CC Resolution No. 3850 ;
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RESOLUTION N0. 3850
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
GRANTING A VARIANCE TO DIVIDEND INDUSTRIES, INC. TO RE-
DUCE THE REQUIRED MINIMUM REAR SETBACK DISTANCE FOR A DU-
PLEX BUILDING FROM TEN FEET TO NINE FEET ON LOT 1, TRACT
5615 LOCATED AT THE SOUTHWEST CORNER OF VISTA DRTVE AND
FOREST STREET
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 recommendation 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 (1-V-75) be and the same is hereby approved, subject to conditions
in Planning Commission Resolution No. 1392, attached hereunto as Exhibit "A".
BE IT FURTHER RESOLVED that the report of findings attached hereto is approved
and adopted, and that the City Clerk be and is hereby directed to notify the par-
ties affected by this decision.
PASSED AND ADOPTED at a regular me,eting of the City Council of the City of
Cupertino this 18th day of Februar~~~ 1975, by the following vote:
Vote Members of the City Council
AYES: Frolich, Jackson, Meyers, Nellis, Sparks
NOES : No.ne
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Reed Sparks ~
Mayor of Cupertino
ATTEST:
/s/ Wm. E. Rvder
City Clerk
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~ ~ ~ ~ 1-V-75
h1;S03..JTION N0. 139'2
CF TIiE FT t1NNING CON~iiISSIOr: OF TE1!~: CITY OF CUPLRTINO '
EI;COI`IM~~vDING AFPROVAL OF A VAR.7AidCi~ ~1PPLTCATT.Oti TO
R1:DUCE TIiI: MINIrfUi~i REAR SETBACK DISTANCE FOR A ' ' ~
DUPLEX 13UII~UING FROM TLN (10) F.F.ET TU NINI; (,9) FEET. ~ ,
APYLICAN'I': Dividend Itidustries, Inc.
~ , ADDRESS: 2160 Forest Aveaue, San Jose,~;;alifornia
SUBMITT~D: DecemUer 31, I974
LOCATION: Southti~est corner of the inte.rsection c~f Lazaneo Dr. aad Vista Dr.
?.ONE: R2-4.?S (Resident~al, duplex, 4,250 sq. ft. per dwellin; unit)
AC?.EAGE: 8,796 sq. ft.
FURTHER FINDIN~S:
1. That the unusually large street corner radius on Vista Drive creates a
unique 1ot configuration mak.ing it impossible to utilize the duplex •
building desibns created for the duplex subdivision.
2. The granting of the variance is necessary for the preservation and
enjoyn~ent of suostantial property right~ of the petitioner. ~
3. Tha~ the granting o~ the variance will n~~t adversely affect the health
or safety, of persons residing or worki.lg within the neighborhood. •
. CON~ITIONS:
, '
1-14. Standatd Condi_tions to.the extent that they~ do not confJ.ict with the
special conditions enumerai:ed herein. In the evenr a conflict does
eai_st,.the sp;~cial conditions as enumerated herein shall apply. ~
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15. That a letter shall be provided from the appropriatP public' uti.lity
. companies stating that the one-foot encroachment into the public
utility easement is acceptable. , .
• 16. The variance is granted based upon Exhibit A of 1-V-75 as may be
modified b~ a3diti.onal conditions contair.e~ herein:
. . , .
PASSED AND ADOPTED this 1Qth day of February, 1975, at a regular meeting of ~
the Plannin~ Commission of tne City of Cupertino, ~tate of California, by .
the following roll ca11 vote: .
AYES: Commissio:~ers Adams, Cooper, ~doodward, Chairman Gatto •
NAYS~: None
ABSTAIN: Commissiorier 0`Keefe ~
ABSENT None ~
ATTEST: APPFOVED: . .
.s'~~~__~~-.~~°'2~ .
James li. Sisic ' John Gatto, Chai~man
Pianning Director Planning Commission
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CIT~' UF CiJPER1'INO
10300.Torre ~'lvenue ,
Cupe.rtino, Caltf~rr.ia 9SOl~a
~ (40t3} 252-4505 .
RESOT,UTION OF TIiE PLANNING COMMISSION Or Ttl~ CITY OF CUPERTINO
R~COMMENDING THE GRANTING 0~ A~IARIANCE
~,1HEREAS 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 bu~rden o:E proof require~ 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 ta make a deternination that a literal enforce-
~ ment of the Ordinance would result in practical difficulties
or unnecessary hardships; and .
2. That the granting of.the application is necessa.ry for the
~ preservation and enjoyment of subst~ntial property rights;
and
3.. That the hearings show that the grar~ting of the application
will not materially affect adversely th.e health or safety
of pe~sons.residing or working in the nei;hborhood of the
property which is the subject of tne application, and that
the use of said property in the manner in which it is pro-
posed to be used will not be materially detrimer.tal.to the
public welfare or injurious to the value of property or
improvements located in said surxoundings;
~IOW, THEREFORF, BE IT RESOLVED: ~
Tt?at after careful consideration of maps, facts, exhibits and
o.ther evidence submitted i.n this matter, the application,for the
Variance be, and the same is, hereby recorir~ended for approval to
the City Council of the City of Cupertino for appropriate action,
subject to the cnnditions stated.on Page 2; and
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BE IT FURTHER RESOLVED: .
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That the aforementioned findings are approved and 3dopted, and `
that the Secretary be, and is hereby, directed to notify the
parties affected by this decision. j
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(Con.tixiued. on Page 2) ~
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