Reso 003I-V-93
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 003
OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
APPROVING A VARIANCE TO ALLOW A FRONTAGE OF 17.9 FEET INSTEAD OF 60 FEET
AS REQUIRED IN SECTION 19.06.50 OF THE ZONING ORDINANCE
SECTION I: 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 Director of Community Development has held at least one Public Hearing on this matter; and
WHEREAS, the Director of Community Development finds that the application satisfies the following criteria:
1) That there are special circumstances related to the land which does. not generally. apply to other properties
in the same zoning district. The legally created parcel is unusual in shape and does not compare to
typical cul-de-sac parcels, city-wide.
2) That the granting of the variance action is necessary for the preservation and enjoyment of substantial
property rights. The parcel size is substantial (31,363 sq.ft.) and provides adequate building area for two
Single family homes.
3) That the. Hearingrecord demonstrates that the granting of the Variance will not have a material, adverse
impact upon the health or safety of persons residing in the neighborhood. The structures will meet the
Uniform Building and State Fire Code. construction requirements.
That the City Council finds that impact to adjoining property owners is significant enough to warrant the
Parcel No. I be restricted to single story structures. The impacts are visual infringement of views to the
hillsides and other open space areas.
NOW, THEREFORE, BE IT RESOLVED
That after caref -ul ' consideration of maps, facts, testimony, exhibits and other evidence submitted in this matter, the
application for Variance is hereby recommended for approval, subject, to the conditions which are enumerated in
this Resolution beginning on Page 2 thereof, 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 Hearing record concerning Application I-V-93, as set forth in the Minutes of the Director
of Community Development Meeting of May 25, 1993 and are incorporated by reference as though fully set forth
herein.
SECTION 11: PROJECT DESCRIPTION
Application No.: I-V-93
Applicant: R & Z Development
Property Owner: John Schault
Location: North end of Adriana Avenue
Resolution No. 003 (I-V-93) April 20, 1993
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY TBE DIRECTOR OF COMMUNITY DEVELOPMENT
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibit "A" , except as may be amended by the Conditions
contained in this Resolution and becomes effective upon approval of the Tentative Map (1-TM-93).
2) SECOND STORY ELEMENT
Parcel No. 1, as identified on Page 1 of the Tentative Map (1-TM-93), shall be restricted to a single story
structures. The text is to be deed restricted for future, property owners notification. A separate legal document
shall be drawn and approved by the City Attorney. Following approval, the document shall be recorded prior
to or concurrently with the final map recordation.
PASSED AND ADOPTED this 25th day of May, 1993 at a regular meeting by the Director of Community
Development of the City of Cupertino, State of California.
Isl Robert Cowan
Robert Cowan
Director of Community Development
g:\ =\peresos\aprlv93
i
1-V-93
CITY OF CUPERTINO:,
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 003
OF THE DOCTOR OF ACOMMUNITY
TY DEVELOPMENTT
l'Pi�® RT�r. A VARIANCE TO ALLOW A ONl'AQ3E ®F 1 V FEET
AS REQUIRE� IN SECTION GE
OF Tl 'Z®ENO ®RINSTEA E OF60 FEET
SECTION I: FINDINGS
WHELEAS, the Director of Community Development of the Ci
of Cupertino.
Variance, as described on Page l of this Resolution; and � has received an application for a
AREAS, the necessary public notices have been given in accordance
Of Cope®' and the l�arector ®f Community Development has held at least one Public
with the Procedural Ordinance of the City
VI1IiE1tEAS; the Director of Community Development Iieaxing on this matter; and
p nt finds that the applications satisfies the following criteria:
1) That 'mere are special circumstances related to the land which does notgenerally,
in the same zonin apply to other,
properties
g district.: The legally created parcel is unusual> in shape and does not
typical cul-de-sac parcels city-wide. compare to
2) That the granting of the variance action is necessary for the preservation Property rights. The,parcel sate is substantial (31,363 sq.ft.) and provides Adequate
of substantial
single family homes.
. q e building area for _two
3) That the Nearing record demonstrates that the granting of the Variance
impact upon the health or safetyof will not have a material, adverse
persons residing in the neighborhood. The structures will meet the
Uniform Building and State Fire Code construction requirements:
4) That the City Council finds that impact to ad'oinin prop
Parcel RT®. °1 be restricted to single story striactures� The impacerly ts are rs Is, significant enough to warrant the
hillsides and other open space areas:
seal. iufi'ingeanent of views. to the
NOW, THEREFORE, BE IT RESOLVED
That after careful consideration of maps, facts, testimony, exhibits and other
application for Varianceis hereby recommended for approval, sub`ect to th evidence submitted in this matter, the
this Resolution beginning on Page 2 thereof; raid
J e conditions which are enumerated in
BE IT FURTHER RESOLVED:
2) SECOND STORE' ELEMENT
Parcel No. 1, as identified On Page 1 of the 'Tentative Map (1-TM-93), shah be restricted to a single story
strcutres. That; is text be deed restricted for future property owners notification. The recordation must be
recorded prior to or concurrently with the final snap recordation.
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PASSED AND ADOPTED this '25th day of May, 1993 at a regular meeting by the Director of Community
Development of the City of Cupertino, State of California.
Robert Cowan
Director of Community Development
gAmm\peresos\aprlv93