PC Reso 1483375
RESOLUTION NO. 1483
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
REC01,2 ENDING DENIAL OF A VARIANCE . FROM ORDINANCE: 220 (n)
SECTION1003 TO REDUCE THE REQUIRED SIDE YARD SETBACK OF
A TWO-STORY STRUCTURE FROM NINE (9) FEET TO SIX (6) FEET.
APPLICANT o Joseph F. and. Ann Rm do
ADDRESS 10463 Noel Avenue, Cupertino, California 95014
SUBMITTED: ,November 20, 1975
LOCATION: 10463 Noel Avenue (Somerset Square No. 2)
ZONE: R -7e5. (Residential, single --family, 7,500 sq. ft. per dwelling unit)
ACREAGE,., .23 Acre
FURTHER FINDINGS
1. The Commission finds that the application does not comply with the necessary
criteria for approval of a variance, particularly Section. 7 e 4 (a) pertaining
to exceptional or extraordinary circumstances or conditions.applying to the
laud, building or use.:
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PASSED AND ADOPTED this 22nd day of December`, 1975, at a, regular meeting of
the"Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: Commissioners Adams, Cooper_, O�Keefe, Chairman Gatto
DAYS° None
ABSTAIN None
ABSENT- Commissioner Woodward
ATTEST: APPROVED.*.
/s/ John M. Gatto
James Ha Sisk John M. Gatto, Chairman
Planning Director Planning Commission
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C I T Y O F C U P E R T I N 0
City Hall, 10300 Tor r(_ Avenue
Cupertino, California 95014
Telephone: 1408) 252-4505
RESOLUTION OF THE PLAN14ING COMMISSION OF THE CITY OF,CUPERTINO
RECOMMENDING THE DENIAL OF A VARIANCE
WHEREAS the Planning Commission of the City of Cupertino re-
ceived an application for a VARIANCE, as stated on Page 2, and
WHEREAS the applicant has NOT met the burden of proof required
to support his said application, and
WHEREAS the Planning Commission finds that the application does
NOT meet all of the following requirements:
1. That there are special conditions or exceptional character-
istics in the nature of the property to be affected, or
that its location or its surroundings are such as will per-
mit the Commission tuo make a determination that a literal
enforcement of the rdinance would result in practical
difficulties or unnecessary hardships; and
2. That the granting of the application is necessary for the
preservation and enjoyment of substantial property rights,
and
3. That the granting of the application will not materially
affect adversely the health or safety of persons residing
or working in the neighborhood of the property which is
the subject of the application, and that the use of said
property in the manner which it is proposed to be Used
will not be materially detrimental to the public %,,;elfare
or injurious to the value of the property or improvements
located in said surroundinos.
NOW, THEREFORE, 3E IT RESOLVED:
That after careful consideration of maps, facts, exhibits and
other evidence submitted in this matter, the application for
the VARIANCE be, and the same is, hereby NOT recommended for
approval to the City Council of the City of Cupertino; and
6E IT FURTHER RESOLVED:
That the findings quoted above and on Page 2 are approved and
adopted, and that the Secretary be, and is hereby, directed
to notify the parties affected by this decision.
(Continued on Page 2)