CC Resolution No. 5326 ~i \
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~ RESOLUTIDN N0. 5326
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
GRAIiTING A VARIANCE TO RICHARD AND MARY SHERMAti FROM SEC-
TIONS 8.3 (SIDE YARD SETBACK) AbTD 8.4 (REAR YARD SETBACK)
OF ORDINANCE 991 TO PERMIT A 9 FT. SIDE YARD SETBACK IN
~ LIEU OF 10 FT. A:ID 16 FT. REAR YARD SETBACK It7 LIEtJ OF 25
FT. AS REQUIRED BY THE ABOVE ORDINANCE FOR ~ TWO-STORY
j BUILDING; L::C~TED AT 10595 ORAIvGE TREE LANE
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j WHERF.IS, the appl'_cant has met the burden of proof required to support
I his said application; vac
t~I:EREAS, the Planning Commission, after duly noticed public hearings,
has forwarded its recommendations to the City Council;
:lOW, THEREFORE, BE IT RESOLVED that after careful consideration of aaps,
facts, exhibits and other evidence submitted in this matter, the application
~ for the variance (2-V-80) be and the same is hereby approved, subject to conditions
j in Planning Commission Resolution No. 2097, attached hereunto as Exhibit "A".
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" 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 AYD ADOPTED a[ a regular meeting of the City Council of the
Ci[y of Cupertino chis 1 th day of June , 1980 by the following vote:
~ Vote :lembers of the Citv Council
AYES: Gatto, Plungy, Sparks. Rogers
~ NOES: None
ABSENT: None
ABSTaIi1: None
APPROVED:
ATTEST: ~ayor, City of Cuper e~
City Clerk
' 2~V~80 Exhibit °An I
• ~ • Res. No. 5326
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RESOLUTION N0. 2097
~ OF TSE PLANNINC COPIliISSION OF THE CITY OF CUPERTINO ~
RECOrQSENDING DENIAL OF A oARIANCE FAOM SECTIONS 8.3
I_ AND 8.4 OF ORDINANCE N0. 991 TO ALLOW A 9 FT. SIDEYARD
i• SETBACR IN LIEU OF lU FT.. AND A 16 FP. REARYARD SETBACK
j IN LIEQ 0£ 25. Ff. F4R THE UPPER LEVEL OF A 1W0-STORY BUZI.DING.
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APPLICAN'P: Richard J. fi Mary FJ. Sherman
, ADDEtESS: 10595 Orange Tree Laae, Cupertiao, CA 95014
: SUBMITTID: May 2, 1980
LOCATION: Wesc side of Orange Tree Lane approximately 400 ft. northerly
(siz lots north) of lSerritt Drive. (10595 Orange Tree Laae)
FINDINGS:
aoplicant has not demonstrated that extraordiaary circ~staaces exist
Which necesaitace the proposed variance.
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PASSID AHD ADOPTID [his l~th day of June, 1980, at a regular meeting of the
Planning Co~isaion of the City of Cupertino. State of California, by the
folloving roll call vote:
AYES: Co~ittea Members: Adams, Blaina, Claudy, Johnaon and Chairman Koenitzer ,
NAYS: " " None
ABSTAIN: " " None
ABSENT: " " None
?.PPROVED :
/s/ R. D. I:oeaitzer
R. D. ICoenicizer, Chalrman
Planning Co~isaion
ATTEST:
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Robert Cowan I
Assistant Planning Director I
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