DRC Reso 202R-2005-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 202
OF THE DESIGN REVIEW -COMMITTEE MITTEE OF THE CITY OF CUPERTINO
FOR AN EXCEPTION FOR A 22'-9" FRONT YARD SETBACK FOR A
NEW RESIDENCE WHERE 25 FEET IS REQUIRED BY THE STEVENS
CREEK SUBDIVISION MAP (TRACT NO.139)
SECTION I: PROTECT DESCRIPTION
Application No.: R-2005-05
Applicant: Andy DeBaets
Location: 10339- Byrne Avenue
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a Sign Exception, as described in this Resolution; and
WHEREAS, the Design Review Committee finds that the changes are beneficial and,
compatible with the surrounding area;
1. The literal enforcement of this chapter will result in restrictions inconsistent with
the spirit and intent of this chapter.
2. The proposed development will not be injurious to property or improvements in
the area, nor be detrimental to the public safety, health and welfare.
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 impact as viewed
from abutting properties.
5. The project will be compatible with the surround buildings and will not result in
any visual impacts when viewed from the abutting properties.
Resolution No. 202 R-2005-05 March 3, 2005
Page 2
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-2005-05, is here by 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-2005-05 as set forth in the Minutes of the Design Review Committee Meeting of
March 3, 2005, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on a plan set entitled: "New Single Family Residence for Mr. &
Mrs. Andy DEBAETS,10339 Byrne Avenue, Cupertino, CA. 95004;' dated June 9,
2004, except as amended by this resolution.
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 periodcomplying with all:
of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
PASSED AND ADOPTED this 3rd day of March 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: Commissioner Saadati and Acting Chairperson
Gief er
NOES: COMMISSIONERS:
ABSTAIN: - COMMISSIONERS:
ABSENT: COMMISSIONERS: Chairperson Miller
ATTEST: PPROVE,
Ciddy Wor ell L a C�iefex, cting C i�p` on
City Planner Design Review Commiee