Reso 41291-V-89
CITY OF CUPERTINO
10300 Tbrre Avenue
Cupertino, California 95014
RESOLUTION NO. 4129
OF MM PLANNING COMMISSION OF ME CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A VARIANCE FOR LOT 4
OF U�ACT 8126 FROM SECTION 10.3 OF
ORDINANCE 1450 TO ALLOW A FRONT SETBACK
DEPTH OF 15 FEET FOR A PORTION OF THE LOT
FRONTAGE, IN LIEU OF 20 FEET REQUIRED
SECTION I: FINDINGS
WHEREAS, the Planning ccmnission of the city of Cupertino 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 ordinances of the City of Cupertino, and one or more Public
Hea ings have bean held by the Planning Commission; and
WHEREAS, the Planning Ccrmission finds that the application meets 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) That the granting of the variance action is necessary for the
preservation and enjoyment of substantial property rights.
3) nmt 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 manner in which the property will be
used subsequent to implementation of the variance action will not
be materially detrimental to the public welfare or injurious to
the value of property or improvements located in the vicinity of
the property affected by said variance.
NOW, TrMUUDRE, BE IT RESOLVED:
Miat after careful consideration of maps, exhibits, facts, testimony and
other evidence submitted in this matter, the application for variance is
hereby recamended for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
RESOLIMON NO. 4129 (1-V-89) 1/23/89
PAGE - 2 -
BE rr =-HER. RESOLVED:
That the subconclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record
concerning Application I -V-89, as set forth in the Minutes of the Planning
CcnurLission Meeting of January 23, 1909 and are incorporated by reference
as though fully set forth herein.
SECUON II: PROJEC!r DATA
Application No(s) 1-V-89
Applicant: Perry and Jones Develomient
Property owner: PeM, and Jones QVel_cpMMt_
Tocation: North side of future Villa Maria Court.
westerly of Rainbow Drivy
Parcel Area 0. 53 Acres
SECTION III: CONDMONS ADMINISTERED BY ME PLANNING DEP
1. APPROVED EXHIBITS
The recommendation of approval is based on variance diagram of
01/23/89 of Application 1-V-89, except as may be amended by the
Conditions contained in the Resolution.
PASSED AND ADOFM THE 23rd day of January, 1989 at a Regular Meeting of
the Planning Commission of the City of C143ertino, State of California, by
the following rail call vote:
AYES: CavMSSIONERS: Claudy, Mackenzie, Szabo, Sorensen and
Chairman Adam
NOES: CCMMISSIONERS:
ABSTAIN: COMMISSIONERS:
A13SENT: COMMISSIONERS:
/s/ Robert Cowan
Robert Cowan
Director, Community Development
resos\reslV89(l)
Isl Victor Adams
Victor Adams, Chairman
Cupertino Planning cammission