Reso 42190
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g- 4 EXC-89
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4219
OF THE PLANNING M4MISSION OF THE CITY OF CUPER INO
APPROVING AN EXCEPTION TO ORDINANCE 686
TO ALLOW PIACR4ENT OF A FENCE ON THE STREET SIDE OF A CORNER
LOT CLOSER THAN FIVE (5) FEET TO THE PROPERTY IJNE
SECTION I e FIN)INGs
WHEREAS, the Planning Cemmnission of the City of Cupertino has received an
application for an Exception, as described on Page 2 of this Resolutions
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
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 ice.
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) The Exception, as conditioned herein, will not result in a
hazardous condition for pedestrial and vehicular traffic.
NOW, THEREFORE! BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other
evidence submitted in this matter, the application for Exception ,is hereby
approved, and
BE IT FURTHER RESOLVED,
That the subconclusions upon which the findings. and conditions specified
this Resolution .are based are contained in the Public Record concerning
Application 44E C-89, as set forth in the Minutes of the Planning
cotmnissum .Nteeting of November 13, 1989 and are incorporated by reference
as though fully set forth herein.
I
Resolution No. 421.9 (4-EXC-189 11/13/89
s Page-2-
SECTION II ° SUBJECT
Application No(s)o 4-EXC-89
Applicant: Mark Rathert
Property Owner: Mark and IZat12y Rathert
Location. Southeast corner of Las Ondas Ct° and Las Ondas Kgy
.Exception to Section 16°28°040(2) of Ordinance 686 to allow placement of a
fence on the street side of a corner lot closer than five (5) feet to the
property line.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEP.ARTME NT
1° Approved Exhibits
The Exception Approval is based on the Plan Set (2 pages) contained in
Application 4-EXC-89°
PASSED AND ADOPTED this 13th day of November, 1989 at a Regular Meeting of
the Planning Cca mission of the City of Cupertino by the following roll
call vote.
AYES: COMMISSIONERS., Mackenzie, Sorensen® Szabo® Chairman Adams
NAYS: SSIONERS:
ABSTAIN: SSIONERSo
ABSENT. COMMISSIONERS. Claudy
ATTEST:
/s/ Robert Cowan
Robert Cowan
Director of Comm ity Development
Victor J. Adams
Victor J. Adams
Cupertino Planning Caranission