Reso 2574 110 1-V-84 •
RESOLUTION NO. 2574
OF THE PLANNING COMMISSION OF THE CITY OF CUPERT I NO
RECOMMENDING DENIAL OF A VARIANCE FROM SECTION 84. 3
OF THE AGRICULTURAL/RESIDENTIAL ZONING °ORDINANCE
TO PERMIT A 7 FT. SIDE YARD SETBACK IN LIEU OF THE
20 FT. SETBACK REQUIRED BY ORDINANCE.
APPLICANT: Robert H. Fisher
ADDRESS: 1167 DiNapoli Drive, San Jose, California 95129
SUBMITTED: September 5, 1984
LOCATION: 10699 Randy Lane approximately 200 ft. south of
Lucille Avenue •
FINDINGS AND SUBCONCLUS I ONS:
The Planning Commission finds that the Variance is not warranted
based on the following findings:
1 . There are no exceptional or extraordinary circumstances
applying to the property which do not generally apply to
111 other properties in the area.
2. • The granting of the Variance is not necessary to
preserve the property rights of the applicant.
PASSED AND ADOPTED this 8th day of October, 1984, at a regular
meeting of the Planning Commission of the City of Cupertino,
State of California, by the following roll call vote:
AYES: Commissioners Adams, Sorensen and Chairman Claudy
NAYS: Commissioners Mackenzie and Szabo
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
/s/ James H. Sisk /s/ John Claudy •
James H. Sisk John Claudy, Chairman
Planning Director Planning Commission
CITY OF CUPERTINO
City Hall, 10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
THE DENIAL OF A VARIANCE
WHEREAS the Planning Commission of the City of Cupertino received and
application for a VARIANCE, as stated on Page 2, and
WHEREAS the applicant has NOT met the burden of proof required to
support his said application, and
WHEREAS the Planning Commission finds that the application does NOT
meet all of the following requirements:
1. That there are special conditions or exceptional characteristics
in the nature of the property to be affected, or that its location
or surroundings are such as will permit the Commission to make a
determination that literal enforcement of the Ordinance would
result in practical difficulties or unnecessary hardships; and
2. That the granting of the application is necessary for the preservation
and enjoyment of substantial property rights, and
3. That the granting of the application will not materially affect adversely
the health or safety of persons residing or working in the neighborhood
of the property which is the subject of the application, and that the
use of said property in the manner which it is proposed to be used will
not be materially detrimental to the public welfare or injurious to the
value of the property or improvements located in said surroundings.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other
evidence submitted in this matter, the application for the VARIANCE be,
and the same is, hereby NOT recommended for approval to the City Council
of the City of Cupertino; and
BE IT FURTHER RESOLVED:
That the findings quoted above and on Page 2 are approved and adopted,
and the Secretary be, and is hereby, directed to notify the parties
affected by this decision.