PC Reso 1558 4-V-76
RESOLUTION NO. 1558
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
S RECOMMENDING THE APPROVAL OF A VARIANCE FROM SECTION
10.2 OF ORDINANCE NO. 575 TO PERMIT A REDUCTION IN
THE REQUIRED FRONT SETBACK AREA FROM TWENTY (20)
FEET TO TEN (10) FEET.
APPLICANT: Thomas B. Maybo
ADDRESS: 10401 Cherry Tree Lane, Cupertino, California 95014
SUBMITTED: July 1, 1976
LOCATION: Southerly and adjacent to Rodrigues Ave. immediately east of
Civic Center and adjacent to Regnart Creek drainage channel
of the Santa Clara Valley Water District
FURTHER FINDINGS:
The variance application is justified because the unusual triangular config-
uration of the parcel, which was created by a City-initiated realignment of
Rodrigues Avenue, severely limits building design flexibility.
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
110 exist, the special conditions as enumerated herein shall apply.
15. That the approval is based upon Exhibit A of 4-V-76, as modified to'
reflect a 2.5 ft. shift of the duplex building to the east to create
a twenty (20) ft. driveway parking apron measured between face of
garage door and the front property line of the easterlymbst dwelling
unit.
PASSED AND ADOPTED this 26th day of July, 1976, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: Commissioners Koenitzer, Woodward, Chairman Adams
NAYS: None
ABSTAIN: None
ABSENT: Commissioner Cooper, Gatto
ATTEST: APPROVED:
ZAZt (2.01,044A /s/ Victor J. Adams
Robert Cowan Victor J. Adams, Chairman
AllAssistant Planning Director Planning 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) 411
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