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DRC Reso 115R-2003-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 115 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN EXCEPTION TO ALLOW A THREE-FOOT SIDE SETBACK FOR AN EXISTING GARAGE PROPOSED TO BE ATTACHED TO AN EXISTING HOUSE SECTION I: PROTECT DESCRIPTION .Application No.: R-2003-11 Applicant: Bob and Rhonda Hoxsie Location: 10545 Mira Vista Avenue SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application for a Side Yard Building Setback Exception to the R1 Zoning Ordinance, as described in this Resolution; and WHEREAS, the Design Review Committee finds that the changes are beneficial and compatible with the surrounding area; 1. That the literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title in . that the exception will allow the applicant to make a reasonable addition to his residence, below the maximum building area allowed and without removing a mature tree, the owner wishes to retain. 2. That the granting of the exception will not result in a condition which is materially detrimental to the public health, safety, or welfare in that the addition does not interfere with existing circulation patterns nor does it intrude on the privacy of adjacent neighboring yards; and 3. That the exception to be granted is one that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose. The exception does not reduce existing building setbacks, it merely maintains the existing condition. 4. The proposed exception will not result in significant visual impacts as viewed from abutting properties. Resolution No. 115 R-2003-11 August 6, 2003 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application no. R-2003-11, 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-2003-11 as set forth in the Minutes of the Design Review Committee Meeting of August 6, 2003, and are incorporated by reference -herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on exhibits entitled: "Additions to Residence For: Bob & Ronda Hoxsie, 10545 Mira Vista Avenue, Cupertino, CA 95014", consisting of 6 pages labeled 1 through 6 and dated July 2, 2003. 2. 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. 3. COASTAL REDWOOD TREE PROTECTION Since the retention of the 52" coastal redwood tree is one of the reasons for granting the exception, the tree shall be considered a "specimen tree" and subject to the same protections afforded to specimen and heritage trees as regulated by City ordinance. The applicant shall also record an appropriate covenant on his property, stating its protected status, prior to building permit approval. 4. EXTENSION OF EXISTING BUILDING LINES The R1 zoning provision that allows the one-time extension of a building line that does not meet the required building setbacks shall not apply toward the continuation of the garage building line. Resolution No. 115 R-2003-11 August 6, 2003 PASSED AND ADOPTED this 6t" day of August 2003 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: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: / s / Ciddy Wordell Ciddy Wordell City Planner G.lplaatnin&1dre/res1R-2003-11.doc Commissioner Wong and Chairperson Saadati APPROVED: / s / Taghi Saadati Taghi Saadati, Chairperson Design Review Committee