CC Resolution No. 4176 ,i ~
RESOLUTION N0. 4176
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
GRANTING A VARIANCE TO ROBERT G. MERRICK AND LETHA M.
MERRICK TO EXTEND HEIGHT OF FENCE FROM EIGHT FEET TO TEN
FEET; LOCATED EASTERLY AND ADJACENT TO HILLCREST ROAD
APPROXIMATELY 350 FT. NORTHERLY OF THE INTERSECTION OF
HILLCREST ROAD AND CRESCENT ROAD
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-76) be and the same is hereby approved, sub~ect to
conditions in Planning Commission Resolution No. 1538, 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 7t1, _ day of .TI~nP , 1976, by the following vote:
Vote Members_of the City Council
AYES: Frolich, Jackson, Nellis, 0'Keefe, Meyers
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Robert W. Meyers
Mayor, City of Cupertino
ATTEST:
/s/ Wm. E. Ryder
City Clerk
/
CITY OF CUPERTINO
10300 .Torre Avenue
Cupertino, California 95014
(408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE GRANTING OE ~ VARIANCE
WHEREAS 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 burden of proof required to sup-
port his said application; and ,
WHEREAS the application shows: .
1. Tha~ 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 to make a determination 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 necessary for the
preservation and enjoyment of substantial property rights;
and
3.. That the hearings show that the granting of the application
will not material~Iy affect adversely the health or safety
of pe.rsons.residin.g or working in the neighborhood of the •
property which is the subject of the application, and that
the use of said property in the manner in which it is pro-
~ posed to be used will not be materially detrimental to the
putlic welfare or injurious to the value of property or
improvements located in said surroundings;
NOW, THEREFORE, BE IT RESOLVED: •
That after careful consideration of maps, facts, exhi'bits and
other evidence submitted in this matter, the application for the
Variance be, and the same is, hereby recommended for approval to
the City Council of the City of Cupertino for appropriate action,
subject to the conditions stated on Page 2; and '
BE IT FURTHER RESOLVED: ~
. That the aforementioned findings are approved and adopted, and .
that the Secretary be, and is hereby, ctirected to notify the
parties affected by this decision.
(Continued ;on Page 2)
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~ i-v-76
RESOLUTION v0. 1538
OF THE PL~,~TIVING CO~IISSION OF THE CITY OF CUPERTIVO
- RECO~L~IE1~iDLNG TKE :~P°ROV.4L OF :~,.v ~PPLIC?~TI0~1 FOR VARI~~ICE
FROM ORDN~VCE 686 TO EXTEND 'dEIGHT OF r~1CE c^ROM EIGHT
FEET TO TE~1 FEET.
~PLIC~~1i.:, Robert G. `~erric'~c ~nd .Letha..u...:?e~.rick . x. . . . . .
ADDRESS: 10377 Vista ?Znol.l Blvd., Cupertino, California 95014
SUB~IITTED: April 2, 1976
LOCATIOV: Easterl.y and adjacent to Hillcrest Rd. approximately 350 ft.
northerly of the intersection of Hillcrest Rd.. and Crescent Rd.
FURTHER FIVDINGS:
1. The Commission finds the variance request to be justified because the
proposed feace height increase assoeiated with the tennis court will
not be detrimental to the enjoyment of and value of adjoinin~ prooerty.
2. The tennis court and associated fencing requirements represent a unique
use requiring snecial dimensions arid~sun-angle orientation.
CONDITIONS:
1-14. Standard Conditions to the extent that they do not conf lict with the
special conditions enumerated herein. In the event a conflict does
' exist, the special conditions as enumerated herein sha11 apoly.
15. That the approval is based upon E.chibit lst Revision, and B of.
1-V-76, as may be amended by conditions contained herein.
16. That the tennis courts shall be constructed concurrent ~aitn or ,
after cor.struction of a single-far~ily house on the property.
17. That nioht Iighting for tennis courts sha11 be installed witti
appropriate shieldina devices to eliminate light spillover into
adjoining neighborhoods. The hours of operation for the nioht
tennis courts shall be limited to 11:OO.p.m.
P:~SSED ~,,W ?.DOPTED th?s 24th day of ?4ay, 1976, at a re~ular meeting of the
Planning Commission, City of Cupertino, State of California, by the following
roll call vote:
AYES: Commissioners Cooper, Gatto, Koenitzer, Woodward, Chair.nan ~dams
VAiS: iVone
~iST~I:i: ;1one ~
ABSEVT: None
ATTEST: A.PPROVED: ~
/s/ Victor J. Adams
Robert Cowan Victor J. Adams, Chairman
Assistant Planning D:.ractor Planning Comcaission
~x~ ~ ~ i~ N
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