Reso 41904-V-89
CITY OF CUPERTINO
10300 '11orre Avenue
Cupertino, California 95014
RESOLUrION No. 4190
OF OLE PIANNING OWMISSION OFT11E CITY OF CUPffd`INO
REOM41NDING APPROVAL OF A VARIANCE TO SBMONS 6.4.2 AND
8.4.3 OF ORDINANCE 1449 TO AIUM REDUCTION OF T11E RBQUIRE3)
SIDE YARDS FOR THE SBODND FLOOR OF A SINGLE FAMILY RESIDENCE
SECTION 1: FINDINGS
mumEAS, the Planning Ccmnission of the City of Cupertino has received an
application for a Variance, as described on Page 2 of this Re -solution; and
vnumrAs, the necessary notices have been given in accordance with the
procedural ordinance of the City of Cupertino, and one or more Public
Hearings have been held by the Planning Ccumission; arxi
muRCAS, the Planning Commission finds that the application satisfies the
following criteria:
1) That there are special conditions or exceptional characteristics
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 enforcement of
the Ordinance would result in practical difficulties or
unnecessary hardships.
2) 7hat the grantirxg of the variance action is necessary for the
preservation and enjoyment of substantial property rights.
3) 7hat the Hearing record demonstrates that the granting of the
variance will not have a material, adverse impact upon the health
or safety of persons residing or working in the neighborhood of
the property., Further, the mamier in which the property will be
used subsequent to inplementation of the variance action will not
be materially detrimental to the public welfare or injurious to
the value of property or irprovements located in the the vicinity
of the property affected by said variance.
NOW, THER110RE, BE IT RESOLVED:
miat af ter careful consideration of raps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for variance is
hereby reommw-nded for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
BE IT FUFaHER RESOLVED:
That the subconclusiorLs upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record
concerning Application 4-V-89 as set forth in the Minutes of the Planning
ccumission meeting of August 14, 1989 and are incorporated by reference ag
though fully set forth herein.
Resolution No. 4190 (4-V-89) 0/14/89
Page - 2 -
SMUMON 2: PRa]T-rr DESMUTI
Application No(s) : 4 -V -
Application: Roy and Ifelen Adzich
Property Owner: slum
Location: South side of Granada Ave ue. approgirately 350
m
ft. east of Byrm Avenue
Parcel Area: 5,009 square feet
SECNON 3: COMMONS OF AP
1. APPROVED EXUBITS
Ube reconendation of approval is based on th Site Plan. Floor Plan
and Elevation diagrams (4 sheets) of Application 4-V-89 dated July,
1989, except as may be amended by the conditions contained herein.
2. INGRESS/EGIZESS FASEMENM
The owner shall record an appropriate deed restriction and covenant
running with the land subject to approval of the City Attorney, for
all parcels which share a commn private drive or private roadway
with one or more other parcels. Said deed restriction shall provide
for necessary reciprocal ingress and egress easements to and from
the affected parcels. Said easements shall be recorded at such time
as interest in one or more of the affected parcels is initially sold
or transferred to another party.
3. IOP ORIENrATION
For purposes of defining yard areas, the easterly lot line shall be
deemed the front lot line.
4. MINIMLM SMRY SETBACK
The 19 foot second story building divension appearing on the site
plan shall be reduced to 15 feet; the north side yard second story
setback shall Pe �ncreased to 10 feet.
5. ROOF DESIGN
The roof covering the south side of the building shall be modified
to delete the gable. r1he roof shall slope from the south building
line up to the main ea t/west ridge line. libe stair well can be
accamnodated in the sloped roof line. The intent of the condition is
to reduce building mass as viewed from the south side of the
building.
Resolution No. 4190 (4-V-89) 8/14/89
Page - 3 -
PASSED AND ADOP`1TD this 14th day of August, 1989, at a Regular Meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: COMMISSIONERS: Mackenzie, Sorensen, Szabo
NOES: COMMISSIONERS:
ABSrAIN: COMMISSIONERS:
ABSEWr: COMMISSIONERS: Chairman Adams, Claudy
AWEST:
/s/ Robert Cowan
Robert Cowan
Director of Community Development
peresos\rso4v89
/a/ Nicholas Szabo
Nicholas Szabo, Chairman
Cupertino Planning Conwaission