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DRC Reso 039O1 -R-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 39 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 SECOND STORY THAT EXCEEDS 35% OF THE FIRST STORY AREA AND A SECOND STORY DECK EXCEPTION. SECTION I: PROJECT DESCRIPTION Application No.: 01-R-01 Applicant: Ravindra Savanur (Louie Leu) Location: 10389 Krista Court 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 site has topography that is not typically found in similarly zoned properties. 2. The granting of the exception will not result in a condition that is materially detrimental to the public health, safety and welfare. 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 requires an exception for only one prescriptive regulation. 4. The proposed exception will not result in significant visual impacts as viewed from abutting properties since existing trees on site will screen much of the addition 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. 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 Resolution No. 39 01-R-01 March 14, 2001 Page 2 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-R-01 set forth in the Minutes of the Design Review Committee meeting of, March 14, 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 two-story residence based on the plan set entitled "Savanur Residence" by Louie Leu Architect, dated February 7, 2001, as amended by this resolution. PASSED AND ADOPTED this 14th 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/01-R-01 res.doc APPR D: Charles Corr, Chairperson Design Review Committee