Reso 6294 V-2004-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6294 Denial
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A VARIANCE TO CHAPTER 19.80 B(1)(k) FOR A SECOND-STORY DECK
WITH A SIDE SETBACK OF TEN FEET WHERE FIFTEEN FEET IS REQUIRED.
SECTION I: PROTECT DESCRIPTION
Application No.: V-2004-03
Applicant: Greg Richmond
Location: 10495 Scenic Boulevard
SECTION II: FINDINGS
WI-IEREAS, the Planning Commission of the City of Cupertino has received an application
for a Variance, as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
Public Hearing on this matter; and
WHEREAS, the applicant has meet the burden of proof required to support the application,
and has satisfied the following criteria:
1) That granting the Variance will not be detrimental or injurious to property or
improvements in the vicinity and will not be detrimental to the public health, safety, and
general welfare, or convenience, and to secure the purpose of the title.
WHEREAS, the applicant has not meet the burden of proof required to support the
application, and has satisfied the following criteria:
2) That there not are extraordinary or exceptional circumstances or conditions applicable to
the property involved that do not apply generally to properties in the same district.
3) That granting of the Variance is not necessary for the preservation and enjoyment of
substantial property rights of the applicant, and to is not necessary to prevent
unreasonable property loss or unnecessary hardship; and
Resolution No. 6294 V-2004-03 January 25, 2005
Page -2-
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, testimony, exhibits and other evidence
submitted in this matter, the application for Variance is hereby denied by the Planning
Commission of the City of Cupertino; and
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings specified in this Resolution are based are
contained in the public hearing record concerning Application V-2004-03, as set forth in the
Minutes of the Planning Commission Meeting of January 25, 2005, and are incorporated by
reference as though fully set forth herein.
DENIED this 25th day of January 2005, at a Regular Meeting of the Planning Commission of
the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chen, Giefer, Vice-Chair Miller and Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: Chairperson Wong
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
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Steve Piasecki Gilbert Wong, Chairp on
Director of Community Development Cupertino Planning ommission