Reso 4352 2-V-91
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4352
OF � PLANNING �M�IISSION OF Tf� CITY OF CUPF,R'1'I1�T0
DIIJYING A VARIANCE TO SF7CI'ION 8.3.2 OF ORDINANCE NO. 1449
TO RIDUCE TI� RDQ�T�2ID FIRS'T S'I�ORY SIDE YARD SEIBACK TO AN
�STING SINGLE-FAN�LY RESIDII�ICE
SECI'ION I• FINDINGS
Wf�2FAS, the Planning Coarnnission of the City of Cupertino has received an
application for a Variance, as described on Page 2 of this Resolution; and
W�F'.AS, the necessary public notices have beP.n given in acxordance with
the Procedural Ordinance of the City of Cupertino, and the Planning
� Con�nission has held at least one Public Hearing on this matter; and
W�S, the Applicant has failed to meet the k�urden of proof required to
support the application, and has not satisfied the follcywing criteria:
1) That the prop�rty awner has not met the variance findings
necessary to receive approval of the variance request; and
2) That by granting the variance request the adjoining property
owner will be affected due to the reduction in setback normally
e��pected between these properties thus causing a reduction in
light, air and privacy.
� NOW, THg2EF'ORE, BE IT RE.SOLUID
That after careful consideration of maps, facts, test�mony, exhibits and
� other evidence sul��itted in this matter, the application for Variance is
hereby recammended for Denial by the City Council of the City of
Cupertino; and
�
BE IT FCT1zI� RESOL�7ID:
� That the subconclusions upon which the findings specified in this
Resolution are based are contained in the Public Hearing record concerning
Application 2-V-91, as set forth in the Minutes of the Planning Co�nnission
Meeting of July 8, 1991 and are incorporated by reference as though fully
set forth herein.
Resolution No. 4352 (2 V-91) July 8, 1991
Page -2-
Application No(s): 2-V-91
Applicant: Mr. and Mrs. Avi Tepoman
Property Owner: Mr. and Mrs. Avi Tepmn�n
Project I,ocation: 10380 Malvern Court
PASSID AND ADOPTID this 8th day of July, 1991 at a Re�gular Meetirig of the
Planning Co�¢nission of the City of Cupertino by the follawing roll call
vote:
AYES: G�OP�Il`�IISSIONER.S: Mahoney, Fazekas
NOFS: C�M�IISSIONERS: Mann, Makenzie, Austin
ABS"I'AII�I: CJO�M'IISSIONF�2.S:
ABSENT: QOPM'IISSIONER.S:
ATPES�r: APPROVID:
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�
Robert Cvwan Dona ckenzie,
Director of Car�tunity Develop�xit Cu�xtino Planning ' ssion
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resos/pc2-V-91