Reso 4703 Appeal of 1-V-96
CITY OF CUPERTINO
10300 Torre Avenue
� Cupertino, California 95014
` RESOLUTION NO. 4703
� OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
i
DENIAL OF THE APPEAL OF A VARIANCE TO CONSTRUCT A SINGLE-FAMILY
RESIDENCE OF 2,700 SQ. FT. OR A FLOOR TO AREA RATIO OF .48 WHICHEVER IS LESS
IN A PRE-R1-7.5 ZONING DISTRICT AT 10496 BYRNE AVENUE, ASSESSOR PARCEL
� NUMBER 357-14-012
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino has received an appeal of a Variance
application no. 1-V-96, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Appeal procedures
stated in CMC Section 19.136, and the Planning Commission has held at least one Public Hearing on
this matter; and
WHEREAS, the applicant has not meet the burden of proof required to support the appeal of the
variance, in that:
1) There are numerous unimproved corner lots of various sizes in the district and they by their nature
and circumstances are required to dedicate a larger proportional share of land for street widening
purposes. The dedication of two 10-foot wide strips of land is somewhat exceptional for the area,
although a buildable lot remains after dedication.
2) The granting of the applicant's request of a.55 FAR variance is not necessary for the preservation
and enjoyment of substantial property rights of the applicant, and to prevent unreasonable property
loss or unnecessary hardship. The exceptional dedication reduces the net lot size to 5,667 square
feet which is still considered buildable. A minor increase in the building area to 2,700 square feet
or a.48 FAR whichever is less, is reasonable and to prevent unnecessary hardship. The Planning
Commission finds the applicant's request of a 3,095 square feet dwelling with a.55 FAR excessive
for a Rl zoned lot and potentially precedent-setting for other smaller, unimproved lots in the area.
3) The granting of the Variance will not be detrimental or injurious to property or improvements in
the vicinity and will not be detrimental to the public health, safety and general welfaze, or
convenience, and to secure the purpose of the title. All R-1 setbacks and building coverage
requirements will be met. The street will be widen to facilitate traffic flow.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, testimony, exhibits and other evidence submitted in this
matter, the appeal of the Vaziance application no. 1-V-96 is hereby recommended for denial; and the
Community Director's decision as expressed in Resolution No. 12 is upheld; and
Resolution No. 4703 Appeal of 1-V-96 May 13, 1996
Page -2-
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings specified in this Resolution are based are contained in
the public hearing record concerning the appeal of Application 1-V-96, as set forth in the Minutes of
� the Planning Commission Meeting of May 13, 1996, and are incorporated by reference as though fully
� set forth herein.
,
, SF('TION II: PROJECT DESCRIPTION
Application No.: 1-V-96
Applicant: Dan Askorinam
Property Owner: Dan Askorinam
Location: 10496 Byrne Avenue, Assessor Parcel No. 357-14 -012
PASSED AND ADOPTED THIS 13th day of May, 1996, at a Regular Meeting by the Planning
Commission of the City of Cupertino, State of California.
' AYES: COMMISSIONERS: Austin, Harris, Mahoney and Chair Roberts
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Doyle
ATTEST: AP VE :
Ro ert Cowan Paul Roberts, Chairman
Director of Community Development Cupertino Planning Commission
g/planning/rso 1 v96