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Reso 0945 C� T Y 0 F C U P E R T I N� City Hall, 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 � RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND6NG THE DENIAL OF A VARIANCE WHEREAS the Planning Commis�ion 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 support his said application, and WHEREAS the Planning Commission find� that the application does NOT meet all of the following requirements: 1. That there are special conditions or exceptional character- istics in the nature of the proper°ty to be affected, or that its location or° its surro�andings are such as will per- mit the Commi�si�n t� make a determination that a literal enforcement of the rdinance would result in practical difficulties or unn�ce�sary hard�hips; and 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights, and 3. 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 cnanrser 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 surroundings. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits and other evidence �ubmitted in this matter, the application for the VARIANCE be, and the same is her NOT recommended for approval to the City Councit of the City of Cupertino; and BE IT FURTHER RESOLVED: That the finding� quoted above and on Page 2 are approved and ' adopted, and that the Secretary be, ar�d is hereby, directed to notify the par°ties affected by this decision. (Continued on Page 2) -l�