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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 g:\mm\peresos\3v94d 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 g:\mm\peresos\3v94d