PC Reso 1584 7-V-76
RESOLUTION NO. 1584
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
411 RECOMMENDING APPROVAL OF A VARIANCE FROM SECTION 10.4
OF ORDINANCE 220(n) REDUCING THE REQUIRED REAR YARD
SETBACK FROM TWENTY (20) TO FIFTEEN (15) FEET FOR A
TWO-STORY BUILDING.
APPLICANT: Kenneth J. and Claudia E. Blackmon
ADDRESS: 1068 November Drive, Cupertino, California 95014
SUBMITTED: September 1, 1976
LOCATION: 22074 Baxley Court (Lot 5 of Tract 5561)
FURTHER FINDINGS :
That the variance application is justified because of the exceptional circum-
stances related to the particular lot in question. Inasmuch as the rear
property line is common to an existing City park, the intent of the setback
for two-story buildings from the privacy intrusion standpoint is in effect
still maintained in view of the adjacent open space area. Additionally,
the location of mature, native trees on the site and the desire of the
applicant for building orientation to provide for future solar energy
possibilities dictate circumstances peculiar to the lot in question that
are not common to other lots within the immediate neighborhood. The lot
configuration as related to the cul-de-sac is not a common cul-de-sac
lot design, andtherefoi.e, dbes represent a physical constraint related
to this particular lot.
® CONDITIONS :
1-14. Standard Conditions to the extent that they do not conflict with the
special 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, as may be
amended by any additional conditions contained herein.
.16. That the requested front yard variance is not approved and the
' applicant shall be required to set back a minimum of 25 ft. as provided
for in the conditions of approval for Application 3-TM-74.
PASSED AND ADOPTED this 29th day of September, 1976, at a regular adjourned
meeting of the Planning Commission of the City of Cupertino, State of California,
by the following roll call vote:
AYES: Commissioners Blaine, Woodward, Chairman Adams
NAYS: Commissioner Koenitzer
ABSTAIN: None
ABSENT: Commissioner Gatto
ATTEST: APPROVED:
•
/sL Victor J. Adams
James H. Sisk Victor J. Adams, Chairman
Planning Director Flaming Commission
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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 detrimental to the
public welfare or injurious to the value of 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) 111
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