PC Reso 1566 5-V-76
RESOLUTION NO. 1566
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
110 RECOMMENDING THE APPROVAL OF A VARIANCE FROM SECTION
10.3 OF ORDINANCE NO. 220(n) TO ALLOW REDUCTION OF
REQUIRED SIDE YARD SETBACK FROM TWELVE (12) FEET TO
ONE AND ONE-HALF (1.5) FEET SO AS TO ALLOW THE CON-
STRUCTION OF A SIX (6) FT. FENCE WITHIN 1.5 FT. OF
THE SIDE PROPERTY LINE.
APPLICANT: Wayne Levenfeld
ADDRESS: 10120 Phar Lap Dr. , Cupertino, California 95014
SUBMITTED: July 16, 1976
LOCATION: Within the southwest corner of Phar Lap Drive and Oakdell Place
FURTHER FINDINGS:
The existence of a large oak tree on the property represents an extraordinary
circumstance relating to the petitioner's property and the granting of the
variance will not detrimentally affect neighboring property owners or the
general public.
CONDITIONS :
1-14. Standard Conditions
41) 15. That this approval is based on Exhibit A, except as modified by
special conditions contained herein.
PASSED AND ADOPTED this 9th 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 Cooper, Woodward, Chairman Adams
NAYS: None
ABSTAIN: Commissioner Koenitzer
ABSENT: Commissioner Gatto
APPROVED:
/s/ Victor J. Adams
Victor J. Adams, Chairman
Planning Commission
ATTEST:
Robert Cowan
Assistant Planning Director
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino , California 95014
(408) 252-4505 410
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) •
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