Reso 5010 1-V-98
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5010
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A VARIANCE TO ALLOW A NEW SINGLE-FAMILY
RESIDENCE IN AN R-1 (S1NGLE-FAMILY RESIDENTIAL) ZONING
DISTRICT TO EXCEED THE MAXIMUM HEIGHT LIMIT OF 28 FEET
AND ENCROACH ON THE FIRST STORY, FRONT SETBACK OF
20 FEET AND THE SECOND STORY, FRONT SETBACK OF 25 FEET
AND THE SECOND STORY, SIDE SETBACK OF 10 FEET, AND PROVIDE
LESS THAN 4 FUNCTIONALLY INDEPENDENT PARKING SPACES IN
ADDITION TO THE 2 COVERED SPACES AT 22261 MCCLELLAN ROAD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino has received an application for a
Variance, 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 at least one Public Hearing
on this matter; and
WHEREAS, the applicant has meet the burden of proof required to support the application, and has
satisfied the following criteria:
1) That there are extraordinary or exceptional circumstances or conditions applicable to the property
involved that do not apply generally to properties in the same district in that the property is steeply
sloped with slopes exceeding 30%, has a significant number of large, specimen-sized trees and has
limited, safe vehicular access.
2) That granting of the Variance is necessary for the preservation and enjoyment of substantial
property rights of the applicant, and to prevent unreasonable property loss or unnecessary hardship
in that most of the variances are needed for access to the property; and
3) That granting the Variance will not be detrimental or injurious to property or improvements in the
vicinity because most of the house will be obscured by vegetation and elevation below the
roadway, and will not be detrimental to the public health, safety, and general welfare, or
convenience, and to secure the purpose of the title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, testimony, exhibits and other evidence submitted in this
matter, the application for Variance is hereby approved 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 1-V-98, as set forth in the Minutes of the Planning
Resolution No. 5010 1-V-98 February 8, 1999
Page -2-
Commission Meeting of January 11, 1999 and February 8, 1999, and are incorporated by reference as
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 1-V-98
Applicant: Tom McNair
Property Owner: Tom McNair& Jamie Briggs
Location: 22261 McClellan Road
SECTION III: CONDITIONS OF APPROVAL
1. APPROVED EXHIBITS
Approval is based on the plan set titled "McNair Residence" dated 2/4/99 and consisting of 5 sheets
labeled C1, C2, A1, A2 and A3.
PASSED AND ADOPTED THIS 8 day of February 1999, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Kwok, Stevens and Chairman Doyle
NOES: COMMISSIONERS: Harris
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
r
Robert Cowan David Doyle, airm
Director of Community Development Cupertino Planning Commission
G:planning/pdreportlres/r 1 v98