Reso 1847 1-V-78
RESOLUTION NO. 1847
OF THE PLANNING COMMISSION OF. THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF A VARIANCE REQUEST TO REDUCE
4110 A FRONT YARD/SETBACK FROM 20 FT. to 7 FT. AND TO
INCREASE MAXIMUM AVERAGE BUILDING HEIGHT FROM 30
FT. TO 35 FT.
APPLICANT: Barre Barnes
ADDRESS : 22660 San Juan Road, Cupertino, California 95014
SUBMITTED: May 16, 1978
LOC_ATION: North side of the privately owned portion of San Juan Road.:
approximately 500 ft. westerly of Cordova Road.
FURTHER FINDINGS: •
1. That there are no special circumstances which require the applicant to
reduce the minimum setback distance from 20 ft. to 7 ft. The building
described on Exhibit A of 1-V-78 can be re-oriented or redesigned to
avoid a front setback encroachment.
2. The precise roadway -alignment for San Juan Road cannot be determined
until further engineering work is completed; therefore, the future
setback line for Lot 403 delineated on Exhibit A is presently
indefinable.
Ilk
PASSED AND ADOPTED this 12th day of June, 1978, 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, Gatto, Koenitzer, Chairperson Blaine
NAYS: None
ABSTAIN: None •
•
ABSENT: None •
APPROVED:
/s/ Sharon Blaine
Sharon Blaine, Chairperson-
Planning Commission
ATTEST:
Dr.jt-Cerk,X4K
Robert Cowan
Assistant Planning Director
CITYOF CUPERTINO
•
City Ha l l , 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 re-
ceived' an 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 character-
istics in the nature of the property to be affected, or
that its location or its surroundings are such as will per-
mit the Commission tuo make a determination that a literal
enforcement of the rdinance 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 the 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 that the Secretary be, and is hereby, directed
to notify the parties affected by this decision .
( Continued on Page 2) .
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