DRC Reso 04505-R-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 45
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN
EXCEPTION TO SECTION 19.28.060 OF THE MUNICIPAL CODE TO ALLOW A SINGLE
STORY RESIDENCE ON A 6,139 SQ FT LOT WITH SIDE SETBACKS OF FIVE FEET AND
FIVE FEET WHERE SETBACKS OF TEN FEET AND FIVE FEET ARE REQUIRED.
SECTION I: PROJECT DESCRIPTION
Application No.: 05-R-01
Applicant: Ron & Carol Puckett
Location: 10565 Gascoigne Drive
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 not
satisfied the following requirements:
1. The literal enforcement of this chapter does result in restrictions inconsistent with the spirit and
intent of this chapter, as the proposed design is single story with compatible wall heights that is
sensitive to the existing neighborhood.
2. The granting of the exception will not result in a condition that is materially detrimental to the
public health, safety and welfare, as the design will have negligible impacts on neighboring
properties despite the reduction in setback, and the neighboring property owners fully
supported the project at the noticed public hearing.
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, as the project
conforms to all other sections of the Municipal Code and the reduced setback would be allowed
if the lot area were 2% smaller.
4. The proposed exception will not result in significant visual impacts as viewed from abutting
properties, as the design is single -story with wall heights that are sensitive to neighboring
single -story residences.
Resolution No. 45 05-R-01 May 2, 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 side setback exception to Section 19.28.060 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 05-R-01 set forth in the Minutes of
the Design Review Committee meeting of, May 2, 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 2,458 square foot, single -story residence with side setbacks of 5 -feet and
5 -feet, based on the plan set entitled "Custom Home for Ron & Carol Puckett" by Hometec
Architecture dated October 5, 2000, last updated on April 1, 2001.
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 2nd day of May, 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:
NOES:
ABSTAIN
ABSENT:
ATTEST:
Ciddy Wordell
City Planner
COMMISSIONERS: Chen and Chairperson Corr
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
g/planningldre105-R-01 res.doc
APP
Charles Corr, Chairperson
Design Review Committee