Reso 2743 2-V-85 "J
RESOLUTION NO. 2743
411 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A VARIANCE FROM ORDINANCE
NO. 1240 TO ALLOW A SINGLE-FAMILY HOME TO ENCROACH
INTO THE REQUIRED SETBACK AREA.
APPLICANT: Roger D. Anderson
ADDRESS: 7933 October Way, Cupertino, CA 95014
SUBMITTED: November 8, 1985
LOCATION: Northwest intersection of Stevens Creek Boulevard and
Cupertino Road
FINDINGS AND SUBODNCLUSIONS:
Approval is subject to the findings as set forth on Page 1 and the
subconclusions as set forth in the minutes of the Planning Commission
meeting of December 9, 1985, and the specific findings listed below.
CONDITIONS:
1-15. STANDARD CONDITIONS
Standard Conditions to the extent that they do not conflict with
the special conditions enumerated herein. In the event a conflict
does exist, the special conditions as enumerated herein shall
apply.
Ilk 16. APPROVED EXHIBITS
That the recommendation of approval is based on Exhibits A, B,
and B 1st Revision of Application 2-V-85, except as may be
amended by special conditions enumerated herein.
17. NEVE FENCE
Applicant is to move the fence adjoining his southeast property
line out of the Stevens Creek Boulevard Right-of-Way at the
applicant's expense before building permits are issued.
18. EXHIBIT A
This variance is based on the accuracy of the lot lines,
necessary street dedications and building placement per Exhibit A
of this application. Inconsistencies or variations from the
above may invalidate this variance approval.
19. DEMOLITION REQUIREMENT
The applicant shall assume the responsibility to obtain all
required demolition permits in accordance with City Ordinances
before issuance of building permits.
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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 GRANTING OF A VARIANCE
WHEREAS the Planning Commission of the City of Cueprtino received
an application for a Variance , as stated on Page 2; and
WHEREAS the applicant has met the burden of proof required to
support his said application; and
WHEREAS the application shows ;
1. That there arespecial conditions or exceptional character-
istics in the nature of the property to be affected , or
that its location or its surroundings are such as will
permit the Commission to make a determination that a 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 411
preservation and enjoyment of substantial property rights ;
and
3 . That the hearings show 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 in which it is pro-
posed to be used will not be materially detrimental to the
public welfare or injurious to the value of property or
improvements located in said surroundigns ;
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 recommended for approval to
the City Council of the City of Cupertino for appropriate action ,
subject to the conditions stated on Page 2; and
BE IT FURTHER RESOLVED:
That the aforementioned findings are approved and adopted, and
that the Secretary be , and is hereby, directed to notify the
parties affected by this decision.
RESOLUTION NO. 2743 (2-V-85) 12-09-85
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PASSED AND ADOPT 1) this 9th day of December, 1985, at a regular meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: MEMBERS: Szabo, Mackenzie, Sorensen, Adams, Chairman Claudy
NAYS: METERS: None
ABSTAIN: MEMBERS: None
ABSENT: MEMBERS: None
ATTEST: APPROVED:
/s / Robert S . Cowan /s/ John Claudv
Robert S. Cowan John Claudy, Chairman
Planning Director Planning Commission
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