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Reso 121-V-96 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 12 OF THE DIRECTOR OF COMMUNITY DEVELOPMENT GRANTING A VARIANCE TO ALLOW A M, AXIMUM BUILDING AREA OF 2,700 SQUARE FEET OR A FLOOR TO AREA RATIO OF .48 WHICHE`IER IS LESS WHERE .45 FLOOR TO AREA RATIO WOULD BE REQUIRED IN A PRE-R 1-7.5 ZONING DISTRICT AT 10496 BYRNE"AVENUE, ASSESSOR PARCEL NO. 357714-012 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 II. 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 MM qW WHEREAS, Pp the applicant has meet the burden of proof required to partially support the application, and has satisfied the following criteria: 1) That there are, exceptional or extraordinary circumstances or conditions applicable to the, property involved that do not apply :generally to properties in the same district. There are numerous unimproved corner lots of various sizes in the district; however, there are few corner parcels of this size that require such a large proportional amount of dedicated land for street widening purposes, that is, a 10-foot dedication on two sides of the .property. 2) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant, and to prevent unreasonable property loss or unnecessary hardship. The exceptional dedication reduces the net lot size to 5,667 square feet; which is still considered buildable, but to prevent unnecessary, hardship, the Director finds that granting a development entitlement as if the lot were a standard 6,000 square feet avoids unreasonable property loss and preserves the applicant's property rights. 3) That the 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. All R-1 setbacks and building coverage requirements will be met. The street will be widen to facilitate traffic flow. Resolution No. 12 1-V-96 April 9, 1996 Page -2- 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 modified and approved by the Director of Community Development of the City of Cupertino; and BE 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 1-V-96, as set forth in the Minutes of the Director of Community Development Meeting of April 9, 1996, and are incorporated by reference as though fully set forth herein. 919101 M "• • Application No.: 1-V-96 Applicant: Dan Askorinam Property Owner: Dan Askorinam Location: 10496 Byrne Avenue, Assessor Parcel No. 357-14 -012 SECTION III• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT, 1. ANNEXATION The variance shall become effective upon the effective date of the annexation of this property to Cupertino. 2. MAXIMUM BUILDING AREA The maximum building area granted under this variance is 2,700 square feet or a 0.48 floor -to -area ratio (FAR) whichever is less. The 2,700 square foot maximum building area is based on a FAR of 0.45 for a 6,000 square foot lot. Should the net lot area increase in size above 6,000 square feet through subdivision, lot line adjustment or other land division process, this variance shall become null and void. PASSED AND ADOPTED THIS 9th day of April, 1996, at a Regular Meeting by the Director of Community Development of the City of Cupertino, State of California. _Robert Cowan Robert Cowan Director of Community Development g:/ planning/res 1 v96