HomeMy WebLinkAboutTC Res 1999-09-15
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RESOLUTION NO. 3365
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TmURON REGARDING THE DENIAL OF AN
APPEAL BY ALFRED AND JUDE AGAJAN OF SITE PLAN
AND ARCIDTECTURAL REVIEW WITH A VARIANCE
FOR EXCESS LOT COVERAGE AT 696 HILARY DRIVE
WHEREAS, the Town Council of the Town ofTiburon does resolve as follow:
Section 1.
Recitals of Fact:
I. On July 7, 1999, Marc and Jean Gineris ("Applicants") applied to the Town for Site Plan and
Architectural Review for the construction of two minor additions to an existing single-family
home located at 696 Hilary Drive. This application included a variance to allow excess lot
coverage.
2, 696 Hilary Drive is located in the R-l Zone, The standard maximum lot coverage for
properties in this zone is 30%, which would allow 2,490 square feet of development on the
project site, The requested variance would allow 2,742 square feet of development.
3,
On July 15, 1999, the Design Review Board considered the application, receiving oral and
written testimony regarding the project After considering all evidence in the record, the
Board approved the project, including the variance requested by Applicants,
4,
On July 26, 1999, Alfred and Jude Agajan ("Appellants") filed a timely appeal of the Board's
decision, This appeal contended that said decision was not supported by evidence in the
record and that the project would adversely affect the privacy of the adjoining property at 694
Hilary,
5,
On September I, 1999, the Town Council held a duly noticed public hearing on the appeal,
After considering public testimony and all other evidence in the record, the Council
determined to deny the appeal and uphold the findings and decision of the Design Review
Board, which findings and decision are incorporated herein by this reference. However, the
Council determined to add the condition that the Applicants install additional landscaping to
protect the privacy of residents at 694 Hilary Drive,
6.
In addition to the findings made by the Design Review Board, the Council found, based on
the evidence in the record, that because of the steep grade, of the property, Applicants
required a large deck in order to have usable outdoor space. Accordingly, strict application
of the coverage maximum would deny Applicants' the ability to have a residence of a size
comparable to,those enjoyed by owners of similarly-sized properties in the R-l Zone, The
Council also found that (i) the variance would not result in any special privileges inconsistent
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with other properties in the area, as other variances have been granted in the vicinity; (ii) the
strict application of the Town's maximum lot coverage regulations would result in practical
difficulty or hardship, in that it would require the Applicants to either remove their deck,
eliminating the property's usable outdoor space, or forego having a house consistent in size
with comparable properties in the area; and (iii) the granting of the variance will not be
detrimental to the public welfare or injurious to other properties in the area, as the only
impacted other property will be protected by the additional landscaping.
Section 2.
Resolution of Decision.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Tiburon to
deny the appeal of Alfred and Jude Agajan and uphold the decision and findings of the Design Review
Board, provided that the Applicants' approval shall be subject to the following additional condition:
Applicants shall prepare a landscaping plan that augments vegetative screening
between the subject property and the neighbor at 694 Hilary Drive. The
Planning Director or his designee must approve this plan before the Town
issues a building permit for the project. Applicants must complete installation
of the landscaping plan prior to final inspection of the project by the Town
Building Department and shall thereafter maintain said landscaping.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon
on September 15, 1999, by the following vote:
AYES:
NOES:
ABSENT:
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TOM GRAM, VICE MAYOR
Town ofTiburon
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D L. CRANE, TOWN CLERK
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