PC Reso 1538 1-V-76
RESOLUTION NO. 1538
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
,- Ill RECOMMENDING THE APPROVAL OF AN APPLICATION FOR VARIANCE
FROM ORDINANCE 686 TO EXTEND HEIGHT OF FENCE FROM EIGHT
FEET TO TEN FEET.
APPLICANT: . Robert G. Merrick and Letha M. .Merrick
ADDRESS : 10377 Vista Knoll Blvd. , Cupertino, California 95014
SUBMITTED: April 2, 1976
LOCATION: Easterly and adjacent to Hillcrest Rd. approximately 350 ft.
northerly of the intersection of Hillcrest Rd.. and Crescent Rd.
FURTHER FINDINGS :
1. The Commission finds the variance request to be justified because the
proposed fence height increase associated with the tennis court will
not be detrimental to the enjoyment of and value of adjoining property.
e
2. The tennis court and associated fencing requirements represent a unique
use requiring special dimensions and-sun-angle orientation.
CONDITIONS : •
1-14. Standard Conditions to the extent that they do not conflict with the
I . itspecial conditions enumerated herein. In the event a conflict does
exist, the special conditions as enumerated herein shall apply.
15. That the approval is based upon Exhibit A, 1st Revision, and B of
1-V-76, as may be amended by conditions contained herein.
16. That the tennis courts shall be constructed concurrent with or
after corstruction of. a single-family house on the property.
17. That night lighting for tennis courts shall be installed with
appropriate shielding devices to eliminate light .spillover into
adjoining neighborhoods. The hours of operation for the night
tennis courts shall be limited to 11:00 p.m.
PASSED AND ADOPTED this 24th day of May, 1976, at a regular meeting of the
Planning Commission, City of Cupertino, State of California, by the following
roll call vote:
AYES : Commissioners Cooper, Gatto, Koenitzer, Woodward, Chairman Adams
NAYS : None
ABSTAIN: None
ABSENT: None
® ATTEST: APPROVED:
CCWeAAA /s/ Victor J. Adams
Robert Cowan Victor J. Adams, Chairman
Assistant Planning Director Planning Commission
-2-
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino , California 95014
(408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE GRANTING OF A VARIANCE
WHEREAS the Planning Commission of the City of Cupertino received
an application for a Variance , as stated on Page 2 ; and
WHEREAS the applicant has met the burden of proof required to sup-
port his said application ; and
WHEREAS the application shows :
1 . That there are special conditions or exceptional character-
istics in the nature of the property to be affected , or that
its location or its surroundings are such as will permit the
Commission to make a determination that a literal enforce-
ment of the Ordinance would result in practical difficulties
or unnecessary hardships ; and
2 . That the granting of the application is necessary for the
preservation and enjoyment of substantial property rights ;
and
3 . That the hearings show that the granting of the application
will not materially affect adversely the health or safety
of persons residing or working in the neighborhood of the •
property which is the subject of the application, and that
the use of said property in the manner in which it is pro-
posed to be used will not be materially.idetrimental to the
public welfare or injurious to the value o.f property or
improvements located in said surroundings ;
NOW, THEREFORE , BE IT RESOLVED :
That after careful consideration of maps , facts , exhibits and
other evidence submitted in this matter, the application for the
Variance be , and the same is , hereby recommended for approval to
the City Council of the City of Cupertino for appropriate action ,
subject to the conditions stated on Page 2 ; and
BE IT FURTHER RESOLVED :
That the aforementioned findings are approved and: adopted, and
that the Secretary be , and is hereby , directed to notify the
parties affected by this decision .
(Continued on Page 2)
-1-