Reso 1207 7-V-73
RESOLUTION N0. 12C7
OF THE PLANNING CON�fISSION OF THE CITY OF CUPERTINO ��
REAFFIRMING ITS PREVIOUS RECOMMENDaTI0�1 (RESOLUTION 1194}
THAT VART�IvCE APPLICATION 7-V-73 to increase the number
of permitted stcries for a single-family residential
structure from two stories to three stories be denied. .
APPLICANT: Stuart M. Kadas
ADDRESS: P. 0. Box 478, Cuperti:�o, Calif 95014
SUBMITTED: July 27, 1973
LOCATION: Near the terminus of Lindy Place, more spec�fically the address
is 11476 Lindy Place �,
?ONE: R1-10 (Residential, single-family, 10,000 sq. ft. per�dwelling unit)
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FURTHER FINDINGS:
1. The application f ailed to satisfy the criteria set forth by ordinance
relative to the approval of a variance.
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PASSED AND ADOPTED this 24tn day of September, 1973, at a regular meetii�g of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote: .
AYES: Commissioners Gatto, 0'Keefe, Buthenuth
NAYS: Commissioner Nellis
ABSTAINING: Ncne
Al3SENT: Commissioner Adams
APPROVED:
John W. Buthenuth, Chairman
Planning Commission
ATTEST:
. � � •
� ��✓.
James H. Sisk
�� Planning Director
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C I T Y 0 F C U P E R T I N 0
C i ty i-la 1 1, 10300 T�r � Avenue
Cupertino, California 95�14
Te�lephone: (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMEND�NG THE DEivIAL OF A VARIANCE
WHEREAS the Planr�ing 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 t.he Planning Commission fin�s that the application does
NOT meet all of the following requirements:
l. That there a� special conditions or exceptional character-
istics in the nat�,�re of the property to be affected, or
that its locati�n or` its surrc�undings are �uch as will per-
mit the �ommi�sion �o make a determination that a literal
enforcement of the rdinance wou1�J result in practical
difficultie� or urn�cessary hardships; and
2. That the grantirg of the application is necessary for the
preservatic� and enjoyment of substantial property rights,
and
3. That the gran�i�g �f the appiication will not materially
affect adver�ely the health or safety of persons residing
or working in the neighborhood of the property which is
the subject of the application, and that the use of said
property i n t��e manr�er° wh i ch i t i s proposed to be used
will not be materialiy detrimental to the public welfare
or injuriou� to the value of the property or improvements
locate� in said surroundings.
NOW, THEREFORE, BF IT RESOLVED:
That after careful consideration of maps, facts, exhibits and
ather evidence submitted in this matter, the application for
the VARIANCE be, and the same is, hereny NOT recommended for
approval to the City Council of the City of Cupertino; and
BE IT FURTHER RESOLVED:
That the findings q�oted above and on Page 2 are approved an�
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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