CC Resolution No. 7730
RESOIIJTION NO. 7730
A RESOIIJTION OF '!HE CITY aJUNCIL OF '!HE CITY OF aJPERl'INO
APPROVING VARIANCE 'ro PERRY AND JaŒS FRCM SECl'ION 10.3
OF ORDINANCE NO. 1450 'ro AT.1J:M A FR':Nl' SErIW::K DEPlH OF 15 FT.
FOR A roRl'ION OF '!HE FR':Nl' YARD OF IJ:1r 4 IN LIEU OF '!HE 20 FT.
REII;JJIRED; IDCATED ON '!HE NORIH SIDE OF FUIURE VILIA MARIA CXXJRI',
¥/=l~ OF RAINB::M œIVE AND ¥/=l:t&,Y OF WBB RJAD
WHEREAS, the applicant has met the burden of proof required to support
his said application; an:l
WHEREAS, the Plarming CrJrnmil'lSion, after duly noticed public hearings,
has foJ:Warded its :r......,.,.erx3ations to the City Council.
NCM, 'lHEREFORE, BE IT RESOLVED, that after careful consideration of
maps, facts, exhibits an:l other evidence sul:mitted in this matter, the
application for the Variance (1-V-89) be an:l the same is hereby approved
with the following con:iitions an:l findings:
FINDINGS :
1. 'Ihat there are extraordinary circumstances or con:iitions
pertaining to the lan:l, building or use which do not generally
apply to lan:l, building an:J,Ior uses in the same district.
2. 'Ihat the granting of the variance action is necessary for the
preservation an:l enjoyment of substantial property rights.
3. 'Ihat the hearing reoord den¥:mstrates that the granting of the
variance will not have a material, adverse iIlpact upon the health
or safety of persons residing or working in the neighborhood of
the property. FUrther, the manner in which the property will be
used subsequent to :iJrplementation of the variance action will not
be materially detr:imental to the public welfare or injurious to
the value of property or iJI1provement located in the vicinity of
the property affected by said variance.
BE IT FURIHER RESOLVED that the City Clerk be an:l is hereby directed
to notify the parties affected by this decision.
PASSED AND ADOPl'ED at
City of CUpertino this
fOllowing vote:
a regular meeting of the City Council of the
6Th day of Februarv , 1989, by the
RESOIIJTION NO. 7730
vote Members of the city Council
AYES: Gatto, Johnson, Plungy
NOES: None
ABSENl': Koppel, Rogers
~: None
ATmST: APPRJVED:
/s/ Dorothy Cornelius
City Clerk
/s/ John J. Plungy, Jr.
Mayor, City of CUpertino