Reso 6338 i
DIR-2005-20 (Appeal)
� CITY OF CUPERTINO
� 10300 Torre Avenue
i Cupertino, California 95014
RESOLUTION NO. 6338 (denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
� DENIAL OF AN APPEAL AND TO UPHOLD THE DESIGN REVIEW COMMITTEE'S
DENIAL OF A DIRECTOR'S MINOR MODIFICATION FOR AN ATTACHED ACCESSORY
' STRUCTURE TO AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 21161
CANYON OAK WAY.
� SECTION I: PRO ECT DESCRIPTION
' Application No.: DIR-2005-20
i Applicant: Horst Von Bloes (Fry residence)
Location: 21161 Canyon Oak Way
i
' SECTION II: FINDINGS
' WHEREAS, the Planning Commission of the City of Cupertino received an appeal of a
Design Review Committee decision to deny a Director's Minor Modification for an attached
i accessory structure (greenhouse) to the rear of an existing single-family residence; and
WHEREAS, the Design Review Committee denied the Director's Minor Modification, DIR-
� 2005-20, on August 4, 2005; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
� Ordinance of the City of Cupertino, and the Planning Commission has held one or more
� public hearings on this matter; and
WHEREAS, the applicant has not met the burden of proof required to support said
application; and has not satisfied any of the following requirements:
1. The proposal, at the proposed location, will not be detrimental or injurious to property
or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
2. The proposal is consistent with the Cupertino General Plan, zoning ordinance and the
purposes of this title;
3. The proposal is consistent with the requirements of the Oak Valley Planned
, Development area;
4. The proposal is harmonious in scale and design with the general neighborhood; and
5. Adverse visual impacts on adjoining properties have been reasonably mitigated.
Resolution No. 6338 DIR-2005-20 (Appeal) November 22, 2005
Page 2
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the Director's Minor Modification application is hereby
recommended for denial; and
That the subconclusions upon which the findings specified in this resolution are based are
contained in the public hearing record concerning Application DIR-2005-20 as set forth in the
Minutes of the Planning Commission meeting of November 22, 2005, and are incorporated by
reference as though fully set forth herein.
PASSED AND ADOPTED this 22nd day of November 2005, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES: COMMISSIONERS: Vice-Chair Miller, Saadati, Chen, Giefer
NOES: COMMISSIONERS: Chairman Wong
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
,
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Ciddy Wordell Gilbert Wong
City Planner Planning Commission
G: � Planning � PDREPORT � RES � 2005 � DIR-2005-20 appeal res