Reso 6048 O1-V-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6048 (Denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A VARIANCE TO ALLOW AN ARRAY OF 16 PANEL ANTENNAE
TO BE ERECTED ON RESIDENTIALLY ZONED PROPERTY, (R1-10), WHEN A
150 FOOT SETBACK IS REQUIRED FROM A RESIDENTIALLY ZONED
PROPERTY L1NE BEHIND 10590 STOKES AVENUE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Variance,
as described on Section II. of this Resolution; and
WHEREAS, the necessary 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 Planning Commission finds that the applicant has failed to meet the burden of proof
required to support this application, and has not met the following findings in order to grant the
variance:
1) That there are exceptional or extraordinary circumstances or condition applying to the land,
building or use referred to in the application, which circumstances or conditions do not apply
generally to land, buildings and/or uses in the same district. The existing condition and
development of the land is not exceptional or extraordinary as there are numerous other lattice
towers situated on other R-1 zoned properties;
2) That the granting of the application is necessary for the preservation and enjoyment of substantial
property rights of the petitioner. The petitioner has access to numerous lattice towers and lands
owned by Pacific, Gas and Electric in the vicinity of the site. Some in visually superior areas that
have less impact on residents and where the applicant may enjoy its exercise of property rights in
conformance with City regulations.
3) That the granting of such application will not, under the circumstances of the particular case,
� materially affect adversely the health or safety of persons residing or working in the neighborhood
of the property of the applicant and will not, under the circumstances of the particular case, be
materially detrimental to the public welfare or injurious to property or improvements in said
neighborhood. The project given its physical context and location cannot mitigate its negative
visual impact on a wide area of the neighborhood.
Resolution No. 6048 (Denial) O1-V-00 August 14, 2000
Page-2-
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for variance is hereby denied, by the Planning Commission of the City of
Cupertino.
That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the Public Hearing record concerning Application O1-V-00 as set forth in the Minutes
of the Planning Commission Meeting of August 14, 2000 and are incorporated by reference though
fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: Ol-V-00
Applicant: Whalen& Company (Metricom)
Property Owner: Pacific Gas & Electric Company
Location: To the rear of 10590 Stokes Avenue
PASSED AND ADOPTED this 14th day of August, 2000, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Corr, Doyle, Kwok, Stevens and Chair Harris
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST APPROVED:
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Steve iasecki Andrea Harris, Chair
Director of Community Development Cupertino Planning Commission
g/planning/pdreport/res/res01 v00