Reso 42325-V-89
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUMON No. 4232
OF THE PLANNINGS COMMISSION OF MIC CITY OF CUPEMTNO
DENYING A VARIANCE TO THE- FOLLOWING
SECTIONS OF ORDINANCE 1449: SECTION 8.3.1(B) 110 ALLOW
REDUCTION OF FRONT YARD F'1RST FIOOR SEITACK FMM 15' 10 10'
MR A LOT WITH A CURM DRIVEWAY; SBMON 8.4.1 '110 REDUCE ME
SECOND STORY FRONT SEIMCK FROM 251 M 161; SECTION 8.2 TO
INCREASE THE FLOOR AREA RATIO FROM .45 TO .50
VIUMEAS, the Planning Camnission of the City of Cupertino has received an
application for a Variance, as described on Page 2 of this Resolution; and
WHEREAS, the necessny public notices have been given in accordance with
the Procedural Ordinance of the City of Cupertino, and the Planning
Commission has held at least one Public Hearing on this matter; and
WHEREAS, 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
Ccumission 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.
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 it is proposed will not be naterially 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 xmps, facts, testimony, exhibits and
other evidence submitted in this matter, the application for Variance is
hereby re=mnended for Denial by the City Council of the City Of
Cupertino; and
Resolution No, 4232 (5-V-89) 12/11/89
Page - 2
BE rr FUMIER RE90LVED:
111hat the suba=lusions upon which the findings specified in this
Resolution are based are contained in the Public Hearing record concerning
Application 5-V-89, as set forth in the Minutes of the Planning CmTmLssion
Meeting of DeceWDer 11, 1939, and are incorporated by reference as though
fully set forth herein.
II. PROJECT IDM9=
Application No(s): 5-V-89
Applicant: Steve 110
Property owner: Stew go
Location: 21896 Granada Avenue
Parcel Area: 5,820 gq. ft.
PASSED AND ADOPM this 11th day of December, 1989 at a Regular Meeting of
the Planning Comnission of the City of Cupertino by the following roll
call vote:
AYES: 001IMSSICNERS: Claudy, Blaine, Madtenzie, Chr. Adams
NOES: OU-MSSIONERS: None
ABSrA3:N: OCHMSSIONERS: None
ABSEffr: OCt-MSSICNERS: None
ATrEST: APPROVED:
/s/ Robert Cowan /a/ Victor Adams
Robert Cowan Victor Adams, Chairman
Director of C=nmity Development ojpertino Planning comission
peresos\5vdenial