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Reso 14v 6-V-97 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 14 OF THE DIRECTOR OF COMMUNITY DEVELOPMENT APPROVING A VARIANCE TO SECOND STORY SETBACK REQUIREMENTS TO ALLOW A FRONT DORMER WINDOW SECTION I: FINDINGS WHEREAS, the Director of Community Development of the City of Cupertino has received an application for a Variance, as described in Section IL. 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 meet the burden of proof required to support the application, and has satisfied the following criteria: 1) There are exceptional circumstances applicable to this property, which are that it is the only two- story home on Rae Lane without an upstairs window facing the hills, and it 'is impossible to install a window without adding floor space. 2) The granting of the application is necessary for the preservation and enjoyment of substantial property rights because the applicant does not enjoy the same benefits as adjacent, neighbors, and the previously unobstructed rear views are adversely affected by new construction. 3) The granting of the application will not be detrimental or injurious or detrimental because adjacent property owners have similar setbacks, and their are no privacy issues because the window faces the street. 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 approved 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 6-V-97, as set forth in the Minutes of the Director of Community Development. Meeting of January 6, 1998, and are incorporated by reference as though fully set forth Herein. N Resolution No. 14 6-V-97 January 6, 1998 Page -2- SECTION II: PROJECT DESCRIPTION Application No.: 6-V-97 Applicant: Laurie and Larry Dean Location: 22159 Rae Lane SECTION III: CONDITIONS OF APPROVAL 1. APPROVED EXHIBITS Approval is based on the site plan dated 9/25/97, elevations sheets 1 and 4, and floor plan. PASSED AND ADOPTED THIS 6th of January, 1998, 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 glplanning/resh&97