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01-V-96CITY OF CUP1ERTIINO 10300 TOE AVENU E9 CUPIERTffN®9 CALIFORNIA 95014 MINUTES OF TIIIIIE REGULAR MEETING OF THE DIRECTOR OF COMMUNITY DEVELOPMENT ApAR 991996 5030 P.M. CONFERENCE ROOM C & D (LOWER LEVEL) ORDER OF BUSINESS STAFF PRESENT: Robert Cowan, Director of Community Development Colin Jung, Associate Planner Pamela']Eggen, Staff Assistant APPROVAL OF MINUTES POSTPONEMENTS OR NEW AGENDA ITEM WRITTEN COMMUNICATIONS ORAL COMMUNE -CATIONS PUBLIC HEARING 1. Application No. 1-V-96 Applicant: Ilan Askorinam Property Owner: Same Location: 10496 Byrne Avenue, northeast corner of Byrne and McClellan Rd. Staff Presentation: Mr. Jung presented the application as a variance request to increase the FAR from the required .45 to .55 FAR in a prezoned R1-7.5 lot. He stated the existing lot size is 7,511 sq. ft.. Mr. Jung said to develop in the city, the applicant would need to annex the property and dedicate certain lands for street improvement purposes both along McClellan Load as well as Byrne Avenue. Mr. Jung pointed out that the propertyis on a corner lot and the dedication is 25% of the lot area, about 1,844 sq. ft Mr. Jung said that this would leave a net lot area of 5,667 sq. ft. fora required maximum building area of 2,550 sq. ft. Mr. Jung stated that the applicant wants to be build a house on the property which is over 3,000 sq. ft., for which he needs a .55 FAR. To grant the variance, the hearing officer needs to meet three state mandated findings which are listed in the staff report. In regards to the first variance finding; Mr. Jung pointed out the numerous unimproved corner lots in the vicinity and their dedication requirements which involve two streets. Mr. Jung said there were no exceptional or unique; circumstances for this lot compared to other unincorporated corner lots. Net lot size of 5,667 sq. ft. is still buildable by city standards. In regards to the second variance finding, the net lot area would allow a 2,550 sq. ft. house (.45 FAR). Mr. Jung stated the living space would be about 2,100 sq. ft. which is larger than many of the existing homes. Mr. Jung said he did not think that staff could meet the second finding that without the variance, the applicant was being _denied the enjoyment of his property. Mr. Jung stated that the proposed house meets all of the other zoning requirements for the R1 zoning district in terms of setback, and lot coverage. The improvement of the street would make it safer for motorists using the street. Mr. Jung said that the variance meets the third finding. Director of Community Development Minutes of April 9, 1996 Page -2- Mr. Jung said that the applicant could not make two of the three findings and, therefore, staff was recommending denial. Director Cowan asked the applicant if he would like to snake comments in favor of his position on the findings? Mr. Nelsen, Civil ]Engineer, representing the applicant, said he would like to mentioned the reasons the applicant does meet the findings. He stated the parcel is exceptional because it is on the corner of Byrne and McClellan. Mr. Nelson said the location requires a 10 ft. dedication from both frontages. He mentioned another parcel that did not require this from the County of Santa Clara. The County agreed that there would not have to be a dedication. Mr. Nelsen said that no dedication was required on assessor parcel number 357-15-001. He said .Byrne and Almaden had only a 5 ft. dedication and Almaden and San Fernando a 5 ft. dedication on the frontage. He said that only one lot has to make a dedication of 10 ft. on frontage on parcel APN#: 357-14-015, southeast corner of Dolores and Byrne. Mr. Nelsen said the parcel directly across from that only had to make a 5 ft. dedication along the frontage of Dolores. He said he felt Mr. Askari's parcel is very unique in that he has to make a total dedication of 10 ft. on both streets and that creates a significant hardship.. Mr. Nelsen said Mr. Askari has to give away 25% of his property and the only way that he can justify doing that is by getting a variance. Mr. Nelsen said the only way Mr. Askari can preserve his property value is to construct a residence with a floor area of 3,095 sq. ft. Mr. Nelsen mentioned that the property area was already yielding 25% for public dedication. Mr. Nelsen said that the applicant clearly meets all three findings. Director Cowan said there are verged lot sizes inl!/!o nta Vista. Mr. Cowan reviewed staff information and said the lot would be 5600 sq. ft. Mr. Cowan mentioned that corner lots are burden, because of the dedication but they are not unique. Mr. Nelsen said this one and the one on the other end at the intersection of Dolores are they only ones that have to bear this. He said the parcel on Lomita did not have to have a dedication at all. Director Cowan stated that we do not control the County. The County Board of Supervisors and City Council agree to the plan of having streets widened by 5 ft. on the east/west streets and 60 ft. right-of- way on the north/south streets. Mr. Cowan said he agreed with staffs decision regarding finding 3. ]Manner Jung stated that a .45 FAR on a 6,000 sq. ft. lot would result in a 2,700 sq. ft. house. Mr. Jung said when this number is divided by the net parcel area of this project lot, which is 5,667 sq. ft., the FAIR would be .48. Mr. Nelsen stated they were not asking for a variance from the setbacks, but a proposal for a project that will have an ample yard area and ample room for landscaping. Mr. Nelsen said this dedication would create a financial hardship and the loss of 25% of his applicant's lot. Mr. Nelsen said the only way to recoup is to try to get the floor area ratio up to 0.55. Director Cowan said he appreciated the comments about complying with the zoning requirements, but he is convinced that there is an extraordinary dedication here. Mr. Cowan said the dedication -for the community as a whole is for 60 ft. wide streets. He mentioned in this particular area, there are some Director of Community Development Minutes of April 9, 1996 Page -3- east/west streets, where 5 ft. dedications are allowed. Mr. Cowan stated he could make variance findings No. 2 and No. 3 and partially on finding No. 1. Because of the extraordinary dedication of land and to allow reasonable use of the property, the Director finds that a house size based on an average Cupertino lot of 6,000 sq. ft. with a .45 FAR should be granted. Director Cowan stated his decision could be appealed to the planning Commission within fourteen days. Mr. Jung asked Mr. Cowan if his action was to find partial support of the variance with a modification of .48 ]FAIL which would allow a 2,700 sq. ft. house on the net lot size. Director Cowan answered yes. Mr. Jung asked if this maximum building area was based on a .45 ]FAR for a 6,000 sq. ft. lot. Director Cowan stated yes. ADJOURNMENT: Having concluded business, the Director of Community Development adjourned at 5:56 P.M. Respectfully submitted,' Pamela ]Eggers, Admin. Cleo Approved by the Director of Community Development Robert Cowan, Director of Community Development Attest: Kim Smith, City Clerk c:/winword/pdmin4-9