CC Resolution No. 6174
RESOLUTION NO. 6174
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
G~TING A VARIANCE TO HOMER AND DEBBIE GEE (BEST
CONSTRUCTION) FROM THE Rl (RESIDENTIAL, SINGLE-
FAMILY) ORDINANCE TO PERMIT A SECOND-STORY SETBACK
OF 7 FT. 6 INCHES IN LIEU OF THE 10 FT. SETBACK
REQUIRED BY ORDINANCE
WHEREAS, the applicant has met the burden of proof required to support
his said application; and
WHEREAS, the Planning Commission, after duly noticed public hearings,
has forwarded its recommendations to the City Council.
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 (2-V-83) be and the same is hereby approved with
the following conditions and findings:
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. The approval is based on Exhibit A of Application 2-V-83 as may be
amended by additional conditions contained herein.
16. The proposed chimney shall not encroach into the required sideyard;
the applicant may relocate the chimney to the rear of the building, or
redesign the chimney to fit within the plane of the building's southerly
wall.
FINDINGS:
1. That there are exceptional circumstances applying to the land, use
and building referred to in the application which do not apply generally
to land, buildings or uses in the same district.
2. That granting of the application is necessary for the preservation
and enjoyment of substantital property rights of the petitioner.
3. That granting of the Variance will not affect adversely the health
and safety of the community, or produce economic injury to the subject
neighborhood.
Resolution No. 6174
BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed
to notify the parties affected by this decision.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 19th day of September ,1983 by the following
vote:
Vote
Members of the City Council
AYES:
Gatto, Johnson, Rogers, Sparks, Plungy
NOES:
None
ABSENT:
None
ABSTAIN:
None
APPROVED:
Isl John J. Plungv. Jr.
Mayor, City of Cupertino
ATTEST:
/s/ Dorothv Cornelius
City Clerk
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