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Reso 6619 DIR-2010-30 CITY OF CUPERTINO " 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6619 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN APPEAL OF A DIRECTOR'S MINOR MODIFICATION ALLOWING PAVING IN THE FRONT YARD OF AN EXISTING DUPLEX FOR THE PURPOSE OF A PARKING SPACE AT 965 & 967 MILLER AVENUE (Recommending Denial of Project) SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an appeal of a Director's Minor Modification application, file no. DIR-2010-30, 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, allowing a vehicle to park in the front setback of the duplex will increase safety hazards for pedestrians and bicyclists; and WHEREAS, there is ample parking on the street; and WHEREAS, there is adequate space on the driveway to turnaround a vehicle without creating an additional turn around; and WHEREAS, allowing the parking stall in the landscaped front setback of the duplex will set an undesirable precedent for the neighborhood; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the appeal of Director's Minor Modification, file no. DIR-2010-30 is hereby recommended for approval; 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 No. DIR-2010- 30 as set forth in the Minutes of the Planning Commission Meeting of December 14, 2010, and are incorporated by reference as though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: DIR-2010-30 (appeal) - Applicant: Ms. Linda Shen-Jung ��= - Property Owner: GLSAA, LLC Location: 965 &967 Miller Avenue PASSED AND APPROVED this 14th day of December 2010, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Brophy, Miller, Giefer NOES: COMMISSIONERS:Vice Chair Lee, Kaneda ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: �` � � . � C� y Paul Brophy, Ch i� �i�lanner Cupertino Pla Co ssion G/planning/pdreport,/res/2010/DIR-2010-30 res appeal.doc 2