Reso 6241 V-2004-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6241
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A VARIANCE TO ALLOW LOT WIDTHS OF 50 FEET AND 50 FEET
(MEASURED AT FRONT SETBACK LINE), RESPECTIVELY, INSTEAD OF 60 FEET FOR A
, PROPOSED TWO-PARCEL SUBDIVISION ON 21811 SAN FERNANDO AVENUE, AS
REQUIRED BY CHAPTER 19.28 OF THE CUPERTINO MUNICIPAL CODE.
' SECTION I: FINDINGS
WHEREAS, the Planning Commission 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 Planning Commission has held at least one Public Hearing
on this matter; and
� WHEREAS, the applicant has meet 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 to the property
involved that do not apply generally to properties in the same district in that the property is twice
the width of adjacent interior lots on the same street.
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 loss or unnecessary hardship
in that a lot division with a narrower 50-foot lot width will allow the property owner to develop the
property in a manner similar to adjacent property owners; and
3) That 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. '
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 approved by the Planning Commission 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 V-2004-01, as set forth in the Minutes of the
Planning Commission Meeting of May 10, 2004, and are incorporated by reference as though fully set
forth herein.