DIR-2005-20b楃祴䠠污൬ㄊ㌰〰吠牯敲䄠敶畮䌊灵牥楴潮䅃㤠〵㐱㌮㔲വ吊汥灥潨敮›㐨㠰 㜷ⴷ㈳㌲䅆㩘⠠〴⤸㜠㜷㌭㘳ശഊ䌊呉⁙䙏啃䕐䩒义൏ഊ伊䙆䍉⁅䙏吠䕈䌠呉⁙䱃剅ോഊ䘊扥畲牡⁹ⰹ〲㘰潈獲⁴潖求敯൳ㄊ㈰‹求獯潳楈汬删慓潊敳䅃㤠ㄵ㌲敒›潃獮摩牥愠灡数污漠瑦敨䐠獥杩敒楶睥䌠浯業瑴敥猧搠捥獩潩潴搠湥⁹湡愠摤瑩潩桴瑡硥散摥桴污潬慷汢汦潯牡慥爠瑡潩椠桴慏慖汬祥倠慬湮摥䐠癥汥灯敭瑮ബ䄊灰楬慣楴湯丠䐠剉㈭〰ⴵ〲潈獲⁴潖求敯䘨祲爠獥摩湥散Ⱙ㈠ㄱㄶ䌠湡潹慏൫圊祡偁⁎㐳ⴲ㤵〭㠰吨楨瑩浥眠獡挠湯楴畮摥映潲慊㌠⸩敄牡䴠嘠湯䈠潬獥ഺഊ䄊⁴瑩敆牢慵祲㜠〲㘰爠来汵牡洠敥楴杮桴畃数瑲湩楃祴䌠畯据汩搠湥敩潹牵愠灰慥䤠潹൵栊癡湡⁹畱獥楴湯汰慥敳挠湯慴瑣琠敨䌠浯畭楮祴䐠癥汥灯敭瑮䐠灥牡浴湥⁴瑡⠠〴⤸㜠㜷㌭〳⸸湁⁹湩整敲瑳摥瀠牥潳Ɱ椠据畬楤杮琠敨愠灰楬慣瑮牰潩潴猠敥楫杮樠摵捩慩敲楶睥漠桴楣祴潣湵楣❬敤楣楳湯椠桴獩洠瑡整Ⱳ洠獵⁴楦獲⁴楦敬愠瀠瑥瑩潩潦敲潣獮摩牥瑡潩楷桴琠敨挠瑩൹挊敬歲眠瑩楨整慤獹愠瑦牥琠敨挠畯据汩猧搠捥獩潩䄠祮瀠瑥瑩潩潳映楬摥洠獵⁴潣灭祬眠瑩൨洊湵捩灩污漠摲湩湡散挠摯㈹〮⸸㤰⸶楓据牥汥㩹縶⽓晾❖ㄦ氲㬭ⵦ片捡捓浨摩൴䐊灥瑵⁹楃祴䌠敬歲捣›牆摥愠摮删獯牆൹㈊ㄱㄶ䌠湡潹慏慗൹䌊灵牥楴潮䅃㤠〵㐱
楃祴䠠污൬ㄊ㌰〰吠牯敲䄠敶畮䌊灵牥楴潮䅃㤠〵㐱㌭㔲വ吊汥灥潨敮›㐨㠰 㜷ⴷ㈳㌲䅆㩘⠠〴⤸㜠㜷㌭㘳ശഊ䌊呉⁙晏啃䕐䩒义൏ഊ伊䙆䍉⁅䙏吠䕈䌠呉⁙䱃剅ോഊ䨊湡慵祲ㄠⰷ㈠〰ശഊ䠊牯瑳夠湯䈠潬獥〱㤲䈠潬獳浯䠠汩摒മ匊湡䨠獯ⱥ䌠⁁㔹㈱ളഊ刊㩥䌠湯楳敤湡愠灰慥景琠敨䐠獥杩敒楶睥䌠浯業瑴敥猧搠捥獩潩潴搠湥⁹湡愠摤瑩潩桴瑡硥散摥桴污潬慷汢汦潯牡慥爠瑡潩椠桴慏慖汬祥倠浬敭敄敶潬浰湥ⱴ灁汰捩瑡潩潎䥄ⵒ〲㔰㈭ⰰ䠠牯瑳嘠湯䈠潬獥⠠牆⁹敲楳敤据⥥ㄲ㘱‱慃祮湯传歡慗ⱹ䄠乐㌠㈴㔭ⴹ〰⸸⠠桔灡汰捩湡⁴敲畱獥獴琠楨瑩浥戠潣瑮湩敵潴䘠扥畲牡⁹⤷മഊ䐊慥牍潖䥂敯㩳瑁椠獴䨠湡慵祲㌠敲畧慬敭瑥湩Ⱨ琠敨䌠灵牥楴潮䌠瑩⁹潃湵楣潣瑮湩敵桴獩椠整潴䘠扥畲牡⁹‷瑡潹牵爠煥敵瑳晉礠畯栠癡湡⁹畱獥楴湯汰慥敳挠湯慴瑣琠敨䌠浯畭楮祴䐠癥汥灯敭瑮䐠灥牡浴湥൴愊⁴㐨㠰 㜷ⴷ㌳㠰മഊ䄊祮椠瑮牥獥整数獲湯湩汣摵湩桴灡汰捩湡ⱴ瀠楲牯琠敳步湩番楤楣污爠癥敩⁷景琠敨挠瑩൹挊畯据汩猧搠捥獩潩湩琠楨慭瑴牥畭瑳映物瑳映汬数楴楴湯映牯爠捥湯楳敤慲楴湯眠瑩桴楣祴汣牥楷桴湩琠湥搠祡晡整桴潣湵楣❬敤楣楳湯湁⁹数楴楴湯猠楦敬畭瑳挠浯汰⁹楷桴畭楮楣慰牯楤慮据潣敤㤠⸲㠰〮㘹മഊ匊湩散敲祬ഺഊ䜊瘭繗楫瑦片捡捓浨摩൴䐊灥瑵⁹楃祴䌠敬歲捣›牆摥愠摮删獯牆൹㈊ㄱㄶ䌠湡潹慏慗൹䌊灵牥楴潮䅃㤠〵㐱
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CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
,DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: Appeal of DIR-2005-20 Agenda Date: September 27, 2005
Applicant: Horst Von Floes
Property Owner.
Fred and Rose Fry
Property Location: 21161 Canyon Oak Way
Application Summary:
Appeal of a Design Review Committee (DRC) denial of a Director's Minor Modification
application, DIR-2005-20, requesting approval of an attached accessory structure that
would exceed the allowable Floor Area Ratio (FAR) on the property.
Recommendation:
The Planning Commission has the option of making either recommendation to the City
Council:
1. Deny the appeal and uphold the Design Review Committee's decision, or
2. Uphold the appeal and deny the Design Review Conu-nittee"s decision
Background:
On July 12, 2005, the applicant submitted an application for a Director's Minor
Modification for a 169 square foot, 9 foot 7 inch high greenhouse structure that, was
proposed to be attached to the rear of the existing single-family residence in the Oak
Valley Planned Development Area and would exceed the allowable FAR on the subject
property. Staff reviewed the application and was not supportive of the request to
exceed the allowable FAR, and subsequently referred the application to the Design
Review Committee for a determination.
On August 4, 2005, the Design Review Committee (DRC) denied the Director's Minor
Modification application for the greenhouse structure as recommended by staff.
The property owners requested approval of the greenhouse to allow them to grow and
provide flowers and organic herbs for their private use, to provide protection from deer
and other animals, and to provide passive solar heat to the residence.
Upon reviewing the application, the DRC was not able to make the following findings
to allow the greenhouse and the FAR to be exceeded on the property:
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; and
Appeal of DIR-2005-20
F
September 27, 2005 Page 2
2. The proposal is consistent with the Cupertino General Plan, zoning ordinance,
and the purposes of this title; and
3. The proposal is consistent with the requirements of the Oak Valley Planned
Development Area; and
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.
On August 18, 2005, the applicant filed an appeal (Exhibit C) stating the basis for the
appeal is that the project meets the finding that 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.
Discussiono.
The subject property is located within Neighborhood 3, Unit 2 of the Oak Valley
Planned Development Area,, which allows for a maximum FAR of 40% for the first
10,000 square feet of lot area, and 59.59 square feet for each 1,000 square feet over 10,000
square feet.
Based upon the lot size of the subject property at 20,804 square feet, the maximum
allowable FAR for the subject property was calculated at 4,644 square feet. The existing
house built in 2003 is already constructed at this maximum FAR. Therefore, allowing
the greenhouse would also allow the FAR to be exceeded on the property.
The applicant also requested approval of an aluminum frame exterior with baked -on
paint finish and clear glass windows as the building materials for the greenhouse.
Although the greenhouse would be painted a color matching the residence, the exterior
materials are not consistent. The residence has a stucco exterior. Further, the
greenhouse would be somewhat visible from surrounding properties to the north and
the adjacent hillside to the east since the rear yard of the subject property slopes
downward towards the north.
Staff is not supportive of allowing the greenhouse given that it may set a precedent for
allowing future exceptions to exceed the allowable FAR on properties within the area.
In July of 2004, the DRC approved a Director's Minor Modification to allow an
building to exceed the allowable square footage on a property on
Hammond Way in the Oak Valley Planned Development Area; however; the
circumstances were different since the structure was proposed in an isolated area at the
rear of the subject property, adjacent to the open space area of the hillsides.
Additionally, it was the intention that no subsequent proposals in this area would be
recommended to exceed the allowable FAR, unless they were in similar, isolated
locations. The proposed greenhouse is not within'a similar, isolated location. .
Appeal of DIR-2005-20
September 27, 2005
Submitted by: Aki Honda, Seni®r Planner
Approved by-. Steve Piasecki, Direct®r ®f Community Devel®prne
Enclosures-
]Exhibit Ae Design Review Committee Resolution No. 220
]Exhibit Be Staff Report t® DRC dated. August 4, 2005
Exhibit Ce Appeal form
g/planning/pdreport/Appeals/DIR-2005-20 Appeal.doc
Page 3
EXHIBIT B
To: Design Review Committee Date: August 4, 2005
From: Aki Honda, AICP, Senior Planner
Subject: Application: DIR-2005-20
Location: 21161 Canyon Oak Way
Prof ect_.Descripfion: Director's minor modification to permit the construction of an
attached accessory structure to an existing single-family residence that would exceed
the allowable floor area ratio (FAR) for the subject property per the requirements of this
neighborhood (Neighborhood 3., Unit 2, Oak Valley Planned Development).
RECOMMENDATION:
Staff recommends denial of DIR-2005-20 given that findings can -not be made to allow
the FAR to be exceeded, based on. the model resolution.
BACKGROUND:
In December of 1997, the City of Cupertino approved. a Development Agreement with
associated Use Permit, Tentative Subdivision Map, and Re -zoning of a 212 acre
property known as the Lands of Diocese of San Jose. Per the agreement, 67 acres of this
land was subdivided to allow residential development as part of the Oak Valley
Planned Development area. Specific -development standards were also approved for
the Oak Valley Planned Development area as part of this agreement, including
minni um. lot areas, lot widths, lot coverage, FARs, setbacks, and building heights.
On July 18, 2001, an architectural and site approval (17 -ASA -01) was granted by the
Design Review Committee for the construction of a two-story., single-family residence
on the subject property that is located within the Oak Valley Planned Development
area. The approval granted a 4,644 square foot residence in accordance with the
development standards for this neighborhood.
DISCUSSION-.
The applicant is requesting approval to construct 'a 9 foot 7 inch high, 169 square -foot
attached accessory structure at the rear of the existing single-family residence. The
accessory structure is proposed to be used as a greenhouse that will consist of an
aluminum frame exterior with baked -on paint finish to match the residence and clear
glass windows. Additionally, the structure will be placed over a concrete slab with
footings.
Upon review of the application, staff has determined that the existing residence was
built to the maximum allowable FAR on this property in accordance with the
thi
development standards for this his neighborhood. As ' a residence withi Neighborhood 3,
Unit 2 of the Oak Valley Planned Development area, the maximum allowable FAR is
40% for the first 10,000 sf of lot area, and 59.59 sf for each 1,000 sf over 10,000 sf. The
August 4, 2( DIR-2005-20 Page 2 of 2
existing residence consists of 3,889 square feet of living area (2,155 sf on the first floor
and 1,734 sf on the second floor) and an attached 755 square foot garage. The total
existing square footage on this lot is 4,644 sf. Based upon a lot area of 20,804. square feet
and using the maximum allowable FAR calculations, the maximum square footage
permitted on this lot is 4,644 sf. Therefore, any further additions, including the
greenhouse, would exceed the allowable FAR on this property.
FAR Calculation
First 10,000 sf x 40% = 4,000 sf
(Remaining: 10,804 sf /1,QOO sf x 59.59)= 644 sf
Total Allowable FAR 4,644 sf
In addition to the FAR requirements, the greenhouse will not be consistent with the -
existing stucco exterior of the. residence since it will be constructed of aluminum
framing. Further, the greenhouse would be located at the rear of the residence, which
would be somewhat visible from surrounding properties to the north and on the
adjacent hillside to the east since the rear yard of the subject property slopes downward
towards the north. Properties to the north are also located on a downward slope from
the subject property.
The applicant has submitted; a letter (see attached). dated received July 11, 2005,
requesting approval to exceed the maximum allowable FAR for construction of the
greenhouse in order to grow and provide flowers and organic herbs for consumption
by the residents, to provide' protection from deer and other animals, and to provide
passive solar heat to the residence.
Staff received a phone call on July 26, 2005 from a neighbor on Serra Street who wanted
to voice her concern about the project and requests that the City require the applicant
not be permitted to exceed the allowable FAR requirements of the neighborhood.
Prepared by: Aki Fonda, AICD, Senior Planner ----------
Approved by: Steve Piasecki, Community Development Direct
Enclosures-.
Model Resolution
Applicant's Letter
Photo Simulations
Plan Set
INDEPENDENTLY OWNED & OPERATED
4
---ZOOMS CONSERVATORIES PATIO ROOMS
,S AND SCREEN ENCLOSURES - SKYLIGHTS_
uloor Livin pm 01 .1indoors'
AME.RICAN BRANDS CORPORATION
1029 Blossom Hill Rd., I San Jose, CA 95123 (408) 265-8000 Fax: (408) 265-8058
2878 Prune Ave., Fremont CA 94539 Q (510) 440-9850 Fax: (510) 490-0255
www.fourseasonsonline.com
To: City of Cupertino Planning and Development
RE: Variance request
Fry Residence
21161 Canyon Oak Way
Cupertino
V,
JUL 1 1 2005
BY:
Scope of Work:
. Attach, an ICC approved greenhouse to the rear of the residence on a concrete slab
with footings.
The exceptional conditions that apply to this, request for the greenhouse are:
® To be able to grow and provide flowers and organic herbs for consumption by
residents only. The greenhouse would provide year-round growing opportunity
protected from deer and Ether animals that would otherwise have detrimental
access to plants were they to be grown outdoors.
To provide passive solar heat to the residence.
The granting of this application would allow the property owners to enjoy an attractive
greenhouse addition to thehome for the purposes mentioned above. The alternative to
gardening in the relative privacy of a greenhouse would be making a garden outdoors
with protective fencing,
or, which, may or may not be appealing to adjacent homeowners.
The greenhouse design is complementary to the design of the home and would be an
asset to the aesthetic value of the home.
The granting of this application will not under any circu mstances. adversely affect the*
health or safety of persons residing or working -in the neighborhood. The greenhouse
d to the rear of the residence. The greenhouse
constitutes 169 square feet of space attache,
will be 98 feet from a public throughviay and 50 feet from the nearest adjacent property.
Because the greenhouse is of passive nature, additional .plumbing will not be used and
will not add to water runoff or -sewer load.
The greenhouse will not be materially injurious to public welfare. The building materials
are architectural aluminum and tempered safety glass. The concrete- slab is structurally
and materially built to California Building Code.
09/08/2005 14:23 FAX 408265801
EXHIBIT C
[a 001/002
City of Cupertino
10300 Torre AvenueKA U G. EJ5]
8 200D
Cupertino, CA 95014
I F (408) 777-3223
U P E kT I N 0 CUPERTWO CITY CLERK
APPEAL
1. Application No.
2. Applicant(s) Name: lx�o� 5 V 0 � Z -'L- 0
3. Appellant(s) Name:
Address
Phone Number
Email
4_ Please check one:
peal a decision of Director of Community Development
Appeal a decision of Planning Commission
5. Date of detennination of Director or mailing of notice of City decision.
0
Q -
Basis of ap cal:
6. P
�O
k C_ �N e_ <11 GeAQk c U We
e -AA
Signature(s)
Please complete form, include, appeal fee of $145,00, and return to the attention of the
City Clerk, 10300 Torre Avenue, -Cupertino, (408-) 77703223.