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Reso 4357 3-V-91 C 2 T Y O F C U P E R T 2 N O 10300 Zbrre Avenue Cupertino, California 95014 RESOL�TI`ION No. 4357 OF TI� PLANNING OCA�Il�SSION OF 'IHE CITY OF CUPII7I'Il10 RE7C�TDING APPI�JVAL OF A VARIANCE 'PO SDGTION 8 OF ORDIl�NCE NO. 1449 TO RIDi7CE RDQiTIl2ID FIRST SPORY SIDE YARD SETBACKS 'In F�SI'Il1G SIl�TGLE-FANIILY RESIDII�TC�'S S�GTION I: FIl�IDIl�TG.S W�, the Planning Coanmtission of the City of Cupertino has received an application for a Variance, as de_scribed on Page 2 of this Resolution; and Wf�2FAS, the necessary public notices have been given in accordance with the Procedural Ordin��e of the City of Cupextino, and the Planning Ccmmnission has � held at least one Public Hearing on this matter; and WI�2EAS, the Applicant has meet the kxarden of proof required to support the application, ar�d has satisfied the fitrlings necessary to receive approval of the varianoe request: a) 'Ihe surveying practioes associated with the original 1917 subdividing map and subsequerit practice of allvwing subdivision activity via deed transfers has resulted in a develap�nent patte.rn and kuilding sitirig which is substandard. Current owners can not easily rectify the problem absexit lot line adjustment and zoning variance.s. b) The granting of a Variance is necessary to enable the applicants to enjoy � the use of their properties. � c) The granting of the Variarx�e will not be detr�mental to the health, safety � at�d �elfare of adj oining praperty vwners . 1JCJW, �iORE, BE IT R�SOLUID � That after careful consideration of maps, facts, testimony, exhibits and other eviderice sukmitted in this mattex, the application for Variance is hereby I reo�nn�ed for Approval by the City Ca�.uicil of the City of Cupertino; and BE IT FUKI� RF50LUID: 'ItLat the suboonclusions upon which the firrlings specified in this Resolution are based are ooritained in the Public Hearing reoord concernirig Application 3-V-91, as set forth in the Minutes of the Planning Cwtmiission M�eting of July 22, 1991 ar�d are incorporated by referexx:e as tha� fully set forth herein. Resolutian No. 4357 (3-V-91) July 22, 1991 Page -2- II. PR�TDCT DESQZIPTION . Application No(s): 3-V-91 Applicant: Lewin King Praperty Owner: King,/Balde Project I,ocation: 10741 Santa Lucia Road and 10775 Stevens Canyon Road III. UONDITIONS OF AI�IVISI'EftID BY 'IHE aCMMUNITY DEVELiOPN�r DEP'I'. 1. The approval is based upon the plat map labeled �hibit A. 2. 'It1at Mr. and Mrs. Balde's shall be signatores of the Variance application. pASSID AND ADOPTID this 22th day of July, 1991 at a Re�gular Meetirig of the Planning Ccenun.ission of the City of Cupertino by the follvwirig roll call vote: , AYFS: OC�SSIONER.S: Austin, Fazekas, Mahoney, Mann aryd Chairman Mackenzie I NOFS ; CJC�M�IISSIONE�ZS : None ABSTAIN: CJCI�SSIONg2.S: None � ABSENT: O�M�IISSIONE�.S: None � A'1'1'F�T • APPR�VID: . R�bert Ccywan Donald Ma , Chairn�an Director of Gc�urn�nity Develo�nerit Cupertino Pl Comanission I I I I I I pc�resos/3v91