Reso 41853-EYC-89
CITY OF CUPERT I N O
10300 TORRE AVENUE
CUPERTINO, CA 95014
RESOLUTION NO. 4185
OF PIANNING COiY11ISSION OF THE CITY OF CUPERTINO
DENYING AN EXCEPTION TO ORDINANCE
686, SECTION 16 0 28 a 040 e 2 TO ALLOW AN,ENCROACHMENT
INTO A REQUIREDSIDE YARD SEI'EACK
SECTION Io FINDINGS
M1 S, the Planning Ceam fission of the City of Cupertino has received an
application for an exceptions as described on Page of this Resolution® and
VQQfjJHRFA.S, the necessary I public : notices have been given in accordance with
.the Procedural ' Ordinance of the City of Cupertino, and the Planning
Cemunission has held one or more Public Bearings on.:this.matter; and
Tn7E=AS1 the applicant has failed to meet the burden of proof required to
support said application, _ and has not satisfied the following
requirements o
which
° ordinance from
t of the provisions of the O s
1 Literal enforce
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
naterially detrimental to the public health, safety or welfare..
3) The Exception requested will require the least modification of
prescribes regulations` and the minumm variation that will
ac coirplish the intent of the Exception request.
4) The proms Exception will not result in hazardous conditions
for pedestrians and vehicular traffic.
NOW, THEREFORE, BE IT RESOLVED.
That after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Exception is
hereby denied; and
BE IT FUM ER RESOLVED.
That the subconclusions upon, which the findings specified in this
Resolution are based are contained in the Public Record concern
Application 3-EXC-89 as set forth in the Minutes of Planning C=nission
Meeting of July 24, 1989 and are incorporated by reference as though fully
set forth herein.,
y RESO=ON NO. 4185 (3-EYC-89) 7/24/89
PAGE - 2 e
SECTION II: PRO= DATA
APPLICATION NO. 3-EXC-89
APPLICANTo Darrell Kettner
PROP= OWNER: Darrell.Kettner
LOCATION: Southwest corner of Lynton Cta and Farralone Dr.
PASSED AND ADOPIM this 24th day of July, 1989, at a regular meeting of
the Planning Cc mtission of the City of CUpertino, State of California, by
the following roll call vote:
AYES: SSIONERSo
KAYS o OMMSSIONERS Mackenize o' Szabo® Sorosen, Chairman Adams
ABSTAIN: C oIvMSSIONERS o
ABS=o COYMSSION.ERSo Claudy
ATI'E *o APPROVED o
/s/ Robert Cowan /s/ Victor Adams
Robert Cowan, Director. Victor Adams, Chairman
Ca munity Development Planning Ommuission
RES3EXC DEN (PcREsoS)