CC Resolution No. 6075•
RESOLUTION NO. 6075
` A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
GRANTING A VARIANCE TO NORMAN DELUCCHI FROM SECTION 8.2
OF THE ZONING ORDINANCE TO PERMIT A FRONT YARD SETBACK OF
15 FT. IN LIEU OF 20 FT. REQUIRED BY ORDINANCE, LOCATED
ON THE, WEST SIDE OF SCOTLAND DRIVE APPROXIMATELY 100 FT.
NORTH OF KINGSBURY DRIVE (1165 SCOTLAND DRIVE) IN A R1-6
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 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-83) be and same is hereby approved,
subject to conditions in Planning Commission Resolution No. 2390, 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 18th day of April 1983 by the following
vote:
Vote Members of the City Council
AYES: Johnson, Plungy, Rogers, Sparks, Gatto
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/`'1
- )Ve
- 94-
Mayor, ity of Cupert no
ATTEST:
Cit Clerk
1-V-83
RESOLUTION NO. 2390
OF THE PLANNING CO:@IISSION OF THE CITY OF CUPERTINO
RECOMIEHDING APPROVAL OF A VARIANCE FROM SECTION 8.2
OF THE RESIDENTIAL SINGLE-FAMILY ZONING ORDINANCE TO
PERMIT A 15 FT. FRONT YARD SETBACK IN LIEU OF 20 FT.
REQUIRED BY ORDINANCE.
APPLICANT: Norman Delucchi
ADDRESS: 1165 Scotland Drive, Cupertino, CA 95011,
SUBMITTED: March 14, 1983
LOCATION: [Jest side of Scotland Drive approximately 100 ft. north of
Kingsbury Drive (1165 Scotland Drive).
The Planning Commission finds that the variance is warranted based on the
following findings:
FINDINGS:
1. That there are extraordinary circumstances or conditions applicable
to the lot (odd pie -shaped) and placement of the building on the
property which are not normally found within other parcels or buildings
within the zone.
2. That the granting of the variance is necessary for the preservation of
a substantial property right.
3. That the granting of the variance will not be detrimental to the
health, safety or welfare of residents or homes within the neighborhood.
CONDITIONS:
1. Exhibit A of Application 1-V-83 and the Applicant's Letter of `larch 14, 1983.
2. That the existing garage shall be converted back to a garage space with
the potential for parking two vehicles as outlined in the applicant's
letter of ttarch 14, 1983.
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PASSED A14D ADOPTED this llth day of April, 1983, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: Commissioners Binneweg, Blaine, Claudy, Koenitzer and Chairman Adams
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST:
/s/ James H. Sisk
James 11. Sisk
Planning Director
APPROVED:
/s/ Victor J. Adams
Victor J. Adams, Chairman
Planning Commission
VARIANCE
FINDINGS AND SUBCONCLUSIONS
WHEN RECOMMENDING THE GRANTING OF A VARIANCE THE PLANNING COMMISSION SHALL
MAKE ALL OF THE FOLLOWING FINDINGS:
1. That there are special conditions or exceptional characteristics
in the nature of the property to be affected, or that its loca-
tion or its surroundings are such as will permit the Commission
to make a determination that a literal enforcement of the Ordinance
would result in practical difficulties or unnecessary hardships;
and
2. That the granting of the application is necessary for the preserva-
tion 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 persons
residing or working in the neighborhood of the property which is
the subject of the application, and that the use of said proper.ry
in the manner in which it is proposed. 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.
ADDITIONALLY, AS A PART OF THE CO`64ISSION'S ACTION, SL'RCONCLUSIONS IN
SUPPORT OF THE ABOVE FINDINGS SHALL BE MADE ORALLY, THUS BECOMING A PART
OF THE RECORD, PRIOR TO FINAL VOTE ON -THE APPLICATION.
WHEN RECOMMENDING THE DENIAL OF A VARIANCE, THE COMMISSION SHALL ADDRESS
ALL OF THE ABOVE FINDINGS. IF THE COMMISSION IS UNABLF TO `LAKE ONE OR
MORE OF THE FINDINGS, THE RE=1MENDATION MUST BE FOR DENIAL. SUBCONCLUSIONS
IO SUPPORT OF THE ABOVE FINDINGS SHALL BE MADE ORALLY, THUS BECOMING A PART
OF THE RECORD, PRIOR TO FINAL VOTE ON THE APPLICATION.
1-20-77