Reso 4401 1-V-92
C I T Y O F C U P E R T I N O
� 10300 'Ibrre Avenue
Gtiipertino, California 95014
� RF50I�TrION No. 4401
OF THE PLAIVN'Il�TG �C�Il�IISSION OF TI� CI'I'Y OF CUPEE�I'IlJO
RDCJONA�VDING APPROVAL OF A VARIANCE TO SE7CI'ION 8.3 AND 8.4 OF
ORDII�NCE #1449 TO RIDiJCE � FRONT SEI'BACK FR�1K 15 FEE'r
TO 5 FF�r FOR THE FIR..�S'I' S'I�ORY AND F'ROM 25 FE�r TO 10 FEE'r
F�OR 'IHE SDC70ND SPORY FOR A N�nT R�SIDII�iCE.
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SEIGTION I • FIl�iDINGS
WHg2FAS, the Plann.irig Coatm�ission of the City of Cupertino reoeived an
application for a Varianoe, as described on Page 2 of this Resolution; and
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Wf�RFAS, the neoessary public notices have be�n given in acoordance with the
Procedural Ordinanoe of the City of Cupertino, and the Planning Co4rnn.ission has
held at least on Public Hearing on this matter; and
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WI-�2FAS, the applicant has met the burden of proof required to support said
application, and has satisfied the findings necessary to receive approval of
the variance request:
a) There are exoeptional or extraordinary circtim�stances or conditions
1 applying to the lar�d, buildirig or use referred to in the application, which
circ�mnstances or conditions do not apply generally to land, building and/or
uses in the same district; and
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b) That the grantirig of the application is necessary for the preservation
and the enjoyment of substantial property rights; and
� c) That the granting of such application will not materially affect the
health or safety of persons residirig or workirig in the neighborhood. Nor
will the application be materially detrimental to public welfare or
� injurious to the value of the property or in�raveme.nts of said
neighUorhoods.
� NOW, �ORE, BE IT RF50LUID:
That after careful c�nsideration of maps, facts, e�ibits, testimony and other
evide.nce suxanitted in this matter, the application for Variance is hereby
reco�nerided for appraval, subject to the conditions which are enwnerated in
� this Resolution b�ginning on Page 2 thereof; and
� That the subconclusions upon which the findings and conditions specified in
� this Resolution are }aased and contained in the Public Hearing record concernirig
� Application 1-V-92 as set forth in the Minutes of the Planning CaYrnnission
Meeting of April 13, 1992, and are incorporated by reference as though fully
set forth herein.
Resolution No. 4401 (1-V-92) April 13, 1992
Page -2-
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� SDCI'ION II: PROJ�CZ' DF�CEtTPTION
r Application No.(s): 1-V-92
� Applicant: Val & Lily Vaden
Property Owner: Val & Lily Vaden
Loc.ation: 22701 San Juan Road
SF7CI'ION III: OONDITIONS AI�IINISTII�ID BY THE OO�M�ICINI'I'Y DEVELAPN�IT DEPI'.
� 1. APP'ROVID �IIBI'I'S
� The approval is based on the letter frcan the applicant dated 2/28/92, the
elevation plan dated March 2, 1992, and the site plan dated March 2, 1992.
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� 2. C!OVII�N`r RDGARDING G�ULOGIC HAZARD.S
'The ap�licant shall record a oovenant to be transferred informing future
lot of the existenoe of geologic hazards in the area, and
r additionally that special develo�en�ent r�gulations apply to any construction
( on the lot.
3. HEIGEiT
The maxim�mt height allowed is 26 feet.
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PASSID AND ADOPI� this 13th day of April, 1992 at a regular meeting of the
� Planning Cce�unission of the City of Gtizpertino, State of California, by the
( followirig roll call vote:
AYES: r�IIZS: Austin, Mackenzie, Mahoney, Mann
' NOES : N��ERS : Fazekas
ABSI'AIl�i: N��g2S: None
� ABSF��T: 1��F�2S: None
( A'1'1'F.�r: APPI�7VID:
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Robert cc�caan naryl Fazekas, criairman
Director of C.ca►nrnanity Devel�it Planning Ccarnnission
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