Reso 4781 10-EXC-96
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
� RESOLUTION NO. 4781
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A FENCE EXCEPTION TO LOCATE A 6 FOOT
HIGH FENCE WITH A ZERO SIDE YARD SETBACK IN ACCORDANCE WITH
CHAPTER 16.28 OF THE CUPERTINO MUNICIPAL CODE
SECTION I: PROJECT DESCRIPTION
Application No.: 10-EXC-96
Applicant: Samy Ishak
Property Owner: Samy Ishak
Location: 22164 McClellan Road
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
exception to the Fence regulations as stated in Chapter 16.28 of the Cupertino Municipal Code, and as
described in this Resolution; and
WHEREAS, the Planning Commission finds the following with regards to this application:
a) That the literal enforcement of the provisions of this chapter will result in restrictions inconsistent
with the spirit and intent of this ordinance; that concerns with littering and safety can be addressed
within the provisions of this chapter, and
b) That the granting of the exception will result in a condition which is materially detrimental to the
public health, safety or welfare by creating a fencing situation which is out of character with the
neighborhood and McClellan Road and create an attractive nuisance for graffitti artists; and
c) That if the exception was granted it would create modifications of the prescribed regulations and
variances that will not accomplish the purposes of the ordinance; and
d) The proposed exception will result in a hazardous condition for vehicular traffic.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence subrr�itted in this
matter, the exception to the fence regulations is hereby denied, as set forth in the Minutes of the
Planning Commission Meeting of November 25, 1996, and are incorporated by reference herein.
Resolution No. 4781 10-EXC-96 November 25, 1996
Page -2-
PASSED AND ADOPTED this 25th day of November, 1996, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Austin, Mahoney and Chairman Roberts
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Doyle and Harris
ATTEST: APPROVED:
r� ����
Ro ert Cowan Paul oberts, Chairman
Director of Community Development Cupertino Planning Commission
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