Reso 6444 EXC-2006-14
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
(Denial) RESOLUTION NO. 6444
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO TO
DENY THE REQUEST OF 5-FOOT SIDE YARD SETBACKS, INSTEAD OF
THE REQUIRED COMBINED 15 FEET AT 21871 DOLORES AVENUE
SECTION I: PROTECT DESCRIPTION
Application No.: EXG2006-14
Applicant: Jitka Cymbal
Location: 21871 DOLORES AVENUE
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an applicafion
for 5-foot side yard setbacks, as described in this Resolution; and
WHEREAS, the Planning Commission finds the following with regards to this
application:
1. Literal Enforcement of the provisions of this chapter will result in restrictions
inconsistent with the spirit and intent of this chapter
2. The granting of the exception will result in a condition which is materially
detrimental to the public health, safety, or welfare
3. The proposed exception will result in significant visual impact as viewed from
abutting properties
4. That the exceptions to be granted are not ones that will require the least
modification of the prescribed regulations and the minimum variance that will
accomplish the purpose.
That the subconclusions upon which the findings specified in this Resolution are based
and contained in the Public Hearing record concerning Application EXC-2006-14, as set
forth in the Minutes of the Planning Commission Meeting of January 23, 2007 and are
incorporated by reference herein.
Resolution No. 6444 EXC-2006-14 January 23,2007
Page 2
PASSED AND DENIED this 23rd day of January 2007, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair person Giefer, Miller, Wong
NOES: COMMISSIONERS: Vice Chair Chien
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVE •
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, '; :
Stev Piasecki L G er, C� pe
Director of Community Development uper ' o Planning ission