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Reso 0906 C I T Y 0 F C U P E R T I N 0 City Hall, 1030Q Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE GRANTING OF A VARIANCE WHEREAS the Planning Commission of the City of Cupertino received an application for a VARIANCE, as stated on Page 2; and WHEREAS the applicant has met the burden of proof required to support his said application; and WHEREAS the application shows: l. That there are special conditions or exceptional charac- teristics in the nature of the property to be affected, or that irs location or its surroundings are such as will permit the Commission to make a determination that a lite�ral enfor°cement of the Ordinance would result in prac- tical dificulties or unnecessary hardships; and 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights; and � 3. That the hearings show that the granting 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 manner in which it is pro- posed to be used will not be materially detrimental to the public welfare or injurious to the value of property or improvements located in said surr°oundings; NOW, THEREFORE, BE IT RESOLVED: That after car°eful consideration of maps, facts, exhibits and other evidence submitted in this matter, the application for the VARIANCE be , and the same is, hereby recommended for ap- proval to the City Council of the City of Cupertino for appro- priate action, subject to the conditions stated on Page 2; and BE IT FURTHER RESOLVEDo That the aforementioned findings 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-