Reso 41882-V-89
C I T Y 0 F C U P E R T I N 0
10300 Torre Avenue
Cupertino, California 95014
rlj��40M)Mcsim��
OF IME PLAMM CM41SSICK OF THE CITY OF CUPEM240
RECMWDIM DENIAL OF A VARIANCE 70 SECTION 8.2 OF OBD. 1449 70
ALLM AN I14CRUSE IN FLCOR AREA RATIO 70 ACC12t4ODUE AN
ADDITION M AN EXISTM SENME FMMY DWELMn
SEMON 1: FIMI%S
WHEREAS, the Planning C=missicn of the City of Cupertino has received an
application for a Varianoe, as described on Page 2 of this Resolution; ard
WHEREAS, the necessary notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Oumnission
has held at least one Public Hearing an this matter; and
WHEREAS, the Applicant has failed to meet the burden of proof required to
support the application, and has riot satisfied 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
C=%issicn to make a determination that a literal enforcement of
the Ordinance would result in practical difficulties or
unnecessary hardships.
2) 1hat the granting of the Variance is necessary far the
preservation and enjoyment of substantial property rights; and
3) Mmt granting of the Varianoe will not produce a materially
adverse affect upon the health or safety of persons residing or
working in neighborhood of the property which is the subject of
this application, and that the use of said property in the manner
which it is propased will not be materially detrim� to the
public wv-1fare or injurious to the value of the property or
improvenents located in said surroundings.
That after careful consideration of maps, facts, testimony, exhibits and
other evidence submitted in this matter, the application for Variance is
hereby reocmmended for Deiial by the City Council of the City of
Cupertino; and
Resolution No. 4188 (2-V-89) 7/24/89
PWP - 2 -
BE rr FUMUR RE90LVED:
That the suboonclusions upon which the findings and cm-ditiom specified
in this Resolution are based are oontained in the Public Hearing record
corcerning Application 2-V-89 as set forth in the Kinutes of the Planning
Comnissicn meting of JUly 24, 1989 anid are inc='Porated by referenoe as
Uictigh fully set forth herein.
IWO," I
PASSED AND ADOPIM this 24th day of JUly, 1989, at a Regular Meeting of
the Planning Coamission of the City of 04*xtino, State of California, by
the follading roll call vote:
ID 11. 3--i r. a
Isl Robert Cowan
Robert Oowan
Director of Cominity Develcpnent
p=esos\rso2v
Isl Victor Adams
Victor Adams, amirman
04pertino Planning Cconissim