DRC Reso 265 EXG2008-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 265
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 RIGHT SIDE PROPERTY LINE.
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2008-02
Applicant: Michael Abler
Location: 10767 Brookwell Drive
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 right,
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 provisions of this chapter will result in restrictions
inconsistent with the spirit and intent of this chapter
The intent of the ordinance is addressed. The lot is non-typical in shape, and the
proposal maintains the existing right side setback.
2. The proposed development will not be in�urious to propert oi� r improvements in the area,
nor detrimental to the public health, sa�t�, or welfare
The proposed setbacks are consistent with the neighborhood pattern and will not
create public health, safety or welfare issues.
3. The exc�tion to be granted is one that will require the least modification of the prescribed
design regulation and the minimum variance that will accomplish the purpose
Resolution No. 265 EXC-2008-02 March 6,2008
Page 2
The majority of the proposed setback exceptions are proposed along portions of the
parcel that is non-conforming in width. The right side setback meets the required
ten-foot setback towards the rear of the residence, as the lot widens toward the rear.
4. The�ro�posed exc�tion will not result in significant visual impact as viewed from
abutting properties
The proposed setback is compatible with neighboring buildings 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-2008-02, 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-2008-02 as set forth in the Minutes of the Design Review Committee Meeting of
March 6, 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 March 6, 2008, except as may be amended by conditions in this
resolution.
2. EXCEPTION APPROVAL
Approval is hereby granted for the construction of a portion of a side-yard addition
to within five-feet of the right, side property line.
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. 265 EXC-2008-02 March 6,2008
Page 3
PASSED AND ADOPTED this 6� day of March 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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Ciddy Wordell Lis Gie r, Chai �
City Planner Design Review Committee