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Reso 005y 4-V-93 CITY OF CUPERTINO e 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 005 Or TILE DIRECTOR OF COMMUNITY DEVELOPMENT APPROVING A VARIANCE TO THE ZONING ORDINANCE: SECTION 19.28.060 OFF THE CUPERTINO MUNICIPAL CODE, TO ALLOW A 5 FT. SECOND STORY SIDE YARD SETBACKS TO A SINGLE FAMILY HOME 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 meet the burden of proof required to support the application, and has satisfied the following criteria: 1) 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. 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 approval 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 4-V-93, as set forth in the Minutes of the Director of Community Development Meeting of August 10, 1993 and are incorporated by reference as though fully set forth herein. ' SECTION II: PROJECT DESCRIPTION Application No.: 4-V-93 Applicant Charsen Development Company Property Owner: Charsen Development Company Location: Rainbow Drive and Charsen Lane. SECTION IIr: CONDITIONS OF APPROVAL 1. APPROVED EXHIBITS The recommendation'of approval is based on the project plain set dated May 25, 1993 (6 sheets), except as may be amended by the conditions contained herein. PASSED AND ADOPTED this 10th day of August, 1993 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 `� gAmm\06resoMv93a 4J1i1..11v1V 1. r11yL11y �� 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 meet the burden of proof required to support the application, and has satisfied the following criteria: 1) That there are extraordinary or exceptional circumstances or conditions applicable to the property involved that do riot . 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 grid will not be detrimental to the public health, safety, and general welfare, or convenience, and to secure the purpose of the title. 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 approval 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 4-V-93, as set forth in the Minutes of the Director of Community Development Meeting of August 10, 1993 and are: incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 4-V-93 Applicant: Charsan Development Company Property Owner: Charsan Development Company Location: Rainbow Drive and Charsan Lane SECTION III: CONDITIONS OF APPROVAL I. APPROVED EXHIBITS The recommendation of approval is based on the project plan set dated May 25, 1993 (6 sheets), except as may be amended by the conditions contained herein. PASSED AND ADOPTED this 10th day of August, 1993 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:V=\peres0s\4v93a