3-V-95CIT I OF CUPERTINO January 9, 1996
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application No. 3-V-95
Applicant. Steven C. Lipp
Property Owner: Same
Location- 10201 Hillcrest Road
SUMMARY- Variance to enclose a patio deck which requires a.var ance to the second
story setback and floor area ratio maximum in accordance with section 19.28.060 of the
Cupertino municipal code.
PROJECT DATA:
Existing
proposed
Difference
Site size:
10,000 sq.ft.
8,988 sq.ft.(1)
1,012 sq.ft.
Building, area:
3,707 sq.ft.
4,352 sq.ft.
645 sq.ft.
Floor Area Ratio
37%
49%
12%
(1) 10' street dedication required.
DISCUSSION:
Floor area ratio: The addition will result in a floor area ratio of 49% o which exceeds the
maximum allowed in a single family zoning district. The maximum house. size allowed
under the ordinance is 4,045 sq.ft.; the addition is 307 sq.ft. over the limit.
Second story side setback: The single family ordinance requires second story setbacks be
a minimum of 10' with an additional setback surcharge of 15' . The addition does meet
the _ 10' setback minimum but does not provide 14' of the 15' setback surcharge.
Variance: The applicant has an existing second story the covered 645 sq. ft. deck over the
garage. When it rains, the deck leaks in at least three of the four corners and at several
locations in the center of the structure. There is no exterior appearance of failure in the
structure. The applicant has attempted to repair the structure on three occasions at a total
cost'of $10,000. The three alternative modifications are described in the applicant's
letters (enclosed). The city 'building department inspected the structure, and the inspector
felt that the applicant had made a significant attempt at correcting the problem. The
inspector concluded that the structure had a design flaw which doesn't exist on other
similar structures. He felt that a combination of reasons results in continued leakage
including the large size of the deck, no slope to the deck and lack of drainage methods.
There are drain spouts from the side walls of the balcony, but not in the floor itself. The
inspector believes that all alternative solutions have been tried.
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(3-V-95) January 9, 1996
RECOMMENDATION:
In order to grant approval of a variance, state law requires that all variances meet three
specific requirements (enclosed). Staff recommends approval because the variance
criteria has been met. This structure is extraordinary in that the leakage is a result of a
design flaw. Corrective actions have been attempted on three separate occasions, using
three different techniques and the leak has not stopped. The property owners continued
enjoyment of the property is based on the approval of the variance because the use of the
garage is limited during rainy periods. The distance between the addition and other
structures is 75' making the granting of the variance not detrimental or injurious to
properties in the vicinity. The two closest neighbors affected by the addition have both
submitted letters in support (enclosed) of the proposal.
Regarding the style of the addition, the existing home is Mediterranean style with
rounded window elements and a tile roof. The windows proposed on the new addition
are square. Staff has created a condition of approval that required the front windows,
above the garage have a similar design.
Enclosures:
- Model Resolution
- Variance content requirements
- Plan 1-3 dated 6/20/95
- Steven Lipp letters dated October 23, November 10, & November 29, 1995
- United Construction Services letter of September 18, 1995
- Mullen Tile Inc. letter dated September 10, 1995
- McCann Construction letter undated.
- C.D. & B.V. Bristow letter dated August 3, 1995
- Lourdes & Steven Smith letter dated August 1, 1995
- Assessor map with Bristow & Smith residents highlighted
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CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3309
To: Mayor and City Councilmembers
Chairman and Planning Commissioners
From: Robert Cowan, Director of Community Development
Date: January 10, 1996
Subj:. REPORT OF THE REGULAR MEETING, JANUARY 9, 1996, OF THE
DIRECTOR OF COMMUNITY DEVELOPMENT
Chapter 19.29 of the Cupertino Municipal Code provides for approval of variances
by the Director of Community Development. The Director reports his decision to the City
Council and Planning Commission in time to allow any Councilmember or .
Planning Commissioner to appeal the decision within fourteen (14) days of the decision:
Application
Application 3-V-95 - Steven C. Lipp, 10201 FIillcrest road
Descrilption
Variance to enclose a patio deck which requires a variance to the second story setback
surcharge and maximum floor area ratio, in accordance with (Section 19.28.060 of the
Cupertino Municipal Code.)
Action
The Director of Community Development approved the variance as per the findings in
Resolution No. 4670. The fourteen (14) calendar day appeal period will expire on
January 23, 1996.
Enclosures:
Staff report and enclosures from Variance hearing of January 9, 1996
Resolution No. 010
Plan 1-3 dated 6/20/95
g/planning/pd3v95
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