Reso 3030 1-EXC-87
CITY OF CUPERTINO
10430 So. De Anza Blvd.
Cupertino, California 95014
RESOLUTION NO. 3030
OF THE PLANNING COMNIISSION OF THE CITY OF CUPERTINO
APPROVING AN EXCEPTION TO ORDINANCE 686
TO ALLOW A FENCE ENCROACHMENT INTO A REQUIRED
SIDEYARD AREA
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino has received an
application for an Exception, as described on Page 2 of this Resolution;
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 Ordinance.
2) Granting of the Exception will not result in a condition which is
411 materially detrimental to the public health, safety or welfare.
3) The Exception to be granted 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 will not result in a hazardous condition for
pedestrian 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
in this Resolution are based are contained in the Public Record concerning
Application 1-EXC-87, as set forth in the Minutes of the Planning
Commission Meeting of April 13, 1987 and are incorporated by reference as
though fully set forth herein.
•
RESOLUTION No. 3030 (1-EXC-87) 04/13/87
Page - 2 -
II) DESCRIPTION OF APPLICATION
Application No(s) 1-EXC-87
Applicant: Ronald and Patricia Fairchild
Property Owner: Same
Location: Southeast corner of Phar Lap Drive and
C1Parcreek Court
Parcel Area (Ac) : N/A
EXCEPTION from Section 16.28.040 of Ordinance No. 686 (Fence
Ordinance) to allow a fence to encroach in the required side setback
area.
III)CONDITIONS AIISTERED BY THE PLANNING DEPARTMENT
1) APPROVED EXHIBITS
The approval is based on Exhibit A of Application 1-EXC-87, except
as may be amended by the Conditions contained in this Resolution.
2) FENCE HEIGHT LIMITATION
The subject fence shall not exceed a height of six feet.
® PASSED AND ADOP1ED this 13th day of April, 1987 at a Regular Meeting of
the Planning Commission of the City of Cupertino by the following roll
call vote:
AYES: COMMISSIONERS: Adams, Claudy, Sorensen, Szabo, and
Chairman Mackenzie
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
Ar nST: APPROVED:
RAAA-- crwitt
Robert Cowan Dori Mac enzie, Chairman
Director of Planning Cupertino Planning omission
RES1EXC(MWP)