Reso 121-V-96
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 12
OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
GRANTING A VARIANCE TO ALLOW A M, AXIMUM BUILDING AREA OF 2,700
SQUARE FEET OR A FLOOR TO AREA RATIO OF .48 WHICHE`IER IS LESS
WHERE .45 FLOOR TO AREA RATIO WOULD BE REQUIRED IN A PRE-R 1-7.5
ZONING DISTRICT AT 10496 BYRNE"AVENUE, ASSESSOR PARCEL NO.
357714-012
SECTION I: FINDINGS
WHEREAS, the Director of Community Development of the City of Cupertino has,
received an application for a Variance, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and, the Director of Community
Development has held at least one Public Hearing on this matter; and
MM
qW WHEREAS, Pp the applicant has meet the burden of proof required to partially support the
application, and has satisfied the following criteria:
1) That there are, exceptional or extraordinary circumstances or conditions applicable to
the, property involved that do not apply :generally to properties in the same district.
There are numerous unimproved corner lots of various sizes in the district; however,
there are few corner parcels of this size that require such a large proportional amount
of dedicated land for street widening purposes, that is, a 10-foot dedication on two
sides of the .property.
2) That the granting of the application is necessary for the preservation and enjoyment of
substantial property rights of the applicant, and to prevent unreasonable property loss
or unnecessary hardship. The exceptional dedication reduces the net lot size to 5,667
square feet; which is still considered buildable, but to prevent unnecessary, hardship,
the Director finds that granting a development entitlement as if the lot were a standard
6,000 square feet avoids unreasonable property loss and preserves the applicant's
property rights.
3) That the granting the Variance will not be detrimental or injurious to property or
improvements in the vicinity and will not be detrimental to the public health, safety
and general welfare, or convenience, and to secure the purpose of the title. All R-1
setbacks and building coverage requirements will be met. The street will be widen to
facilitate traffic flow.
Resolution No. 12 1-V-96 April 9, 1996
Page -2-
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, testimony, exhibits and other evidence
submitted in this matter, the application for Variance is hereby modified and approved by
the Director of Community Development of the City of Cupertino; and
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings specified in this Resolution are based
are contained in the public hearing record concerning Application 1-V-96, as set forth in
the Minutes of the Director of Community Development Meeting of April 9, 1996, and
are incorporated by reference as though fully set forth herein.
919101 M "• •
Application No.: 1-V-96
Applicant: Dan Askorinam
Property Owner: Dan Askorinam
Location: 10496 Byrne Avenue, Assessor Parcel No. 357-14 -012
SECTION III• CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT,
1. ANNEXATION
The variance shall become effective upon the effective date of the annexation of this
property to Cupertino.
2. MAXIMUM BUILDING AREA
The maximum building area granted under this variance is 2,700 square feet or a 0.48
floor -to -area ratio (FAR) whichever is less. The 2,700 square foot maximum building
area is based on a FAR of 0.45 for a 6,000 square foot lot.
Should the net lot area increase in size above 6,000 square feet through subdivision, lot
line adjustment or other land division process, this variance shall become null and void.
PASSED AND ADOPTED THIS 9th day of April, 1996, at a Regular Meeting by the
Director of Community Development of the City of Cupertino, State of California.
_Robert Cowan
Robert Cowan
Director of Community Development
g:/ planning/res 1 v96