Reso 40531-V-88
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLL1TION No. 4053
OF THE PLANNING CCHMISSION OF THE CITY OF CUPERTINO
REO"ENDING DENIAL OF A VARIANCE MCM SECTION 8.3.2(b) OF
ORDINANCE 1374 TO REDUCE A R1XVIRED 2ND STORY SIDE SEMCK
FRCM TWENTY (20) FEET TO FIFrEEN (15) FEET
SECTION I:
wHEREAs, the Planning ocomission of the City of Cupertino has received an
application for a Variance, as described on Page 2 of this Resolution; and
wHEmks, the necessary public notices have been given in accordance with
the Procedural ordinance of the city of Cupertino, and the Planning
commission has held at least am Public Hearing on this matter; and
wHEFmAs, the Applicant has failed to meet the burden of proof required to
support the application, and has not satisfied the following criteria:
1) That there are special conditions or exceptional characteristics in
the nature of the property affected by the application, or that its
location or surroundings are such as will permit the Commission to
make a determination that literal enforcement of the Ordinance would
result in practical difficulties or unnecessary hardships; and
2) That granting of the Variance is necessary for the preservation and
enjoyment of substantial property rights; and
3) That granting of the Variance will not produce a materially adverse
affect upon the health or safety of persons residing or working in
the neighborhood of the property which is the subject of this
application, and that the use of said property in the manner which
is proposed will not be materially detrimental to the public welfare
or injurious to the value of the property or iupravements located in
said surroundings -
NOW, THEREFM, BE IT RESOLVED
That after careful consideration of maps, facts, testimony, exhibits and
otlier evidence submitted in this matter, the application for Variance is
hereby recanTended for Denial by the city council of the City of
Cupertino; and
BE IT FURIHER RESOLVED:
That the subconclusions upon which the findings specified in this
Resolution are based are contained in the Public Hearing record concerning
Application 1-V-88, as set forth in the Minutes of the Planning coamission
meeting of May 9, 1988 and are incorporated by reference as though fully
set forth herein.