PC Reso 1585 6-V-76
RESOLUTION NO. 1585
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL FOR A VARIANCE FROM SECTION 6.12
411 OF ORDINANCE 220(n) REDEFINING THE FRONT PROPERTY LINE
FOR SETBACK PURPOSES OF LOT NO. 11, TRACT 5561, TO BE
THE FRONTAGE ALONG THE MINOR CUL-DE-SAC OF BAXLEY COURT
APPLICANT: Joseph C. and Karen S. Shepela
ADDRESS: 1514 Mallard Way, Sunnyvale, California 94087
SUBMITTED: September 3, 1976
LOCATION: South side of Baxley Ct. approximately 200 ft. westerly of the
intersection of Baxley Court and Linda Vista Drive - 22054
Baxley Court
FURTHER FINDINGS:
The Planning Commission finds that criteria necessary for the granting of
a variance have been fulfilled with respect to the request to orient the
front of the building to the widest lot line facing a public street. These
specific findings are as follows:
1. That there are exceptional or extraordinary circumstances applying
to the land in that an existing curb cut is oriented to the widest
lot line facing a public street which to relocate would be an
unnecessary burden or hardship on the property owner of this parcel.
2. That the granting of this application is necessary for the applicant
to properly preserve and enjoy the substantial property rights without
incurring unnecessary costs.
3. That the granting of this application will not materially affect
adversely the health or safety of persons residing or working in the
neighborhood of the property of the applicant and will not under the
circumstances of this particular case be materially detrimental to
the public welfare or injurious to property or improvements in said
neighborhood.
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, B and B, 1st Revision,
of Application 6-V-76, as may be amended by additional conditions
contained herein.
16. That the requested front yard variance is not approved. 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.
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino , California 95014
(408) 252-4505
411
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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6-V-.7 6
411 Resolution No. 1585 (continued)
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, Koenitzer, Woodward, Chairman Adams
NAYS: None
ABSTAIN: None
ABSENT: Commissioner Gatto
APPROVED:
Victor J. Adams, Chairman
Planning Commission
ATTEST:
411
1>14-LeL-c*/ :
James H. Sisk
Planning Director
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