CC Resolution No. 4224 .
~ RESOLUTION N0. 4224
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
GRANTING A VARIANCE TO THOMAS B. MAYBO FROM SECTION 10.2
OF ORDINANCE 575 REDUCING THE REQUIRED FRONT SETBACK AREA
FROM 20 TO 15 FEET AND FROM SECTION 10.4 REDUCING THE RE-
QUIRED REAR SETBACK FROM 20 FEET TO 15 FEET AND REDUCING
THE REQUIRED USABLE REAR YARD AREA FROM 850 SQ. FEET TO
560 SQ. FEET; LOCATED SOUTHERLY OF AND ADJACENT TO ROD-
RIGUES AVENUE ADJACENT TO CUPERTINO CITY HALL
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 (4-V-76) be and the same is hereby approved, subject to con-
ditions in Planning Commission Resolution No. 1570, attached hereunto as Ex-
hibit "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 7th day of September ~ 1976, by the following vote:
Vote Members of the City Council
AYES: Frolich, Nellis, Meyers
NOES : 0''Keefe
ABSENT: Jackson
ABSTAIN: None
APPROVED:
/s/ Robert W. Meyers
Mayor, City of Cupertino
ATTEST:
/s/ : Wm., E..; Ryder . .
City Clerk
~ 4-V-76
.
• RESpLITTIDN N0. 1570 '
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO~ .
RECOMME'.~ING APPROVAL OF A VARIANCE FROM SECTION 10.2 .
OF ORDIi+?,NCE 575 REDUCING THE REQUIRED FRONT SETBACK -
AREA FRp!~i TWE'NTY (20) TO FIFTEEN (15) FEET AND FROM
SECTION 10.4 REDUCING TAE REQUIRED REAR SETBACR FROM
TWENTY (20) FEET TO FIFTEEN (15) FEET AND REDUCING
THE REQLTIRED USABLE REAR YARD AREA FROM 850 SQ. FT.
TO 560 SQ. FT.
APPLICA.'.Z : Thomas B. Maybo
ADDRESS: 10401 Cherry Tree Lane, Cupertino, California 95014
suarnT~n: July 1, 1976 ~
LOCATIO::: Southerly of and adjacent to Rodrigues Avenue immediately adjacent
to Rodrigues Avenue immediately adjacent to and easterly of
City Hall
FURTHER FINDINGS:
The variance application is justif ied beeause the unusual triangular config-
~ uration of the parcel, which was created by a City-initiated realignment of
Rodrigues Avenue, severely limits building design flexibility.
CONDITIQNS:
1-14. Standard Conditions to the extent that they do not conflict with the
special conditions emnnerated herein. In the event a conflict does
e~cist, the special conditions as enumerated herein shall apply.
15. That the approval is based upon Exhibit A, lst Revision, of 4-V-76,
~ except as modified by special conditions contained herein.
PASSED AND ADOPTED this 23rd day of August, 1976, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:.
~ AYES: Co~nissioners Gatto, Koenitzer, Woodward, Chairman Adams
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
o~_ /s/ Victor J. Adams
ames ft. Sisk Victor J. Adams, Chairman
Planning Director Planning Commission
i~
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r
.
CITY OF CUPERTINO
J•
10300 .Torre Avenue
Cupertino, California 95014
(408) 252-4505• ~
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE GRANTING 0~ A 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.residing or working.in the neighborhood of the
property which is the sub~ect 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
public welfare or injurious to the value of property or
improvements located in said sur'roundings;
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 be, and the same is, hereby recommended for approval to
the City Council of the City of Cupertino for appropriate action,
sub~ect 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, directed to notify the
parties affected by this decision.
(Continued on Page 2)
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