Reso 3005 3-EXC-86
CITY OF CUPERTINO
10430 South De Anza Boulevard
Cupertino, California 95014
411
RESOLUTION NO. 3005
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN EXCEPTION TO PLACE A FENCE
WITHIN THE FRONT SETBACK 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
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.
5) The small hill (grade) in front of the home creates an unusual
condition which warrants the exception.
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 3-EXC-86, as set forth in the Minutes of the Planning
Commission Meeting of February 9, 1987, and are incorporated by reference
as though fully set forth herein.
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Resolution No. 3005 (3-EXC-86) 2/9/87
Page -2-
CONDITIONS
1. LOCATION
The fence shall be located as shown on Exhibit A-2nd Revision.
Minimunn setback shall equal 5 feet; the gate shall be located 18 feet
from the setback.
2. MATERIALS
Wrought Iron shall be used for the fence located within the front
setback area. The step entry treatment may use rock pillars and a low
rock fence as depicted on Exhibit A.
PASSED AND ADOk'n U this 9th day of February, 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: COPMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATIEST: APPROVED:
VOt(ZrS(41),pm_
D (3-1
Robert S. Cowan Donald MacKenzie
Director of Planning Cupertino P1 Commission
3EXC86 RESO(M-5)
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