Reso 4402 2 V-92
C I T Y O F C U P E R T I N O
10300 'Ibrre Avenue
� C�rtino, California 95014
I RF50LiJI'ION No. 4402
( OF Zi� PLANNING OC��IISSION OF 7� CITY OF CUPII�'I'IlJO
R�CX�Il�TDING APPRQVAL OF A VARIANCE TO S�CI'ION 8.3 OF
ORDIl�NCE NO. 1449 (R-1) 'PO RIDiJC`�E THE SEl'BACK F'fifJM 10 FT. TO 9 FT.
ON 'IHE SOUI�i SIDE OF THE PR�PF�I'Y FOR A NEW RESIDENCE
SF7CI'ION 1 • FINDING.S
� WI�RFAS, the Plannirig C�ce�unission of the City of Cupertino has reeoeeived an
application for a Variance, as described on Page 2 of this Resolution; and
� Tnh�E2E'AS, the neoessary notioes have been given in aocordance with the
Procedural Ordinanoe of the City of Gtizpertino, and one or more Public Hearings
have been held by the Planning Co�nm�ission; arid
;
Wf�2EAS, the Planning Commi.ssion finds that the application satisfies the
follawing c,riteria:
� 1) That there are exceptional con�iitions relating to the property that the
� Connnission make a determination that a literal enforcement of the
Ordinance would result in practical difficulties or unneoessary
hardships. This is a result of a civil erigineering error in determinirig
the location of the property line. The costs associated in moving the
. structure o�utweight the i�acts of keeping the stucture at it's existing
location.
2)'ItLat the granting of the variance action is neoessary for the
preservation and enjoyment of substantial praperty rights.
� 3) 'Ihat the Hearing record demonstrates that the granting of the variance
' will not have an adverse in�act upon the health or safety of persons
residing or working in the neic�zborhood of the property. Ftiirther, the
► manner in which the property will be used subsequent to iYrq�lementation
of the variance action will not be materially detrimental to the public
welfare.
NOW, T�ORE, BE IT RF50LUID:
That after careful consideration of maps, facts, e�ibits, testimony and other
evidence su�mitted in this matter, the application for variance is hereby
rec�mnerided for appro�val, subject to the conditions which are entnnPxated in
� this Resolution beginning on Page 2 thereof; and
BE IT FU17I� RE.SOLUID:
'That the subconclusions upon which the firydings and conditions specified in
this Resolution are based are contained in the Public Hearing record concerning
Application 2-V-92 as set forth in the Minutes of the Planning Corrnnission
meeting of April 13, 1992 and are irx:orporated by reference as though fully set
forth herein.
Resolution No. 4402 (2-V-92) April 13, 1992
Page -2-
�
S�CI'ION II • PRU7�]�r DESC'R�'I'ION
( Application No(s): 2-V-92
, Applicant: George Adzich
Property owrier: rir. and rlrs. Aazicxi
Project I�ocation: 21846 Granada Avenue
SECTION III: QONDITIONS A�iISI�2ID BY 'IHE OCNIl�![JNITY DEVIIAPN�VT DEPT.
� 1. APPRC�VID F�IIBITS
The r�rm�endation of approval is based on Site Plan dated March 1992 of
application 2-V-92 as it relates to setbacks, and building permit Site plan
dated January 26, 1990 relating to building area and other details, and
Building ��it elevations dated January 26, 1990, �oept as may be amexrled
by the Conditions oontained in the Resolution.
PASSID AND ADOP'I� this 13th day of April, 1992 at a regular meeting of the
� Planning Co�unission of the City of C�ipertino, State of California, by the
( follawing roll call vote:
AYES : N��E�2.S : Austin, Mackenz ie, Mahoney, Mann
NOFS: N��F�2.S: None
ABSI'AIl�T: N��F�ZS: Fazekas
ABSIIVT: N��II2S: None
ATI'EST: APPI�VID:
� � �
' Robert Ccx�ran Daryl z , irman
Director of Ccernrnanity Devel�zt Planning C,�nnnission
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