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Reso 1825 5-V-77 (Revised) RESOLUTION NO. 1825 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A VARIANCE FROM SECTION 7 .1 OF ORDINANCE 780 (ORDINANCE REGULATING SINGLE-FAMILY ZONES) AND SECTION 66.1 OF ORDINANCE 220(g) (HEIGHT ORDINANCE) TO PERMIT A PORTION OF A SINGLE-FAMILY HOME TO BE CONSTRUCTED WITH THREE STORIES (i.e. TWO STORIES ' CONSISTING OF LIVING AREAS OVER A GARAGE) IN LIEU OF A MAXIMUM OF TWO STORIES NORMALLY PERMITTED. APPLICANT: Dennis E. Griffin (Griffin & Murren Construction) ADDRESS: 1255 Kentwood Avenue, San Jose, California 95129 SUBMITTED: March 10, 1978 LOCATION: Adjacent to and easterly of Crescent Road opposite the intersection of Crescent Road and Hillcrest Road Approval is recommended subject to the findings as set forth on Page 1 and subconclusions as set forth in the minutes of the Planning Commission meeting of April 17 , 1978. CONDITIONS : 1-14. 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 enumerated herein shall apply. 15. That the approval is based upon Exhibits A, B, C and D of Application 5-V-77 (Revised) as may be amended by additional conditions contained herein. PASSED AND ADOPTED this 17th day of April, 1978, at a special meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES : Commissioners Markkula, Chairperson Blaine NOES: Commissioner Koenitzer ABSTAIN: None ABSENT: Commissioners Adams, Gatto • APPROVED: /s/ Sharon Blaine Sharon Blaine, Chairperson Planning Commission ATTEST V-Rel& Robert Cowan Assistant Planning Director -2- CITY OF CUPERTINO 10300 Torre Avenue Cupertino , California 95014 (408) 252-4505 410 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE GRANTING OF A VARIANCE WHEREAS the Planning Commission of the City of Cupertino received an application for a Variance , as stated on Page 2 ; and WHEREAS the applicant has met the burden of proof required to sup- port his said application ; and WHEREAS the application shows : 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 permit the Commission to make a determination that a literal enforce- ment of the Ordinance would result in practical difficulties or unnecessary hardships ; and 2 . That the grantin g g of the application is necessary for the 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 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 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 . (Continued on Page 2) I -1-