Reso 4007 3-V-87
CITY OF CUPERTINO
10430 S De Anza Boulevard
Cupertino, California 95014
RESOLUTION NO. 4007
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF A VARIANCE FROM
THE SECOND STORY DECK SIDE SETBACK REQUIREMENTS
OF THE R1 (SINGLE-FAMILY, RESIDENTIAL) ORDINANCE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino has received an
application for a Variance, as described on Page 2 of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with
the Procedural Ordinance of the City of Cupertino, and the Planning
Commission has held at least one Public Hering on this matter; and
WHEREAS, the Applicant has failed to meet the burden of proof required to
support the application, and has not satisfied the following criteria:
1) That there are extraordinary circumstances or conditions pertaining
to the land, building or use which do not generally apply to land,
building and/or uses in the same district.
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2) That granting of the Variance is necessary for the preservation and
enjoyment of substantial property rights; and
3) That granting of the Variance will not produce a materially adverse
affect upon the health or safety of persons residing or-working in
the neighborhood of the property which is the subject of this
application, and that the use of said property in the manner which
it is proposed 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, testimony, exhibits and
other evidence submitted in this matter, the application for Variance is
hereby recom ended for Denial by the City Council of the City of
Cupertino; and
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RESOLUTION NO. 4007 (3-V-87) 11/09/87
PAGE - 2 -
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings specified in this
Resolution are based are contained in the Public Hearing record concerning
Application 3-V-87, as set forth in the Minutes of the Planning Commission
Meeting of November 9, 1987 and are incorporated by reference as though
fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No(s) 3-V-87
Applicant: Stephen C. Thompson
Property Owner: Same
Location: South side of Cupertino Road approximately
350 ft. west of Carmen Road
PASSED AND ADOPTED this 9th day of November, 1987 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, Claudy, Sorensen, Szabo,
and Chairman Mackenzie
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
Al'1'EST: APPROVED:
YAPStA C-frv—tikk- •
Robert Cowan Dona d Mackenzie, airman
Director of Planning Cupertino Planninc Commission
RES3V87(SONIA)