Reso 4158ft
CITY OF C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RESO=ON NO. 4158
OF THE PLANNING OODMSSION OF THE CITY OF CUPERTINO
RECM24ENDING APPROVAL OF AN EXCEPTION TO ORDINANC2 686
TO ALLM A 6 FT. HIGH RESIDENTIAL FENCE TO ENCROACH
IM A REQUIRED FRONT YARD AREA.
SECTION I.- FINDINGS
wHEREm., the Planning CcMission of the City of Cupertino has received an
application for an Exception, as described on Page 2 of this Resolution;
and
WHEREAS,, 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
MMAS® 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 as conditioned herein will require the. least
modification of prescribed regulations and the minimum variation
that will accomplish the purpose for which the Exception is
sought.
4) 'Ihe Exception,, as conditioned herein,, will not result in a
hazardous condition for pedestrial and vehicular traffic.
NOW, THEREFORE, SE IT RESOLVED-.
That after careful consideration of maps, facts® exhibits and other
evidence sulmutted in this matter, the application for Exception is hereby
approved, and
That the subconclusions upon which the findings and conditio ns specified
in this Resolution are based are contained in the Public Record concerning
Application 2-EXC-89,, as set forth in the Minutes 'Of the Planning
ccmmissum Meeting of May 22, 1989 and are incorporated by reference as
though fully set forth herein.
k,
Resolution No. 4158 2-EXC-89 5/22/89
Page Noo 2
SECTION IIo SUBJECT
Application No(s)e 2-EXC-89
Applicant: U. A. Arden
Property Ownera Jo Rosenthal
location.- Private driveways adiniru rn f-hP-nm+h,--r1 u +-o-v-mi vn,a
Exception from Section 16.28.040 to allow a fence and gate structure in
excess of 3 feet in height within a front yard setback area.
SECTION III: CONDITIONS
to Approved Exhibits
The approval is based on the Exhibit set (4 Shtsa) dated 05/22/89
of Application 2-EXC-89 except as
�p amended b the condition
s
ins
y
contained in this resolution.
20 Fence Height/Setback Limitation
The sub]eat fence shall not emceed six (6) feet in height, and
shall not be located wig the Public UtilityEasement semeYlt adjoining
the margin of the Lindy Lane cul-de-sac.
3. Fire Safety Approval
Priorto installation of the subject improvements, hardware and
materials shall be approved by staff in consultation with the
Central Fire Protection District.
4. Off -Site Improvements
That portion of the proposed fence extending upon the adjoining
Property to the west (APN 356-27-1.6), and depicted upon the
omits referenced in condition 1 above, is not approved.
PASSED AND ADOPIED this 22nd day of May, 1989 at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call
vote:
AYES: CIMMSSIONERS. Claudy, Szabo® Mackenzie, Sorensen
Chairman Adams
NAYS,. SSIONERSo
ABSTAIN: SSIONERSo
ABSENT: COMMISSIONERS e
ATTEST: APPROVED.
/s/ Robert Cowan /s/ Victor Jo Adams
Robert Cowan Victor Jo Adams
Director of amity Development Cup tan® Planning fission
reports\res2exc89