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PC 09-26-88 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Ave. Cupertino. CA 95014 (408) 252-4642 MINUTES OF REGULAR MEETING OF THE PLANNING COMMISSION HELD ON SEPTEMBER 26, 1988 Meeting Held in the Council Chambers, 10300 Torre Ave. SALUTE TO THE FLAG: ROLL CALL: 7:30 P.M. Commissioners Present: Chairwoman Sorensen Vice Chainnan Adams Commissioner Mackenzie Commissioner Szabo Robert Cowan, Director of Planiting and Development Steve Piasecki, Assistant Planiting Director Leslie Lopez, Deputy Oty Attorney Staff Present: APPROVAL OF MINUTES: MOTION: Com. Szabo moved to approve Mirtutes of the Regular Meeting of September 12, 1988 as presented. SECOND: Com. Adams VOTE: Passed, Com. Mackenzie abstairtirtg 4-0-1 POSTPONEMENTS OR NEW AGENDA ITEMS: - None. WRITTEN COMMUNICATIONS: . Petition received regarding a home on Sunset Dr. . Letter from Mr. Donald Senuta Re: Open Space under the Valley Oak Tree - Letter from Mr. Dervirt Re: Pizzeria Uno Application ORAL COMMUNICATIONS: - None. CONSENT CALENDAR: - None. PUBLIC HEARINGS: - None. NEW BUSINESS: ITEM 1: Plannirtg Commission review of Planning Director's irtterpretation regarding the extension of a building line on a cul-de-sac lot PLANNING COMMISSION MINUTES Regular Meeting of September 26, 1988 Page 2 PC - 556 NEW BUSINESS Continued Staff Presentation: Mr. Piasecki reviewed the Application and presented a site map. The Applicant was unable to be present due to illness; however, he felt the Planning Director's irtterpretation was unfair to someone in his position, namely, a property owner with a building wall which was not parallel to the property line. He would be penalized by not beirtg allowed to extend along a minimum setback distance from a property lirte. Com. Adams commented as follows: - Concurred with Staff Interoretation; however, if the building lot line were parallel to the structure, there would be no question about allowirtg an extension - In this instance, the property irt question had been annexed by the City from San Jose where the addition would have been allowed - Addition was an extension of the bathroom and would not have viewirtg wirtdows - Did not object to the request made and asked that the addition be allowed Com. Mackenzie noted that the Ordinances referred to "wall planes" not building corners. In addition, it was clear the further encroachment would not be allowed; thus the wall plane could not be extended out toward the front of the house. Mr. Piasecki questioned the minimum wall plane required to take advantage of applicable Ordinance Sections; Staff interpretation would require approximately ten feet--the equivalent of a room. Furthermore, there was question of privacy impacts to the neighbor. Com. Adams reiterated his request that due to the circumstance of having annexed this property, wished to see the addition allowed; however, he did not wish to set precedence. Staff noted that the Applicant could apply for a Variance. Mr. Cowan cited Section 12, Existin£r Structures. noting that the intent of allowirtg an extension on a building was to facilitate ease of construction at existing building lines. Com. Mackenzie concurred that these conditions did not exist irt the Application under consideration; in addition, an unattractive jagged construction line could be avoided; he noted the Commission's deliberation on this issue when the Ordinance was revised. Com. Szabo stated that irt beirtg annexed irtto the City of Cupertino, stricter guidelines were applied; he concurred with Staff Interoretation and objected to creating an extension on an existing structure which cropped out. He concurred with Staff that a minimum wall plane would be defirted as approximately ten feet in length. Chr. Sorensen stated that while sympathetic with the Applicant's position, she supported Staff Interoretation. Com. Mackenzie noted that the Commission had not wished to grandfather irt former uses; Com. Szabo added that the community's standards for privacy had also increased. PLANNING COMMISSION MINUTES Regular Meeting of September 26, 1988 Page 3 PC - 556 NEW BUSINESS Continued MOTION: Com. Szabo moved to send Mirtute Order adopting Staff Interpretation adding a clause that a mirtimum wall plane be at least ten (10) feet irt length. SECOND: Com. Mackenzie VOTE: Passed 4-0 Chr. Sorensen advised the Applicant of the right of appeal. OLD BUSINESS: None REPORT OF THE PLANNING COMMISSION: None. REPORT OF THE PLANNING DIRECTOR: Mr. Cowan reported on the Oty Council Meeting of September 19, 1988. DISCUSSION OF NEWSPAPER CLIPPINGS: None ADJOURNMENT: Having concluded busirtess, the Planning Commission adjourned at 8:05 P.M. to the next Regular Meeting of October 10, 1988 at 7:30 P.M. Respectfully submitted, Carol A. Probst-Caughey, Recording Secretary Approved by t® Planning Commission At the Regular Meeting of October 10, 1988 ~M~h'. ¿J. ß?£.I~ uralee Sorensen, . airwoman Attest: ~ . .