HomeMy WebLinkAboutTC Res 1999-08-18
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RESOLUTION NO. 3357
A RESOLUTION OF THE TIBURON TOWN COUNCIL APPROVING AN
AMENDMENT TO THE SETTLEMENT AGREEMENT WITH DIXON
AND SHARON POWERS AFFECTING FOR PROPERTY LOCATED AT
885 B, C & D TIBURON BOULEVARD
(ASSESSOR PARCEL NO. 55-261-11)
WHEREAS, the Tiburon Town Council does resolve as follows:
Section 1. Findings.
1. The Powers are the owners of a .95-acre parcel located at 885B, C and D Tiburon Boulevard
in the Town ofTiburon ("Property"). The Property is in the R-l zoning district, which allows
a maximum of one unit per parcel. There are presently three units on the Property, consisting
of a single-family home ("Existing House") and a duplex ("Existing Duplex"), These
improvements are legal non-conforming uses.
2,
On June 3, 1998, the Town and the Powers entered into a document entitled Settlement
Agreement and Mutual General Release, which Agreement provided for the subdivision of
the Property into three parcels, This subdivision would create a new Lot 3 that could be
developed with a new single-family home. In considering the subdivision of the Property, the
Council was particularly concerned that the density of the Property should not increase,
Accordingly, under Paragraph LA of the Agreement, the Powers agreed that, prior to the
recordation of the parcel map for the subdivision, they would convert the Existing Duplex
into a single-family dwelling unit.
3. On May 2, 1999, the Powers requested that the Town amend the Agreement to extend the
time for converting the Existing Duplex into a single-family dwelling unit. The stated purpose
of this request was to extend the period of time during which the current occupants of the
Existing Duplex could reside therein,
4, On August 4; 1999, after considering the Powers' request and public testimony therein, the
Council decided to amend Paragraph LA of the Agreement so as to require the conversion
of the Existing Duplex prior to the issuance of a Certificate of Occupancy for Lot 3, The
Council found that this amendment would allow the current occupants the desired additional
period of residency while still insuring that at no time would there be more than three dwelling
units on the Property.
Tiburon Town Council
Resolution No. 3357
August 18, 1999
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Section 2. Aooroval of Settlement Agreement.
NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon
does hereby approve the Amendment to the Agreement, which is attached hereto and
incorporated herein by reference, and authorizes the Town Manager to execute the Amendment
on behalf of the Town.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on
August 18, 1999, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Bach, Hennessy, Matthews, Thompson
None
Gram
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MOGENSBACH,MAYOR
TOWN OF TIBURON
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DIANE L. CRANE, TOWN CLERK
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Tiburon Town Council
Resolution No. 3357
August 18, 1999 2