Reso 0081-V-94
CITY OF CUPERTINO
10300 Torre Avenue Cupertino, California 95014
RESOLUTION No. 008
OF THE DIRECTOR OF COMMUNITY DEVELOPMENT APPROVING A VARIANCE TO
SECTION 19.28.060 OF THE CUPERTINO MUNICIPAL CODE, TO ALLOW A 9 FT. FIRST FLOOR SIDEYARD SETBACK
AND 14 FT. AND 12 FT SECOND STORY SIDEYARD SETBACKS TO A SINGLE FAMILY HOME
SECTION 1: 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 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 1-V-94, as set forth in the Minutes of the Director of Community Development Meeting of April 19, 1994
and are incorporated by reference as though fully set forth, herein.
SECTION II: PROTECT DESCRIPTION
Application No.: I-V-94
Applicant: Lotus Development and Construction Company
Property Owner: Same
Location: 10484 San Fernando Avenue
SECTION III: CONDITIONS OF APPROVAL -
1. APPROVED EXHIBITS
The recommendation of approval is based on the project plan set dated October 18, 1993 and April 1993 (2 sheets), except as
may be amended by the conditions contained herein:
2. SECOND STORY WINDOWS
A maximum 3 ft.by 5 ft. corner windows, as shown on the approved exhibit, shall replace the south facing window on
bedroom 2.
4 a a regular meeting b the Director of Community Development of the
PASSED AND ADOPTED this 19th day of April, 1.99 t h' p
P Y p g g Y
City of Cupertino, State of California.
/s/ Robert Cowan
Robert Cowan -
Director of Community Development
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