Reso 0072-V-94
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 007
OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A VARIANCE TO ALLOW A 57' SIDE YARD SETBACK INSTEAD OF
15' ON A SECOND STORY, AS REQUIRED FOR SINGLE FAMILY RESIDENTIAL ZONES (SECTION
19.28.060 OF THE CUPERTINO MUNICIPAL CODE
SECTION I: FINDINGS
WHEREAS, the Planning Director of the City of Cupertino has received an application for a Variance, as
described on Page I of this Resolution; and
WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance of the City of
Cupertino, and one or more Public Hearings have been held by the Planning Director; and
WHEREAS, the Planning Director finds that the application satisfies the following criteria:
A. 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. It would be extraordinary to require the applicant to have a building
design that does not resemble the other two stories in the area.
B. That the granting of the application is necessary for the preservation and enjoyment of substantial
property rights of the petitioner. That the floor plan is such that the only way an effective layout can be
achieved is through a variance.
C. That the granting of such application will not, under the circumstances of the particular case, materially
affect adversely the health and safety of persons residing or working in the neighborhood of the property
of the applicant and will not, under the circumstances of the particular case, be materially detrimental to
the public welfare or injurious to property or improvements in said neighborhood. Morning shadowing
will occur for short period onto the adjoining property west. No adverse health affect will occur.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the
application for variance is hereby recommended for approval, subject to the conditions which are enumerated in
this Resolution beginning on Page 2, thereof, and
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings and conditions specified in this Resolution are based are
contained in the Public Hearing record concerning Application 2-V-94 as set forth in the Minutes of the Planning
Director's meeting of March 22, 1994 and are incorporated by reference as though fully set forth herein.
SECTION II PROJECT DESCRIPTION
Application No.: 2-V-94
Applicant: Ernesto and Pat Yanez
Property Owner: Ernesto and Pat Yanez
Location: 8173 Presidio Drive
Resolution No. 007 (2-V-94) March 22, 1994
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT
1. PLANS APPROVED
The variance is granted as shown on Plan Sheet No. 1 (Site) and 2 (Elevations) dated February, 1994. The
Floor Plans dated March 22, 1994, are attached to show volume of floor area.
PASSED AND ADOPTED this 22nd day of March, 1994 at a Regular Meeting of the Planning Director of the
City of Cupertino, State of California:
ATTEST:
RLkep A ro-'°
Robert Cowan
Director of Community Development
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