Reso 42083-V-89
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOIJJTION No. 4208
OF THE PLANNING CMUSSION OF 111E CITY OF CIJPERr=
REO"ENDING DENIAL OF A VARIANCETO SECTION 10.6.2 OF
ORDINANCE 1450 TO EXCEED '111E 20 Four HInGur m4imicN
FOR A STRUCAM TO BE IJOCATED ADJACENT TO A PF"MTENr RIDGELINE
SE=ON 1. FINDINGS
WHEREAS, the Planning Commission of the city of Cupertino has received an
application for a Variance, as described on Page 2 of this Resolution; and
WHEREAS, 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 one Public Hearirx3 on this matter; and
MOWAS, the Applicant has failed to meet the burden of proof required to
support the application, and has not satisfied the following criteria:
1) 1hat 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.
NOW, THEREFORE, BE IT RESOLVED
That after careful consideration of maps, facts, testimony, exhibits and
other evidence submitted in this matter, the application for Variance is
hereby recaumended for Denial by the City Council of the City of
Cupertino; and
BE IT FUFTHER RESOI.VED:
That the subconclusions upon which the findings specified in this
Resolution are based are contained in the Public Hearinig record concerning
Application 3-V-89, as set forth in the Minutes of the Planning Commission
Meeting of September 1:1, 1989, and are irxmrporated by reference as though
fully set forth herein.
Resolution No. 4208 (3-V-89)
Page -2-
Application No(s): 3-V-89
Applicant, Mebdt N—aderzad
Property owner: Same
Location: 21620 RainboW DrjW
Parcel Acres: .71
9/11/69
VARIANCE to section 10.6.2 of Ord. 1450 to exceed the 20 ft. building
height limitation for a structure to be located adjacent to a
prominent ridgeline.
PASSED AND ADOPTED this 11th day of September, 1989 at a Ptegular Meeting
of the Planning C=ntission of the city of Cupertino by the following roll
call vote:
AYES: CCHMISSICNERS: Claudy, Mackenzie, Chairman Adams
NOES: CCHMISSIONERS: Sorensen, Szabo
ABSTAIN: CCHMLSSIONERS: None
ABSERr: COMMISSIONERS: None
Isl Robert Cbwan
Robert Cowan
Director of Planning
peresos\rso3v
Isl Victor Adams
Victor Adams, Chairman
OA)ertino Planning Camtission