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1-V-93CITY 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 Developroent�— Date: May 26, 1993 Subj: REPORT OF TBE REGULAR MEETING OF THE DIRECTOR OF COMMUNITY DEVELOPMENT ;hapter 14.29 of the Cupertino Municipal Code provides for approval of variances b he Director of Community, Development.' The Director reports his decision to the Cit ;ouncil and Planning Commission in time to allow any Councilmember or Planiin lomnnissioner to appeal the decision within fourteen (14) days of the decision. Application Application 1-V-93 - R & Z Development Company North end of Adriana Avenue Description Variance to allow a frontage of 17.9 feet instead of 60 feet as required in Section 19.06.50 of the Zoning Ordinance. Action The Director of Community Development approved the variance -per the findings in Resolution No. 003. Approval is effective May 25, 1993. The fourteen (14) calendar, day appeal period will expire on June 7, 1993. Please note that the Variance is approved contingent upo.. City Council approval of Tentative Map I-TM-93. Said map will be reviewed by City Council on June 7, 1993. Enclosures: Resolution No. 003 Staff Report of May25, 1993 Exhibit A (undated): Applicant's Variance Description (undated) Variance Content Requirements CITY OF CNIF'ER7 INO . 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT Application: 1-V-93 Agenda Date: May 25, 1993 Applicant: R & Z Development Corporation Property Owner: John Schault Property Location: The northerly most northerly terminus of Adriana Avenue Application Summary: Variance to allow a frontage of 40 feet instead of 60 feet as required in Section 19.06.50 of the Zoning Ordinance. General Plan Designation: Single Family Residential Density 1-5 du. gr. ac. Zoning Designation: R1-10 Single Family Residential, rniaumum lot of 10,000 sq. ft. net. Lot Size: 31,363 sq. ft. ]Project Consistency with General Plan: Yes Zoning: No (Environmental Assessment: Exempt Comments: The legal description of the variance is inaccurate. The applicant is requesting a variance to the minimum lot width from 60 ft. to 17.98 ft. (Exhibit A).In order to receive approval, the proposal must meet all three (3) variance findings. The variance findings are as follows in bold type and stall responses in normal type: A. That there are exceptionally or extraordinary circumstances or conditions applying to the land, building or use which do not apply generally to land, buildings andl r uses in the same district, This parcel was a legally created in 1949. The land is exceptional in that a typical cul-de-sac parcel has a square rear parcel line and has a standard lot width upon creation. B. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner. The parcel size is substantial at 31,363 sq. ft. and provides an adequate building area for two single fan -lily homes. If the City were to deny the variance and one single family home were allowed to develop, then an area of approximately 20,000 sq. ft. would go virtually: unused. With approval of the variance, the best use of all of the land can be enjoyed and the City will be closer to meeting itsGeneral Plan housing goals. C. That the granting of such application wil➢ not under the circumstances materially affect adversely the health or safety of persons residing in the neighborhood, or b0matentially detrimental to the public welfare or injurious to property or improvements in said aneighborhood< Any structures on the parcel will meet the Uniform Building and State Fire Code requirements. If the variance is granted, the health and safety of residents living in or surrounding the property will not be adversely affected. Recommendation: Approval subject to the Tentative Map being approved, according to the attached Model Resolution. Staff has provided a resolution of denial for your convenience. Enclosures: Model Resolution Prepared by: Michele Bjurman, Planner II Exhibit A (undated) ApFroved by: Ciddy Wordell, City Planner Applicant's Variance Description (undated) Variance Content Requirements gAt=\rni9c\1 v93 SCALE: 1"=1000 ._. .•. •. •. •.-. .-. :._ : APN FRONTAGE AT FRONT SETBACK • • • • • • 326-20-34 IS 17.98'. VARIANCE IS REQUIRED PROPOSED BECAUSE ORDINANCE REQUIRES' -60 SOT , UN .• 15, .'.' APN.' 41.34' 326-20-5 18.93' ........ 48.64' .. APN 326-20-35 APN 326-20-51 0' 50.75' 0 0 a VARIANCE APPLICATION APM 326-20-i9 A. The parcel is triangular shaped with an area of 35,600 square feet (e82 Aco) and is located at the Northerly end of Adriana Avenue. The frontage is on the arc of the cul-de-sac bulb with a radius of 40 feet. Although the property can be subdivided as shoran in the attached exhibit °"A" and the associated tentative map application to comfortably accommodate two parcels with four off street parking spaces, two car garages and residences of 3,,000 square feet each, the resulting frontage at the front setback line will be 17.98 feet. The city requirement is 60 feet as measured at the front setback line. Therefore, the shape of the parcel and its location on the cul-de-sac bulb present circumstances and conditions that generally do not apply to other land, buildings and/or uses in the same district Ba The petitioner will suffer a significant financial loss if the property cannot be subdivided. The parcel is zoned R-1, 10,000 and is surrounded by parcels where the average size is.10,000 square feet. As stated above, the parcel has adequate size to accommodate two lots with areas of 16,900 and 18,700 square feet. C> The health and safety of persons residing on the two parcels and in the surrounding neighborhood will not be adversely affected by the granting of this variance. The petitioner plans to install residential fire sprinklers to mitigate the concerns of the Central Fire District and there is sufficient room to more than accommodate the side and rear setback requirements The addition of one parcel on Adriana Avenue will not have a significant impact on the traffic and each parcel will have room for a total of six off street parking spaces, including the spaces in a two car garage. The topography of each, proposed parcel is such that the drainage can be directed to catch basins which can be connected to a public storm drain at the North end of Adriana Avenue° Like prise, each Describe the. relationship of the variance application to the following basic findingsfor approval of _ A. - there are exceptional or extraordinary cirea r r c- or condition applying to the lard, building or use referred to - application, which circumst I ances or conditials donot apply generally e lard, buildings and/or, ' A, the same district. That - granting of the application is necesfor preservation and enjoyment Asubstantialpropertyrights of the C. That the granting of such application will not, under the circumstances of the particular case,: materially� Af V e health of safety of persons residing or the neighborhood of"the, prcperty of the applicant and will not, under the cir=stances of the particular -case,, bematerially detrimental to the public welfare or injurious to property or =provements insaid ne_ OI bo•:•ice Plan)2) Scaled drawing (site R & Z Development Company Mark Roberts/John Schault 1601 S. Saratoga -Sunnyvale Road, Suite 101 Cupertino, California 95014 Subject: DIRECTOR OF COMMUNITY DEVELOPMENT ACTION LETTER - APPLICATION 1-V-93 This letter confirms the decision of the Director of Community Development, given at the regular meeting of May 25, 1993, approving a Variance according to the enclosed copy of the Director of Community Development Resolution No. 003. Please note these conditions carefully. Subsequent submittal of materials for building permits or other entitlements will be checked for compliance with the conditions listed in the Resolution; discrepancies may result in processing delays. Please contact our office if you have questions about this matter. Please be aware that an appeal of this decision can be made within fourteen working days of the decision. If this occurs, you will be notified of a public hearing which will be scheduled before the City Council. Sincerely, Michele Bjurman Community Development Department cc: Marius Nelsen Chris Dunn & Tamara Logan Steven Ekovich Bruce Wenniger Eric Stouffer Enclosure Resolution No. 003 g:mmAetters/103 E' C� CITY OF CIUPIERTI NO 0300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY ITY DEVELOPMENT REPORT Application: 1-VI 93 Agenda Date: May 25, 1993 Applicant: R & Z Development Corporation Property Owner: John Schault Property Location: The northerly most northerly terminus of Adriana Avenue Application Summary: Variance to allow a frontage of 40 feet instead of 60 feet as required in Section 19.06.50 of the Zoning Ordinance. General Plan Designation: Single Family Residential Density 1-5 du. gr. ac. Zoning Designation: Rll-10 Single Family Residential, minimum lot of 10,000 sq. ft. net. Lot Size: 31,363 sq. ft. Project Consistency with General Plan: Yes Zoning: No Environmental Assessment: Exempt Comments: The legal description of the variance is inaccurate. The applicant is requesting a variance to the minimum lot width from 60 ft. to 17.98 ft. (Exhibit A). In order to receive approval, the proposal must meet all three (3) variance findings. The variance findings are as follows in bold type and staff responses in normal type: A. That there are exceptionally or extraordinary circumstances on° conndntions applying to the land, building or use which do not apply generally to land, buildings and/or uses in the sane district. This parcel was a legally created in 1949. The land is exceptional in that a typical cul-de-sac parcel has a square rear parcel line and has a standard lot width upon creation. Bo That the granting of the application is necessary for the preservation and enjoyment of substantial property Rights of the petitioner. The parcel size is substantial at 31,363 sq. ft. and provides an adequate building area for two single family homes. If the City were to deny the variance and one single family home were allowed to develop, then an area of approximately 20,000 sq. ft. would go virtually unused'..With approval of the variance, the best use of all of the land can be enjoyed and the City will be closer to meeting its General Plan housing goals. Co That the granting of such application will not under the circumstances materially affect adversely the health or safety of persons residing in the neighborhood, ; or be materially detrimental to the public welfare or nnnjuunious to property or improvements in said neighborhood. Any structures on the parcel will meet the Uniform Building and State Fire Code requirements. If the variance is granted, the health and safety of residents living in or surrounding the property will not be adversely affected. Recommendation: Approval subject to the Tentative leap being approved, according to the attached Model Resolution. Staff has provided a resolution of denial for your convenience. Enclosures: Model Resolution Exhibit A (undated) ApphcanVs Variance Description (undated) Variance Content Requirements g:\im\misc\M3 ]Prepared by: Michele Bjurman, Planner Il Approved by: Ciddy Wordell, City Planner . . . . . . . . . . . . . . . APM 326-20-34 OPOSED* ............ .. ............ .. ............ . ............ . .............. ............ ......... . APN 18.93: ....... V. 48.64' APN 326-20-51 SCALE-- I so =1 00' FRONTAGE AT FRONT SE79ACK IS 17.98'. VARIANCE IS REQUIRED BECAUSE ORDINANCE REQUIRES 600. 41.34, 320APN-20-35 /— 50.75' MIBIT A FOR VARIANCE REQUEST APN 326-20-19 CITY OF cCUPERTIINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT Application: 1-V-93 Agenda Date: April 20, 1993 Applicant: R & Z Development Corporation Property Owner: John Schault Property Location: The northerly most northerly terminus of Adriana Avenue Application Summary: Variance to allow a frontage of 17.9 feet instead of 60 feet as required in Section 19.06.50 of the Zoning Ordinance. General Plan Designation: Single Family Residential Density 1-5 du. gr. ac. Zoning ]Designation: R1-10 Single Family Residential, minimum lot of 10,000 sq. ft. net. Lot Size: 31,363 sq. ft. Project Consistency with Geenerall Plan: Yes Zoning: No IEnyironmentall Assessment: Exempt Comments: The applicant has received approval to subdivide the parcel into two lots. In order to complete the subdivision a variance to the minimum lot width is required. The legal description of the variance is inaccurate. The I applicant is requesting a variance to the minimum lot width from 60 ft. to 17.98 ft. (Exhibit A). In order to receive approval; the proposal must meet all three (3) variance findings. The variance findings are as follows: A. That there are exceptionally or extraordinary circumstances or conditions applying to the land, building or use which do snot apply generally to land, buildings and/or uses in the same district. This parcel was a legally created in 1949. The land is unusual in that a typical cul-de-sac parcel has a square rear parcel line and has a standard lot width upon creation. Be That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner. The parcel size is substantial at 31,363 sq. ft. and provides an adequate building area for two single family homes. If the City were to deny the variance and one single family home were allowed to develop, then an area of approximately 20,000 sq. ft. would.go virtually unused: With approval of the variance, the best use of all of the land can be enjoyed and. the City will be closer to meeting its General Plan housing goals. Co That the granting of such application will not under the circumstances materially affect adversely the health or safety of persons residing in the neighborhood, or be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood. Any structures on the parcel will meet the Uniform Building and State Fire Code requirements. If the variance is granted, the health and safety of residents living in or surrounding the property will not be adversely affected. Recommendation: Approval according to the attached Model Resolution. Staff has provided a resolution of denial for your convenience. Enclosures: Model Resolution Exhibit A (undated) Applicant's Variance Description (undated) Variance, Content Requirements i i Prepar°ed.by: Michele Bjurman, Planner H Approved by: Ciddy Wordell, City Planner i cx� gAmm\misc\1v93 1 VARTANC b CqpTEW � P EginUMNM ].) Describe the relationship of the variance application to the following basic findings necessary for the approval of a variance.. A. That there are exceptional or extraordinaryci rcumstances or condition applyingto lard, buildkig .or use referred to in the application, whit circumstances or conditions. do not apply generally to land, buildings or uses in the same district. Bo That the granting of the application is necessary for the preservation and enjoyment of substantial property right of the petitioner. Co That the granting of such application will not, tender the circumstances of the particular case, matarially affect adversely the health of safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular care,, be materially detrimental to the public welfare or injtar - to p or v impr is said neighborhood. 2) Scaled drawing (site Playa) which describes clearly nature and sccpe of the prcposed variance. Please discuss proposed exhibits with the Planning staff prior to sumttal. U VARIANCE APPLICATION APN 326-20-19 A. The parcel is triangular shaped with an area of 35,600 square feet (082 Aco) and is located at the Northerly end of Adriana Avenue. The frontage is on the arc of the cul-de-sac bulb with a radius of 40 feet. Although the property can be subdivided as shown in the attached exhibit "A" and the associated tentative reap application to comfortably accommodate two parcels with four off street perking spaces, two car garages and residences of 31000 square feet each, the resulting frontage at the front setback line will be 17.98 feet. The city requirement is 60 feet as measured at the front setback linen Wherefore, the shape of the parcel and its location on the cul-de-sac bulb present circumstances and conditions that generally do not apply to other land, buildings and/or uses in the same district. �o The petitioner will suffer a significant financial loss if the property cannot be subdivided. The parcel is zoned R-1, 10,000 and is surrounded by parcels where the average size is 10,000 square feet. As stated above, the parcel has ade'uate size to accommodate two lots with areas of 16,900 and 18,700 square feet. Ca The health and safety of persons residing on the two parcels and in the surrounding neighborhood will not be adversely affected by the granting of this variance° The petitioner plans to install residential fire sprinklers to mitigate the concerns of the Central Fire District and there is sufficient room to more than accommodate the side and rear setback requirements. The addition of one parcel on Adriana Avenue will not have a significant impact on the traffic and each parcel will have room for a. total of six off street parking spaces, including the spaces in a two car garage. The..topography of each Proposed parcel is such that the drainage can be directed to catch basins which can be connected to a public story drain at the North end of Adriana Avenue. Like wise, each proposed residence can be connected to the existing sewer sewer in Adriana SCALE: I w -mloo, FRONTAGE AT FRONT SETBACK IS 17.980. VARIANCE IS REQUIRED BECAUSE ORDINANCE REQUIRES 602. E(HMI IJBIT Pl " A FOR VARIANCE REQUEST APN 326-20-19