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DRC Summary 080405 City of Cupertino 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council Members Planning Commissioners From: Steve Piasecki, Director of Community Development Date: August 9, 2005 Subj: REPORT OF DESIGN REVIEW COMMITTEE FINAL DECISIONS MADE August 4, 2005. Chapter 19.136 of the Cupertino Municipal code provides for A eal of decisions made b the Desi Review Committee 1. Application DIR-2005-20; Horst Von Bloes (Fry residence), 21161 Canyon Oak Way Description Director's Minor Modification to permit the construction of a ground floor addition to exceed the allowable floor area ratio in the Oak Valley Planned Development. Action The Design Review Committee denied the application on a 2-0 vote. This is effective August 4, 2005. The fourteen-calendar day appeal will expire on August 18, 2005. Enclosures: Design Review Committee Report of August 4, 2005 Resolution No. 220 G:planning/Drc/OS0405 summaryletter.doc DlR-2005-20 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 220 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO DENYING A DIRECTOR'S MINOR MODIFICATION FOR THE CONSTRUCTION OF AN ATTACHED ACCESSORY STRUCTURE TO AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 21161 CANYON OAK WAY. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: DIR-2005-20 Horst Von Bloes (Fry residence) 21161 Canyon Oak Way SECTION II: FINDINGS WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Design Review Committee has held one or more public hearings on this matter; and WHEREAS, the applicant has not met the burden of proof required to support said application; and has not satisfied any of the following requirements: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposal is consistent with the Cupertino General Plan, zoning ordinance and the purposes of this title; 3. The proposal is consistent with the requirements of the Oak Valley Planned Development area; 4. The proposal is harmonious in scale and design with the general neighborhood; and 5. Adverse visual impacts on adjoining properties have been reasonably mitigated. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the Director's Minor Modification application is hereby recommended for denial; and Resolution No. 220 Page 2 DIR-2005-20 August 4, 2005 That the subconclusions upon which the findings specified in this resolution are based are contained in the public hearing record concerning Application DIR-2005-20 as set forth in the Minutes of the Design Review Committee meeting of, August 4, 2005, and are incorporated by reference as though fully set forth herein. PASSED AND ADOPTED this 4th day of August 2005, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Commissioner Giefer and Chairperson Miller COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: /s/ Ciddy Wordell Ciddy Wordell City Planner /s/ Marty Miller Marty Miller, Chairperson Design Review Committee C:\ Planning \ DRC\ res \ DIR-2005-20 res.doc To: From: Subject: Location: Design Review Committee Aki Honda, AICP, Senior Planner Application: DIR-2005-20 21161 Canyon Oak Way Date: August 4, 2005 Proiect Description: Director's minor modification to permit the construction of an attached accessory structure to an existing single-family residence that would exceed the allowable floor area ratio (FAR) for the subject property per the requirements of this neighborhood (Neighborhood 3, Unit 2, Oak Valley Planned Development). RECOMMENDATION: Staff recommends denial of DIR-2005-20 given that findings cannot be made to allow the FAR to be exceeded, based on the model resolution. BACKGROUND: In December of 1997, the City of Cupertino approved a Development Agreement with associated Use Permit, Tentative Subdivision Map, and Re-zoning of a 212 acre property known as the Lands of Diocese of San Jose. Per the agreement, 67 acres of this land was subdivided to allow residential development as part of the Oak Valley Planned Development area. Specific development standards were also approved for the Oak Valley Planned Development area as part of this agreement, including minimum lot areas, lot widths, lot coverage, F ARs, setbacks, and building heights. On July 18, 2001, an architectural and site approval (17-ASA-Ol) was granted by the Design Review Committee for the construction of a two-story, single-family residence on the subject property that is located within the Oak Valley Planned Development area. The approval granted a 4,644 square foot residence in accordance with the development standards for this neighborhood. DISCUSSION: The applicant is requesting approval to construct a 9 foot 7 inch high, 169 square foot attached accessory structure at the rear of the existing single-family residence. The accessory structure is proposed to be used as a greenhouse that will consist of an aluminum frame exterior with baked-on paint finish to match the residence and clear glass windows. Additionally, the structure will be placed over a concrete slab with footings. Upon review of the application, staff has determined that the existing residence was built to the maximum allowable FAR on this property in accordance with the development standards for this neighborhood. As a residence within Neighborhood 3, Unit 2 of the Oak Valley Planned Development area, the maximum allowable FAR is 40% for the first 10,000 sf of lot area, and 59.59 sf for each 1,000 sf over 10,000 sf. The I -I Au.us! 4. 2005 DIR-2005-20 P..e 2 of2 existing residence consists of 3,889 square feet of living area (2,155 sf on the first floor and 1,734 sf on the second floor) and an attached 755 square foot garage. The total existing square footage on this lot is 4,644 sf. Based upon a lot area of 20,804 square feet and using the maximum allowable FAR calculations, the maximum square footage permitted on this lot is 4,644 sf. Therefore, any further additions, including the greenhouse, would exceed the allowable FAR on this property. First 10,000 sf x 40% (Remaining 10,804 sf 11,000 sf x 59.59) Total Allowable FAR FAR Calculation = 4,000 sf = 644 sf 4,644 sf In addition to the FAR requirements, the greenhouse will not be consistent with the existing stucco exterior of the residence since it will be constructed of aluminum framing. Further, the greenhouse would be located at the rear of the residence, which would be somewhat visible from surrounding properties to the north and on the adjacent hillside to the east since the rear yard of the subject property slopes downward towards the north. Properties to the north are also located on a downward slope from the subject property. The applicant has submitted a letter (see attached) dated received July 11, 2005, requesting approval to exceed the maximum allowable FAR for construction of the greenhouse in order to grow and provide flowers and organic herbs for consumption by the residents, to provide protection from deer and other animals, and to provide passive solar heat to the residence. Staff received a phone call on July 26, 2005 from a neighbor on Serra Street who wanted to voice her concern about the project and requests that the City require the applicant not be permitted to exceed the allowable FAR requirements of the neighborhood. Prepared by: Approved by: Aki Honda, AICP, Senior Planner c:::::-- A Steve Piasecki, Community Development Direct~ Enclosures: Model Resolution Applicant's Letter Photo Simulations Plan Set I-~ DIR-2005-20 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE DESIGN REVIEW COMMITIEE OF THE CITY OF CUPERTINO DENYING A DIRECTOR'S MINOR MODIFICATION FOR THE CONSTRUCTION OF AN ATTACHED ACCESSORY STRUCTURE TO AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 21161 CANYON OAK WAY. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: DIR-2005-20 Horst Von Bloes on behalf of the property owner 21161 Canyon Oak Way SECTION II: FINDINGS WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Design Review Committee has held one or more public hearings on this matter; and WHEREAS, the applicant has not met the burden of proof required to support said application; and has not satisfied any of the following requirements: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposal is consistent with the Cupertino General Plan, zoning ordinance and the purposes of this title; 3. The proposal is consistent with the requirements of the Oak Valley Planned Development area; 4. The proposal is harmonious in scale and design with the general neighborhood; and 5. Adverse visual impacts on adjoining properties have been reasonably ~tigated. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the Director's Minor Modification application is hereby recommended for denial; and 1 - 3 Resolution No. Page 2 DIR-2005-20 August 4, 2005 That the subconclusions upon which the findings specified in this resolution are based are contained in the public hearing record concerning Application DIR-2005-20 as set forth in the Minutes of the Design Review Committee meeting of, August 4, 2005, and are incorporated by reference as though fully set forth herein. PASSED AND ADOPTED this 4th day of August 2005, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: 'COMMISSIONERS: ATTEST: APPROVED: Ciddy Wordell City Planner c: \ Planning \ DRC\ res \ DIR-2005-20 res.doc Marty Miller, Chairperson Design Review Committee 1.- tf INDEPENDENTLY OWNED & OPERATED -' .. . . . SUNROOMS . CONSERVATORIES· PATIO ROOMS GLASS AND SCREEN ENCLOSURES· SKYLIGHTS Ou.tdoor Living...Indoors~ AMERICAN BRANDS CORPORATION 1029 Blossom Hill Rd., San Jose. CA 95123 . (408) 265-8000 . Fax: (408) 265.8058 2878 Prune Ave., Fremont CA 94539 . (510) 440-9850· Fax: (510) 490·0255 www.fourseasonsonline.com RECEIVED JUl 1 1 2005 BY: To: City of Cupertino Planning and Development RE: Variance request Fry Residence 21161 Canyon Oak Way Cupertino Scope of Work: Attach an ICC approved greenhouse to the rear of the residence on a concrete slab with footings. The exceptional conditions that apply to this request for the greenhouse are: · To be able to grow and provide flowers and organic herbs for consumption by residents only. The greenhouse would provide year-round growing opportunity protected from deer and other animals that would otherwise have detrimental access to plants were they to be grown outdoors. · To provide passive solar heat to the residence. The granting of this application would allow the property owners to enjoy an attractive greenhouse addition to the home for the purposes mentioned above. The alternative to gardening in the relative privacy of a greenhouse would be making a garden outdoors with protective fencing, which, mayor may not be appealing to adjacent homeowners. The greenhouse design is complementary to the design of the home and would be an asset to the aesthetic value of the home. The granting of this application will not under any circumstances adversely affect the health or safety of persons residing or working in the neighborhood. The greenhouse constitutes 169 square feet of space attached to the rear of the residence. The greenhouse will be 98 feet from a public throughway and 50 feet from the nearest adjacent property. Because the greenhouse is of passive nature, additional plumbing will not be used and will not add to water runoff or sewer load. The greenhouse will not be materially injurious to public welfare. The building materials are architectural aluminum and tempered safety glass. The concrete slab is structurally and materially built to California Building Code. /....5 J -1 '- ""