CC Resolution No. 7177
RESOIlJTION NO. 7177
A RESOIlJTION OF '!HE CITY CXXJNCIL OF THE CITY OF aJPERI'INO
APPOOVING VARIANCE ~ RFAR YARD SEI'BACK ~
OF THE SmGIE FAMILY RESIDENTIAL (R-1) ZONING DISTRIcr;
AMERICAN DFSIGN ENGINEERING, PROPERlY IDCATED ON THE NORI'HWEST
CDRNER OF SANI'A IDCIA :ROAD AND MERRIMAN :ROAD
(APPLICATION 2-V-S7)
WHERFAS, the applicant has met the burden of proof required to support
his said application; ani
WHERFAS, the Planning Cœ1mission, after duly noticed public hearings,
has fo~ its recanunendations to the city Council.
NCM, 'l1!E:RIDuRE, BE IT RESOLVED that after careful consideration of
maps, facts, exhibits ani other evidence submitted in this matter, the
application for the Variance (2-V-S7) be ani the same is hereby approved
with the followin;¡' corñitions ani fin:lings:
OONDITIONS ADmII::n'=u BY '!HE PUBLIC mRK DEPARIMENT
1. STREEI' IMFROVEMENTS & DEDICATION
street widening, iltprovements, ani dedications shall be provided in
acoordance with city Standards ani specifications ani as required by
the City Engineer.
2. aJRB. GlJITER & SIDEWAll<
C\Jrt s, gutters, sidewalks ani stJ:uctures shall be installed to grades
ani be constructed in acooràance with standards specified by the City
Engineer .
3. LIGHl'ING
street lighting shall be installed ani shall be as approved by the
City Engineer. All on ani off-site lightin;¡' shall be designed to in
no way interfere with adjacent areas ani shall be no higher than the
maxlluum height permitted by the zone in which the property is located.
4. FIRE HYDRANI'S
Fire hydrants shall be located as required by the City.
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RESOIIJTION NO. 7177
5. TRAFFIC cnrrROL SIGNS
Traffic control signs shall be placed at locations to be specified by
the City.
6. b'l~l' TREES
street trees will be planted in the public right-of-way and shall be
of a types aI:Proved by the City in accordance with the stevens Creek
Boulevard sidewalk Plan.
7. GRADING
Grading shall be as aI:Proved and required by the City Engineer in
accordance with Ordinance No. 214 (a).
8. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
9. UNDERGROUND UI'ILITIES
The developer shall be respollsible f= CCIlIplyin;¡' with the requirements
of the Utrlergrourrl utility Ordinance No. 331 and other related
ordinances and regulations of the city of CUpertino, and shall make
the necessa:ry arrangements with the utility oanpanies involved for the
installation of said facilities. The subdivider shall submit a
detailed plan shawin;¡' utility underg=un::1 provisions. ('!his plan must
have prior aI:Proval of the utility oanpanies and the City Engineer.)
10. DEVEIDFMENT AGREEMENT
The project developer shall enter into a development agreement with
the city of CUpertino providing for btplementation of btprovements and
payment of fees, incl1Jdin;J but not limited to checking and inspection
fees, storm drain fees, park dedication fees and fees for
undergrouniirg of utilities. Said agreement shall be executed prior
to issuance of construction permits.
<X>NDITIONS AI:MINl::;'lU<lill BY '!HE PIANNING DEPARIMENT
11. APPROVED EXHIBITS
The approval is based on Exhibits A, A-l, B and Informational of
Application 2-V-87 except as may be amerrled by additional corrlitions
enumerated herein.
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RESOII1I'IOO' NO. 7177
12. EN'I'ITUMENTS
'!he subject variance approval pertains specifically to the following
entitlements only:
A) Reduction of rear yard setback for secoIXi sto¡:y element from 25
feet to 13 fee.
B) Reduction of rear yard setback for second sto¡:y deck from 20 feet
to 10 feet.
No other variation from any prescribed regulations of the R-l
ordinance is authorized un:ier this application.
'!he variance approval is based on the accuracy of the lot lines,
street dedications and building placement appearing on Exhibit A of
this Application. Inconsistencies or deviations from the information
appearing on said Exhibit may invalidate this variance approval.
FINDmGS :
1. '!hat there are special conditions or exceptional characteristics in
the nature of the property to be affected, or that its location or its
surroundings are such as well permit the Council to make a
determination. that a literal enforcement of the Procedural Ordinance
would result in practical difficulties or unnecessary hardships.
2. '!hat the granting of the variance actions is necessary for the
preservation and enjoyment of substantial property rights.
3. '!hat the hearing record dena1st.rates that the granting of the variance
will not have a material, adverse impact upon the health or safety of
persons residing or wor~ in the neighboJ:hood of the property.
Further, the manner in which the property will be used subsequent to
~lementation of the variance action will not be materially
c1etr:iJnental to the ~lic welfare or injurious to the value of
property or improvements located in the vicinity of the property
affected by said variance.
BE IT FURI'HER RESOLVED that the City Clerk be and is hereby directed
to notify the parties affected by this decision.
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RESOIIJ'I'ION NO. 7177
PASSED AND AOOPI'ED at a
City of CUpertino this 4th
following vote:
Vote Members of the City Council
regular meeting of the City Council of the
day of May , 1987 by the
NOES: None
AYES: Gatto, Johnson, Plungy, Rogers, Sparks
ABSENT: None
ABSTAIN: None
A'ITEST:
-1§/ ,Roberta A. Wolfe
îJeputy crty Clerk
APPROVED:
/s/ W. Reed Sparks
Mayor, City of CUpertino
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