Reso 4374 4 V 91
C I T Y O F C U P E R T I N O
1 10300 'lbrY'e Avenue
Cupertino, C�lifornia 95014
FtF50LUrION No. 4374
I OF Z� PLANNING aC�SSION OF � CITY OF CUPII2TIl10
RF70C1NIl�IDING APPR(JVa�L OF A VARIANC'E �PO QRDIl�NCE NO. 1449:
SF]GTIONS 8. 2: FIAOR AREA RATIO, 8. 3.1(A) : FIl2S"I' SI�RY F�N'r SEIBAQZ,
8. 4.1(A) : SDOOIJD FLOOR FRO�Tr SEI�ACK, 8. 4. 3(A) : S�OOND FTAOR SETBACK
SCk��ARGE AND 12.1: �I'IIJSIO�T ALIONG EXISTING BUIIDING ISNFS
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S�ION 1: FIlVDINGS
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Wf�2EAS, the Planning C�amn.ission of the City of Gt�ertino has reoeived an
' application far a Variance, as described on Page 2 of this Resolution; and
�EAS, the necessary notioe.s have been given in a000rdance with the
Prooedural Ordinance of the City of C�ertino, ar�d one or more Public Hearirigs
have been held by the Planniryg Co�¢nission; ar�d
� Wi�2EA.S, the Plannir�g Gcetmiission finds that the application satisfies the
following criteria:
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1) 'Ihat the lat size is smaller than the existirig paroels in the
► iam�ediate area, and due to fuifiher net lot area reduction bec�,ause of
street dedication require2nexits, this exoeptional lat size warrants
grantirig of a varianoe.
2) Due to the adequate distanoe betw�i the proposed seoond story
addition and the adjoining property East. This paroel can oontinue to
reoeive light and air after oonstruction of the reduce setback
structure.
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3) It wvuld be awkward to require a 3" jog in the garage to meet the
mini.nann side setback., as required in Ordinance 1449, Sec.-tion 12. The
� Central Fire District ar�d City Building Departmerits have revie�aed and
apprwed the deviated setback, �onditioned upon a one-haur fire wall
being oonstruct:ed along the East wall of the pro��osed garage addition.
� 4) The pro�perty is located in Old Mont.a Vista which has unique
develap�nent characteristics.
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5) Zhe project is a remodel of an existing hw.se which is located in
close proximity to the existing fror►t property line. The location ar�cl
design of the existing hau.se pravides extraor�dinary design
difficulties which justifies the grant of a varianoe.
N(�W, �EF�ORE, BE IT RF�SOLUID:
That after careful consideration of maps, facts, exhibits, testimony and other
evidence submitted in this matter, the application for varianoe is hereby
reooatiamexyded for approval, subject to the oonditions which are ernmierated in
this Resolution beginning on Page 2 thereof; ar�d
Resolution No. 4374 (4 V 91) Sep�tember 9, 1991
Page -2-
� BE IT Fi� RESOL�IID:
'Ihat the suboonclusions upon which the f indings ar�d con�ditions specif ied in
this Resolution are based are oontained in the Public Hearing reoord oonoernirig
Application 4-V-91 as set forth in the Minutes of the Planning Cb�nnission
� meeting of Sep�te�mber 9, 1991 ar�d are inaorporated by refere,rx�e as thauc�i fully
set forth herein.
SF]CrION II: PRAT�Cr DESGRIP'I'ION
Application No(s): 4-V-91
Applicant: Philip M. Lenihan
1 Pro�rty owrier: same
Project L�ocation: 21841 Almaden Ave.nue
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SDCTION III : C�ONDITIONS AI�IJISI'ERID BY TI� QO�RJI'I'Y DEVEIAPN�I' DEPT
1. APPI�JVID F�IIBITS
The reocgrnnerydation of appraval is based on Plans 1-4, dated 7/23/91, exoept
as may be a�mended by the Conditions c�ntair�ed in this Resolution.
2. FLi00R AREA RATIO
� Zhe Floor Area Ratio shall be recalculated in a000rdaix� with Ordinanoe No.
L 1453, Sec.�tion 4.19. The maxim�nn floor area ratio shall not exoeed 49�.
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3. VARIANCE A�VAL
'Ihis Varianoe beccsnes effective �on the prc�erty vwner written agree2nent
to dedication ar�d impr�it the roadway (Almaden) in front of the subject
parvel, to the satisfaction of the Direator of Public Works and City
Attorney.
� 4. GARA�GE ADDITION
A one-hour fire wall shall be oonstructed along the East building wall of
the subject garage addition subject to the Central Fire Protec.-tion District
an�d City of C�ertino Buildirig Deparbment review ar�d appraval.
PASSID AND ADOPTID this 9th day of September 1991, at a R�gular Meeting of the
Planning C7cenamission of the City of Cupertino by the follvwing roll call vote:
AYES: C�tIISSIONII2S: Fazekas, Mahoney, Mann aryd C1�airman Mackenzie
NOFS: OCd�SSIONERS: Austin
ABffrAIlJ: �SSIONII2S: None
ABSElVT: OC�M�SSIONII�S: Norie
A'I'I'F�r: P,PP'RpVID:
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Robert Cvwan Mackenzi Chairman
Director of Ccarnrnxnity Devel�nt Gt�ertino Plannir�g C7ce�anission
peresos/4v91