DRC Reso 03013-R-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 30 (Denial)
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO DENYING AN
EXCEPTION TO ALLOW A 378 SQUARE FOOT ADDITION TO AN EXISTING TWO-STORY
RESIDENCE THAT RESULTS IN A FLOOR AREA RATIO OF 56%.
SECTION I: PROJECT DESCRIPTION
Application No.: 13-R-00
Applicant: Glenn Rhodes (Gary Thomas)
Location: 10519 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 not met the burden of proof required to support said application; and has
not satisfied the following requirements:
1. The literal enforcement of the provisions of this chapter does not result in restrictions inconsistent
with the spirit and intent of this chapter, as Chapter 19.28 was enacted with the clear intent of
limiting development to a floor area ratio of 45%;
2. The granting of the exception will result in a condition that is materially detrimental to the public
health, safety and welfare, in that this request would set a precedent for future exceptions to the
floor area ratio limit of 45%, which wouldresult in increased mass and bulk that would conflict
with the purpose of Chapter 19.28;
3. The exception requires considerable modifications to the floor area ratio limit.
4. The proposed exception would set a precedent that will result in significant visual impacts for
single family neighborhoods in the City of Cupertino.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the request for an exception to Section 19.28.060 is hereby denied; 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 13-R-00 set forth in the Minutes of
the Design Review Committee meeting of, December 13, 2000, and are incorporated by reference as
though fully set forth herein.
Resolution No. 30 (Denial) 13-R-00 December 13, 2000
Page 2
PASSED AND ADOPTED this 13th day of December, 2000, 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: Doyle, Chairperson Stevens
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
APPROVED:
Ciddy Wordell
Cferry evens
City Planner
Design Review Committee
g/p1anning/dre/13-R-00 reso.doc