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Reso 0964 C I T Y 0 F C U P E R T I N 0 City Hall, 10300 T�rr� 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 support 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 or exceptional character- istics in the nature of the property to be affected, or that its location or its surroundings are such as will per- mit the Commission �o make a determination that a literal enforcement of the rdinance would result in practical difficulties or unn�cessary hardships; and 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights, and 3. That the gran�ing 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 manr�e� which it is proposed to be used wil.l 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 submitted in this matter, the application for the VARIANCE be, and the same is, hereby NOT recommended for approval to the City Council of the City of Cupertino; and BE IT FURTHER RFSOLVED: � 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-