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12-EXC-99CITE' OF CUPERTINO 10300 TORRE AVENUE, CUPERTINO, CA 95014 Minutes of the Regular Meeting of the Director of Community Development November 17,1999 5-00 p.m. Conference Room C & D (Lower Level) ORDER OF BUSINESS STAFF PRESENT- Robert Cowan, Director of Community Development Ciddy Wordell, City Planner APPROVAL OF MINUTES Minutes of the October 14, 1999 regular Director of Community Development meeting PUBLIC HEARING 1. Application No: 12-EXC-99 Applicant: Chia-Hsin Tang Location: 10231 Mira Vista Road Exception to second story, north -facing window alignment requirement in accordance with Chapter 19.28.080 of the Cupertino Municipal Code. Staff Presentation: Ms. Wordell summarized the staff report. according to the P ,g description.. She stated that second story windows, facing north on the subj Oct property, are aligned with the second story windows of the residence on the property directly next to it. This condition is not allowed in Cupertino's R-1 ordinance. Therefore, Mr. Tang, is seeking an exception to allow the windows to be aligned. There are some trees and some distance between the two windows. The windows are approximately 75 feet apart, from neighbor to neighbor. The neighbor has an oak tree and Mr. Tang has a plum tree between the two windows. Photographs provided show that, under maximum conditions, there is no privacy problem between the two windows because of the trees. and the distance. However, the plum tree on Mr. Tang's property is deciduous and will drop its leaves, increasing the visibility. The tree on the neighbor's property would not normally be counted as. privacy protection, unless the neighbor agreed that would be. the, case. However in this case, since the tree is an oak, it needs to be retained and can only be trimmed 25 percent. There is a substantial chance that the tree will provide a fair amount of privacy screening. Eased on the fact that, even though the plum tree loses its leaves, the branches provide some screening, and the oak tree is likely to provide a fair amount of screening, and due to the distance, planning staff supports the exception. ( PAGE) Mr. Cowan asked the applicant if he had any comments to present. Mr. Tang declined, stating that Ms. Wordell had covered the issues very well. Mr. Cowan then asked if any other people present would like to make comments. Sue May Jin spoke for herself and her husband Peng Cheng Lin, who is out of town on a business trip. Mr. and Mrs. Lin are the neighbors who would be impacted by the window alignment. Mrs. Lin stated that the condition pertaining to the oak tree creating partial blockage could be changed in a natural disaster storm, earthquake or a disease which could kill the tree. She and her husband do not feel it is their responsibility to provide privacy protection between Mr. Tang's, property and their property. She also expressed concern that her daughter's bedroom has the window which is directly aligned with the window of the subject property. She asked that the City. of Cupertino reassess the application and not ignore her family's privacy. She explained that her family members are long-time residents of Cupertino who really like the city and the neighborhood and they are hoping for a peaceful settlement of this issue. Mr. Cowan asked Mrs. Lin if she had any recommendations she would like to offer. Mrs. Lin said she feels it is the job of the architect to protect the horizontal view of the adjacent building. They have the same architect, and the Lin's house is also under construction. They obtained their permit in October of last,year and are under the old regulations. Mr. Tang's permit was`ssued under the new regulations, and the architect should be held to the new regulations. ` She said one solution could be to close off the window and have a concrete wall, or if that is not feasible, maybe having an obscure window or a louvered window which could block the view. Ms. Wordell said for the record that the pins had, provided a letter on November 16, 1999, stating their concerns prior to the meeting. Mr. Cowan asked for further comments from the audience. Mr. John Klein, 10236 Palo Vista, commented that he also is a long-tim resident of Cupertino. He said that since he has lived there, he has become surrounded by two story houses, and he has never received notice that any of the houses were going to add a second story. He asked if it is City policy to notify the neighbors when a second story is going to be added. Mr. Cowan stated that the law requires notification of neighbors if a house is over a certain floor area ratio or if the lot is substandard or there are any other, exceptions required by virtue of the design itself. The person can either change the plans to make them consistent or file an exception. Ms. Wordell explained that the ordinance for window alignment did not become effective until last March, so the houses around him would have been built without his being notified. Mr. Cowan said the solution for window alignment in the R-1 ordinance is to have the applicant plant trees to provide privacy. If the neighbors do not want the trees planted; they can provide a letter to the City, and the planning department can make adjustments. I PAGE) In this particular case, it is a side yard issue. Mr. Cowan said that in his opinion the law was designed to address two big houses right next to each other which are twenty feet apart and where the neighbors can look out and see directly into the neighboring house For this application, the distance is quite a bit farther. Mrs. Lin restated her opinion that it is up to Mr. Tang to provide privacy protection and not her family's responsibility to maintain the oak tree to give the privacy screening. Mr. Cowan agreed that the privacy protection mechanism should be on the applicant's property, unless the neighbor sends a letter releasing that requirement. Ms. Wordell presented the site plan of the Tang property showing the courtyard with the location of the plum tree. The area is cement. Another tree could be placed in that area. It would not be ideal since the area is concrete and is a, usable courtyard with the kitchen window overlooking the area, but an evergreen tree could be planted to provide more screening. _ Mr. Tang inquired about obscure windows. He asked for a definition of "obscure." Mr. Cowan and Ms. Wordell explained that it would mean a window which did not provide a direct view such as a frosted window or one with a pattern in the glass. Mr. Tang said he would be happy to replace the window with obscure glass, since Mrs. Lin's concerns about her oak tree were valid. He also would be willing to plant another tree close to the boundary of the property if the oak tree is trimmed 25 percent. As large as it is now, the canopy would prevent the new tree from growing well. Mrs. Lin said the obscure window would not be the best solution because the window could be opened and the view would then be direct. Mrs. Lin questioned why the architect did not -follow the new ordinance during the drawing stages of the plans for Mr. Tang's home: Mr. Tang explained that the Lins' home had not actually begun construction, and' -there was no "existing" two story home in place when the plans were drawn for his home. Mr. Cowan said the City attorney has advised the Planning Department that since the plans for the Lin home had been approved at the time the plans were drawn for Mr. Tang's house, it should be considered "existing." Mr. Cowan reviewed the ordinance which states that trees must be planted within the "cone of vision", and side yard windows cannot -align. He said the most pragmatic solution would be through landscaping. The existing landscaping is protective, but there is no guarantee that it will remain. Mr. Cowan provided a list of acceptable trees that could be planted to satisfy privacy protection measures, and said the most feasible planting area for Mr. Tang's property would be the patio area. This would not affect the oak tree in the Lin's yard. The tree would be a 24" box ( approximately 12 ft. high at time of planting), and a type which would provide relative screening within three years. I PAGE) Mr. Cowan granted the exception with the conditions that an awning be installed with the edge of the awning two feet down from the top of the window and an evergreen tree be planted to replace the plum tree. ADJOURNMENT: Having concluded business, the Director of Community Development adjourned the meting. G:Planning/Pdreport/miscell/Dirminutes 111799