HomeMy WebLinkAboutCC Resolution 7390 (81 McNear Drive)RESOLUTION NO. 7390
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
UPHOLDING THE PLANNING COMMISSION'S CONDITIONAL APPROVAL
AND DENYING THE APPEAL ON THE DESIGN REVIEW AMENDMENT
OF 81 McNEAR DRIVE
[ED84-40(c)]
WHEREAS, on April 16, 1986, the Zoning Administrator
heard a design review amendment which proposed numerous design
and material changes for the residence under construction at
81 McNear Drive. The Zoning Administrator's conditional approval
resulted in approval, modification and denial of various elements;
and
WHEREAS, on April 22, 1986, the Zoning Administrator's
decision was appealed to the Planning Commission by adjacent
residents, Mr. and Mrs. Jack Ryan. The appeal was based on
three issues:
(1) Approval of fieldstone application to a two story
turret;
(2) Approval of raised planters without specifying the
planting materials; and
(3) Approval of the constructed height of the boat storage
and racquetball court portion of the residence; and
WHEREAS, on June 10, 1986, the Planning Commission
heard the appeal. Upon the advice of legal counsel that the
entire matter was open to review, the Commission heard testimony
from the legal counsels to the applicant and appellants on
the merits of various design elements. After deliberation,
the Planning Commission upheld the Zoning Administrator's decision
on a 3-2 vote with a modification to condition (b) which would
permit cedar siding or stucco with wood rib trim at the option
of the applicant/owner; and
WHEREAS, on June 17, 1986, an appeal was filed with
the City Clerk by Mr. and Mrs. Jack Ryan, appealing:
(1) The failure of the Planning Commission to require
the design review conditions of approval to be recorded
against the property as a guarantee that the approved
landscaping would be maintained in perpetuity; and
(2) The modified condition (b) which would permit the
use of stucco with wood rib trim; and
RESOLUTION NO. 7390
WHEREAS, on July 7, 1986, the City Council held a
public hearing on the appealed design review amendment. Upon
the advice of legal counsel, the City Council concluded the
conditions of approval for a design review could not be recorded
against the property without the property owner's consent.
The Council affirmed the Planning Commission's decision that
the stucco with wood rib trim met the design review guidelines
and, as such, it was inappropriate for the City to deny the
property owner the proposed materials and design.
NOVO, THEREFORE, BE IT RESOLVED that the San Rafael
City Council denies the appeal and upholds the Planning Commission's
decision to conditionally approve the design review amendment.
The action is based on the following findings:
As modified by the conditions of approval, the proposed
amendment is consistent with the criteria established
for approving design review permits. Natural materials
and earthtone colors are utilized and the landscaping
provides screening to adjacent properties as well
as visually reducing the apparent height. The architecture,
while similar to an adjacent residence, maintains
its individuality through differing sizes, colors,
layouts, and forms.
The approval also recognizes the constructed 'height
of the boat storage/racquetball court portion of
the residence to be consistent with the original
design review approval by the Planning Commission
in that the difference in height is not significant
and is in keeping with the proportions of the originally
approved design.
Upon the advice of legal counsel, the City Council
acknowledges it cannot require through a design review
action that the conditions of approval be recorded
against the property without the consent of the property
owner. However, recordation of the conditions of
approval is considered unnecessary to enforce maintenance
of the design review conditions of approval. The
City requires a Report of Residential Building Record
prior to sale of all residential properties. The
report lists planning permits issued and conditions
of approval are attached to inform the new owner
of restrictions. The City has a Property 14aintenance
Ordinance requiring proper upkeep. It also is expected
that the property owner of this property at 81 McNear
will have the financial ability and desire to maintain
the property.
I•L
RESOLUTION NO. 7390
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and regularly
introduced and adopted at a regular meeting of the Council
of said City on Monday , the 21st day of July
1986, by the following vote, to wit:
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
J M. LEONCINi City Clerk
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