Reso 6482 V-2007-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6482 (DENIAL)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A VARIANCE TO ALLOW LOT WIDTHS OF APPROXIMATELY 50 FEET
INSTEAD OF 60 FEET FOR A PROPOSED TWO-PARCEL SUBDIVISION ON 21871
DOLORES AVENUE, AS REQUIRED BY CHAPTER 19.28 OF THE CUPERTINO
MUNICIPAL CODE.
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 meet 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 eareful 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-2007-03, as set forth in the
Minutes of the Planning Commission Meeting of August 28, 2007, and are incorporated by
reference as though fully set forth herein.
Resolution No. 6482 V-2007-03 August 28, 2007
Page -2-
SECTION II: PROTECT DESCRIPTION
Application No.: V-2007-03
Applicant: Tracy Hsu
Location: 21871 Dolores Avenue
SECTION III: CONDITIONS OF APPROVAL
1. APPROVED EXHIBITS
The recommendation of denial is based on the Plan Set titled, "Tentative Map, Lands
of Hsu and Han, 21871 Dolores Avenue, Cupertino, California", received November
15, 2006, except as may be amended by the Conditions contained in this Resolution.
2. SIDEYARD SETBACK
T'he minimum ground floor side yard setbacks along the westerly and easterly
property line shall be 10 feet.
3. DESIGN REVIEW
The design review shall be approved by the City prior to the final recordation of the
map in order to ensure that the homes are designed consistently with the surrounding
homes.
PASSED AND DENIED this 28th day of August 2007, 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, Kaneda
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
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ATTES�mr APPROVED: � �
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`� Steve Piasecki _.L� $�e ,.Chair. .-
Director of Community Development Cupertino Planning Commis ion
G:�Planning�PDREPORT�RES�2,007\V-2007-03 denial res.doc