CC Resolution No. 4091 t.~ 1 , AY ~
\ A ~ r~
~ RESOLUTION N0. 4091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
GRANTING A VARIANCE TO JOSEPH F. AND ANN RANDO TO REDUCE
THE REQUIRED SIDE YARD SETBACK OF A TWO-STORY STRUCTURE
FROM NINE (9) FEET TO SIX (6) FEET; LOCATED AT 10463 NOEL
AVENUE
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 (3-V-75) be and the same is hereby approved, subject to conditions
in Planning Commission Resolution No. 1483, 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
parties affected by this decision.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this day of , 1976, by the following vote:
Vote Members of the City Council ~
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor, City of Cupertino
ATTEST:
City Clerk
. 3-V-75 • •
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RESOLUTION N0. 1483 ~ . ~
OF THE PLt~vNING COt1MISSION OF THE CITY OF CUPERTINO ,
~RFCOMMENDING DENIAL OF A VARIANCE FROM ORDINAIVCE 220(n) ~
SECTION 10.3 TO REDUCE THE REQUItt~D SIDE YARD SETBAC~: OF
A TWO-STORY STRUCTUR~ FROM NINE (9) FEET TO SIX (6) FEET. •
APPLICANT: Joseph F. and Ann Rando . . . ~
ADDRESS: 10463 Noel Avenue, Cupertino, California 95014 _
SUBrffTTED: November 20, ~1975 . ~ •
LOCATIOPd: 10463 Noel Avenue (Somerset Square No. 2) ; .
ZONE: R1-7.5 (Residential, single-family, 7,500 sq. ft. per dwelling unit)
ACREAGFr: .23 Acre
FURTHER TINDINGS ~ ~ •
1. The Commission finds that the application does not comply,with the necessary
criteria for approval of a variance, particularly Section 7.4(a) pertaining ~
. to exceptional or extraordinary circumstances or conditions.applying to the
land, building or use.
PASSED AND ADOPTED this 22nd day of December, 1975, at a regular meeting of
the~Planning Commission of the City of Cupertino, State of California, by ~
. ~ the following roll call vote: ~ •
' AYES: Commissioners Adams, Cooper, 0'Keefe, Chairman Gatto ,
~ NAYS : None
ABSTAIN: ~ None . ~
ABSENT: Commissioner Woodward • .
ATTEST: APPROVED: ~ ~
/s/ John M. Gatto .
James H. Sisk John i~1. Gatto, Chairman
Planning Director~ Planning Co~mnission , ~ ,
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• " u ~ Y.
~ ~ G I T Y 0 F C U P C R T I N U .
. C i t y I-i~ 1 1, 10300 T~r r~~ Avenue
~ Cupertino, Cali'fornia 95014
Te~lephone: ;40~ij 252-4505
RESOLUTION OF ~HE PLANNING COMMISSION OF THE CITY OF,CUPEP~TINO
REGOMMENDING THE DENIAL OF A VARIANCE
WHEREAS the Planning Commission of the City of Cupertino re-• ~
ceived an.application for a VARIANCE, as stated on Page 2, ~nd
WHEP,EAS the ~,ppl icant has NOT met tlie burden of proof required
to support his said.application, and . .
~ WHEREl~S t.he Planning Commission finds that the applicatiori does
NOT meet all of tfie following rec~uirements:
l. Th~t there are special conditi.ons or exceptional char~cter-
istics in the nat~.;re of the property to be affected, or
~ th~t its location or its sur-ro~indings are such as will per- .
mit the Commission t~~ n;ake a determination that a literal
enfo~.cement of the rdinance would result.in practical
difficulties or urn~cessary hardships; and
~ 2.. That the grantirg of the application is necessary for the
~ pre:.ervai. icn and enjoyment of substant i al, property r i ghts,
~ and
3. That the granting of the ap~plication will not m~terially
affect adversely tne healtfi or safety of person~ resid'ing
or worl<i ng i n th~ r.~ i ghborhood of the property wi~ i ch i s
the subject of the apolication, and that the use of s~id
. property i n the manr~er v,~hi ch i t i s propesed to be used
will not be materially detrimental to the public ~~velfare
or injurious to the value of the property or improvements
located in said surroundings.
NOW, THEREF~RE, BF IT RESOLVED: .
. That after careful consider~tion of maps, facts, exhibits and
other evidence submitted in this matter, the app.lication for
the ~/ARIANCE be, and the same is, hereoy..NOT recommended~for
~ approval to the City Co:~ncil of th~ City of Cupertino; and
BE I? FURTHcR RESOLVEG: ~ ~
That the findings quoted above and on Page 2 are~approved ~nd
adopted, ~,nd that the Secretary be, and is hereby, directed
to notify the parties affected by thi`s decision.
(Continued on Page 2) ,
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