Reso 4360 1-V-91
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupextino, California 95014
RESOLLFrION No. 4360
OF THE PLANNING CJONIl�IISSION OF THE CITY OF CUPERTII�TO
R�O�TDING DII�IIAL OF 'IHE VARIANCE R�QUE�r TO
SECTION 8.3.2, 8.4.3, 9 AND 10.3.2 OF ORDIl�,NCE NO. 1449
SF�(. I: FINDINGS
Wf�2E'AS, the Planning Conn�ission of the City of Cupextino has received an
application for a Variance, as described on Page 2 of this Resolution; and
WI�REAS, the necessaiy public notices have been given in aa�ordance with
the Procedural Ordinance of the City of Cupertino, and the Planning
Co�rnnission has held at least one Public Hearing on this matter; and
Wf�E'AS, the Applicant has failed to meet the burden of proof required to
support the application, and has not satisfied the follvwing criteria:
1) 'The applicant has failed to meet the three variance criteria
required to grant variance relief.
2) The project can be redesigned to meet the ordinance setback
requirements and allvw the property owner to enjoy substational
property rights.
3) BY 9rar►ting a variance to the second story setback surc,h�arge,
, future off-site impacts to adjoining properties may occur
specifically with regard to light, air and privacy impacts as
outlined in the staff report dated July 22, 1991.
' NOW, �+ORE, BE IT RF�OLUID
That after careful consideration of maps, facts, testimony, e�ibits and
� other evidence sukanitted in this matter, the application for Variance is
hereby r�rnneryded for Denial by the City Council of the City of
Cup2,t"'t1llo; cZTld
BE IT F'U1�I�iII2 RF50L�TID:
That the subc.onclusions upon which the f inclings specif ied in this
Resolution are based are contained in the Public Hearing reoord ooncerning
Application 1-V-91, as set forth in the Minutes of the Planning Connnission
Meetirig of July 22, 1991 and are incorporated by reference as though fully
set forth herein.
Resolution No. 4360 07/22/91
�
Page -2-
S�CI'ION II• PRQTECI' DESCRIPTION
Application No(s): 1-V-91
Applicant: Ilsang Lee
Propex Owner: Ilsang Lee
Project I,ocation: 10091 Hillcrest Road
PASSID AND ADOPTID this 22nd day of July, 1991 at a R��gular M,eeting of the
Planning Coi�umission of the City of Cupertino by the follo�wing roll call wte:
AYES: OONIl�SSIONIIZS: Austin, Fazekas, Mahoney, Mann, C�r. Mac,]�enzie
NOES: OONIl�RISSIONER.S: None
ABSI'AIl�T: C�ONM�SSIONIIZS: None
ABSIIVT: CON�ISSIONERS: None
A'I'1�'.S'I': APPR�VID:
vU� � `
t�f��
Robert Cow�an Dona Niack Chainnan
Director of Crnrnnunity Development Cupextino Pl Comnissian
Pa'�/Pc1v91