Reso 10CITY OF CUPERTINO 3-V-95
10300 Torre Avenue, Cupertino, California 95014
RESOLUTION NO. 0.10
OF THE DIRECTOR OF COMMUNITY DEVELOPMENT APPROVING A VARIANCE TO THE
ZONING ORDINANCE: SECTION 19.28.060 OF THE CUPERTINO MUNICIPAL CODE, TO EXCEED
THE MAXIMUM FLOOD AREA RATIO AND NOT APPLY THE FULL SETBACK SURCHARGE.
SECTION I: FINDINGS
WHEREAS, the Director of Community Development of the City of Cupertino has received an application for a
Variance, as described on Page 1 of this Resolution; and
AREAS, the necessary public notices have been given in accordance with the Procedural ordinance of the
City of Cupertino and the Planning Director has held at least one public hearing on this matter; and
AREAS, the Applicant has met the burden of proof required to support the application, and has satisfied the
following criteria:
1) That there are extraordinary or exceptional circumstances or conditions applicable the building that does not
apply generally to properties in the same district. The tile roof deck has been reconstructedon at least
three occasions, using different construction techniques, and it continues to, leak. The structure has a
design Raw that other similar structures in this zoning district do not. experience.
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2) That granting of the variance is necessary for the preservation and enjoyment of substantial property rights of
the applicant, and to prevent'unreasonable property loses or unnecessary hardship. The property owner
has spent $10,000 attempting to correct the design flaw to no avail. The garage is virtually unusable due
to continued water leakage during .the rainy season.
3) That granting of the variance will not detrimental or injurious to property or improvements in the vicinity
and will not be detrimental to the public health, safety and general welfare of the public. The closest
structure is 75' from the proposed addition. The closest affected neighbors have sent letters in support
of the variance.
4) That a landscaping maintenance condition is required to address privacy for adjoining property west.
5) That views to adjoining property are restricted more with the proposed windows than the existing exterior
deck.
NOW9 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 recommended for approval by the Director of Community Development of
the City of Cupertino and,
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings in this Resolution are based and are contained in% the public
hearing record concerning,Application 3-V-95, as set forth in the minutes of the Director of Community;
Development meeting of January 9, 1996 and are incorporated by reference as though fully set forth herein.
Resolution No. 010 (3-V-95) January 9, 1996
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No: 3-V-95
Applicant: Steven C. Lipp
Property Owner: Same
Location: 10201 Hillcrest Road
SECTION III: CONDITIONS OF APPROVAL
I APPROVED EXHIBITS
The recommendation of approval is based on the project plans pages 1-3 dated July 28, 1995, except as
amended by the conditions contained herein.
2. LANDSCAPING MAINTENANCE
The Cypress trees located on the west property line are required to be retained and maintained at the
same height as shown in the photo exhibit, dated January 9. 1996 (deck view)
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PASSED AND ADOPTED this 9th day of January, 1996 at a regular meeting by the Director of Community 1W
1W development of the City of Cupertino, State of California
ATTEST:
Robert S. Cowan
Director of Community Development
g/planning/res3v95