CC Resolution No. 9143
RESOLUTION NO. 9143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO GRANTING A VARIANCE FROM SECTION
19.28.060 OF THE CUPERTINO MUNICIPAL CODE TO ALLOW A
7 FT. SECOND STORY SIDE YARD SETBACK AT 21821
OAKVIEW LANE (APPLICATION 3-V-94)
WHEREAS, the applicant has met the burden of proof required to support his/her
said application; and
WHEREAS, the Planning Commission, after duly noticed public hearings, has
forwarded its recommendations 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
variance (3-V-94) be approved with the following conditions and findings:
FINDINGS:
I. That there are extraordinary or exceptional circumstances or conditions applicable
to the property involved that do not apply generally to properties in the same
district..
2. That granting of the variance is necessary for the preservation and enjoyment of
substantial property rights of the applicant, and to prevent unreasonable property
loss or unnecessary hardship; and
3. That granting of the variance will not be detrimental or injurious to property or
improvements in the vicinity and will not be detrimental to the public health,
safety, and general welfare, or convenience, and to secure the purpose of the title
CONDITIONS:
I. APPROVED EXHIBITS
The approval is based on Plans 1-3 undated and Plans 1-3 showing 3 ft. offsets.
Resolution No. 9143
Page 2
BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to
notif'y the parties affected by this decision.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 5th day of July, 1994, by the following vote:
~
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bautista, Burnett, Dean, Sorensen, Koppel
None
None
None
ATTEST:
APPROVED:
/s/ Kim M. Smith
City Clerk
/s/ Barbara Koppel
Mayor, City of Cupertino
resoluti/res9143.doc