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DRC 11-20-02Cupertino, CA 95014 (408) 777-3308 Design Review Committee November 20, 2002 APPROVED MINUTES OF THE REGULAR MEETING OF THE DESIGN REVIEW COMMITTEE HELD ON NOVEMBER 20, 2002 ROLL CALL Committee Members present: Marc Auerbach, Chairperson Taghi Saadati, Commissioner Committee Members absent: None Staff present: Gary Chao, Assistant Planner APPROVAL OF MINUTES: October 16, 2002 Minutes of the October 16, 2002 Design Review Committee approved with the following corrections: Page 4, paragraph 2, sentence 2 should read 'Mr. Chao stated that could be avoided by flipping the house'. Page 4, paragraph 3, sentence 6 should read 'Which would give the south neighbor greater setbacks'. WRITTEN COMMUNICATIONS: Letter of concern was received from Nabil & Salwa Ibrahim, 21921 Alcazar Avenue, regarding R-2002-15. POSTPONEMENTS/REMOVAL FROM CALENDAR: 2. R-2002-17; Rob McCready, 18840 Tuggle Avenue Request postponement to the December 4, 2002 meeting. ORAL COMMUNICATION: None CONSENT CALENDAR: None OLD BUSINESS: None - NEW BUSINESS: None Design Review Committee November 20, 2002 PUBLIC HEARING: Application: Applicant: Location: R-2002-14 Janet Chuang 10656 Randy Lane Residential Design Review of a single-family, 770 square foot addition to an existing residence in the P(A1) zoning district. Design Review Committee decision final unless appealed Staff Presentation: Peter Gilli, Associate Planner, explained that this is the first application that has been submitted since the Randy Lane/Larry Way neighborhood rezoning. Under the interim ordinance, all additions require design review. This project is well under the 45% maximum floor area ratio (FAR) requirement. It does not conform to the setback requirements in the A1 zone, but the applicant has received approval from the affected neighbor to extend the legal non-conforming setback. This project has been brought before the neighborhood group that is talking about new regulations for the neighborhood and the entire group is supportive. Staff recommends approval. Mr. Saadati asked about the process of having neighbors sign approval of extending a legal non-conforming setback. Mr. Gilli explained that the current regulation in A1 zoning allows an applicant to extend the setback once without neighbor approval and in the R1 zoning district the applicant is allowed to extend the setback once, but the affected neighbor has to approve. Janet Chuang, applicant, says that they have worked with staff and agrees with Mr. Gilli's comments. MOTION: SECOND: ABSENT: ABSTAIN: VOTE: Commissioner Saadati moved to approve R-2002-14. Chairperson Auerbach None None Approved 2-0 Application: Applicant: Location: R-2002-17 Rob McCready 18840 Tuggle Avenue Residential Design Review of a new, two-story residence with a 45% floor area ratio on a 5,355 square foot parcel. 3 Design Review Committee decision ,final unless appealed Request postponement to the December 4, 2002 meeting. Design Review Committee November 20, 2002 MOTION: SECOND: ABSENT: ABSTAIN: VOTE: Commissioner Saadati moved to postpone R-2002-17 to the December 4, 2002 meeting. Chairperson Auerbach None None Postponed 2 - 0 Application: Applicant: Location: R-2002-15 Christen Fischbach 10354 Byrne Avenue Residential Design Review for a 935 square foot, first and second story addition to an existing residence. Design Review Committee decision final unless appealed Staff Presentation: Gary Chao, Assistant Planner, gave a brief description of the project and stated the project satisfies all of the standards set forth in the Design Guidelines and the R-1 ordinance with the exception of the privacy protection. The design of the house is compatible with the surrounding neighborhood. Staff and Larry Cannon, Architectural Consultant, have made a few suggestions to improve on the proposed house. To help break up the mass, staff recommends continuing the first story roof eave on the west elevation. On the same elevation, the proposed upper bathroom window is too close to the roof eave. The window should be lowered to have a similar relationship to the eaves shown on the first floor windows. Both of these suggestions have been made part of the conditions of approval and the applicant has been made aware of this. There is an existing six-foot fence and patio cover located in the new front yard area. The City's ordinance does not allow any fence higher than 3-feet or accessory structures in the front yard area. Staff is recommending that a condition be added to remove the existing six-foot fence and patio cover from the front yard. Regarding privacy protection, Mr. Chao explained that the applicant has obtained a privacy protection waiver from the neighbor on the north so no new trees are required on that side of the proposed house. Staff received a letter of concern from the neighbors on the east side of the project. They are concerned about the two proposed second story bay windows along the east elevation. They would like the design and location of the bay windows to be modified or relocated to minimize privacy intrusion. The neighbors are also requesting that the applicant replace some of the deciduous trees along the east property line with Evergreen trees. As part of the project, the applicant is proposing to plant two new Marina trees and three Fern Pine shrubs to help screen the proposed second story windows. The existing trees along the east of the property line are not 4 Design Review Committee November 20, 2002 City approved screening trees. Staff is recommending that a condition be added that requires that applicant to revise or relocate the two bay windows so that they do not require privacy protection planting. Due to the amount of changes, Staff recommends that the Committee continue the application to the next Design Review meeting to allow the applicant sufficient time to work with the neighbors to address the privacy issues. Discussion continued about the two bay windows and the proposed privacy screening trees. Mr. Saadati was interested in looking at the color board and how the materials fit into the neighborhood. Mr. Auerbach asked if there was any ordinance or requirements regarding the maintenance of mature trees and asked about the spacing of the trees. Mr. Chao stated that there are specific requirements with the spacing of trees, but nothing for the distance between structures or fences. Mr. Auerbach asked if it would be okay to record the existing trees on the same covenant even though they are not City approved trees. Mr. Chao said that would be fine as long as the affected neighbor agrees that the existing trees provide adequate screening in addition to the new trees. The Committee received a letter of concern from Nabil and Salwa Ibrahim, 21921 Alcazar Avenue. Tim Limon, owner, stated that he sat down with Nabil and Salwa Ibrahim one evening to discuss the privacy screening issues. Ms. Ibrahim suggested Pencil Trees that are a tall Cypress. Mr. Limon's arborist reviewed the suggestion and felt that the original proposed screening trees were a better option. Mr. Saadati asked about the bay windows. Mike Kastrop, Architect, explained that the applicant has two young girls and for privacy, the windows were placed on the backside. The bay windows were designed as they were for morning light and for the girls for reading. Moving the windows would not be an option. Mr. Kastrop feels that the privacy issues can be resolved with careful screening. Mr. Saadati asked about the windows on the north elevation. Mr. Kastrop said that they could be lowered. Mr. Auerbach asked the applicants if there were any concerns with lowering the fence or removing the patio cover from the front yard area. The applicants answered no. Lilia Limon, owner, stated that they did not get involved with the Ibrahim's two story addition. There were privacy issues even before their proposed additions. This is why the black oak and locust trees were planted on the east elevation in the first place. Nabil Ibrahim, 10354 Byrne Avenue, believes that the proposed project violates their privacy, specifically, the size and location of the two bay windows. The existing trees do not provide adequate screening. Barbara Gwozdz, 10363 Byrne Avenue, spoke in favor of the proposed project and feels that it will help the tie the neighborhood together. Design Review Committee November 20, 2002 The Committee agrees that there is opportunity to resolve the privacy issues and would like to see this item continued. MOTION: SECOND: ABSENT: ABSTAIN: VOTE: Commissioner Saadati moved to continue R-2002-15 to the next regular meeting. Chairperson Auerbach None None 2-0 Application: Applicant: Location: R-2002-16 Danny Lee 22260 Cupertino Road Residential Design Review to construct a 5,844 square foot, two-story residence. Design Review Committee decision final unless appealed Staff Presentation: Gary Chao, Assistant Planner, gave a brief description of the project. The proposed project is consistent with the City's guidelines. Larry Cannon, Architectural Consultant, has reviewed the project and found the project to be well designed and consistent with the surrounding neighborhood. The applicant is proposing ten 24' boxed Poplar trees along the south and west elevation to screen the new second story windows. However, Poplar trees are not City approved screening trees and as a condition, staff has required that the applicant submit a revised landscaping plan indicating City approved privacy-screening trees prior to building permits. Staff recommends approval. Daryl Fazekas, architect, stated that he tried to design the house to have a lot of one story rooflines showing. He and his applicant are ready to work with staff on privacy screening trees. Linda Baratz, 22314 Cupertino Road, is neither for nor against the project. Ms. Baratz simply stated that although the design appears to be a single-family dwelling, it is a very large house and she is concerned that it may contain multiple tenants. Mr. Chao stated that there are no provisions in the code prohibiting an owner from renting a room out to different people. He is not aware of any plan for individual or separate dwellings on the site. The zoning for the property is zoned for single-family dwellings. The applicant has proposed a single-family dwelling and that is what Mr. Chao is approving. Jan Stoeckenius, 22386 Cupertino Road, is concerned about the long stretch of house and feels that it spreads too long along Cupertino Road. He stated the three-car garage 6 Design Review Committee November 20, 2002 currently has a double and single door spreading toward the west from the main house. Mr. Stoeckenius suggested instead do that with a tandem for the third space, thereby cutting off the single door to the garage and then making the double door into two single doors to break up the large elements close to the street. Julia Tien, 22386 Cupertino Road, feels that since this house is on a corner lot, it is like there are two fronts to the house, one on Carmen and one on Cupertino Road. The combination makes for a very large house. Ms. Tien also feels that the garage extension really sticks out. She suggests pulling the garage around to the southwest corner of the house with the driveway going around so one could not even see it. Another idea to reduce the length of the house would be to take some of the footprint from the first floor and add it to the second floor. Mr. Fazekas responded to the comments stating that the garage is a one-story element with no second floor over the garage. If the applicant went to a tandem it would block the kitchen. There will be a fence installed to match up with the front of the garage, creating the backyard. Commissioner Saadati stated that the new trees would help break up some of the mass. Audrey D'urso, 22291 Cupertino Road, wanted to confirm that this proposed project will be a single-family residence. There are currently three mailboxes at the property. Gulsen Maloney, 22333 Cupertino Road, was concerned about the size of the large home and whether or not this would be a single-family residence. The three existing mailboxes are misleading. Ms. Maloney does not believe that this home fits the character of the existing neighborhood. MOTION: SECOND: ABSENT: ABSTAIN: VOTE: Commissioner Saadati moved to approve R-2002~16 with the condition that the applicant works with staff to minimize the size of the project by means of landscaping and working on the garage to the satisfaction of the Director of Community Development. Chairperson Auerbach None None Approved 2-0 Respectfully submitted: Kiersa Witt Administrative Clerk g:planning/DRC Committee/Minutes112002