CC Resolution No. 4231
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RESOLUTION N0. 4231
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
GRANTING A VARIANCE TO WAYNE LEVENFELD FROM SECTION 10.3
OF ORDINANCE N0. 220(n) TO ALLOW REDUCTION OF REQUIRED
SIDE YARD SETBACK FROM TWELVE (12) FEET TO ONE AND ONE-
HALF (1.5) FEET SO AS TO ALLOW THE CONSTRUCTION OF A SIX
FOOT FENCE WITHIN 1.5 FEET OF THE SIDE PROPERTY LINE;
LOCATED AT 10120 PHAR LAP DRIVE
WHEREAS, the applicant has met the burden of proof required to support
his said application; and
WHEREAS, the Planning Commission, after duly noticed public hearings, has
forwarded its recommendation to the City Council;
NOW, THEREFORE, BE IT RESOLVED that after careful consideration of maps,
facts, exhibits and other evidence submitted in this matter, the application
for the Variance (5-V-76) be and the same is hereby approved, subject to
conditions in Planning Commission Resolution No. 1566, attached hereunto as
Exhibit "A".
BE IT FURTHER RESOLVED that the report,,.of findings attached hereto is
approved and adopted, and that the City Clerk be and is hereby directed to
notify the parties affected by this decision.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 16th day of August , 1976, by the following vote:
Vote Members of the City Council
AYES: Frolich, Jackson, 0'Keefe, Meyers
NOES: None
ABSENT: Nellis
ABSTAIN: None
APPROVED:
/s/ Robert W. Mevers
Mayor, City of Cupertino
ATTEST:
/s/ Wm. E. Ryder
City Clerk
5-V-76
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~ RESOLUTION N0. 1566 ' ~
OF THE PL,ANNING COMMISSION OF THE CITY OF CUPERTINO ' -
RECOMMENDING THE APPROVAL OF A VARIANCE FROM SECTION
10.3 OF ORDINANCE N0. 220(n) TO ALLOW REDUCTION OF
REQUIRED SIDE YARD SETBACK FROM TWELVE (12) FEET TO
ONE AND ONE-HALF (1.5) FEET SO AS TO ALLOW THE CON-
STRUCTION OF A SIX (6) FT. FENCE WITHIN 1.5 FT. OF
THE SIDE PROPERTY LINE.
APPLICANT: Wayne Levenfeld ~
ADDRESS: 10120 Phar Lap Dr., Cupertino, California 95014
SUBMITTED: July 16, 1976
LOCATION: Within the southwest corner of Phar Lap Drive and Oakdell Place
FURTHER FINDINGS: •
The existence of a large oak tree on the property represents an extraordinary
circumstance relating to the petitioner's property and the granting of the
variance will not detrimentally affect neighboring property owners or the
general public. ~
CONDITIONS:
1-14. Standard Conditions
15. That this approval is based on Exhibit A, except as modified by
special conditions contained herein.
PASSED AND ADOPTED this 9th day of August, 1976, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote: .
AYES: Commissioners Cooper, Woodward, Chairman Adams
NAYS: None
ABSTAIN: Cotmnissioner Koenitzer
ABSENT: Commissioner Gatto
APPRODED:
/s/ Victor J. Adams
~ Victor J. Adams, Chairman
Planning Commission
ATTEST:
e~•~a~n .
Robert Cowan
Assistant Planning Director ,
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CITY OF CUPERTINO '
10300_Torre Avenue
Cupertino, California 95014
(408) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE GRANTING OE A VARIANCE
WHEREAS the Planning Commission of the City of Cupertino received
an application for a Variance, as stated on Page 2; and
WHEREAS the applicant has met the burden of proof required to sup-
port his said application; and
WHEREAS the application shows:
1. Tha~ there are special conditions or exceptional character-
istics in the nature of the property to be affected, or that
its location or its surroundings are such as will permit the
. Commission to make a determination that a literal enforce-
ment of the Ordinance would result„in practical difficulties
or unnecessary hardships; and .
2. That the granting of.the application is necessary for the
preservation and enjoyment of substantial property rights;
and
3.. That the hearings show that the granting of the application
will not material~Iy affect adversely the health or safety
of pe,rsons.residin.g or working in the neighborhood of the
property which is the subject of the application, and that
the use of said property in the manner in which it is pro-
posed to be used will not be materially detrimental to the
public welfare or injurious to the value of property or
improvements.located~in said surroundings;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and ~
other evidence submit.ted in this matter, the application for the
Variance be, and the same is, hereby recommended for approval to
the City Council of the City of Cupertino for appropriate action,
subject to the conditions stated.on Page 2; ~snd
BE IT FURTHER RESOLVED:
That the aforementioned findings are approved and adopted, and
that the Secretary be, and is hereby, directed to notify the
parties affected by this decision.
• (Continued on Page 2)
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