DRC Reso 277 EXC-2008-13
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 277
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
FOR A PORTION OF A 910 SQUARE FOOT SINGLE-STORY ADDITION
TO ENCROACH INTO THE REQUIRED FRONT YARD SETBACK.
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2008-13
Applicant: Breanna Chamberlin (Alan and Mu Li residence)
Location: 21124 Greenleaf Drive
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a portion of a 910 square foot single-story addition to encroach into the
required front yard setback.
WHEREAS, the Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area;
1. Literal Enforcement of the provisions o this chapter zvill result in restrictions
inconsistent with the spirit and intent o this chapter
The intent of the ordinance is addressed. The lot is not typical in shape, resulting
in unreasonable restrictions that limit the use of the lot.
2. The proposed development zuill not be injurious to propert�or improvements in the area,
nor detrimental to the public health, sa�tU, or wel are
The proposed addition is not encroaching further into the side yard setbacks,
thereby eliminating massing impacts onto the adjacent properties.
3. The exception to be�ranted is one that will require the least modi�'ication o the prescribed
design regulation and the minimum variance that will accomplish the purpose
Historically, the majority of the proposed setback exceptions are proposed along
portions of a parcel that is non-conforming in width or shape: The subject lot is
Resolution No. 277 EXC-2008-13 July 17,2008
Page 2
triangular in shape, and the addition displays reasonable measures to decrease
the amount of encroachment into the front yard.
4. The proposed exception will not result in significant visual impact as viezved,from �
abutting properties
There are no homes directly across the street from the subject site; therefore, the
addition will not result in significant visual impacts from the front.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the Application No. EXC-2008-13, is hereby approved; and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the public hearing record concerning Application
EXC-2008-13 as set forth in the Minutes of the Design Review Committee Meeting of
July 17, 2008, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on the plan set submitted by the applicant titled: "Addition
& Remodel for: Alan & Mu Li, 21124 Greenleaf Drive, Cupertino CA 95014",
consisting of 7 pages, dated "May 30, 2008", except as may be amended by the
Conditions contained in this Resolution.
2. INTERIOR AREAS
Interior areas measured from the finished first floor to the top of the roof-rafters
shall not exceed sixteen feet. In the event that any interior area measures above
sixteen feet in the building set plans, this area shall be counted as floor area.
3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant
to Government Code Section 66020(d) (1), these Conditions constitute written
notice of a statement of the amount of such fees, and a description of the
dedications, reservations, and other exactions. You are hereby further notified that
the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a),
has begun. If you fail to file a protest within this 90-day period complying with all
of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
Resolution No. 277 EXC-2008-13 July 17,2008
Page 3
PASSED AND ADOPTED this 17� day of July 2008, at a Regular Meeting of the Design
Review Committee of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chairperson Giefer, Rose
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTES . APPROVED:
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Steve Pias ki Lisa Giefer, Chair,, '�� �
Director, Community Development E�esign Review Committ��
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