CC Resolution No. 3531
RESOLUTION NO. 3531
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
GRANTING A VARIANCE TO STUART KADAS TO INCREASE THE NUM-
BER OF PERlUTTED STORIES FOR A SINGLE-FAMILY RESIDENTIAL
STRUCTURE FROM TWO STORIES TO THREE STORIES. SAID PRO-
PERTY IS LOCATED AT 11476 LINDY PLACE
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 (7-V-73) be and the same is hereby approved, sUDject to
conditions in Planning Commission Resolution No. 1194, 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 1st day of October ,1973, by 'the following vote:
AYES:
Councilmen - Frolich, Jackson, Meyers, Sparks, Irwin
NOES:
Councilmen - None
ABSENT:
Councilmen - None
APPROVED:
:J¡ii%/J-
yor, City of upertino
ATTEST:
City
·
Exhibit "A"
Res. No. 3531
7-V-73
Rl:SC'I.UTION NO, 119/,
01:' 'lli¡~ PL1\N~rU~C; CO:-l.'lISSIO:'; OF 1'111: CT'l'Y OF CUPFL'!'Ti\l)
l:¡·:CO:¡:H·:ND1UG Till': UFNI.Ar. OF ¡\ V/--Hr:·.::cl': TO L~Cg!''¡\Jf'~
'fIlE ~:ü~'mER OF PFTì·llTTED SlûjnE~; fOR A ,~:e;C1.¡':-f "\H.LY
l~ESIDt':NTIAL :)T!ÜíCTU¡~E Fl(,(~:'1. THO STOlUES 1'0 'l'ILU':f';
"TOR rES.
ZON¡'~ ~
S ttwrt ).1. K:dc:"
16~)r) So. Sar:ltog;1-Sunnyvalc Rd., if/f, San Jose 95129
July 27, 1973
Ncar the terminus of Lindy Pli.lc(~, more specifically the ûudt"ess
is 11476 Linuy Place
Rl-lO (Residential, Single-family, 10,000 sq. ft. pel' tlwelling unit)
Ai"VLICANT:
,\1)!:l:";SS:
SIJ E'íJ.TTED:
LOC;\'1'lON:
----------.------------.----------------------------------------.------------------
FURTHER FINDINGS:
1. The application failod to satisfy the criteria set forth by ordinance
relative to the approval of a variance.
--- -- - ----- - -- ------- ----- ---- - --- - -- --- -- ---- - -- - -- ------ --.--- - ------- ---- ~~--_.-
PASSED Ai'\D I\D01?TED this 13th day of August, 1973, at a n:.:gular meeting of
the Planning Corcì.:nission of the City of Cupertino, State Df Cal]_fornia, by
the following roll call vote:
AYES:
NAYS:
AJJSTAINING:
ABSENT:
Commissioners Adams, Gatto, O'Keefe, Buthenuth
Commissioner Nellis
None
None
APPROVED:
--
John W. ßuthenuth, Chairman
Planninl~ Cor'~mission
ATTEST:
P iì' -~- (
'--.J.~~3.!:.?",\ ___D:íA.J.:ÇJ..!'11
Robert S. Cm>¡an
Associate Pl.1.nncr
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Cli, OF CUPERTINO
City Holl. 10300 Tor,.ç Avenue
Cupertino, California 95014
Telephone~ (408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOt~MEND!NG THE DENIAL OF A VARIANCE
WHEREAS the Planning Commission of the City of Cupertino re-
ceive~ an appl ication for a VARIANCE, as stated on Page 2, and
WHEREAS the appl icant has NOT met the burden of proof required
to support' his said appl ication, and
WHEREAS the Planning Commission finds that the appl ication does
NOT meet all of the following requirements:
I. 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 per-
mit the Commission 60 make a determination that a literal
enforcement of the rdinance would result in practical
difficulties or unnêces5ary hardships; and
2. That the granting of the application is necessa.y for the
preservation and enjoyment of substantial property rights,
and
3. That the granting of the application will not materially
affect adve,sely the health or safety of pe,sons residing
or working in the neighborhood of the property which is
the subject of the appl ication. and that the use of said
property in the manGe, which it is p,oposed to be used
wil1 not be materially detrimental to the public welfare
or injurious to the value of the property or improvements
located in said surroundings.
NOW, THEREFORE, BE IT RESOLVED:
Tha~after careful consideration of maps, facts, exhibits and
other evidence submitted in this matter, the appl ication for
the VARIANCE be, and the same is, hereby NOT recommended for
approval to the City Council of the City of Cupertino; and
BE IT FURTHER RESOLVED:
That the findings quoted above and on Page 2 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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