Design Review Committee
APPROVED MINUTES OF THE REGULAR MEETING OF
THE DESIGN REVIEW COMMITTEE HELD ON January 17, 2013
Committee Members present: Don Sun, Chairperson
Clinton Brownley, Commissioner
Committee Members absent None
Staff present: George Schroeder
Staff absent: None
APPROVAL OF MINUTES:
February 2, 2012
Minutes of the February 2, 2012 Design Review Committee meeting were approved
Staff received 2 email communications from neighbors regarding item 1 of the agenda
POSTPONEMENTS/REMOVAL FROM CALENDAR:
1. Application No.(s): EXC-2012-03, RM-2012-41
Applicant: Jahan Faridnia (Tsuri Residence)
Location: 10630 Gascoigne Drive
R1 Exception to allow an existing detached structure with legal non-conforming front and side setbacks to be attached to the principle dwelling;
Minor Residential Permit to allow a portion of a 12’ 3” extension of a legal non-conforming wall line and to allow a portion of a 246 square foot addition to encroach approximately 11” into the required 20’ rear yard setback
Design Review Committee decision final unless appealed.
Staff Member Schroeder explained that the applicant is requesting an exception for the garage setback. They will not be increasing the size of the garage. The home is located in the Rancho Rinconada neighborhood which was annexed into Cupertino from Santa Clara County. Many of the original garages and carports in this neighborhood do not meet current City setback standards. This lot is similar to other lots on Gascoigne Drive with detached garages. The existing garage is setback 15 feet from the property line, but it is at least 20 feet from the back of the sidewalk. As the request is in keeping with other homes in the neighborhood, Staff supports the exception request. The other part of the application is a request to extend the existing legal non-conforming wall line and to facilitate a rear yard setback of less than 20 feet. The project involves legalizing two areas of the residence. The family room the rear of the house requires a Minor Residential Permit as it encroaches into the rear yard setback and as it is built along the non-conforming wall line. Staff supports this application request since it meets the R1 ordinance.
Staff member Schroeder made mention of the written communications received from 2 neighbors. One neighbor requested that the Design Review Committee include a condition requiring the applicant to install a 8’ high sound wall to mitigate the very noisy backyard activities. The other neighbor did not express a noise concern. He explained that the City’s Noise Ordinance has been explained to both the applicant and the neighbor. He has suggested that they come to an agreement amongst themselves as their situation does not require a sound wall to be installed per the Ordinance.
The homeowner, Mr. Tsuri, thanked Staff member Schroeder for his presentation.
Commissioner Brownley asked if other homes in the neighborhood had come before the Committee with similar requests. Staff member Schroeder explained that this is an unusual request in that other property owners normally demolish the existing structure and re-build within the current requirements. Chair Sun confirmed that if a property owner (in that neighborhood) were to demolish the existing house and re-build, they would lose any legal non-conforming status’ that may have existed and have to build to meet the current Ordinances. Staff member Schroeder confirmed that would be the case. Staff member Schroeder also clarified that the applicant is not proposing construction to the rear of the home. The applicant is just legalizing the existing additions to the rear of the house that were done in the past (without permits). As part of the minor remodel to connect the garage to the house, the unpermitted additions will need to be brought up to current building code.
A neighbor, Jaime Wang spoke to the applicant about their noise complaints. The applicant agreed to work with him to mitigate his concerns regarding the noise.
Commissioner Brownley said that he appreciated that the homeowner wanted to legalize the prior unpermitted additions and as the project was in conformance with the current Ordinance, he supported applications. Chair Sun stated that while he normally does not support exceptions, this was an unusual case. He thanked the neighbors for coming together to resolve their noise concerns and to be willing to work together for peace in the neighborhood.
MOTION: Commissioner Brownley moved to approve EXC-2012-03 and RM-2012-41 per the draft resolutions
SECOND: Chairperson Sun
Last updated: 4/25/2013 11:47:12 AM