Reso 4041CITY OF C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
OF t- t Ieye i AESSION• M --- OF i- R Ie
APPROVING AN EXCEPTION TO ORDINANCE 686
TO ALLOW A RESIDENTIAL FENCE TO ENCROACH
INTO THE PUBLIC RIGiT—OF—WAY
SECTION I° FINDINGS
WEERREAS, the Planning Commission of the City of Cupertino has received an
application for an Exception, as described on Page 2 of this Resolution;
and
W=AS, the necessary notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and. the Planning Commission
has held one or more Public Hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support the
application, and has satisfied the following requirements:
1) Literal interpretation of the provisions of the Ordinance from which
an Exception has been sought will result in inconsistencies with the
spirit and intent of said Ordinance.
2) Granting of the Exception will not result in a condition which is
materially detrimental to the public health, safety or welfare.
3) The Exception to be granted will require the least modification of
prescribed regulations and the minimum variation that will
accomplish the purpose for which the Exception is sought.
4) The Exception will not result in a hazardous condition for
pedestrian and vehicular traffic.
r ��- • � : _ - _ e - ass
That after careful consideration of maps, facts, exhibits and other
evidence submitted in this matter, the application for Exception is hereby
approved; and
That the subconclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Record concerning
Application 1:EXC-88, as set forth in the Minutes of the Planning
Commission fleeting of March 14, 1988 and are incorporated by reference as
though fully set forth herein.
Resolution No. 4041 (1-EXC-88) 3/14/88
Page -2-
L
SECTION II. DESCRIPTION
Application No 1-EXC-88
Applicant: Martin and Elizabeth Mann
Prosy Owner.- Same
Location: South side of Stevens.Creek Blvd. approximately
100 ft. from Scenic Blvd. at 10037 Scenic Blvd.
The approval is based on Exhibits A of Application 2-EXC-87 except as
may be amended by the conditions contained in this Resolution
20 FENCE HEIGHT S=CK LIY=ATION
The subject fence shall not exceed a height of six (6) feet.
The fence shall maintain a setback of ten (10) feet from the top of
the slope, as generally describe on Exhibit A. Said fence line
setback shall be staked in the field, and shall be subject to
inspection and approval by the City Engineer, prior to construction.
Side extensions of the fence encroachment shall extend parallel to the
i eastern and western property lines as depicted in Exhibit A.
The fence encroachment shall be of an attractive design subject to
staff approval prior to construction, and shall not consist
exclusively of vertical boards; the existing northerly fence along the
subject property is an example of an acceptable construction mode.
3. Upon any adjustment of property lines as depicted in Exhibit A., due
to legal action or other ``cause, approved sideyard fence extensions
shall be moved to reflect change of property boundaries, subject to
staff approval.
Prior to construction of the fence encroachment, the applicant shall
record a covenant running with the land, acceptable to the City
Attorney, providing for removal of said fence frem the public right-
of-way at the property owner's expense., upon reasonable prior notice
that the City intends to reclaim use of said right-of-way for public
purposes.