Reso 2624 1-V-85
RESOLUTION NO. 2624
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF A VARIANCE FROM SECTION 8.3. 1
AND 8.3.2 OF THE ZONING ORDINANCE TO PERMIT A 4 FT.
6 IN. SETBACK IN LIEU OF A 5 FT. SETBACK REQUIRED FOR
A SINGLE STORY ELEMENT AND A 4 FT. 6. IN. SETBACK IN
LIEU OF 10 FT. SETBACK REQUIRED FOR A SECOND STORY
ELEMENT.
APPLICANT: Thomas Lesondak
ADDRESS:. 22309 Stevens Creek Boulevard,
Cupertino, California 95014
SUBMITTED: March 14, 1985
LOCATION: North side of Stevens Creek Boulevard approximately
400 ft. east of Janice Avenue
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FINDINGS AND SUBCONCLUSIONS:
The Planning Commission finds that the application does not
satisfy necessary criteria for approval of a variance. •
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PASSED AND ADOPTED this 8th day of April , 1985, 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, Szabo and Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: Commissioner Mackenzie
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ATTEST: APPROVED:
—Lsl_RPhart L.doha.c aucty
Robert Cowan John Claudy, Chairman
Assistant 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 the111
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.