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03-V-95CITY OF CUPEICBTINO 10300 TORRE AVENUE, E, CUPERTINO, CALIFORNIA 95014 MINUTES OF THE REGULAR MEETING OF THE DIRECTOR OF COMMUNITY DEVELOPMENT January 9, I996 5:30 P.M. CONFERENCE ROOM & D (LOWER LEVEL) ORDER OF BUSINESS STAFF PRESENT. Robert Cowan, Director of Community Development Michele Bjurman, Planner II Pamela Eggen, Staff Assistant APPROVAL OF MINUTES POSTPONEMENT OIL °DYER AGENDA ITEMS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS PUBLIC HEARING 1. Application No. 3-V-95 Applicant: Steven C. Lipp Property Owner: Same Location: 10201 Hillcrest Road Staff Presentation: Planner Bjurman stated the application was a two part variance request. The first part of the request regards the second floor setback surcharge.Ms. Bjurman explained that the applicant does not meet the side yard setback design by 8 ft. of the 15 ft. that is required. She pointed out that the staff reportsaid 14 ft., but actually it is 8 ft. In addition, after the street dedication is completed, the floor area ratio would exceed the 45% or be equal to 49% or exceed by 4%. She described the existing scenario as shown on the exhibit. Ms. Bjurman discussed the`leaking of rain in the deck area. Planner Bjurman mentioned that the staff report included the description of the changes and the costs for the applicant to repair the deck. She stated that a building inspector did check the deck and that there were no alternative structural changes that could be done. The applicant had tried all of the alternatives. The inspector concluded that there is a design flaw that is applicable to this structure that would not exist on other structures in the same zoning district. Ms. Bjurman said the applicant has met the state mandated variance requirements. Ms. Bjurman stated she had received letters of support from all of the property owners. Ms. Bjunnan stated that staff was recommending approval of the variance request. Director Cowan opened the discussion by asking if the applicant met the setback requirements. Planner Bjurman stated yes that the applicant met the off set. Mr. C. B. Bristow, 10211 Hillcrest Road, stated his house was most effected by this variance. Mr. Cowan stated there were three findings that needed to be made. Minutes of the Planning Director's Meeting of January 9, 1996 Page -2- Mr. Steven Smith, 10221 Hillcrest road, and Mr. C. B. Bristow discussed where their houses were located. Mr. Steven Lipp, 10201 Hillcrest road, discussed the two areas of home that were leaking the most. Mr. Lipp stated that he had tried other ways to repair the leakage,, but could not locate the leaks. Mr. Bristow said that he wanted to review the plans. Mr. Lipp stated his neighbor had a concern regarding his privacy. Mr. Lipp said he had Italian Cypress trees which were trimmed so that they would grow in fuller blocking the view of the Bristow's backyard. He pointed out that the existing deck had the same view as would the windows. Director Cowan said they should be able to negotiate an agreement for everyone concerned. Mr. Bristow pointed out on the exhibit where the extension would be and where his property is in view of Mr. Lipp's property. He stated that :itwas interfering with his privacy. He mentioned that he is in support of Mr. Lipp's application, but wondered if it was possible to require on windows that would give light rather than a view of the major part of his backyard. Mr. Lipp explained he could only see a portion of Mr. Bristow's pool. He stated the topping of the trees would grow and block the view of the backyard. He stated that portion would be restricted by the size of the windows also. Mr. Bristow said he understood, but would prefer the windows were for light rather than for viewing. Mr. Lipp stated that was mainly what they were for. Mr. Smith asked if the side and rear yard were within the code? Planner Bjurman stated the rear yard setback was within the code, but side yard was not. She said that to be in code it would have to be set back 8 ft. more. Mr. Lipp stated he would be willing to have the cypress tree as part of the conditions. Director Cowan stated the most pragmatic solution would be to put the landscaping requirements in writing. Director Cowan stated the application does meet the state law for a variance and he approved the variance application. He also mentioned he wanted a condition regarding the landscaping screen. Mr. Lipp mentioned his other concern were the arched windows. He wanted to know if there would be arched windows in front or square windows? f Planner Bjurman pointed out the features that exist now on the house. She suggested rounded windows. O Minutes of the Planning Director's Meeting of January 9, 1996 Page -3- Mr. Lipp pointed out that the house down the street was the reverse of his house and that particular house had arched windows. Director Cowan stated it was not very pragmatic and asked if there was only one condition? Planner Bjurman said that was the only one. Director Cowan said he wanted to replace Condition No. 2 with the condition that involves the landscaping. Director Cowan asked if there were any other additional comments? Planner Bjurman asked Director Cowan to clarify on how to make"run with the lands" long-term. Director Cowan said a variance "run with the land" in perpetuity so as long as the structure is there. This condition would be linked to the variance. A future owner would have to come back and try to amend that. Mr. Smith asked if the landscape condition would be added due to the fact that there were some concerns regarding privacy? ' Director Cowan said that would be in the findings. Mr. Cowan stated he had no additional comments to make. Planner Bjurman reminded everyone that there was a fourteen day appeal period. She said she would modify the resolution and make sure everyone present would received a copy. ADJOURNMENT.- Laving concluded business, the Director of Community Development adjourned at 5:50 p.m. respectfully submitted, Pamela Eggen; Admin. 1 k Approved y e Direct of Community Development UA4JnIrOA—A'III Robert Cowan, Director of Community Development Attest: R Kim Smith, City Clerk clwinword/pdmin ,