Reso 251 , File No.: 5-V-65
RESOLUTION N0. 251
�'� OF THE PLANNINa COMMISS�ON OF Tl.�;.� CITY OF CUPFRTIIvQ FIFCOMMENDING THE
DENIAL OF A VARIANCE TO move a fence to the property line.
APPLICANT: Mr. & PZrs. Elms
ADDRESS: c%�T & F Construction Co.
535 North 7th Street, San Jose, California
SUBMITTED: February 17, 1�F5
LOCATION: 208�0 Pepper Tree Lane
ZONE : R-1
con inue rom age
CONDITIONS AND FiJRTHER FINDINGS:
If this Variance is granted
1:. It would cause an obstruction to traffic.
2. The first house immediately to the rear on B:onny Drive �
would be completely hidden.
3. In this particular beautiful area, a fence at this location
would destroy the aesthetic value of the neighborhood.
�. It would start a precQdent.
5. This request also iMCludes a Variance to construct a
structure {staimming pool) to be placed within �he setback
line.
In view of the above and after review of the rear yard, the
Planning Commission finds that there is no har�,ship in this case and
that a swimming pooJ. could be constructed w'i;hin the boundaries of.
the present yard.
DENIED this 22nd day of March, 1965 at a regular meetirig of the
Planning Commissian of the City o�' Cupertir�o, State of California, by
the following ro11 ca11 vote:
AYES: Commissioners - Frolich, Hirshon, Johnson, Sma1l,Traeumer,
Gates
NOES. None ,
ATTEST : APPROVED :
� ��� �C�'�.,a,t�'�,,,,
�- - Adde Laurin Jack Gates
City & Traffic Planner Chairman, Planning Commission
-2 -
CITY OF CLTPERTIN�
CitsT Hall, 10321 South Saratoga-Sunny�ale Road
Cupertino, Californ3a 9�U1�-
Te�ephone : (�U8) 2��2_-ZI-505
RESOLUTION Oi THE PLANN:[:iV'G COMMISS?':�l`J C�+' 1H7: C:tTY' OF CUPERTSNO
RECONIMENDING THE D�N1�L OF A VI�R:LnT10E .
WHEREAS, the Planning Comm�.ss:ion of the City of Cupertino
received an application for a VARZANC�, as stated on page two; and
WHF'REAS, the applicant has NOT met tYie burden of proof required
to support his said applicati�n;
WHEREAS, the Planning Commission finds that the application does
NOT meet all of the fo11oU1ing requirements:
1. That there are special conditions or exceptional character-
istics in the nature of the property to b� affected, or that its
location, or its surroundings are such as will permit the Commission
to make a determination that a literal enforcement of the Ordinance
woul.d result in pract3.cal difficulties or unnecessary hardships; and
2. That the granting of the application is necessary for the
preservation and enjoyment of substantial property rights; an�.
3. That �he granting of the applicaf;ion wi11 not materially
affect adversely the heaJ.th or safety of persons residing or working
in the neighborhood of the property which is the subject of the ap-
plication, and that the use of said property in the manner which it
is proposed to be used will not be materially detrimental to the
public welfare or injurious to thP value of property or improvements
located in said surroundings;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and
other evidence submitted in this matter, the a�plica�;ion for the
VARIANCE be, and the same is, he�nE:by NOT recoman�nded for approval to
the City Council of the City of Cupertino; and
BE IT FURTF�P� RESOLVED :
That the findings quoted above and on page two are approved and
adopted, and that the Secretar�r be, and is hereby, directed to notify
the parties affected by this decision.
(continued on page 2)