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2-V-94CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 252-4505 To: Chairman and Planning Commissioners Mayor and City Councilmembers From: Robert Cowan, Director of Community Development tA<-- Date: March 23, 1994 Subj: REPORT OF THE REGULAR MEETING 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 2-V-94 - Ernesto and Pat Yanez 8173 Presidio Drive Description Variance to allow a 5' 7" side yard setback instead of 15' on a second story, as required for single family residential zones (Section 19.28.060 of the Cupertino Municipal Code). Action The Director of Community Development approved the variance per the findings in Resolution No. 007. It would be extraordinary to require the applicant to have a building design that does not resemble the other two stories in the area. The floor plan is such that the only way an effective layout can be achieved is through a variance. Morning shadowing will occur for a short period onto the adjoining property west. No adverse health affect will occur. Approval is effective March 22, 1994. The fourteen (14) calendar day appeal period will expire on April 4, 1994. Enclosures: Resolution No. 007 Staff Report of March 22, 1994 Description of Proposed Activities Statement of Justification Plan 1 (site, 2 (elevations) dated 2/94 Clarification Letter from Prehearing Meeting gAmm\misc\2v94 CITE' OF CUPIEIlRTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Agenda Date: March 22, 1994 Application: 2-V-94 Applicant/Prop. Owner: Ernesto and Pat Yanez Property Location: 8173 Presidio Drive Variance to allow a 5' 7" side yard setback instead of 15' on a second story, as required for single family residential zones (Section 19.28.060 of the Cupertino Municipal Code) General Plan Designation: Residential Low Density: 1-5 du/gr. ac. Zoning (Designation: R1-6 Single Family Residential, minimum lot size 6,000 sf. Lot Size: 6,000 sf. Site Summary: Building Area Existing: 2,319 sf. Building Area Proposed: 250 sf. Total Building Area: 2,569 sf. Project Consistent with General Plan: Environmental Assessment: )Floor Area ]Ratio: 43% Yes Zoning: No Categorically Exempt Background: This tract was constructed in the mid-1960's in the City of San Jose and was annexed to the City of Cupertino in 1979. The adjoining land uses are single family_ residential with Lincoln elementary school located north, behind the applicant's residence. Request: The following is the variance request: Setback Type Conventional Proposed Second floor side 10, 5'-6" Second floor surcharge (front) 10' 10' Second floor surcharge (side) 5' 0' Total Variance 9'-6" Discussion: In order to receive approval, the proposal must meet all three variance findings. The variance findings are as follows in bold type with staff findings below: A. That there are exceptional or extraordinary circumstances or conditions applying to land, building or use referred to in the application, which circumstances or condition do not apply generally to land, buildings and/or uses in the same district: The City of San Jose residential zoning district allowed construction of a second story designed flush with the first story for 53% of the 92 residential homes bordered by Bubb Road, South Hyannisport, Fort Baker Drive and Presidio Drive. This second story design is the same for all full second stories in this area. Because there are no other types of second story designs in this area it would be extraordinary to require the applicant to have a building design that did not resemble the other two story homes in the tract. B. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner: The reasons given for the addition are as follows: 1)The variance will allow us to more "actively/efficiently utilize our total square footage instead of restricting normal household activity to the downstairs area," 2) a "need to create a master bedroom upstairs." The existing upstairs layout includes a bathroom and three bedrooms; one bedroom is used by the applicant's child. Two of the remaining bedrooms could be converted to a master bedroom or an addition on the second story could be constructed which meets the second story setback regulations. This would result in a design that is different from the remaining homes in the tract but would not restrict the enjoyment of the property owners use of the home. C. That the granting of such 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 variance would create morning shadowing onto the adjoining residence west. This shadowing is into three bedrooms and a bathroom. This shadowing will occur for a short period (1-1 1/2 hours daily) and is not considered a significant affect onto this adjoining property. No other adverse health and safety impact will occur. ]Environmental Determination: Exempt under the California Environmental Quality Act. Recommendation: The applicant does not meet all three variance findings and staff recommends denial according to the Model Vesolution. A Model Resolution of approval is provided if you choose to approval the variance application. Enclosures - Description of Proposed Activities - Statement of Justification - Plan 1 (site), 2 (elevations) dated 2/94 - Clarification letter from Prehearing meeting Prepared by: Michele Bjurman, Planner II Approved by: Ciddy Wordell, City Planner gAmm\reports\2v94 LI