Reso 6266 � V-2004-02
� CITY OF CUPERTINO
� 10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6266
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A VARIANCE TO ALLOW LOT WIDTHS OF 50 FEET AND 50 FEET
(MEASURED AT FRONT SETBACK LINE), RESPECTIVELY, INSTEAD OF 60 FEET
MINIMUM FOR A PROPOSED TWO-PARCEL SUBDIVISION ON 21851 LOMITA
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
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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
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WHEREAS, the applicant has not meet the burden of proof required to support the
' application, and has not 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;
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; 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.
I 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-2004-02, as set forth in the
Minutes of the Planning Commission Meeting of August 9, 2004 and August 23, 2004, and are
incorporated by reference as though fully set forth herein.
Resolution No. 6266 V-2004-02 August 23, 2004
Page -2-
SECTION II: PROTECT DESCRIPTION
Application No.: V-2004-02
Applicant: Qi Gary Li
Location: 21851 Lomita Avenue
PASSED AND ADOPTED this 23rd day of August 2004, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and Chairperson
Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
� ABSENT: COMMISSIONERS:
ATTEST: APPROV . -'�
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Steve iasecki Tag dati, Chairperson
Director of Community Development Cupe tino Planning Commission
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G:�Planning�PDREPORT�RES\V-2004-02a.doc