DRC Reso 042CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 42
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
EXCEPTIONS TO SECTION 19.28.060 OF THE MUNICIPAL CODE TO ALLOW A NEW TWO-
STORY RESIDENCE AND A SECOND STORY DECK EXCEPTION.
SECTION I: PROJECT DESCRIPTION
Application No.: 04-R-01
Applicant: Bill Gignac & Nancy Keder
Location: 10255 Hillcrest 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. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and
intent of this chapter, as the design is not massive, bulky and has minimal visual impacts, as the
ordinance intended, but the design incorporates an exposed below -grade garage that is not typical
of development in the City.
2. The granting of the exception will not result in a condition that is materially detrimental to the
public health, safety and welfare, since the residence will appear to be a single story residence from
neighboring properties.
3. The exception 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.
4. The proposed exception will not result in significant visual impacts as viewed from abutting
properties since the residence will appear as a single story residence from neighboring properties.
5. The deck design is such that it decreases privacy intrusion to adjoining properties to the greatest
extent, as the deck is being placed where it has no direct views into neighboring yards.
Resolution No. 42 04-R-01 March 28, 2001
Page 2
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the exception to Section 19.28.060 and the second story deck exception is hereby approved
subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof, 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 04-R-01 set forth in the Minutes of
the Design Review Committee meeting of, March 28, 2001, and are incorporated by reference as
though fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED PROJECT
This approval is for a new residence based on the plan set entitled "A Residence For Bill Gignac
and Nancy Keder" by THIS Design and Development, dated November 20, 2000, last revised on
February 13, 2001 as amended by this resolution.
2. PRIVACY PROTECTION
This project is exempt from privacy protection requirements of Chapter 19.28 of the Cupertino
Municipal Code.
PASSED AND ADOPTED this 281h day of March, 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, Chairperson Corr
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
Ciddy Wordell
City Planner
g/planning/dre/04-R-01 res.doc
APLPRO:
Corr, Chairperson
Design Review Committee