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HomeMy WebLinkAboutTC Res 1999-11-03 / r-- RESOLUTION NO. 3377 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON APPROVING AN AMENDMENT TO THE MIRAFLORES PRECISE DEVELOPMENT PLAN (pD #21) TO AMEND THE PRIMARY BUILDING ENVELOPE FOR 2 MIRAFLORES LANE ASSESSOR PARCEL NO. 39-271-21 WHEREAS, on June 23, 1999, the Planning Commission held a public hearing to consider the approval of an amendment to the Miraflores Precise Development Plan to request the expansion of the primary and secondary building envelopes of an existing single-family residence on property located at 2 Miraflores Lane, proposed by Davood Sadeghi ("Applicant"), the owner of the property; and WHEREAS, after receiving public testimony and considering the application, the Commission determined that the amendment to the primary building envelope to convert and expand an existing bedroom into a cabana would solve an internal circulation problem without creating additional visual or aural intrusion for neighboring property owners, and would be consistent with this zoning regulation. However, the Commission also found that the proposed r-- amendment to the southern side of the house would result in a side yard setback significantly smaller than those found on other properties within this subdivision or other surrounding neighborhoods, and would be inconsistent with this zoning regulation. The Commission found that the marginal increase in floor area represented by the cabana addition would not be inconsistent with Policy LU-22 of the Land Use Element, which states that "the Town shall adopt housing size limitations for residential development;" and WHEREAS, on July 14, 1999, the Planning Commission adopted Resolution No. 99-07 recommending to the Town Council that a portion of the Precise Development Plan Amendment be approved; and WHEREAS, on November 16, 1999, after hearing all testimony and reviewing all documents on the record, including the plans modified as recommended by the Planning Commission, the Town Council concurred with the findings made by the Planning Commission, and found that the proposed Precise Development Plan Amendment, as amended, would be consistent with the Town Zoning regulations and the Tiburon General Plan. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve of the adjustment to the primary building envelope for the property at 2 Miraflores Lane established by the Miraflores Precise Development Plan, subject to the following conditions: ,,--. Tiburon Town Council Resolution No. 3377 11/16/99 1 .i r-- 1. The primary building envelope for the property located at 2 Miraflores Lane is adjusted to the configuration and location indicated by Area "A" shown on drawings dated June 2, 1999 (one page) prepared by Tim Casey, said drawing being on file with the Tiburon Planning Department. 2. The proposed addition indicated by Area "B" shown on drawings dated June 2, 1999 (one page) prepared by Tim Casey, said drawing being on file with the Tiburon Planning Department, is not approved. 3. The Design Review Board is encouraged to carefully review the building addition "c" in consideration of concerns raised by downhill neighbors and the present nonconforming floor area of the house. It is suggested that the design of this addition be scaled back from the plans shown on drawings dated June 2, 1999 (Page 4 of6) prepared by Tim Casey, and that the expansion be limited to a furnishable space, with a depth reduced from 11 feet to 7 feet 6 inches. 4. This Precise Development Plan Amendment approval shall be valid for 36 months following its effective date, and shall expire unless subsequent zoning and/or building permits have been issued pursuant to this approval. A time extension may be granted if such request is filed prior to the expiration date. r-- 5. This approval shall in no way alter other provisions of the Miraflores Precise Plan not specifically described herein. PASSED AND ADOPTED at a regular meeting of the Town Council on November 16, 1999, by the following vote: AYES: COUNCILMEMBERS: Bach, Gram, Matthews NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: V~~hO~PSO; :4/'~- / TOM GRAM, MAYOR TOWN OF TffiURON ATJri!u ;J ~ /11 DIANE CRANE t:..{oPI~OWN CLERK ",..... H:dwatrouslresolutionsffC3990S.resolution.doc Tiburon Town Council Resolution No. 33n 11/16/99 2 -