Reso 4900 3-EXC-98
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4900
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A FENCE EXCEPTION TO LOCATE A 6 FOOT
FENCE AND AN 8'/2 FOOT TRELLIS WITHIN THE 20 FOOT SETBACK.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Exception, as described in Section II. 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 one or more public
hearings on this matter; and
WHEREAS, the applicant has not met the burden of proof required to support said application;
and has not satisfied the following requirements:
1) The literal enforcement of the provisions of this chapter will not result in restrictions
inconsistent with the spirit and intent of this ordinance.
2) The granting of the exception will result in a condition which is materially detrimental to the
public health, safety or welfare.
3) The exception to be granted is one that will not require the least modification of the
prescribed regulation and the minimum variance that will accomplish the purpose.
4) The proposed exception will result in a hazardous condition for pedestrian and vehicular
traffic.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, e�ibits, testimony and other evidence submitted in
this matter, the application for Exception is hereby approved, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings and conditions specified in this resolution are
based and contained in the public hearing record concerning Application No. 3-EXC-98, as set
forth in the Minutes of the Planning Commission Meeting of March 9, 1998, and are
� incorporated by reference though fully set forth herein.
Resolution No. 4900 3-EXC-98 March 9, 1998
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No.: 3-EXC-98
Applicant: Wayne Kikuchi
Property Owner: Preston Oka
Location: 1341 Aster Lane
SECTION I: APPROVED EXHIBITS
Approval of exhibits is based on Site Plan Sheet 1, dated January 26, 1997, Sheet 2, dated
November 6, 1997, and Elevations Sheet 6, dated November 6, 1997.
PASSED AND ADOPTED this 9th day of March, 1998, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Austin, Harris, Mahoney, Stevens
NOES: COMMISSIONERS: Doyle
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Robert S. Cowan Donna Austin, Chairwoman
Director of Community Development Cupertino Planning Commission
g: /pdreport/res/r3 exc98 a
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