HomeMy WebLinkAboutTC Res 1999-12-01 (4)
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RESOLUTION NO. 3381
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON
REGARDING THE DENIAL OF AN APPEAL BY LES AND MAXINE HEMBREE
OF THE APPROVAL OF SITE PLAN AND ARCIDTECTURAL REVIEW
FOR PROPERTY LOCATED AT 160 SOLANO AVENUE
WHEREAS, on August 5, 1999, the Design Review Board held a public hearing to
consider the approval of a Site Plan and Architectural Review application for construction of a
second single-family dwelling at 160 Solano Avenue, proposed by Margaret May; and
WHEREAS, after receiving public testimony, including concerns raised by neighboring
property owners regarding the potential view and privacy impacts which would be caused by the
proposed house, the Board determined that the proposed structure would have a significant
impact on the views from the living room and deck ofthe adjacent home at 172 Solano Avenue,
and continued the request, with direction to the applicant to prepare additional information,
including a more thorough examination of a one-story alternative, and to address some of the
concerns raised by the neighboring property owners; and
_ WHEREAS, on September 16, 1999, the Design Review Board held the continued public
hearing, and, after considering public testimony and revised plans which shifted the second story
portion of the structure 4.5 feet to the rear and modified the roofto create a single peak,
determined that the proposed house would only block a peripheral portion of the panoramic views
currently enjoyed from the adjacent home at 172 Solano Avenue, would be consistent with the
Hillside Design Guidelines, and was consistent with the character of the surrounding Old Tiburon
neighborhood, and unanimously approved (by a vote of3-0) the Site Plan and Architectural
Review application for this property; and
WHEREAS, on September 27, 1999, Les and Maxine Hembree ("Appellants"), owners of
the adjacent property at 172 Solano Avenue, filed an appeal of the Board's decision to approve
this application; and
WHEREAS, on November 3,1999, the Town Council of the Town of Tiburon held a
duly-noticed public hearing on the appeal; during which public testimony was heard, and
continued the hearing with the direction that additional information be prepared regarding the
story poles for the proposed house and plans illustrating the story poles be submitted; and
WHEREAS, on November 16, 1999, the Town Council held the continued public hearing
and heard additional testimony related to the story poles and reviewed revised plans that cut off a
corner of the second story portion of the proposed dwelling, which modification further reduced
the project's impact on Appellants' view; and
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Tiburon Town Council
Resolution No. 3381
12/1/99
1
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WHEREAS, after hearing all testimony and reviewing all documents in the record, the
Town Council found that: 1) the Appellants have a panoramic view from their ceremonial areas,
which can accept more view blockage than a smaller slot view, in conformance with Goal 3,
Principle 7 (E) of the Hillside Design Guidelines; 2) the proposed structure would impact only a
peripheral side portion of the Appellants' views, which is less damaging than blockage of the
center of the view, in conformance with Goal 3, Principle 7 (C) of the Hillside Design Guidelines;
and 3) the Design Review Board correctly applied the guidelines for Site Plan and Architectural
Review applications in reviewing and approving this request; and
WHEREAS, based on the above findings, the Council determined to deny the appeal by
the Owner and uphold the Design Review Board's approval of the project, as modified by the
plans submitted by the applicant at the Council meeting of November 16, 1999 (a vote of3-0).
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon memorializes that the appeal ofLes and Maxine Hembree was denied, on November 16,
1999, as set forth in this resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council on December 1,
1999, by the following vote:
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AYES:
COUNCILMEMBERS:
Bach, Hennessy, Matthews, Thompson
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Gram
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TOWN OF TffiURON
ATTEST:
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Tiburon Town Council
Resolution No. 3381
12/1/99
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