CC Resolution No. 4296 [ ~
RESOLUTION N0. 4296
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO •
GRANTING A VARIANCE TO GEORGE KING AND JAMES BERRY FROM
ORDINANCE 002(q), SECTION 3.3, TO PERMIT REQUIRED PARKING
TO BE LOCATED IN THE FRONT SETBACK AREA; LOCATED NORTHER-
LY OF AND ADJACENT TO ALPINE DRIVE OPPOSITE OASIS COURT
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;
NOi1, THEREFORE, BE IT RESOLVED that after careful consideration of maps,
facts, exhibits and other evidence submitted in this matter, the application '
for the Variance (8-V-76) be and the same is hereby approved, subject to
conditions in Planning Commission Resolution No. 1595, 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
• ~ . 1 ~
8-V-76
RESOLUTION N0. 1595
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTIN~
RECOMMENDING DENIAL OF VARIANCE RF.QUF.ST FROM ~RDINANCE .
002(q), SECTION 3.3, TO PEP.rIIT REQUIRED PARKING T.0 RE
LOCATED IN THE FRONT SETBACK AREA.
APPLICANT: George King and James Berrv ~
ADDRESS: 1Q350 South De Anza Blvd., Cupertino, California 95014
SUBMITTED: September 17, 1976
LOCATION: East :~ide of Alpine Drive opposite flasis Court, Lot K., Tract 2769,
La Cresta Unit 2.
FURTHER FINDINGS:
1. The applicants failed to meet the requirements set forth hv lac~ f~r the
granting of a variance.
PASSED AND ADOPTED this~~lth'day of.October, 1976, at a regular meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: Commissioners Blaine,Koenitzer, Woodward, Chairman Adams .
NAYS: Commissioner Gatto ~
ABSTAIN: None '
ABSENT: None - .
APPRQVED: ~
a
~ fc/ Victor J. AdamG
Victor J.,Adams, Chairman
Planning Commission .
~ ATTES'T : ~
James H. Sisk ~
Planning Director L ~ ~ ~
h, ~
/L/ ~ ~
a .
. r
C I T Y 0 F C U P E R T I N 0
City Hall, 10300 Tor+"e Averue
Cupertino, California 95~14 •
. Te~lephone: ;408j 252-4505
RESOLUTION OF iHE PLANNING COMMISSION OF THE CITY OF,CUPERTINO
RECOMMEND~NG THE DENIAL OF A VARIANCE
WHEREAS the Planning Commission of the City of Cupertino re-
ceived an ~pplication 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 finds 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 sur•roundings are ~uch as will per-
mit the Commi~sion t~o rrake a determination that a literal
enforcement of the rdinance would result.in practical
difficultie~ or ur~n~cessary hard~hips; and
2. That the granting of the application is necessary for the
preserva~tic;~ and~enjoyment of substantial property rights,
and .
. 3. That the granti~ng of the appli.cation will not materially
affect adversely the health or safety of persons residing
or working in th~ r.eighborhood of the property which is
~ the sub j ect of the app 1 i cat i on, ar~ci that the use of sa i cl
property in the manr~er ti~hich it is proposed to be used
w~i 1 1 not be mater i al 1 y detr imental to the pub 1 i c~,vel fare
or injurious to the value of the property or improverrents
located in said surroundings.
NOW, THEREF~RE, BF IT aESOLVED:
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, hereoy NOT recommended for
approval to the City Council of the City of Cupertino; and
BE IT FURTH~R RESOLVED: ~
That the findings q~oted 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.
(Continued on Page 2)
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