PC Reso 1595 8-V-76
RESOLUTION NO. 1595
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
® RECOMMENDING DENIAL OF VARIANCE REQUEST FROM ORDINANCE
002(q) , SECTION 3.3, TO PERMIT REQUIRED PARKING TO BE
LOCATED IN THE FRONT SETBACK AREA.
APPLICANT: George King and James Berry •
ADDRESS: 10350 South De Anza Blvd. , Cupertino, California 95014
SUBMITTED: September 17, 1976
LOCATION: East 3ide of Alpine Drive opposite Oasis Court , Lot K, Tract 2769,
La Cresta Unit 2.
FURTHER FINDINGS :
1. The applicants failed to meet the requirements set forth by law for the
granting of a variance.
PASSED AND ADOPTED this llth ''day of.October, 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 Blaine, Koenitzer, Woodward, Chairman Adams
NAYS : Commissioner Gatto
ABSTAIN: None
ABSENT: None
APPROVED:
v
/s/ Victor J. Adams
Victor J. Adams, Chairman
Planning Commission
ATTEST:
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James H. Sisk
Planning Director
411
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CITY OF CUPERTINO
City Hall , 10300 Torre Avenue
Cupertino, California 95014
Telephones ( 408) 252-4505 •
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF , CUPERTINO
RECOMMENDING THE DENIAL OF A VARIANCE
WHEREAS the Planning Commission of the City of Cupertino re-
ceived an application for a VARIANCE , as stated on Page 2 , and
WHEREAS the applicant has NOT met the burden of proof required
to support his said application, and
WHEREAS the Planning Commission finds that the application does
NOT meet all of the following requirements :
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 per-
mit the Commission tuo make a determination that a literal
enforcement of the rdinance 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 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 which it is proposed to be used
will not be materially detrimental to the public welfare
or injurious to the value of the 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 NOT recommended for
approval to the City Council of the City of Cupertino; and
BE IT FURTHER RESOLVED :
That the findings quoted above and on Page 2 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) 410
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