CC Resolution No. 4273 . .
~ RESOLUTION N0. 4273
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
GRANTING A VARIANCE TO JOSEPH C. AND KAREN S. SHEPELA
FROM SECTION 6.12 OF ORDINANCE 220(n) REDEFINING THE
FRONT PROPERTY LINE FOR SETBACK PURPOSES OF LOT N0. 11,
TRACT 5561, TO BE THE FRONTAGE ALONG THE MINOR CUL-DE-SAC
OF BAXLEY COURT; LOCATED AT 22054 BAXLEY COURT OR OTHER-
WISE COMMONLY REFERRED TO AS LOT 11, TRACT 5561
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 (6-V-76) be and the same is hereby approved, subject to
conditions in Planning Commission Resolution No. 1585, 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 4th day of October , 1976, by the following vote:
Vote Members of the City Council
AYES: Frolich, Nellis, 0'Keefe, Meyers
NOES: None
ABSENT: None
ABSTAIN: None
DISSENT: Jackson APPROVED:
/s/ Robert W. Mevers
Mayor, City of Cupertino
ATTEST:
/s/ Wm. E. Ryder
City Clerk
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. RESOLUTION N0. 1585 ~
~ OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO °
RECOMNIENDING APPROVAL FOR A VARIANCE FROM SECTION 6.12
OF ORDINANCE 220(n) REDEFINING THE FRONT PROPERTY LINE
FOR SETBACK PURPOSES OF LOT N0. 11, TRACT 5561, TO BE
THE FRONTAGE ALONG THE MINOR CUL-DE-SAC OF BAXLEY COURT
APPLICANT: Joseph C. and Karen S. Shepela
ADDRESS: 1514 Mallard Way, Sunnyvale, California 94087
SUBMITTED: September 3, 1976
LOCATION: South side of Baxley Ct. approximately 200 ft. westerly of the
intersection of Baxley Court and Linda Vista Drive - 22054
Baxley Court
FURTHER FINDINGS:
The Planning Commission finds that criteria necessary for the granting of
a variance have been fulfilled with respect to the request to orient the
front of the building to the widest lot line facing a public street. These
specif ic findings are as follows:
1. That there are exceptional or extraordinary circumstances applying
to the land in that an existing curb cut is oriented to the widest
lot line facing a public street which to relocate would be an
unnecessary burden or hardship on the property owner of this parcel.
2. That the granting of this application is necessary for the applicant
to properly preserve and en~oy the substantial property rights without
incurring unnecessary costs.
3. That the granting of this application will not materially affect
adversely the health or safety of persons residing or working in the
neighborhood of the property of the applicant and will not under the
circumstances of this particular case be materially detrimental to
the public welfare or injurious to property or improvements in said
neighborhood.
CONDITIONS:
1-14. Standard Conditions to the extent that they do not conf lict with the
special conditions enumerated herein. In the event a conf lict does
exist, the special conditions as enumerated herein shall apply.
15. That the approval is based upon Exhibit A, B and B, lst Revision,
~I of Application 6-V-76, as may be amended by additional conditions
contained herein.
16. That the requested front yard variance is not approved. The applicant
shall be required to set back a minimum of 25 ft. as provided for in
the conditions of approval for Application 3-TM-74.
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CITY OF CUPERTINO
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~ 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 applicatio.n; 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 materially affect adversely the health or safety
of pe.rsons.residing 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
public 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, 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 appropriatc 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, directed to notify the
parties affected by this decision.
(Continued on Page 2)
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6-V-.7 6
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Resolution No. 1585 (continued)
PASSED AND ADOPTED this 29th day of September, 1976, at a regular adjourned
meeting of the Planning Commission of the City of Cupertino, State of
California, by the following roll call vote:
AYES: Commissioners Blaine, Koenitzer, G?ood~aard, Chairman Adams
VAYS: None
ABSTAIN: None
ABSENT: Co~nissioner Gatto
APPROVED:
Victor J. Adams, Chairman
Planning Commission •
ATTEST:
• f,.:
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~ •
James H~. Sisk
Planning Director
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