Reso 4490 4-EXC-93
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4490
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING AN EXCEPTION TO CONSTRUCT AN ADDITION TO A RESIDENCE
SECTION 19.40.140 OF THE MUNICIPAL CODE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino has received an application for an
Exception, as described on Page 1 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 one or more Public Hearings on this
�'i matter; and
WHEREAS, the applicant has failed to meet the burden of proof required to support said application, and
has not satisfied the following requirements:
1) Literal enforcement of the provisions of the Ordinance from which an Exception is sought will
result in restrictions inconsistent with the spirit and intent of said Ordinance.
� 2) Granting of the Exception will not result in a condition which is materially detrimental to the
( public health, safety or welfare.
3) The Exception requested will require the least modification of prescribed regulations and the
, minimum variation that will accomplish the intent of the Exception request.
� 4) The proposed Exception will not result in hazardous conditions for pedestrians and vehicular
traffic.
NOW, THEREFORE BE IT RESOLVED:
� That after careful consideration of ma s, facts, eaLhibits and other evidence submitted in this matter, the
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application for Exception is hereby denied; and
� BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings and conditions specified in this Resolution are based
� are contained in the Public Record concerning Application 4-EXC-93, as set forth in the Minutes of the
Planning Commission Meeting of December 13, 1993, and are incorporated by reference as though fully
I set forth herein.
I SECTION II• PROJECT DESCRIPTION
Application No(s): 4-EXC-93
Applicant: Mike and Christy Akatiff
Property Owner: Mike and Christy Akatiff
Project Location: 22002 Lindy Lane
Resolution No. 4490 (4-EXC-93) December 13, 1993
Page -2-
PASSED AND ADOPTED this 13th day of December, 1993 at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Doyle, Mahoney
NOES: COMMISSIONERS: Roberts and Chairwoman Austin
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED
Robert Cowan Donna Austin, Chairwoman
I Community Development Director Cupertino Planning Commission
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