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Reso 0012-V-93 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 001 OF THE DIRECTOR OF COh&MUNI Y DEVELOPMENT APPROVING A VARIANCE TO THE ZONING ORDINANCE: SECTION 19.15, SIDE YARD SETBACKS AND SECTION 19.19.30, SECOND UNITS 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 1 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 CommunityDevelopment 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 proposed use, a detached second unit. It is a, promoted use citywide and an allowed use in this zoning district. 2) That the granting of the variance action is necessary for the preservation and enjoyment of substantial property rights. The promotion of the use citywide outweighs the cost of the structural modifications. 3) That the Hearing record 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. Due to the overwhelming neighbor testimony, there would be no decrease in property values. Also, that the structure will be brought up to uniform building code for safety purposes. NOW, THEREFORE, BE IT RESOLVED That after careful consideration of snaps, 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 FURTBER 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 2-V-93, as set forth in the Mutes of the Director of Community Development Meeting of April 7, 1993 and are incorporated by reference as though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: 2-V-93 Applicant: Bangalore R. Natarajan Property Owner: Bangalore R. Natarajan Location: 21450 Columbus Avenue Resolution No. 001 (2-V-93) April 7, 1993 Page _2_ SECTION III: CONDITIONS ADMINISTERED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT MMMMM�f 1' . Within 60 days of this approval; the property owner shall begin corrective measures on said structure to meet Uniform Building Code requirements. These structural changes shall be coordinated through and to the satisfaction of the Building Department. 2. FIRE CODE The property owner shall coordinate with the Central Fire District in completing any required permits and building modifications to their satisfaction. 3. SANITARY DISTRICT The property owner shall complete all. requirements as outlined in Cupertino Sanitary District letter of 3/5/93 and other requirements to the satisfaction of the District. 4. CHAPTER 19.19 e CUPERTINO MUNICIPAL CODE The building shall meet all provision of Chapter 19.19, except those provisions exempted from this decision. Special attention shall be paid to Section 19.19.060 with regard to architectural compatibility between the principle structure and the second duelling unit. PASSED AND ADOPTED this 7th day of April, 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 gAmmlperesos\aprM3 M