Reso 4535 3-V-94
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4535
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF A
VARIANCE TO ALLOW A 7 FT. SECOND STORY SIDE YARD SETBACK INSTEAD OF
APPROXIMATELY 10 FT. AS REQUIRED FOR SINGLE FAMILY RESIDENTIAL ZONES
(SECTION 19.28.060 OF THE MUNICIPAL CODE)
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Variance, 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 at least one Public Hearing on this matter; and
WHEREAS, the Applicant has failed to meet the burden of proof required to support the application, and has
not satisfied the following criteria:
1) That there are exceptional or extraordinary circumstances or conditions applying to land, building or
use referred to in the application, which circumstances or condition do not apply generally to land,
buildings and/or uses in the same district. The existing nonconforming setback circumstances exists
for many buildings throughout Cupertino and it is not unusual to the applicants parcel or building.
2) That the granting of the application is necessary for the preservation and enjoyment of substantial
property rights of the petitioner.
NOW, THEREFORE, BE IT RESOLVED
That after careful consideration of maps, facts, testimony, e�chibits and other evidence submitted in this matter,
the application for Variance is hereby recommended for Denial by the Planning Commission of the City of
Cupertino; and
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings specified in this Resolution are based are contained in the
Public Hearing record concerning Application 3-V-94, as set forth in the Minutes of the Planning Commission
Meeting of June 13, 1994 and are incorporated by reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 3-V-94
Applicant: Roy & Yvonne Hampton
Property Owner: Roy & Yvonne Hampton
Location: 21821 Oakview Lane
Resolution No. 4535 (3-V-94) June 13,1994
Page -4-
PASSED AND ADOPTED this 13th day of June, 1994, at a regular meeting of the Planning Commission of the
City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Doyle and Chairman Mahoney
NOES: COMMISSIONERS: Harris
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Austin, Roberts
ATTEST: APPROVED:
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Robert S. Cowan Orrin Mahoney, Chai an
Director of Community Development Cupertino Planning ommission
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