider
the appeal; and
WHEREAS, after hearing all testimony and reviewing the appeal, the Town Council
upheld the determination of the Public Works Director/Town Engineer that the Project would not
be consistent with the Encroachment Policy; and
WHEREAS, the Town Council voted 3-2 (Fraser and Kulik dissenting) to direct staff to
return with a draft resolution for consideration at the next meeting that would formalize the
denial of the appeal.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
does hereby deny the appeal of the application for encroachment permit at 31 Apollo Road.
PASSED AND ADOPTED at a regular meeting of the Town Council on November 1,
2017, by the following vote:
AYES: COUNCILMEMBERS: Fraser. Fredericks, Kulik, O'Donnell, Thier
7I13URON TOYVN COUNCIL RESOLUTION NO. 32-2017 11101/2017
NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JIM F S A R
TO O - T URON
ATTEST:
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LEA STEFANI, TowN CLERK
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T113RON TOWN COUNCIL RESOLUTION NO. 32-2017 11/01/2017