Reso 4422 4-V-92
C I T Y O F C U P E R T I N O
, 10300 Torre Avenue
Cupertino, California 95014
I RESOLUTION No. 4422
OF Tf� PLANNING C��SSION OF THE CITY OF CUPERT'Il�TO
F;E�ON�iDING DII�TIAL OF A VARIANCE TO ORDINANCE NO. 1449,
SF�'CTION 8.4 TO RIDUCE � SEC70ND-S`PORY REAR YARD SEIBACK; TO
SE�GTION 8.5 TO EXCEID HEIGHT
S�CI'ION I: FINDINGS
WI�2FAS, the Planning Carrnnission of the City of Cupertino has rec;eived an
application for a Variance, as described on Page 2 of this Resolution; and
WI�RFJAS, the necessary public notices have be�n given in ac�cord�nce with the
Procedural Ordinance of the City of Cup�rtino, and the Planning Co�romission has
held at least one Public Hearing on this matter; and
Wf�ZEAB, the Applicant has failed to meet the burden of proof required to
support the application, and has not satisfied the follvwing criteria:
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1) That granting of the Variance is necessary for the preservation and
enjoyme.nt of substantial property rights.
NOW, �'ORE, BE IT RESOLUID
That aftex careful consideration of maps, facts, testimony, exhibits and other
evidence sul�nitted in this matter, the application for Varianoe is hereby
rec�nn�ed for Denial by the City Council of the City of Cupertino; and
BE IT FU� RESOLUID:
. That the subconclusions upon which the firydings and conditions specified in
this Resolution are based ar�d contained in the Public Hearing rec:ord concerning
Application 4 V-92 as set forth in the Minutes of the Planning Ccarnnission
Meeting of September 14, 1992, arxl are incorporated by reference as though
fully set forth herein.
SE7CTION II • PRATF7C.T DESCRIFI'ION
Application No(s): 4 V-92
Applicant: Paragon Design Group
Property Owner: Jon and Debra Elerath
Project Lpcation: 10050 Crescent Road
i
Resolution No. 4422 (4 V 92) September 14, 1992
Page -2-
PASSID AND ADOPTID this 14th day of September, 1992 at a regular meeting of the
Plannirig C�arnnission of the City of Cupertino, State of California, by the
following roll call vote:
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AYES: N��ERS Austin, Mackenzie, Mann and Mahoney
NAYS: P�ERS None
ABS�I'AIl�I: N��IBERS Fazekas
ABSE�VT: r�ERS None
AZ'I'EST: APPI�JVID:
,
� �
Robert Cowan Daryl az , irn�n
Dir. of Community Development Planning Cc�nnission
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peresos/den4v92