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Reso 0854 C I T Y 0 F C U P E R T I N 0 City Ha11, 10300 Torr� Avenue Cupertino, California 95014 , Telephone ;408) 252-4505 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE DENIAL OF A VARIANCE WHEREAS the Planning Commission of the City of Cupertino re- ceived an application for a VARIANCE, as stated on Page 2, and WHEREAS the applicant has NOT met the burden of proof required to suppor his said application, and WHEREAS the Planning Commission finds that the application does NOT meet all of the following requirements: 1. That there are special conditions o� exceptional character- istics in the nature of the property to be affected, or that its location or its surroundings ar°e such as will per- mit the Commi�sion t�o make a determination that a literal enfo�rcement of the rdinance would result in practical difficulties or unn�cessary hardships; and 2. That the gr of the application is necessary for the preser°vation and enjoyment of substantial property rights, and ' 3. That the gr°anting of the application will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property which is the subject of the application, and that the use of said property in the manrser which it is proposed to be used will not be materially detrimental to the public welfare or injurious to the value of the property or improvements located in said sur NOW, THEREFORE, BE IT RESOLVED: That after careful consi�ler of maps, facts, exhibits and other evidence submitted in this matter, fihe application for the i/ARIANCE be, and the same is, her°eby NOT recommended for approval to the City Council of the City of Cupertino; and BE IT FURTHER RESOLVEDs That the findings q�;oted above and on Page 2 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) -1-