CC Resolution No. 4446 %
RESOLUTION N0. 4446
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
GRANTING A VARIANCE TO E. ALVAREZ AND SON CONSTRUCTION
FROM SECTION 10.3 OF ORDINANCE 220(n) TO ALLOW REDUCTION
OF REQUIRED SIDE YARD SETBACK ON THE STREET SIDE OF A
CORNER LOT FROM TWELVE FEET TO EIGHT FEET; LOCATED AT
20820 McCLELLAN 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-77) be and the same is hereby approved, subject to con-
ditions in Planning Commission Resolution No. 1682, 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 l8th_ day of ~nri1 , 1977, by the following vote:
Vote Members of the City Council
AYES: Jackson, Meyers, Nellis, 0'Keefe, Frolich
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Donald A. Frolich
Mayor, City of Cupertino
ATTEST:
/s/ Wm. E . Ryder
City Clerk
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~ 1-V-77
RESOLUTION N0. 1682
J OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOA4IENDING APPROVAL OF VARIANCE REQUEST FROM
SECTION 10.3 OF ORDINANCE 220(n) TO ALLOW REDUCTION
OF REQUIRED SIDE YARD SETBACK ON THE STREET SIDE OF ,
A CORNER LOT FROM T~TELVE FEET TO EIGHT FEET. ,
APPLICANT: E. Alvarez & Son Construction
ADDRESS: 20820 McClellan Road, Cupertino, California 95014
SUBMITTED: February 24, 1977
LOCATION: 20820 McClellan Road
FINDINGS:
Approval is recommended subject to the findings as set forth on Page 1.
FURTHER FINDINGS:
1. That there are exceptional or extraordinary circumstances or conditions
applying to the building referred to in the application,as it is
an existing structure which through minor modif ications will substantislly
conform with the setback requirements of the Rl zone. Additional modifi-
cation to force complete compliance with the side setback requirements
would impose an undue hardship on the property owner.
2. That the granting of the variance application is necessary to preserve
.the substantial property rights of the petitioner to reasonably utilize
and improve an existing single-family residence without unnecessary or~
undue personal expense. ~
3. That the granting of the application will not materially adyersely
affect the health, safety or welfare of persons residing or~working
in the neighborhood of the property of the applicant. That the location
of the building will not encroach within the 40 ft. sight distance
triangle which is required to ensure safe vehicular ingress;and egress
between public streets.
PASSED AND ADOPTED this llth day of April, 1977, 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, Gatto, Koenitzer, Markkula, Chairman Adams
NAYS: None
ABSTAIN: None ~ ~
ABSENT: None ~
ATTEST: APP ROVED:
,
C~~rCll~/~ / s/ V ic tor J. Adams ,
Robert Cowan Victor J. Adams, Chairman~
Assistant Planning Director Planning Commission ;
/ ~ ~ ~~~/7
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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 OF 9 VARIANCE
WHEREAS the Planning Commission of the City of Cupertino received
an application for a Variance, as stated on Page 2; and
~HEREAS the applicant has met the burden of proof required to sup-
port his said application; and '
WHEREAS the application shows:
1. 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 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 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, directed to notify the
parties affected by this decision.
(Continued on Page 2)
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