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DRC Reso 265 EXG2008-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 265 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO TO CONSTRUCT A PORTION OF A SIDE-YARD ADDITION TO WITHIN FIVE FEET OF THE RIGHT SIDE PROPERTY LINE. SECTION I: PROTECT DESCRIPTION Application No.: EXC-2008-02 Applicant: Michael Abler Location: 10767 Brookwell Drive SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application to construct a portion of a side-yard addition to within five-feet of the right, side property line. WHEREAS, the Design Review Committee finds that the changes are beneficial and compatible with the surrounding area; 1. Literal Enforcement o the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter The intent of the ordinance is addressed. The lot is non-typical in shape, and the proposal maintains the existing right side setback. 2. The proposed development will not be in�urious to propert oi� r improvements in the area, nor detrimental to the public health, sa�t�, or welfare The proposed setbacks are consistent with the neighborhood pattern and will not create public health, safety or welfare issues. 3. The exc�tion to be granted is one that will require the least modification of the prescribed design regulation and the minimum variance that will accomplish the purpose Resolution No. 265 EXC-2008-02 March 6,2008 Page 2 The majority of the proposed setback exceptions are proposed along portions of the parcel that is non-conforming in width. The right side setback meets the required ten-foot setback towards the rear of the residence, as the lot widens toward the rear. 4. The�ro�posed exc�tion will not result in significant visual impact as viewed from abutting properties The proposed setback is compatible with neighboring buildings and will not result in significant visual impacts. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the Application No. EXC-2008-02, is hereby approved; 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 EXC-2008-02 as set forth in the Minutes of the Design Review Committee Meeting of March 6, 2008, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set as part of the staff report to the Design Review Committee dated March 6, 2008, except as may be amended by conditions in this resolution. 2. EXCEPTION APPROVAL Approval is hereby granted for the construction of a portion of a side-yard addition to within five-feet of the right, side property line. 3. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. Resolution No. 265 EXC-2008-02 March 6,2008 Page 3 PASSED AND ADOPTED this 6� day of March 2008, 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: Chairperson Giefer, Rose NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: " � ! j i i .� �� � � �� ��� � � -z=� �'---�j ���7 , Ciddy Wordell Lis Gie r, Chai � City Planner Design Review Committee