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Reso 6015 1-DIR-00 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 6015 (Denial) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A REQUEST TO REMOVE A COAST LIVE OAK TREE AT A SINGLE FAMILY RESIDENCE LOCATED AT 10135 SCENIC BOULEVARD SECTION I: PROJECT DESCRIPTION Application No.: 1-DIR-00 Applicant: Myron A. Pugh and Mary K. Graham Location: 10135 Scenic Boulevard SECTION II: FINDINGS � � WHEREAS, the Planning Commission of the City of Cupertino received an application for a tree i removal, as described in this Resolution; and � WHEREAS, the applicant has not met the burden of proof required to support said application; and has not satisfied the following requirement: 1. That the tree can cause potential damage to existing or proposed essential structures, , in that as the tree grows, the shallow root system will impact the adjacent retaining wall. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter,the exception to the fence ordinance is hereby denied; and � That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 1-DIR-00, as set forth in the Minutes of the Planning Commission Meeting of April 10, 2000, and are incorporated by reference herein. � Resolution No. 6015 (Denial) 1-DIR-00 April 10, 2000 Page 2 PASSED AND ADOPTED this lOh day of April, 2000, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Corr, Doyle, Kwok, Stevens and Chairwoman Harris NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: -. , /��� Steve Piasecki Andrea Harris, Chairwoman Director of Community Development Cupertino Planning Commission g:/planning/pdreport/res/1 dir00 ( � ► ' � �