DRC Reso 05501-V-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 55
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A
VARIANCE TO ALLOW A SECOND STORY DECK WITH A TEN -FOOT SIDE SETBACK
WHERE A FIFTEEN -FOOT SIDE SETBACK IS REQUIRED.
SECTION I: PROJECT DESCRIPTION
Application No.: 01-V-01
Applicant: Phil Boyle
Location: 18731 Tilson Avenue
SECTION II: FINDINGS
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Design Review Committee has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1. There are exceptional or extraordinary circumstances or conditions applicable to the property
involved that do not apply generally to property in the same district;
2. The granting of the application is necessary, for the preservation and enjoyment of a substantial
property right of the applicant, and to prevent unreasonable property loss or unnecessary
hardship;
3. The granting of the application will not be detrimental or injurious to property or improvements
in the vicinity and will not be detrimental to the public health, safety, and general welfare, or
convenience, and to secure the purpose of the title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the variance to the side -setback regulations for second story decks are 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 01-V-01 set forth in the Minutes of
the Design Review Committee meeting of, June 20, 2001, and are incorporated by reference as though
fully set forth herein.
Resolution No. 55 01-V-01 June 20, 2001
Page 2
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
APPROVED PROJECT
This approval is for a new 2,617 square foot, two-story residence based on the plan set entitled
"Boyle Residence" by MPR Architects dated May 14, 2001, as revised by this resolution.
2. 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.
PASSED AND ADOPTED this 20"' day of June, 2001, 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: Chen and Chairperson Corr
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
`_�J 11
Ciddy Wordell
City Planner
g/planning/dre/01-V-01 res.doc
APPRO
arles Corr, Chairperson
Design Review Committee