02-V-97CITY OF CUPERTINO
10300 Torre Aventine, Cupertino, California 950141
DEPAR MERIT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: 2-V-97 Agenda Date: September 17, 1997
Applicant: Haniway Construction
Proper ty.®wner: Mikio Kiyono and Kimiko
Property Location: 10740 Randy Lane
Residential Project Data:
General Plan Designation: Low-Density/Residential (1-5 du/ac)
Zoning De ignation: Al-43 (Agricultural -Residential Zoning District)
Lot Size: 10,592 square feet
Existing Building Area: 1,645 square feet
Proposed Addition: 916 square feet
Proposed Total wilding Area.: 2,561 square feet
Proposed Floor Area Ratio: .24
Setbacks Existing Required Proposed
front 25 feet 30 feet n/a
rear 20 feet 20 feet n/a
side (interior) 14 feet 20 feet 14 feet
side (street) 20 feet 20 feet 20 feet
Project Consistency with: General Plan yes Zoning n/a
Environmental Assessment: Categorically Exempt
Application Summary -
VARIANCE to side setback in an Al-43 zoning district to allow a 14-foot setback where
20-feet is required for a 916 square foot addition to an existing residence.
BACKGROUND:
The house is a single story, single-family home located in a Al-43 zoning district. The
residence.is part of a large neighborhood that includes Larry Way and the northern part of
Randy Lane that is all zoned Al-43. All of the residences in this neighborhood exhibit the
traditional "parallel orientation" of building walls to lot lines except the subject residence
and another corner residence across bandy Lane (Exhibit A). These two houses are
positioned at a 45 degree angle from the property lines (See plan set). Most of the lots in
this neighborhood are 75.4 feet wide, which makes the 20-foot side setback : very
restrictive. A field survey of the neighborhood shows that the vast majority of the
residences were built with much smaller side setbacks averaging 10 feet.
DISCUSSION:
The property owners plan to connect the existing house to the garage with room
additions. The owners are requesting a variance to allow a 14-foot interior side setback in
lieu of the required 20-feet. The variance request matches the existing interior side
setback for this residence. To grant a variance, three findings must be made. These
findings are shown below in boldface with pertinent staff responses following each
finding in italics:
1. That there are exceptional or extraordinary circumstances or conditions
applying to the land, building or use referred to in the application, which
circumstances or conditions do not apply generally to land, buildings and/or uses
in the same district.
All property owners in this neighborhood have building walls parallel to the side
property lines except the subject house and the house across the street which have a
45 degree orientation to property lines. The more common parallel orientation
enables property owners to take advantage of yard encroachments allowed in
Cupertino Municipal Code Section 19.20.070 (See Exhibit B). This Code section
allows the property owner to extend a legal nonconforming side setback one time
along the existing building line. The subject property owner cannot take advantage of
this Code section because of the exceptional circumstance of having a building line at
severe angle to the property line.
2. That the granting of the application is necessary for the preservation and
enjoyment of substantial property rights of the petitioner.
Orientation of house and side setback restrictions prevent the owners from making
reasonable additions to their house which are afforded to similarly situated
neighbors. The variance is necessary for the preservation and enjoyment of
substantial property rights of the petitioner.
3. That the granting of the application will not, under the circumstances of the
particular case, materially affect adversely the health and safety of persons
residing or working in the neighborhood of the property of the applicant and
will not, under the circumstances of the particular case, be materially
detrimental to the public welfare or injurious to property or improvements in
said neighborhood.
The addition to the property will not have an adverse impact on the health and safety
ofpersons residing or working in the neighborhood or detrimental to the neighbors'
property. Only one side of the house will encroach on the required setback. The
variance request of 14 feet is wider than most existing side setbacks of neighboring
properties. The proposed addition complies with all other Al-43 zoning provisions.
Enclosures:
Exhibit A - Aerial photographs of Randy Lane/Larry Way Neighborhood.
Exhibit B - Cupertino Municipal Code Section 19.20.070, Permitted Yard Encroachments in the Al-43
Zoning District.
Plan Set
2
RECOMMENDATION:
Staff recommends approval, of 2 -V-97 in accordance with the model resolution.
Prepared by:, Dana Mahaffey, Planning Intern
Approved'rya Colin Jung, Associate Planner'C �
g/planning/pdreport/pd/pd2v97