Reso 4430 1-EXC-92
CITY OF CUPERTINO
► 10300 Torre Avenue
Cupertinq California 95014
RESOLUTION NO. 4430
OF TI-�E PLANNING CONIlvIISSION OF TI� CITY OF CUPERTINO APPROVING AN EXCEPTION TO
CHAPTER 16.28 OF TI� MUNICIPAL CODE TO LOCATE A FENCE ON TI� FRONT PROPERTY LINE.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the Ciry of Cupertino 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 matter; and
WHEREAS, the applicant has met the burden of proof required to support the application, and has satisfied the
following requirements:
1) Literal interpretation of the provisions of the Chapter will result in inconsistencies with the spirit and
intent of said Chapter.
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 to be granted is one that will require the least modification of the prescribed
regulaUons and the minimum variation that will accomplish the purpose for which the Exception is
sought.
4) The Exception will not result in a hazardous condition for pedestrian and vehicular traffic.
NOW, TI�REFORE BE IT RESOLVED:
That after careful consideraUon of maps, facts, exhibits and other evidence submitted in this matter, the application
for Exception is hereby approved; and
` BE IF FURTI�R RESOLVED:
� That the sub conclusions upon which the findings and conditions specified in this Resolution are based are
contained in the Public Record concerning Application 1-EXC-92 , as set forth in the Minutes of the Planning
Commission Meeting of November 9, 1992 and are incorporated by reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
1
Application No(s): 1-EXC-92
1 Applicant: Harold and Marlene Judv
Properly Owner: Harold and Marlene Judv
� Project Location: 10930 Miramonte
I
Resolution No. 4430 (1-EXC-92) November 9, 1992
Page -2-
r
SECTION III: CONDITIONS ADMINISTERED BY TI-� PUBLIC WORKS DEPT.
1. Annroved Exhibits: The approval is based on Site Plan dated September 3, 1992, except as may be amended
by the Conditions contained in this Resolution.
2. Maximum Hei�: As required by the City of Cupertino Standard Detail (7-2) no portion of the new fence
may be higher than 42 inches from street grade. Satisfaction of this requirement shall be completed to the
satisfaction of the Public Works Depa�ment.
3. Location: The fence may not be located within the public right�f-way. A survey or similar method such as
certification from a licensed civil engineer or surveyor to confirm that the fence is outside the right-of-way,
prior to the building pernut being finaled, is required. This shall be conducted and completed at the direction
of the Public Works Department.
PASSED AND ADOPT'ED this 9th day of November, 1992 at a Regular Meedng of the Planning Commission of
the City of Cupertino by the following roll call vote:
AYES: COMNIISSIONERS: Austin, Mackenzie, Mann and Chairman Fazekas
NOES: CONIlVIISSIONERS: None
ABSTAIN: CONIlvIISSIONERS: None
ABSENT: CONIlVIISSIONERS: Mahoney
ATTEST: APPROVED
i ��` V
j �.�� l
Robert Cowan Daryl Fazekas, ha an
Community Development Director Cupertino Planning Commission
g:�mm\peresos/ 1 exc92
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