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Reso 443 80,000.6 6-v-67 RESOLUTION N0. ��3 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE DENIAL OF A VARIANCE to permit more than 20 units per lot and more than 16 units per gross acre. APPLICANT: Danica Komenovich (Frank Kohles� ADDRESS: 90 E. Gish Road, San Jose, California SUBMITTED: July 7, 1967 LOCATION: South side of Homestead Road, adjacent to easterly boundary of Homestead High School ZONE: R3-2.2 AREA.: 7.87 acres ----------------------------------------------------------------- FURTHER FINDINGS: None PASSED AND ADOPTED this l�th day of August, 1967, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Bryson, Frolich, Hirshon, Horgan and Buthenuth NAYS: None � AP 0 D : j� ��� n W. Buthenuth Chairman . Planning Commission ATTEST: l.�( �G� �K Adde Laurin Director of Planning -2- C T T Y 0 F C U P E R T I N 0 City Hall, 10300 Torre Avenue Cupertino, California 95014 Telephone: (�08) 252-�505 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 received 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 characteristics in the nature of the property to be affected, or that its loca- tion or its surroundings are such as will permit the Commission to make a determination �hat a literal enforcement of the Ordi- nance would result in practical d�fficulties or unnecessary hard- ships; and 2. That the granting of the ap��ication is necessary for the pre- servation 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 manner which it is proposed to b:e �sed will not be materially detri- mental 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 Cour"ic_��':c�f: the � C�ty of Cupertino; and BE IT FURTHER RESOLVED: That the findings quoted 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-