Reso 4281 1-V-90
C I T Y O F C U P E R T I N O
10300 Zbrre Avenue
Cupertino, California 95014
RF�OLITrION No. 4281
OF 'IHE PLANNING C�Il�IISSION OF TI� CITY OF GUPII2'I'IlJU
DII�TYING A VARIANCE Z+O SF7CI'ION 8.4.3 OF ORDINANCE NO. 1449
TO RIDUCE TI� R�QLTIl2ID S�OOND SPORY SEI'BACK
SLJRQ�E FOR A SDOOND SPORY ADDITION TO AN F�SI'ING
SINGI�-FANBLY RFSIDFNCE
S�CTION I: FINDINGS
Wf�FAS, the Planning C,o�rnnission of the City of Cupertino has received an
application for a Varianoe, as described on Page 2 of this Resolution; and
Tnh�E'AS, the necessary public notice.s have bee.n given in aocordance with
the Procedural Ordinanoe of the City of Cupertino, and the Planning
Commission has held at least one Public Hearing on this matter; and
Wf�RFAS, the Applicant has failed to meet the burden of proof required
under Sec.-tion 7 of Ordinance 652, and has not satisfied the follawing
criteria:
1) That there are special ooryditions or exceptional characteristics
in the nature of the praperty affected by the application, or
that its location or surro�u�dings are such as will ��it the
' Coannnission to make a determination that literal enforcement of
the Ordinance would result in practical difficulties or
unnecessary hardships; and
� 2) Zt�at granting of the Variance is ne.cessary for the preservation
and enjoymetit of substantial property rights; and
i 3) That granting of the Varianc:e will not produce a materially
adverse affect upon the health or safety of pexsons residing or
working in the neighborhood of the praperty which is the subject
� of this application, ar�d that the use of said property in the
manner which it is proposed will nat be materially detrimental to
the public welfare or injurious to the value of the property or
im�rovements located in said surra�u�d.irigs .
( NOW, �EFORE, BE IT RESOLUID
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'I'hat after careful oonsideration of maps, facts, testimony, exhibits and
other evidence sulznitted in this matter, the application for Variance is
hereby re�nnended for Denial by the City Council of the City of
Cupertino; and
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Resolution No. (1-V-90) 08/27/90
Page -2-
BE IT FU1�iEft RESOL�7ID:
That the suboonclusions upon which the fin�dings specified in this
Resolution are based are o�ntained in the Public Hearing record concerning
Application 1-V-90, as set forth in the Minutes of the Planning Carrnnission
Meetirig of August 27, 1990 ar�d are iricorporated by reference as though
fully set forth herein.
SDCTION II • PRaT�CI' DF.SCIt�'I'ION
Application No: 1-V-90
Applicant: Jenny arid Htx� Jackson
Property Owner: Jenny and Huc� Jackson
I,ocation: 22460 G'upPxtino Road
PASSID AND ADOPTID this 27th day of August, 1990 at a Re�gular Meeting of
the Planning Ccarnnission of the City of G�pertino by the follawing roll
call vote:
AYES: O�IISSIONIIZS: Adams, Mackenzie
I�ES: �A�IISSIONERS: Mann
ABSTAIlJ: O�Il�IISSIONIIZS: Fazekas
ABSII�T; QON�I.ISSIONg2S: Claudy
' p,TT�ST; AP'PF�JVID:
Js/Robert C�n /s/John claudy
( Robert Cowan Jahn Claudy, Chairn�an
Director of C,oarnrninity Devel�nt G'�apertino Plannirig Conunission
� peresos/iv90den
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