Reso 710 80,000.6
10-V-69
RESOLUTION N0. 710
OF THE PLANNING COMMISSIU� OF THE CITY OF CUPERTINO
RECOMMENDING THE DENIAL OF THE FOLLOWING VARIANCES:
LOT A
1 To reduce the required rear yard setback from 20 feet to 12 feet.
(Roof overhang to project to within 10 feet).
2. To allow a 6-foot fence in the required side yard setback to within
5 feet of the Foothill Boulevard property line.
LOT B
1. To allow a sundeck to project 32 feet into the required rear yard setback.
2. To allow a 6-foot fence in the required front yard, 10 feet from the
Alpine Drive property line.
APPLICANT: Continental Pacific Development, Inc. �
ADDRESS: 2787 Moorpark Avenue, San Jose, California
SUBMI'TTED: October 24, 1969
LOCATION: Southeast corner of Alpine Drive and Foothill Boulevard
ZONING: R3-2.2 21,400 sq_uare feet
(Continued from Page 1)
FURTHER FINDINGS:
l. That there are no exceptional or extraordinary circumstances or conditions
applying to the land, which do not apply generally to other lands in the
same district.
2. That even though the subject property is traversed by easements and overhead
transmission line this is a situation that is not uncommon to other properties
in the area.
3. That the granting of the requested variances, without justification as pre-
scribed by ordinance, would be precedent setting leading to the deterioration
of the intent of the zoning regulations.
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PASSED AND AI)��'TED this l�th day of November, 1969, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the follow-
ing roll call vote:
AYES: Commissioners Buthenuth, Frolich, Irwin, Hirshon
NAYS: None
ABSENT: Commissioner Puetz
APPROVED:
ATTEST: �
,�� ck T. Hirshon, hairman
James H. Sisk Planning Commission
Planning Director
-2-
C! T Y 0 F C U P� R T I N 0
C i ty Ha 1 1, 10300 Tc�r rr� Avenue
Cupertino, California g5014
�'elephone: !408� 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE DENIA� OF A VARIANCE
WHEREAS the Planning Commission of the City of Cupertino re-
ceived ar� application fo�° a VARIANCE, as stated on Page 2, and
WHEREAS the applicant has NOT met the bu� of proof required
to suppor°t his said application, and
WHEREAS the Plar�ni�ng Commission finds that the application does
NOT meet al 1 of t�e fo1 ao�ri ng r�equ i rements;
1. That th,ecre a�°e spec i al cond i t i ons o�° except i anal character-
i st i cs i n the natur°e of the pr�operty to be affectecf, or
that its location or its �u�°iroundings ar°e �uch as will per-
mit the Commission �r� make a deter�mination that a liter
enfoircement of the rd i nar�ce wou 1 d r°esu 1 t i n pr°act i cal
d i ff i cu 1 t i es ot unn�ces�a�°y hard�h i ps; an�
2. That �he g�ranting of the application is necessacy for the
preservatio� and enjoymer�t of substan�ial property rights,
and
3, That the grantir�g of the application will not materially
affec� adversely the health or safety o� persor�s r°esiding
o�° wo� in the neighborhood of the property which is
the subject of the application, and that the use of said
prope� i n the manrser wh i ch i it i s proposed to be used
will not �ae mate� detrimental to t�e public welfare
or inju�'ious to the value of the prope��y or improvements
located in said surroundings,
NOW, THEREFORE� BE IT k�ESOLVEDa
That af�e� careful consi�le�ation of maps, facts, exhibits and
other evidence submitted in this matter, fihe application for
the i/ARIANCE be, and the same is, he�°eby NOT �ecommended for
approval to the City Council of the City of Cupertino; and
BE IT FURTHER RESOLVEDs
That the findings q�oted above and on Page 2 a� approved and
adopted, ar�d that the Secr�etary be, ar�d i s hereby, d i rected
to notify the parties affected by this decision,
(Continued on Page 2)
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