DRC Reso 248 R-2006-49
CITY OF C UPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 248
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A 618-
SQUARE FOOT SECOND STORY ADDITION TO AN EXISTING SINGLE-STORY RESIDENCE
WITH AN EXCEPTION FOR REDUCED FRONT YARD AND REAR YARD SECOND STORY
SETBACKS
SECTION I: PROTECT DESCRIPTION
Application No.: R-2006-49
Applicant: Steve Benzing
Location: 10501 N. Portal Avenue
SECTION II: FINDINGS
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Design Review Committee has held one or more public
hearings on this matter;and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1. That the literal enforcement of the provisions of this title will result in restrictions inconsistent
with the spirit and intent of this title.
2. That the approval of the exceptions will not result in a condition that is materially detrimental to
the public health, safety,or welfare.
3. That the exceptions to be granted are ones that will require the least modification of the prescribed
regulations and the minimum variance that will accomplish the purpose.
4. The proposed exception will not result in significant visual impact as viewed from abutting
properties,
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the design review application 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 R-2006-49 set forth in the Minutes
of the Design Review Coininittee meeting of February 1, 2007 are incorporated by reference as though
fully set forth herein.
Resolution No. 248 R-2006-49 February 1, 2007
Page 2
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED PROTECT
This approval is based on a plan set prepared by Steve Benzing, Architect, for a second story
addition at 10501 N. Portal Avenue for Mr. & Mrs. Scott Murray, dated October 20, 2006,
consisting of three sheets, except as may be amended by conditions in this resolution.
2. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Design Review Committee.
3. SECOND STORY WINDOWS
The applicant shall provide obscure glazing on all second story windows on the rear (west)
elevation of the addition to mitigate privacy impacts onto the adjacent neighbors to the west. The
type of obscure glazing shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits.
4. SECOND STORY SETBACKS
The applicant is granted approval of an exception to the front yard and rear yard second story
setbacks in accordance with the approved plan set dated October 20,2006.
5. 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 perioci 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.
PASSED AND ADOPTED this 1st day of February 2007, 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 Chien,Wong
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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Ciddy Wordel Cary Chien, hairperson
City Planner Design Review Committee