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Reso 003I-V-93 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 003 OF THE DIRECTOR OF COMMUNITY DEVELOPMENT APPROVING A VARIANCE TO ALLOW A FRONTAGE OF 17.9 FEET INSTEAD OF 60 FEET AS REQUIRED IN SECTION 19.06.50 OF THE ZONING ORDINANCE 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 I 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 Director of Community Development has held at least one Public Hearing on this matter; and WHEREAS, the Director of Community Development finds that the application satisfies the following criteria: 1) That there are special circumstances related to the land which does. not generally. apply to other properties in the same zoning district. The legally created parcel is unusual in shape and does not compare to typical cul-de-sac parcels, city-wide. 2) That the granting of the variance action is necessary for the preservation and enjoyment of substantial property rights. The parcel size is substantial (31,363 sq.ft.) and provides adequate building area for two Single family homes. 3) That the. Hearingrecord demonstrates that the granting of the Variance will not have a material, adverse impact upon the health or safety of persons residing in the neighborhood. The structures will meet the Uniform Building and State Fire Code. construction requirements. That the City Council finds that impact to adjoining property owners is significant enough to warrant the Parcel No. I be restricted to single story structures. The impacts are visual infringement of views to the hillsides and other open space areas. NOW, THEREFORE, BE IT RESOLVED That after caref -ul ' consideration of maps, facts, testimony, exhibits 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 I-V-93, as set forth in the Minutes of the Director of Community Development Meeting of May 25, 1993 and are incorporated by reference as though fully set forth herein. SECTION 11: PROJECT DESCRIPTION Application No.: I-V-93 Applicant: R & Z Development Property Owner: John Schault Location: North end of Adriana Avenue Resolution No. 003 (I-V-93) April 20, 1993 Page -2- SECTION III: CONDITIONS ADMINISTERED BY TBE DIRECTOR OF COMMUNITY DEVELOPMENT 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibit "A" , except as may be amended by the Conditions contained in this Resolution and becomes effective upon approval of the Tentative Map (1-TM-93). 2) SECOND STORY ELEMENT Parcel No. 1, as identified on Page 1 of the Tentative Map (1-TM-93), shall be restricted to a single story structures. The text is to be deed restricted for future, property owners notification. A separate legal document shall be drawn and approved by the City Attorney. Following approval, the document shall be recorded prior to or concurrently with the final map recordation. PASSED AND ADOPTED this 25th day of May, 1993 at a regular meeting by the Director of Community Development of the City of Cupertino, State of California. Isl Robert Cowan Robert Cowan Director of Community Development g:\ =\peresos\aprlv93 i 1-V-93 CITY OF CUPERTINO:, 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 003 OF THE DOCTOR OF ACOMMUNITY TY DEVELOPMENTT l'Pi�® RT�r. A VARIANCE TO ALLOW A ONl'AQ3E ®F 1 V FEET AS REQUIRE� IN SECTION GE OF Tl 'Z®ENO ®RINSTEA E OF60 FEET SECTION I: FINDINGS WHELEAS, the Director of Community Development of the Ci of Cupertino. Variance, as described on Page l of this Resolution; and � has received an application for a AREAS, the necessary public notices have been given in accordance Of Cope®' and the l�arector ®f Community Development has held at least one Public with the Procedural Ordinance of the City VI1IiE1tEAS; the Director of Community Development Iieaxing on this matter; and p nt finds that the applications satisfies the following criteria: 1) That 'mere are special circumstances related to the land which does notgenerally, in the same zonin apply to other, properties g district.: The legally created parcel is unusual> in shape and does not typical cul-de-sac parcels city-wide. compare to 2) That the granting of the variance action is necessary for the preservation Property rights. The,parcel sate is substantial (31,363 sq.ft.) and provides Adequate of substantial single family homes. . q e building area for _two 3) That the Nearing record demonstrates that the granting of the Variance impact upon the health or safetyof will not have a material, adverse persons residing in the neighborhood. The structures will meet the Uniform Building and State Fire Code construction requirements: 4) That the City Council finds that impact to ad'oinin prop Parcel RT®. °1 be restricted to single story striactures� The impacerly ts are rs Is, significant enough to warrant the hillsides and other open space areas: seal. iufi'ingeanent of views. to the NOW, THEREFORE, BE IT RESOLVED That after careful consideration of maps, facts, testimony, exhibits and other application for Varianceis hereby recommended for approval, sub`ect to th evidence submitted in this matter, the this Resolution beginning on Page 2 thereof; raid J e conditions which are enumerated in BE IT FURTHER RESOLVED: 2) SECOND STORE' ELEMENT Parcel No. 1, as identified On Page 1 of the 'Tentative Map (1-TM-93), shah be restricted to a single story strcutres. That; is text be deed restricted for future property owners notification. The recordation must be recorded prior to or concurrently with the final snap recordation. --------------- -----=--_--------_--_----_ _ PASSED AND ADOPTED this '25th day of May, 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 gAmm\peresos\aprlv93