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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