CC Resolution No. 7917
RESOIIJI'ION NO. 7917
A RESOIIJI'ION OF '!HE CIT1{ CXJONCIL OF THE CIT1{ OF aJPERl'INO
APProVING VARIANCE 'IO R:>Y AND HEIEN ADZIΠF'RCIII SECl'IONS
8.4.2 AND 8.4.3 OF ORDINANCE 1449 'IO AII.CM REOOCl'ION OF
THE RÐ;2UIRED SIDE YARœ FOR '!HE SEroND FIOOR OF A
SmGIE FAMILY HC!ΠAND INl'ERPREI'ATION 'IO CHANGE THE
ORIENTATION OF THE FRONT YARD F'RCIII NORm 'IO EAST
WHEREAS, the applicant has met the burden of proof required to support
his said application I aro.
WHEREAS, the Plannin:J camnission, after duly noticed public hearings,
has forwarded its :reconunerxmtions to the City Council.
NCM, 'IHEREFORE, BE IT RESOLVED that after careful consideration of
maps, facts, exhibits aro. other evidence submitted in this matter, the
application for the Variance (4-V-89) be aro. the same is hereby approved
with the followin;J con::litions aro. fin::lin;Js:
FINDINGS :
1. '!hat there are extraordinëny circumstances or con::litions
perta:inin;J to the laro., buildin;J or use which do not generally
apply to land, buildin;J amjor uses :in the same district.
2. '!hat the grantin;J of the variance action is necessary for the
preservation aro. enjoyment of substantial property rights.
3. '!hat the hearin;J record dem:>nstrates that the grantin;J of the
variance will not have a material, adverse in'pact upon the health
or safety of persons residin;J or workin;J in the neighborllood of
the property. F\1rt:her, the manner :in which the property will be
used subsequent to i111plementation of the variance action will not
be materially detrimental to the public welfare or :injurious to
the value of property or i111provement located :in the vicWty of
the property affected by said variance.
CDNDITIONS :
1. APPROVED EXHIBITS
'!he :reconunerxmtion of approval is based on the site Plan, Floor
Plan aro. Elevation diagrams (4 sheets) of Application 4-V-89
dated JUly, 1989, except as may be amen::led by the con::litions
conta:ined here:in.
2. INGRESS/mRESS EASEMENTS
'!he owner shall record an appropriate deed restriction aro.
covenant running with the laro. subject to approval of the City
Atto:rney, for all parcels which share a '-'UIwuon private drive or
private roadway with one = m:>re other parcels. said deed
restriction shall provide for necessazy reciprocal in;Jress aro.
egress <õ'<1"""""'J1ts to aro. from the affected parcels. Said
easements shall be recorded at such time as :interest in one =
m:>re of the affected parcels is :initially sold = transferred to
another party.
3. IJJr ORIENTATION
For pw:poses of defining yard areas, the easterly lot l:ine shall
be deemed the front lot l:ine.
4. MINIMUM sroRY SEI'BACK RmJIREMENTS
'!he 19 foot secon::l story I::A.1ildin;J dimension appearin;J on the site
plan shall be reduced to 15 feetl the north side yard secon::l
story setback shall be increased to 10 feet.
5. ROOF DESIGN
'!he roof coverin;J the south side of the buildin;J shall be
m:>dified to delete the gable. '!he roof shall slope from the
south I::A.1ildin;J l:ine up to the main eastjwest ridge line. '!he
stair well can be acx..;uu.uodated :in the sloped roof line. '!he
:intent of the corm.tion is to reduce buildin;J mass as viewed fran
the south side of the buildin;J
BE IT FURIHER RESOLVED that the City Clerk be aro. is hereby directed to
notify the parties affected by this decision.
RESOIIJI'ION NO. 7917
PASSED AND AIJOPI'ED at a regular meetin;J of the City Council of the
city of CUpertino this 21st day of August , 1989 by the followin;J
vote:
vote Members of the city Council
AYES: Gatto, Johnson, Koppel, Rogers, P1ungy
NOES: None
ABSENT: None
AæI'AIN: None
APPROVED:
Isl John J. P1ungy, Jr.
Mayor, City of CUpertino
A'ITEST:
Isl Dorothy Cornelius
city Clerk