Reso 2967 2-EXC-86
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2967
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN EXCEPTION FROM ORDINANCE NO. 686,
SECt'ION 16.28.040.2, TO ALLOW A FENCE TO ENCROACH
INTO THE REQUIRED FENCE SETBACK AREA.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino has received an
application for an Exception, as described on Page 2 of this Resolution;
and
WHEREAS, the necessary notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission
has held one or more Public Hearings on this matte; and
WHEREAS, the applicant has met the burden of proof required to support the
application, and has satisfied the following requirements:
1) Literal interpretation of the provisions of the Ordinance from which
an Exception has been sought will result in inconsistencies with the
spirit and intent of said Ordinance. In the subject case, an
exception is necessary to protect the applicant's privacy and will
help prevent public access to the swimming pool in the applicant's
back yard.
2) Granting of the Exception will not result in a condition which is
materially detrimental to the public health, safety or welfare.
3) The Exception to be granted will require the least modification of
prescribed regulations and the minimum variation that will
accomplish the purpose for which the Exception is sought.
4) The Exception will not result in a hazardous condition for
pedestrian and vehicular traffic.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other
evidence submitted in this matter, the application for Exception is hereby
approved; 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 Record concerning
Application 2-EXC-86, as set forth in the Minutes of the Planning
Commission Meeting of October 13, 1986 and are incorporated by reference
as though fully set forth herein.
PLANNING COMMISSION RESOLUTION NO. 2967 (2-EXC-86) OCI'OBER 13, 1986
PAGE - 2 -
II. APPLICANT DESCRIPTION
Application No(s) 2-EXC-86
Applicant: Russ and Paula Lu
Property Owner: Same
Location: 22250 Varian Way, southeast corner of
Varian Way and Ainsworth Drive
III. CONDITIONS OF APPROVAL
1. Approved Exhibit
The approval is based on Exhibit A of Application 2-EXC-86, except
as may be amended by special conditions enumerated herein.
2. Permitted Encroachment
The street side yard fence may be placed on the property line
adjacent to Ainsworth Drive.
3. Fence Height
The applicant shall comply with provisions of the Fence Ordinance
governing maximum fence height. These provisions permit a maximum 8
ft. fence along Ainsworth Drive, subject to the issuance of a
building permit.
4. Landscape
The applicant shall provide and maintain landscaping between the
fence and public right-of-way sidewalk subject to staff approval.
11
PLANNING CESSION RESOLUTION NO. 2967 (2-EXC-86) OCTOBER 13, 1986
PAGE - 3 -
PASSED AND ADOPTED this 13th day of October, 1986, at a regular meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES:
NAYS:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
/s/ Robert S. Cowan /s/ Nicholas Szabo
Robert S. Cowan Nicholas Szabo, Chairman
Planning Director Planning Commission
RES2EXC86(BB)lvm