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CC Resolution No. 8760 RESOLUTIOO 00 8760 A RESOllJI'IOO OF '!HE CITY COONCIL OF '!HE CITY OF CUPERTINO APPRO\TING VARIANCE '10 ORDINANCE 00. 1449, SEcrIOO 8.4, '10 REDUCE '!HE SEO:I!ID S'IDRY FRONT, SIDE, AND REAR YARD SE'lBACKS; VARIANCE '10 SEcrIOO 8.2 '10 INCREASE FliXJR AREA RATIO; VARIANCE '10 SEcrlOO 8.5 '10 EXCEED HEIGHT; PROPERTY LOCATED AT 10050 CRESCENT ROAD (PARACnl DESIGN GROOP) WHEREAS, the applicant has met the burden of proof required to support his said application; and WHEREAS, the Planning Ccmnission, after duly noticed public hearings, has fo:rwarded its reoc:mœndations to the City Council. tOV, THEREFORE, BE IT RESOLVED that after careful consideration of maps, fact, exhibits and other evidence sutrnittecl in this matter, the application for the Variance (4-V-92) be and the same is hereby approved with the following f.ilJdings and conditions: F.ilJdings: 1. That there are exceptional circumstances applying to the land, use and building referred to in the application which do not apply generally to land, buildings or uses in the SaIœ district. 2. That granting of the application is necessary for the presenration and enjoyment of substantial property rights of the petitioner . 3. That granting of the Variance will not affect adversely the health and safety of the CXIIII1l.1IlÌty, or produce econanic injury to the subject neighborhood. Conditions: I. 'lhe variance is granted subject to ramval of the deck on the third level. 2. 'lhe trees at the northeasterly boundary of the property shall be retained. 3. If the above IæIltioned trees need to be trinmed or pruned at any time in the future, approval DUlSt be granted by the Director of Ccmnunity Developnent. The intent is to provide privacy protection to the neighboring property located to the northeast. RESOllJI'ICN W. 8760 BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to notify the parties affected by this decision. PASSED AND AOOPI'ED at City of CUpertino this following vote: a regular neeting of the City Council of the 21st day of September , 1992, by the vote Members of the city Council AYES: Dean, Goldman, Koppel, Szabo, Sorensen WES: None ABSENT: None ABSTAIN: None /s/ Lauralee Sorensen Mayor, City of CUpertino ATI'EST: /s/ Roberta A. Wolfe City Clerk