PC Reso 326 �^.., C�0 6
File r1o: 1-V-6G
����.%��Ji':LOi�T �d0. 32b
Oi TH� �LAN�TII�TG COP�II�I7_SST01�T OF THL CITY Ol+' CUPEF;TINO.P1`
R�COt�iP•'�iVllING THE DENIAL OF A VARIANCE t.o re��ace re,,�ired side
yard.
APP.LICANT: Ste�hen Che�bay
ADDRESS 1565 The Alameda, San Jose, California
SUB1�l ITTED: January 24, 1�6b
LOC<��TTON: Salem Avenue and Alpine Drive
ZO�v�: R3-2.2� AREA: 1/3 acre
r
FURTHER FINDINGS:
None
FASSED A�,TD ADOPTED this l�th day of February, 1�66 at a regular
meetin.g of the Plannin.g Commission of the City o� Cupertino,
S�Late oi California, by the following roll call vote:
AYES: Cor���ission�zs Frolich, Hirshon, Horgar�, Traeumer, Johnson
NAYS : 1`�one
APPROVED:
/s/ Rober� C. Johnson
Chairman, Plannir?g Comm.ission
ATTEST:
!� /�[%
,._,fi' •..�.Q Cc.�J n.
Aclde Laurin
Director of Planning
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CITY OF CUPERTINO
City Hall, 10321 South Saratoga-Sunnyvale Road
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
received an application for a VARIANCE, as stated on page two; and
WHEREAS, the applicant has NOT met the burden of proof required
to support his said application;
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 permit the Commission
to make a determination that a literal enforcement of the Ordinance
would result in practical difficulties 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 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 ap-
plication, and that the use of said property in the manner which it
is proposed to be used will not be materially detrimental to the
public welfare or injurious to the value of 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 RESOLVED:
That the findings quoted above and on page two 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) •
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