Reso 0093-V-94
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 009
OF THE DIRECTOR OF COMMUNITY DEVELOPMENT DENYING A VARIANCE TO ALLOW A 7 FT. SECOND
STORY SIDEYARD SETBACK INSTEAD OF APPROXIMATELY 10 FT. AS REQUIRED FOR SINGLE FAMILY
RESIDENTIAL ZONES (SECTION 19.28.060 OF THE MUNICIPAL CODE)
SECTION I: FINDINGS
WHEREAS, the Director of Community Development of the City of Cupertino has received an application for a Variance,
as described on Page 1 of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of
Cupertino, and the Planning Commission has held at least one Public Hearing on this matter; and
WHEREAS, the Applicant has failed to meet the burden of proof required to support the application, and has not satisfied
the following criteria:
1) That there are exceptional or extraordinary circumstances or conditions applying to land, building or use referred
to in the application, which circumstances or condition do not apply generally to land, buildings and/or uses in the
same district.
2) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights
of the petitioner.
NOW, THEREFORE, BE IT RESOLVED
That after careful consideration of maps, facts, testimony, exhibits and other evidence submitted in this matter, the
application for Variance is hereby recommended for Denial by the Director of Community Development of the City of
Cupertino; and
BE IT FURTHER RESOLVED:
That the subconclusions upon which the fmdings specified in this Resolution are based are contained in the Public Hearing
record concerning Application 3-V-94, as set forth in the Minutes of the Director of Community Development Meeting of
May 10, 1994 and are incorporated by reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 3-V-94
Applicant: Roy & Yvonne Hampton
Property Owner: Roy & Yvonne Hampton
Location: 21821 Oakview Lane
PASSED AND ADOPTED this loth day of May, 1994 at a regular meeting by the Director of Community Development of
the City of Cupertino, State of California.
/s/ Robert Cowan
Robert Cowan
Director of Community Development
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3-V-94
CITY OF CUPERTINO
10300 Torre Avenue
µ Cupertino, California 95014
RESOLUTION No. 009
OF THE DIRECTOR OF COMMUNITY DEVELOPMENT DENYING A VARIANCE TO ALLOW A 7 FT. SECOND
STORY SIDEYARD SETBACK INSTEAD OF APPROXIMATELY 10 FT. AS REQUIRED FOR SINGLE FAMILY
RESIDENTIAL ZONES (SECTION 19.28.060 OF THE MUNICIPAL CODE)
SECTION I: FINDINGS
WHEREAS, the Director of Community Development of the City of Cupertino has received an application for a Variance,
as described on Page 1 of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of
Cupertino, and the Planning Commission has held at least one Public Hearing on this matter; and
WHEREAS, the Applicant has failed to meet the burden of proof required to support the application, and has not satisfied
the following criteria:
1) That there are exceptional or extraordinary circumstances or conditions applying to land, building or use referred
to in the application, which circumstances or condition do not apply generally to land, buildings and/or uses in the
same district.
2) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights
of the petitioner.
NOW, THEREFORE, BE IT RESOLVED
That after careful consideration of maps, facts, testimony, exhibits and other evidence submitted in this matter, the
application for Variance. is hereby recommended for Denial by the Director of Community Development of the City of
Cupertino; and
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings specified in this Resolution are based are contained in the Public Hearing
record concerning Application 3-V-94, as set forth in the Minutes of the Director of Community Development Meeting of
May 1.0, 1994 and are incorporated by reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 3-V-94
Applicant: Roy & Yvonne Hampton
Property Owner: Roy & Yvonne Hampton
Location: 21821 Oakview Lane
PASSED AND ADOPTED this loth day of May, 1994 at a regular meeting by the Director of Community Development of
the City of Cupertino, State of California.
Robert Cowan
Director of Community Development
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