DRC Reso 271 EXC-2008-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 271
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
TO CONSTRUCT A PORTION OF A SIDE-YARD ADDITION TO
WITHIN FIVE FEET OF THE LEFT SIDE PROPERTY LINE.
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2008-06
Applicant: Susan Chen
Location: 10170 Amelia Court
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application to construct a portion of a side-yard addition to within five-feet of the left,
side property line.
WHEREAS, the Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area;
1. Literal Enforcement o the�rovisions o�'this chapter will result in restrictions
inconsistent with the�irit and intent o this chapter
The intent of the ordinance is addressed. The lot is irregular in shape, resulting in
unreasonable restrictions that limit the use of the lot.
2. The pro�osed develo�ment will not be injurious to proper or improvements in the area,
nor detrimental to the�ublic health, safe , or welfare
The property abuts a public park rather then a residence, thereby eliminating
massing impacts onto the adjacent property.
3. The exception to be.granted is one that zuill require the least modi�ication of 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.271 EXC-2008-06 May 14,2008
Page 2
triangular in shape, and the addition displays reasonable measures to decrease the
amount of encroachment into the side yard.
4. The proposed exception will not result in significant visual impact as viewed om
abuttingproperties
The proposed setback abuts a public park and will not result in significant visual
impacts.
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-2008-06, 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-2008-06 as set forth in the Minutes of the Design Review Committee Meeting of
May 14, 2008, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set as part of the staff report to the Design Review
Committee dated May 14, 2008, except as may be amended by conditions in this
resolution.
2. FRONT PORCH SETBACK
Front porch shall not encroach any further then 3'-0" into the front setback.
Drawings shall be revised and provided to Planning Staff for review and approval
prior to building permit issuance.
3. EXCEPTION APPROVAL
Approval is hereby granted for the construction of a portion of a side-yard addition
to within five-feet of the left, side property line.
4. 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
Resolution No.271 EXC-2008-06 May 14,2008
Page 3
of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
PASSED AND ADOPTED this 14� day of May 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
ATTEST• APPROVED:
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Steve Piasecki Lisa ' fer, Chair ..-�' '
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Director, Community Development IIesign Review Co ittee �