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Reso 259 File No.: 9-V•65 RESOLUTION N0. 259 OF THE PLANNING C01�1AiISSIQN OF THE CITY OF CUPERTINO RECO1��Il�iENDING THE GRANTING OF A VARIANCE to move a fence three (3) feet into the yard along Bonnie Drive. APPLICANT: I�r. �, A�rs. Richard V. Elms, Jr. ADDRESS: 20840 Pepper Tree Lane, Cupertino, California 95014 � SUBPy1ITTED : :�arch 26 , 196 S LOCATION: 20840 Pepper Tree Lane ZONE: R-1 continue rom age CONDITIONS AND FL'RTHER FINDINCS: None PASSED AND ADOPTED this 26th day of April, 1965, at a regular meeting of the Planning Commission of the City Cupertino, State of California,� by the following roll call vote: AYES: Commissioners - Frolich, �iirshon, Johnson, Srr�all NAYES: Commissioners - Traeumer, Gates ATTEST: APPROVED: (.� C.��Q o��-t�c r i�t.�l, � e aurin ac ates Di.rector of Planning Chairman, Planning Cvmmission C I T Y 0 F C U P E i T 1 N 0 City Hall, 10321 South Saratoga-S��nnyva.le xoad Cupertin�, Californ�.a 9501�+ Telephone (!�08) 252 RESOLUTION OF THE PLANNING COMMISSION OF TF1� CITY OF CUPERTINO RECOM- N�NDING TI-� GRAN�.PING OF A VARIl�NCE , WHEREAS, the Planning Commission o� the City of Cupertino received an application for a VARIANCE, as stated on page two; and WHEREAS, the applicant has met the burden of proof reauired to support his said app�ication; and WHEREAS, the application shov�ls: 1. That there are special conditi�ns or exceptional characteris- tics in the nature of the property to be affected, or that it's loca- tion, or it's surroundings are such as will permit the Commission to make a determination that a literal enforcement of the.Ordinance would result in practical diff iculties or unnecessary hardships; and 2. That the granting of the �pplication is necessary for the preservation and enjoyment of substantial pr�oper�ty rights; and 3. That the hearin�s show that the granting of the upplication - will not mater�ally affect adversely the health or safet,y of persons residing or v�Torking in the nei�hborhood of the property ti�Thich is the sub,ject of the application, and that the use of said property in the manner which it is proposed to be used will not be materially detri- mental to the public welfare or injurious tothe value of property or improvements located in said surroundings; NOW, TH�REFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits and other evidence submitted in this matter, the ai��lication for the VARIANCE be, an�. the sGme is, hereby recommended for approval to the City Council of the City �f Cupertino for appropriate action, subject to the conditions stated on page �VTOy and BE IT FURTHER RESOLVED: That the aforementioned findings are �pproved Und adopted, and that the Secretary be, and is hereby, directed to notify the parties affected by this decision. (continued on page 2) -1-