02-V-93CITY OF CII)PERTINO
10300 TORRE AVENUE, CUPEIRTINO9 CALIFORNIA95014
MINUTES OF THE REGULAR MEETING
OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
APRIIL 991993
5:30 PAL CONFERENCE ROOD C & D (LOWER L,EVEIL)
ORDER OF BUSINESS
STAFF PRESENT: Robert Cowan, Director of Community Development
Ifichele l3jurngan, Planner 11
Pamela Fggen, Staff Assistant
The greeting began at 5:40 p.m.
POSTPONEMENTS
1. Application No. 1-Vm93: R & Z Development, North end of Adriana Avenue: Postponed to the greeting of
April 20, 1993.
PUBLIC HEARING
2. Application No. 2-V-93
Applicant: Bangalore R. Natarajan
Location: North side of Kirwin bane east of Felton Way
Robert Cowan outlined the variance and appeal procedures.
Staff Presentation: Nachele Bjurman, presented the staff report. She stated the site is a single family home on a
15,000 sl, fl. lot. She referred to the plans and aerial on the bulletin board. She stated ghat the applicant was
requesting a variance to the zoning ordinance: Section 19.18, side yard setbacks and Section 19.19.30, second
units. lbs. 'Pjurman pointed put an error in the staff report regarding rear yard and side .yard setbacks, which was
originally stated as 10' and should be changed to 4.1/2'. Ms. IBjurman pointed out the applicant must greet all three
findings to be granted approval. Ads. Bjurgoan stated the application greets one of three finditngs and. therefore
recommends denial.
Robert Cowan asked for a presentation from the applicant.
Mr. Natarajan stated there were no records of building permits either at the County of :Santa Mara or City of
Cupertino The original owner built the existing building. Also, the adjoining neighbor has a similar structure
which was constructed with permits from the County of Santa Mara. He further pointed out that due to the large
parcel, no impact to adjoining properties will occur.
Scott Parcel, 21470 Columbus Avenue, stated that in the past the County allowed buildings to be constructed on
the property line. He stated no impact to his parcel is occurring.
k4r. Cowan stated the lot was unusually large (15,000 sq. f1.).
Idr. Natarajan said he wants to refurbish his house. The applicant requested approval.
Ids. IBjurman confirmed there were no building permit records with the County or City of Cupertino.
Dean Skeels, 21430 Columbus Avenue, stated that the structure does not affect the neighborhood and he has no
objection. He asked for clarification how setbacks are determined.
Director of Community Development Minutes
Regular Meeting of April 7, 1993
Page -2-
Ms. Bjurman stated setbacks are based on the vertical wall plane. For the first 71 of building wall as equal to 3
ft. setback. For every additional one foot of building height is equal to one and one half foot of additional setback.
Mr. Cowan stated according to building codes, it has to have a minimum 3 & setback without a one or two hour
fire wall.
Mr. Cowan asked if there were any additional comments from the public. He then asked staff if he choose to
approve the application, what conditions would staff require?
Ms. Bjurman stated requirements related to building, fire and sanitary codes.
Mr. Cowan stated that it is usually difficult to rationalize the approval of a variance. However, the m idence in this
case was very clear. The applicant must meet the three findings. In this case finding one is made because of the
uniqueness of the lot size. Mr. Cowan stated everyone is allowed to have a second unit. He stated it would be
costly to tear down and rebuild the existing room. From a practical point of view, a new confornung building
would not look much different than the existing room. He also said that the existing structure, as evi fenced by the
public testimony, is not injurious to surrounding property values.
Mr. Cowan stated that he would grant the variance with conditions of approval which include bringing the
building up to building code, sanitary requirements, architectural styles to match neighborhood, and Central Fire
District review.
Mr. Cowan granted the variance.
Ms. Bjurman outlined that a 14 day appeal period exists following the decision. If it is appealed it will go to
Planning Commission and City Council. The Planning Commissioners and City Councilmembers have the right
to appeal also.
ADJOURNMENT: Having concluded business, the Director of Community Development adjourned at 5:58 p.m.
to the next regular meeting of April 20, 1993 at 5:00 p.m.
Respectfully submitted,
Pamela Eggen, Admin. Cler1/ (/
Approved by the Director of Community Development
99"- fme-3
Robert Cowan, Director of Community Development
Attest:
Dorothy Corneli , City Clerk
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