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CITY OF
CUPEI\IINO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3110
FAX: (408) 777-3366
Website: www.cupertino.org
PARKS AND RECREATION ADMINISTRATION
May 15,2001
Mr. Terry Hertel
10015 Byrne Avenue
Cupertino, CA 95014
Dear Mr. Hertel:
Following our recent telephone conversation, I reviewed the file regarding the tank house and the
Byrne Avenue Homeowners Association. While I understand your frustration dealing with the
developer's legacy, the conditions of approval for permit I1-V-80 are in effect until amended.
Attached is a copy of a letter Ciddy Wordell sent you approximately three years ago notifying
you of the process to amend the conditions of approval that entitled the builder to move forward
with the development of your home.
Please understand that City staff may be sympathetic to your plight, but decisions made by
elected officials following a public hearing and Planning Commission action cannot be simply
undone by staff. There is a public process for amending the conditions of approval that may
ultimately provide the result that you seek, but it will be necessary for the Homeowner's
Association to apply for the amendment and make their case for it in the public forum.
I hope this process ultimately resolves this issue in a manner you believe is fair. If I can provide
additional assistance, please call me at 777-3110.
Sincerely,
The. se Ambrosi Smith, Director
Parks and Recreation Department
cc: Dave Knapp, City Manager
Chuck Kilian, City Attorney
Ralph Qualls, Director, Public Works
Steve Piasecki, Director, Community Development
Ciddy Wordell, City Planner
Vera Gill, Senior Planner..
Mike O'Dowd, Recreation Supervisor
Kim Smith, City Clerk
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Printed on Recvcled Paper
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10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3251
FAJ<(408) 777-3333
nor OF
CUPEIQ"INO
Community Development Department
Housing Services
Summary
Agenda Item No. _
Agenda Date: September 2. 2003
Subject:
Report and recommendation regarding request from Terry Hertel pertaining to the tank house
near Blackberry Farm Golf Course.
Recommendation:
Staff recommends that the City Council direct staff to pursue option two.
Option One: Allow the Byrne Avenue Homeowners Association to remove the
condition that they maintain the tank house and allow the Association to
dismantle and destroy the tank house.
Option Two: The City will assist the homeowners in contacting the Cupertino
Historical Society and other volunteers wishing to assist with the repair of the
tank house. The homeowners would commit, subject to future negotiations, to
fund a majority of the cost to renovate the structure and set-aside a fund for
continued maintenance.
In either option, the Byrne Avenue Homeowners Association should be required
to complete a lot line adjustment so that the City of Cupertino will not have to
relocate the golf course and restaurant structures.
Background:
In 1980, the city of Cupertino required developer Terry Brown to relocate a tank house from the
Oakdell Ranch area to some vacant land near the Black Berry Farm Golf Course as a condition
of approval for development of eight homes on Byrne Avenue. The vacant land was open space
(undevelopable land) required in the Byrne Avenue development. The Byrne Avenue
homeowners are required by way of a covenant running with the land to maintain the tank house.
At the Homeowners Association request, staff researched the covenant to assure it was properly
recorded against the properties in 2000. The covenants were recorded properly.
The maintenance of the tank house has been the subject of many conversations between the
Homeowners Association and the City of Cupertino. Staffhas attached correspondence received
from the Byrne Avenue Homeowners Association discussing the repairs that were requested by
the City in 1992 and the Homeowners Association obligation. Also enclosed is correspondence
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from Parks and Recreation Director Therese Ambrosi Smith to Mr. Teny Hertel regarding the
process to amend the conditions of approval for the development.
The tank house has also been the subject of many conversations between the Cupertino
Historical Society and the City of Cupertino. The Historical Society believes that the tank house
has historical significance to the city and would like to see the tank house maintained and
preserved. Attached is a letter from Louis Stocklmeir which includes some history of the tank
house which was constructed in the late 1800's. Phyllis Filiberti Butler also features the tank
house in the book "Old Santa Clara Valley, A Guide to Historic Buildings from Palo Alto to
Gilroy". An excerpt from page 114 of the book is included for reference.
Discussion:
In recent years, the tank house has fallen into a
state of disrepair. The Byrne Avenue
Homeowners Association has submitted the '?:
following letter requesting the City dismantle
and relocate the tank house to a "more suitable
site" or dismantle the tank house without
relocating the structure. The request is based
upon the Byrne Avenue Homeowners
Association's perception that the City did not
compel the original property developer to
provide water and electric service to the tank
house as required in the original conditions of
approval for the development.
The affected members of the Byrne A venue Homeowners Association and city staff met on
August 27th to discuss options to resolve the problem. There are basically two problems that
need to be resolved. An AL T A survey commissioned by the City of Cupertino, shows that the
City of Cupertino currently occupies approximately 10 feet of the Associations property along
the western edge of the vacant parcel. A storage shed utilized by Blackberry Farm Golf Course
and the trash enclosure for the Blue Pheasant Restaurant currently reside on the Byrne Avenue
Homeowners Association's property. The second problem needing to be addressed is the state of
disrepair of the tank house. All parties involved agreed that there are two options which may be
proposed to the City Council to resolve the situation. The options are as follows:
Option One: Allow the Byrne Avenue Homeowners Association to remove the
condition that they maintain the tank house and allow the Association to
dismantle and destroy the tank house.
Option Two: The City will assist the homeowners in contacting the Cupertino
Historical Society and other volunteers wishing to assist with the repair of the
tank house. The homeowners would commit, subject to future negotiations, to
fund a majority of the cost to renovate the structure and set-aside a fund for
continued maintenance.
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In either option, the Byrne Avenue Homeowners Association should be required
to complete a lot line adjustment so that the City of Cupertino will not have to
relocate the golf course and restaurant structures.
Prepared by: Vera Gil, Senior Planner
SUbmitter9y:
,
Approved for Submittal:
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DaVId W. Knapp
City Manager
Steve Piasec .
Director of Community Development
Enclosures:
Byrne Avenue Homeowners Association letter and attachments dated July 27,2003
Byrne Avenue Homeowners Association correspondence dated January 10, 1992
Correspondence from City of Cupertino to Mr. Hertel dated May 15,2001
Correspondence from Louis Stocklmeir dated February 5, 1980
Excerpt from "Old Santa Clara Valley; A Guide to Historic Buildings from Palo Alto to Gilroy",
Phyllis Filiberti Butler.
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