Reso 6446 V-2007-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
(Denial) RESOLUTION NO. 6446
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A VARIANCE TO ALLOW A 50-FOOT LOT WIDTH, INSTEAD OF THE
REQUIRED 60-FOOT WIDTH, FOT THE TWO PROPOSED PARCE AT 21871 DOLORES
AVENUE.
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 not met the burden of proof required to support the
application, and has not 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 .
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.
3) That granting the Variance will not be detrimental or injurious to property or
improvements in the vicinity 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 denied 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 V-2007-01, as set forth in the
Minutes of the Planning Commission Meeting of January 23 2007, and are incorporated by
reference as though fully set forth herein.
Resolution No. 6446 V-2007-01 January 23, 2007
Page -2-
SECTION II: PROTECT DESCRIPTION
Application No.: V-2007-01
Applicant: Jitka Cymbal
Location: 21871 Dolores Avenue
PASSED AND DENIED this 23rd day of January, 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 Giefer, Miller, Wong
NOES: COMMISSIONERS: Vice Chair Chien
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
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Steve Piasecki Li a i air / '�1 �`
Director of Community Development Cupertino Planning Commission