R-2001-04b
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C lTY 0 F
CUPERJINO
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
COMMUNITY DEVELOPMENT
March 29,2001
Mr. Brad O'Donnell
- P.O. Box 1518
Los Gatos, CA 95031
SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application 04-R-Ol
This letter confirms the decision of the Design Review Committee, given at the meeting of
March 28, 2001, approving design details of an approved housing development; related to
railings, eaves, and entries, according to Design Review Resolution No. 42.
Please be aware that if this permit is not used within one year, it shall expire on
March 28, 2002.
Also note that an appeal of this decision can be made within 14 calendar days of the decision. If
this occurs, you will be notified of a public hearing which will be scheduled before the City
Council.
s~.eilrelY', A,' ' 'J I .
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Peter Gilli
Associate Planner
Enclosures:
Resolution No. 42
g:planning/DRC Committee/action letter 04-R-Ol
P'r;"' te::' t;:'~ ,=r':;C'c'C"i'5'--7 P,-:: :-;.,
04-R-Ol
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO, 42
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
EXCEPTIONS TO SECTION 19.28,060 OF THE MUNICIPAL CODE TO ALLOW A NEW TWO-
STORY RESIDENCE AND A SECOND STORY DECK EXCEPTION,
SECTION 1: PROJECT DESCRIPTION
Application No,:
Applicant:
Location:
04-R-Ol
Bill Gignac & Nancy Keder
10255 Hillcrest 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, The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and
intent of this chapter, as the design is not massive, bulky and has minimal visual impacts, as the
ordinance intended, but the design incorporates an exposed below-grade garage that is not typical
of development in the City,
2, The granting of the exception will not result in a condition that is materially detrimental to the
public health, safety and welfare, since the residence will appear to be a single story residence from
neighboring properties,
3, The exception 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,
4, The proposed exception will not result in significant visual impacts as viewed from abutting
properties since the residence will appear as a single story residence from neighboring properties,
5, The deck design is such that it decreases privacy intrusion to adjoining properties to the greatest
extent, as the deck is being placed where it has no direct views into neighboring yards,
Resolution No, 42
Page 2
04-R-Ol
March 28, 2001
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the exception to Section 19.28,060 and the second story deck exception is hereby approved
subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof; 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 04-R-Ol set forth in the Minutes of
the Design Review Committee meeting of, March 28, 2001, and are incorporated by reference as
though fully set forth herein,
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1, APPROVED PROJECT
This approval is for a new residence based on the plan set entitled "A Residence For Bill Gignac
and Nancy Keder" by THIS Design and Development, dated November 20, 2000, last revised on
February 13,2001 as amended by this resolution,
2, PRIVACY PROTECTION
This project is exempt from privacy protection requirements of Chapter 19.28 of the Cupertino
Municipal Code,
PASSED AND ADOPTED this 28th day of March, 2001, at a Regular Meeting of the Design Review
Committee of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Chen, Chairperson Corr
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Isl Ciddv Wordell
Ciddy Wordell
City Planner
Isl Charles Corr
Charles Corr, Chairperson
Design Review Committee
g/planningldrc/04-R-Ol res,doc
A RE51DENCE FOR
SILL GIGNAC AND NANCY KEDER
T.H.I.S. DESIGN
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