Reso 4147CITY C.
OF CUPERTINO
10300 TORRE
AVENUE
OF THE PLANNING CMUSSION OF THE CITY OF CUPE=O
DMqYING AN EXCEPTION FRCM ORDINANCE NO. 686
SECTION 16.28.040 TO ALLOW A 6 FOOT
FENCE WITHM TIM FRONT SETBACK AREA
SECTION Io FINDINGS
Tn1HEREAS,, the Planning fission of the City of Cupertino has received an
application for an exception,, as described on Page of this Resolution; and
W.HE]R5,, the necessary public 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
`yam o the applicant has failed to meet the burden of proof rimed to
support said application® and has not satisfied the following
requirements;
1) Literal enforcement of the provisions of the Ordinance from which
an Exception is sought will result in restrictions inconsistent
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 requested will rye the leant modification of
prescribed regulations and the minimum variation that will
accomplish the intent of the Exception request;
4) The "proposed Exception will not result in hazardous conditions for
pedestrians and vehicular traffic;
�; ra+��l •• '_. a fro
That after careful consideration of maps,, fads® omits,, testimony and
other evidences. submitted in this matter,, the application for Exception is
hereby denied; and
Tbat the subconclusions upon which the findings specified in this,
Resolution are based are contained in the Public record coning
Application l-EXC-89 as set forth in the Minutes of Planning Commission
MOtng of March 27,, 1989, and are incorporated by reference as though
fully set forth herein.
Resolution No. 4147 (1-EXC-89) 3/27/89
PAGE e 2 e
SECTION II o PROJECT DATA
APPUCAT2ON NO (s) :
APPLICANT:
PROPERTY Off:
LOCATION:
l-EXC-89
Dean. -Quinn Wang
PASSED AND ADOPTED this 27th day of March., 1989., at a regular meeting Of
the Planning fission of the City of Cupertino., State of California, by
the following roll call vote:
AYES: COYmmi:ssioners: Claudy., Mackenzie., Sorensen., Szabo and
Chairman Adams
NAYS*. Commissioners: None
ABSTAIN: Comissioners: None
ABSENT: Commissioners: None
A=T: APPROVED:
RobertZsl .._
Robert Cmian
DmDevelopwmt
RESlEXC89(C1-RESOS)
Isl Victor Adams
Victor Adams,, Chaff
Planning Commission