PC Reso 761 3-V-70
RESOLUTION N0. 761
OF THE PLANNING COMMISSI�N OF THE CITY OF CUPERTINO
RECOMMENDING THE DENIAL OF A VARIANCE to extend
height of fence in side yard from 6 feet to 8 feet.
APPLICANT: Allen and Edna Bergmann
ADDRESS: 10704 Gardena Court
SUBMITTED: Ma�ch 26, 1970
LOCATION: 21130 Gardena Drive
ZONING: R3-2.7
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(Continued from Page 1)
FURTHER FINDINGS: None
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PASSED AND ADOPTED this 13th day of April, 1970, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: Commissioners Buthenuth, Frolich, Irwin, Puetz, Hirshon
NAYS: None
APPROVED:
t
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ac T. Hirshon, hairman
' anning Commission
ATTEST:
James H. Sisk
Planning Director
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G I T Y 0 F C U P E R� I� 0
C i t y �la 1 1, 1 q300 Tc�r r� A��reni�e
Cupert�no, California 95014
Telephone: �408) 252
RESOLUTION 0� THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMEND�NG TFiE DENIAL OF A VARIANCE
WHEREAS the Pla�r�ing 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 burden of proof required
to suppor°t. h i s sa i d app 1 i cat i on, ar�d
WHEREAS �he Planr�ing Commission find� that the application does
NOT meet all of the fo1lowing r°equirements:
1, That the�°e a�°e special conditions o�° exceptional character-
i st i cs i n the natU.re of the prope�°ty to be affected, or
that its loca�ion or° its �uriroundings ar�e �uch as will per-
mit the Commi�si�n �o make a determination that a litet
enforcement of the r�dinance would result in practical
d i ff i cu 1 t i e� or ur�n�ces�ary hat i ps; and
2. That �he grar�ting of the application is necessa�y for the
preservatio� and enjoyme�� of substa�tial proper�y rights,
and
3, That the gr°an�ir�g of the application will not materially
affect adversely the health or safety of persons residing
o�r working in t�e neighborhood of the property which is
the subject of the application, and that the use of said
p� i n the �nanr�e� wh i ch i t i s proposed to be used
will not be materially detrimental to the public welfare
or inju[riou� to the value of the property or improvements
1 ocated i n sa i d su� i ngs . ,
NOW, THEREFORE� B� IT �ESOLVEDo
That afte� careful consideration of maps, facts, exhibits and
other evidence �ubmit�ted in this matte�, the application for
the VARIANCE be, and the �ame is, I�ereby NOT recommended for
approval to the City Council of the City of Cupertino; and
BE IT FURTHER RESOLVEDp
That the fin�ing� q�eted above and on Page 2 are approved and
adopted, and that the Secretary be, ar�c� is hereby, directed
to notify the pairties affected by this decision>
(Continued on Page 2)
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