CC Resolution No. 4116 ~~T' ~t Xa„~ r"~'!,:
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RESOLUTION N0. 4116 ,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
GRANTING A VARIANCE TO VERNON MILLER TO ADD TO A NON-
CONFORMING STRUCTURE. SAID PROPERTY IS LOCATED AT 10345
TULA LANE
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 (2-V-75) be and the same is hereby approved, subject to
conditions in Planning Commission Resolution No. 1489, 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
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, C I T Y 0 F G U P E~ T I N 0 . ~
~ City Hall, lO~On Torre Averue
t Cupertino, Cali~ornia 95~14 ° '
Te~lephone: ~408) 252-4505
RESOLUTION OF iHE PLANNING COMMISSION OF THE CITY OF,CUPERTINO
RECOMMENDING 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, and ~
WHEREAS the applicant has NOT met the burden of proof required
to support his said application, and .
WHEREAS the Planning Commission f`inds that the application does
NOT meet all of the following requirements:
l. 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 per-
mit the Commission t~o make a determination that a literal
enforcement of the rdinance would result.in practical
difficulties or urn~cessary hardships; and
2.~ That the granting of the application is necessary for the
preservatic~ and enjoyment of substantial property rights,
and
3. That the granting of the application will not materi~ally . ~
~ affect adversely the health or safety of persons residing
or working in th~ neighborhood of the property which is
~ the subject of the apr~lication, a~d that the use of said
property in the mar.ner which itais proposed to be used
will not be materially detrimental to the public welfare
or i nj ur i ous to the val ue of the property or improven~ents
located in said surroundin~s.
NOW, THEREFORE, BF IT RESOLVED:
' That after careful consideration of maps, facts, exhibits and
other evidence submitted in this matter, the application for
the VARIANCE be, and the same is, hereby NOT recommended for
~ approval to the City Council of th~ City of Cupertino;~ and
BE IT FURTH~R-~RESOLVED: ~
That the findings quoted above and on Page 2 are approved and
~ adopted, and that the Secretary be, and is hereby, directed
to notify the parties affected by this decision.
( Cont i nued on> Page ~2) -
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2-V-75
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• RESOLUTION N0. 1489
~ OF THE PLANNING COP'Il~IISSION OF THE CITY OF CUPERTINO ~ ~
RECOMMENDING THE DENIAL OF A VARIANCE FROM ORDINANCE NS-1200
SECTION 30 TO ALLOW AN ADDITION TO A NON-CONFORMING USE.
APPLICANT: Vernon Miller
ADDRESS: 10345 Tula Lane, Cupertino, Califo mia 95014
SUBMITTED: October 30, 1975 ~
LOCATION: Westerly of and adjacent to Tula Lane .
ZONE: R1-10 (Residential, single-family, I0,000 sq. ft.
, per dwelling unit)
~FINDINGS: ~
The Co~ission finds that the proposed addition is a structural alteration and,
therefore, would constitute an enlargement of the non-conforming use. Thus,
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the conditions for the granting of a variance do not exist.
PASSED.AND ADOPTED this 26th day of January, 1976, at a regular meeting of the
PTanning,Commission of the City of Cupertino, ~tate of California, by the
following-roll call vote: - ~ ~
AYES:. Commissioners Adams, Cooper, Woodward, Chairman Gatto
NAYS: None ,
ABSTAIN: None
ABSENT: Co~issioner 0'Keefe
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APPROVED:
_ /s/ John M. Gatto
John M. Gatto, Chairman
, Planning Commission
ATTEST:
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.f~
ames H. Sisk
Planning Director
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