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CC Resolution No. 4595 ~ • ~ RESOLUTION N0. 4595 A RESOLUTION OF THE CITY COUNCIL OF TflE CITY OF CUPERTINO GRANTING A VARIANCE TO MAY INVESTMENT COMPANY, FROM SEC- TION 9.3 OF ORDIN~NCE N0. 575 TO REDUCE THE MINIMUM LOT WIDTH REQUIREMENT FROM SEVENTY FEET TO SIXTY-SI% FEET; LOCATED EASTERLY OF AND AAJACENT TO TERRY WAY AT ITS SOUTHERLY TERMINUS WHEREAS, the applicant has met the burden of proof required to support his said applica[ion; and WHEREAS, the Planning CoQUnission, after duly noticed public hearings, has forwarded its recommendation [o the City Council; ~IOW, THEREPORE, BE IT RESOLVED that after careful consideration of maps, facts, e:chibits and other evidence submitted in this macter, the application for the Variance (4-V-77) be and the same is hereby approved, subject to conditions in Planning Commission Resolution No. 1747, 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 7th day of vovember , 1977, by [he following vote: Vote Members of the City Council AYES: Jackson, Meyers, Nellis, Frolich YOES: :~one ~BSENT: 0'Keefe ABSTAIN: vone APPROVED: 1 ~ ~-o--e~-~4. ayor, City of Cupertino ATTEST: Ci[y C erk r • CITY OF CUPERTIVO ~ 10300 Torre aveaue ' Cupertino, California 95014 (408) 252-4j05 ~ RESOLUTZOY OF THE PL~YYIVG COK~ISSIOV OF TAE CITY OF CUPERTIVO RECOMKENDIYG THE GRAYTIVG OF ~ VARI~YCE WHEREaS che Planniag Comaission of the Cicy of Cupertino received an application for a Variance, as stated on Page Z; and WHEREaS the applicaat has met the burdea of proof required co sup- port his said applicatioa; and WHEREaS the application shovs: 1. That there are special cond±cions or exceptional character- istics ia the nature of the property to be affecced, or that its location or its surroundings are such as will permit the Commission to make a determination that a literal enforce- menc of che Ordiaance would result in practical difficulties or unnecessary hardships; aad 2. That the granting of the application is aecessary for the preservation and enjoyment of substantial proper[y rights; aad 3. That the heariags ehow that the graa[ing of che application vill not materially affect adversely the health or safety of persons residing or working in che neighborhood of the property Which is the subject of the application, and that the use of said property in the manner in which i[ 1s pro- posed to be used will not be materially detrimencal to the public aelfare or iajurious to the value of property or improvemeate located in said surroundings; vOW, THEREFORE, BE IT RESOLV~D: That after careful consideration of maps, facts, exhibits aad other evidence submitted in this matcer, the apolication for the Variaace be, and the same is, hereby recommended for approval to the Citv Council of the City of Cupertino for appropriate action, subject to the conditlons stated on Page 2; and BE IT FURiHER RESOLVED: That the aforementioned findings are approved aad adopted, and that the Secretary be, and is hereby, directed to notify the parties affected by this decision. (Concinued on Page 2) -1- 6f~~qa~,~~~ ~~9! 4 i 4-V-77 ~ i ~ ' ~ZESOLUTION N0. 1747 OF THE PLANNING COMMISSION OF THz CITY OF CUPERTI:10 , ~ RECOhL`!E.*7DING THE APPBOVaI, OF a Va.RIa.YCE ':0 c2EDL'CE ! THE KI:IIMU1`i LOT WIDTfi FOR TWO DUPL~'{ LOTS FRO21 i 70 Ff. TO 66.3 and 67 FT. ' ~ APpLIG1NT: May Investment Company ( aDDRESS: 21060 Homestead Road, Cupertino, California 95014 SUBMZTTID: September 8, 1977 LOCATION: Easterly of and adjacent to Terry Way ac its sautherly terminus FINDINGS: I Approval is reco~ended subject to the findings as set forth on Page 1. i FIJRTHER FINDINGS The Ca~ission further finds that the existing duplex development pattera on the lot represents aa e~ccepcional circumstaace and therefore the variance request is justified. necSID aND ADOPTED this lOth day of October. 1977, at a regular meeting of the Planning Co~ission of the Cicy of Cupertino, State of California, by the folloviag roll call vote: aYES: Commissioners Adams, Blaine, Gatto, :tarkkula, Chairman Roenitzer NAYS: None ABSEIT: None ABSTAIN: None ?,PPROVED: i ~ /s/ R. D. Koenitzer R. D. Roenitzer, Chairnan Planning Commission i ATTEST: ~ I Robert S. Covan . ~sistant Planning Director oL~"''~^"~:1-c-' 99 ~ , ' ~u'@t~~j~i~'~ ~