CC Resolution No. 5921 ~ ~
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RESOLDTION N0. 5921
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
GRANTING A VARIANCE TO MARK FANTOZZI FROM SECTION 8.5.1
OF THE R1 (RESIDENTIAL SINGLE-FAMILY) ZONING ORDINANCE TO
PERMIT A HEICHT OF 17 FT. 6 INCHES ON A DETACHED GARAGE
" IN LIEU 0~ THE MAXIMUM 15 FT. HEIGHT PERMITTED BY ORD-
' INANCE; LOCATED ON Tf{E WEST SIDE OF LINDA VISTA DRIVE
APPROXIMATELY 650 FT. SOUTH OF HYANNISPORT DRIVE BETWEEN
EWLICH COURT AND BAXLEY COURT AT 10915 LINDA VISTA DRIVE
IN A R1-7.5 ZONING DISTRICT
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 recoimnendations to the City Council;
NOW, TH~REFORE, BE IT RESOLVED that after careful consideration
of maps, facts, exhiMts and other evidence submitted in [his matter,
the appiication Eor the Variance ~z-~-BZ) be and the same is hereby
approved with the following conditions and findings:
CONDITIONS:
1-14. S[andard Conditions [o the extent that they do no[ conflict
with the special conditions enumerated herein. In the event
a conflict does exist, the special conditione enumerated herein
shall appiy.
15. The approval is based upon Exhibit A of Application 2-V-82
as may be amended by additional conditions contained herein. ~
FINDINGS:
1. That there are exceptional characteristics in the nature of the
proper[y due to the urchitectural characteristics of the existing
residential structure and that complementAry architectural treat-
ment to the detached accessory buiiding is desirable and tha[ the
literal interpreta[ion of this section of the ordinance will reaul[
in prac[ical difficulties.
2. The granting of [he variance is neceasary for the preservation and~
enjoyment of au6stantial property righta of the petitioner.
3. The variance will not materinlly affect adversely the health or
~ safety of peraons residing or working in the neighborhood and will
not be materially detrimental to public welfare or in~urious to
property or improvementa in said neighborhood.
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Res. No. 5921
BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed
to no[ify [he partles affected 6y this decision.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino [his 19th day of 1uly, 1982 by the following vote:
Vote Members of the City Council
AYES: Johnson, Plungy, Rogers, Sparks, Gatto
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
ayor, Ci[y of Cug t no
ATTEST: ~
City Clerk
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