Reso 14v 6-V-97
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 14
OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
APPROVING A VARIANCE TO SECOND STORY SETBACK REQUIREMENTS
TO ALLOW A FRONT DORMER WINDOW
SECTION I: FINDINGS
WHEREAS, the Director of Community Development of the City of Cupertino has received an
application for a Variance, as described in Section IL. 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) There are exceptional circumstances applicable to this property, which are that it is the only two-
story home on Rae Lane without an upstairs window facing the hills, and it 'is impossible to install
a window without adding floor space.
2) The granting of the application is necessary for the preservation and enjoyment of substantial
property rights because the applicant does not enjoy the same benefits as adjacent, neighbors, and
the previously unobstructed rear views are adversely affected by new construction.
3) The granting of the application will not be detrimental or injurious or detrimental because adjacent
property owners have similar setbacks, and their are no privacy issues because the window faces
the street.
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 approved 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 6-V-97, as set forth in the Minutes of the Director of
Community Development. Meeting of January 6, 1998, and are incorporated by reference as though
fully set forth Herein.
N
Resolution No. 14 6-V-97 January 6, 1998
Page -2-
SECTION II: PROJECT DESCRIPTION
Application No.: 6-V-97
Applicant: Laurie and Larry Dean
Location: 22159 Rae Lane
SECTION III: CONDITIONS OF APPROVAL
1. APPROVED EXHIBITS
Approval is based on the site plan dated 9/25/97, elevations sheets 1 and 4, and floor plan.
PASSED AND ADOPTED THIS 6th of January, 1998, at a Regular Meeting by the Director of
Community Development of the City of Cupertino, State of California.
/s/ Robert Cowan
Robert Cowan
Director of Community Development
glplanning/resh&97