Reso 18V-2003-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 18
OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
APPROVING A VARIANCE TO ALLOW A REAR YARD SETBACK OF 18 FEET IN A R1C
ZONING DISTRICT WHERE 25 FEET IS REQUIRED FOR AN ENCLOSURE OF AN EXISTING
SECOND STORY BALCONY AT 10202 VISTA DRIVE.
SECTION I: FINDINGS
WHEREAS, the Director of Community Development of the City of Cupertino has received an
application for a Variance, as described in Section H of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Director of Community Development has held at least one
Public Hearing on this matter; and
WHEREAS, the applicant has meet the burden of proof required to support -the application; and has
satisfied the following criteria:
1) That there are extraordinary or exceptional circumstances or conditions applicable to the
property involved that do not apply generally to properties in the same district in that existing
townhomes .in identical situations were approved by the City with 18-foot and 20-foot, second
story rear setbacks. The subject existing balcony does not extend beyond the existing building line.
There will no increase in the building wall height because of the sloping roof. This will be the
minimum variance needed to accomplish the purpose of the project.
2) That granting of the Variance is necessary for the preservation and enjoyment of substantial
property rights of the applicant, and to prevent unreasonable property loss or unnecessary hardship
in that the addition is relatively modest and the balcony enclosure would not encroach anymore on
the rear setback than what was allowed for a similarly situated neighboring townhouse; and
3) That granting the Variance will not be detrimental or injurious to property or improvements in the
vicinity and will not be detrimental to the public health, safety, and general welfare, or
convenience, and to secure the purpose of the title. The balcony views to the adjacent neighbor's
rear yard are already screen by a mature coastal redwood tree and this tree will be retained to
protect privacy.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, testimony, exhibits and other evidence submitted in this
matter, the application for Variance is hereby approved by the Director of Community Development of
the City of Cupertino; and
Resolution No. 18 V-2003-01 March 18, 2003
Page -2-
EE IT FURTHER RESOLVED:
That the subconclusions upon which the findings specified in this Resolution are based are contained
in the public hearing record concerning Application V-2003-01, as set forth in the Minutes of the
Director of Community Development Meeting of March 18,2003, and are incorporated by reference as
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: V-2003-01
Applicant: Franceska Gleason
Property Owner: Lynn and Miki Youngs
Location: 10202 Vista Drive
SECTION III: CONDITIONS OF APPROVAL
1. APPROVED EXHIBITS
The approval is based on the plan set titled: A Remodel for the Youngs Residence, 10202 Vista
Drive, Cupertino, California, dated 2/17/03 and consisting of four sheets labeled A-1, A-2, A-3
and A-4.
2. TREE PROTECTION
The rear yard Coastal Redwood tree shall be retained as part of this project, including the
canopy of branches and leaves that screens the view_ s from this second floor addition into the
rear yard of the adjacent residential property.
PASSED AND ADOPTED THIS 18th of March 2003, at a Regular Meeting by the Director of
Community Development of the City of Cupertino, State of California.
Steve Piasecki
Director of Community Development
CUPNT/Planning/Pdreport/Res/resV-2003-01