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