Reso 1194 ' 7—V-73
RESOLUT_ION NU. 1194
OF TIII: 1'Lt1NNING C0�'�tiIISSION OF TiI� CITY OF CUI'ERTINO
REC��T�!lt?,iDING THt: Di?NIAL OF A VARIANCF TO INC?tEASE
THE NUMBI�.R Or PETZr1I'TTED STORILS I'OK A SINGLE-FAI�IILY •
RESIDrNTIAL STRt1CTUl:;'�: FIZQM TWO STORiF.S TO TI�I2f�E
STOI:IF.S .
�1PPL7CAIVT; Stuart r1. Kadas
ADDRL:SS 1655 �o. Saratoga-Sunnyvale Rd., ��4, San Jose 95129
SUBP�IITTFD: Jul.y 27, 1973
LOCA'�IO�V: I�Tear the Cerminus of Lindy P1ace, more specifically tile address
is 11476 Lindy Fl•ace o
'LONE: R1--10 (Residential, Single-Family, 1_0,000 sq. ft. per dweiling unit)
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FURTHER FINDINGS:
1. The application failed to sr�.tisfy th� crit�.ria"set for�h by ordi.nance
r.elative to the appr_oval of a variance.
P�?SSED 1�ivD ADOPT�D this 13th day of August, 1973, at a regular meeting of
th.e T�_aaning Connnission of the City of Cupertino, State of C�lifornia, by
�he �cl_lowing ro11 call vote:
�.yL,; Commissioners �ldams, Gatto, 0'Keete, L'uthenuth
NAYS: Cemmissioner Nellis
I�BSTAINITtG : None
A?3SENT : Noue
APPROVED:
John W. Buthenuth, Chairman �
Planning Comm:is:sion
ATTEST:
�,�; � �.�..� ��'�.3�'.�_�__._-__--
Rober� S. Cowan
1lssociate Plan.�er
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C I T Y 0 r C u P E R T I N 0
City H�il, iO300 To�r�:. �venue
Cupertino, California 95014
Telephone- ;408) 252-4505
RESOLUTION OF iHE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE DENIAL OF A VARIANCE
WHERE.AS the Planning Commission of the City of Cupertino re-
ceived an application for a VARIANCE, as stated on Page 2, and
WHEREAS the applicant has NOT met the burden of proof required
to support his said application, and
WHEREAS the Planning Commission finds that the application does
NOT meet all of the following requirements:
1. That �here a!�P special conditior�s or exceptional character-
istics in tf�e nat�re of the property to be affected, or
that ifis location or its suri�oundings are such as will per-
mit the Commission t� make a determination that a literal
enforcement of the r�uinance would result in practical
difficulties or unn�ces�ary hardships; an�
2, That the g�°ant i ng of the app 1 i cat i or� i s necessa� y for the
preservatio� and enjoyment of substar�tial property rights,
and
3. That the gra��ing of the application will not mate.rially
affect adversely the health or safety of pzrsons residing
or wo� in the neighborhood of the property which is
the subject of the application, and that the use of said
prope�rty in the manr�er which it is proposed to be used
will not �e materially detrimental to the public welfare
or injurious to the value of the property or improvements
locate� in said surroundings.
NOW, THEREFORE, BE IT kESOLVED: -
That after careful consideration of maps, facts, exhibits and
other evidence submitted in this matter, tf�� application for
the VARIANCE �e, and the same is, hereby NOT reccmmerded for
approval to the City Council of the City of Cupertino; and
BE IT FURTHER RESOLVED:
That the findings quoted above and on Page 2 are approved and
adopted, and that the Secretary be, and is hereby, directed
to notify the parties affected by this decision.
(Continued on Page 2)
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