Loading...
Reso 10CITY OF CUPERTINO 3-V-95 10300 Torre Avenue, Cupertino, California 95014 RESOLUTION NO. 0.10 OF THE DIRECTOR OF COMMUNITY DEVELOPMENT APPROVING A VARIANCE TO THE ZONING ORDINANCE: SECTION 19.28.060 OF THE CUPERTINO MUNICIPAL CODE, TO EXCEED THE MAXIMUM FLOOD AREA RATIO AND NOT APPLY THE FULL SETBACK SURCHARGE. SECTION I: FINDINGS WHEREAS, the Director of Community Development of the City of Cupertino has received an application for a Variance, as described on Page 1 of this Resolution; and AREAS, the necessary public notices have been given in accordance with the Procedural ordinance of the City of Cupertino and the Planning Director has held at least one public hearing on this matter; and AREAS, the Applicant has met 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 the building that does not apply generally to properties in the same district. The tile roof deck has been reconstructedon at least three occasions, using different construction techniques, and it continues to, leak. The structure has a design Raw that other similar structures in this zoning district do not. experience. Ak 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 loses or unnecessary hardship. The property owner has spent $10,000 attempting to correct the design flaw to no avail. The garage is virtually unusable due to continued water leakage during .the rainy season. 3) That granting of the variance will not detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety and general welfare of the public. The closest structure is 75' from the proposed addition. The closest affected neighbors have sent letters in support of the variance. 4) That a landscaping maintenance condition is required to address privacy for adjoining property west. 5) That views to adjoining property are restricted more with the proposed windows than the existing exterior deck. NOW9 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 recommended for approval by the Director of Community Development of the City of Cupertino and, BE IT FURTHER RESOLVED: That the subconclusions upon which the findings in this Resolution are based and are contained in% the public hearing record concerning,Application 3-V-95, as set forth in the minutes of the Director of Community; Development meeting of January 9, 1996 and are incorporated by reference as though fully set forth herein. Resolution No. 010 (3-V-95) January 9, 1996 Page-2- SECTION II: PROJECT DESCRIPTION Application No: 3-V-95 Applicant: Steven C. Lipp Property Owner: Same Location: 10201 Hillcrest Road SECTION III: CONDITIONS OF APPROVAL I APPROVED EXHIBITS The recommendation of approval is based on the project plans pages 1-3 dated July 28, 1995, except as amended by the conditions contained herein. 2. LANDSCAPING MAINTENANCE The Cypress trees located on the west property line are required to be retained and maintained at the same height as shown in the photo exhibit, dated January 9. 1996 (deck view) Ask PASSED AND ADOPTED this 9th day of January, 1996 at a regular meeting by the Director of Community 1W 1W development of the City of Cupertino, State of California ATTEST: Robert S. Cowan Director of Community Development g/planning/res3v95