PC Reso 1570 4-V-76
RESOLUTION NO, 1570
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A VARIANCE FROM SECTION 10.2
O OF ORDINANCE 575 REDUCING THE REQUIRED FRONT SETBACK
AREA FROM TWENTY (20) TO FIFTEEN (15) FEET AND FROM
SECTION 10.4 REDUCING THE REQUIRED REAR SETBACK FROM
• TWENTY (20) FEET TO FIFTEEN (15) FEET AND REDUCING
THE REQUIRED USABLE REAR YARD AREA FROM 850 SQ. FT.
TO 560 SQ. FT.
APPLICANT: Thomas B. Maybo
ADDRESS: 10401 Cherry Tree Lane, Cupertino, California 95014
SUBMITILD: July 1, 1976
LOCATION: Southerly of and adjacent to Rodrigues Avenue immediately adjacent
to Rodrigues Avenue immediately adjacent to and easterly of
City Hall
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
exist, the special conditions as enumerated herein shall apply.
15. That the approval is based upon Exhibit A, 1st Revision, of 4-V-76,
except as modified byspecial conditions contained herein.
P
PASSED AND ADOPTED this 23rd day of August, 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 Gatto, Koenitzer, Woodward, Chairman Adams
NAYS: None •
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
/s/ Victor J. Adams
awes H. Sisk "Victor J. Adams, Chairman
Planning Director Planning Commission
410
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino , California 95014
(408) 252-4505 110
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 con
sideration 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) i
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