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PC Reso 364 80,000.6 8-v-66 RESOLUTION N0 364 OF THE PI,ANNING CON�vIISSION OF THE CITY OF CUPERTINO RECOMMENDING TH�; GRAN�.C':LNU UF A VARIAATCE to allow a six (6) foot fence within the required s�de yard. APPLICANT: T.W. Schenk, 10390 Pineville Avenue,, and ' _ R.W. Lennen, 10�01 E. Estates Drive SUBMITTED: July 5 Zg66 LOCATIOP�1: Facino La Mar Drive, between Pinevillz Avenue and East Estates Drive ZONE: R1-10 -------------------------------------------------------------- FURTHER FINDINGS: 4. The fence as constructed does not restric� visibility at the corners. 5. The construction does not violate the spirit of the fence ordinance. PASSED A�TD ADOPTLD i�his 25th day of July, 1966 at a regular meeting of the Planning Commission of the City of Cupertin�, State of California, by the following roll call vo�e: AYES: Comm�ssioners Eryson, Buthenuth, Frolich, Horgan NAYS: Commissioner Hir�shon � _ APPROVED: /s! Jack T. Hirshon Chairman Planning Commission � ATTES T : , • i Gj� �c� � .,�. , � 4_ �./'. i .✓? �1i. Adde Lauriiz � Director of Planning -2- C I T Y 0 F C U P E R T I N 0 City Hall, 10321 South Saratoga-Sunnyvale Roa.d Cupertino, California �501� Telephone: (�08) 252-�5�5 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 two, and WHEREAS, the applicant has met the burden of proof required to support his said applicationf 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 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 grant�ng of the application i_s necessary for the preservation and enjoyment of substantial property rights- and 3. That the hearings show that the granting of the a.pplication 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 be used w:Lll not be materially detr�_- mental to the public welfare or unjurious 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 th� same is, hereby recommended for approval to the City Council of the City of Cupertino for appropriate action, subject to the conditions stated on page two; and BE IT FURTHER RESOLVED: That the aforementioned f indings are �pproved and adopted, a.nd � that thz Secretary be, and is hereby, directed to notify the parties affected by this decision. (continued on pa.ge 2) + i -1-