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DRC Reso 220DIR-2005-20 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 220 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO DENYING A DIRECTOR'S MINOR MODIFICATION FOR THE CONSTRUCTION OF AN ATTACHED ACCESSORY STRUCTURE TO AN EXISTING SINGLE-FAMILY RESIDENCE .LOCATED AT 21161 CANYON OAK WAY. SECTION I: PROTECT DESCRIPTION Application No.: DIR-2005-20 Applicant: Horst Von Eloes (Fry residence) Location: 21161 Canyon Oak Way 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 not met the burden of proof required to support said application; and has not satisfied any of the following requirements: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposal is consistent with the Cupertino General Plan, zoning ordinance and the purposes of this title; 3. The proposal is consistent with the requirements of the Oak Valley Planned Development area; 4. The proposal is harmonious in scale and design with the general neighborhood; and 5. Adverse visual impacts on adjoining properties have been reasonably mitigated. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the Director's Minor Modification application is hereby recommended for denial; and Resolution No. 220 DIR-2005-20 . August 4, 2005 Page 2 That the subconclusions upon which the findings specified in this resolution are based are contained in the public hearing record concerning Application DIR-200.5-20 as set forth in the Minutes of the Design Review Committee meeting of, August 4, 2005, and are incorporated by reference as though fully, set forth herein. PASSED AND ADOPTED this 4th day of August 2005, 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: Ciddy Wordell City Planner Commissioner Giefer and Chairperson Miller G:\ Planning\ DRC\ res \ DIR-2005-20 res.doc APPROVED: Marty e, Chairperson Desi`ew Committee