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Reso 1117 C I T Y 0 F C U P E R T I N 0 City Hall, 10300 Torre Avenue Cupertino, California 95014 Telephone: `408) 252-4505 RESOLUTION OF �HE 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 Plan�ing Commission finds that the application does NOT meet all of the fo1lowing �equirement�: l. That the�e a�e special conditions o� exceptional character- istics in the natu.re of the property �o be affected, or that its location o� its surroundings are �uch as will per- mit the Commi�sion �o make a determination that a literal enforcement of the rdinance would result in practical difficultie� or unn�ces�a�y hard�hips; and 2. That the gra�ting of the application is necessary for the preservation and enjoyme�t of substa�tial property rights, and 3. That the granti�g of the application will not materially affect adve�sely the health or safety of persons residing or working in the neighbo�hood of the p�operty which is the subject of the application, and that the use of said property in the ma�r►e� which it is proposed to be used will not be materially detrimental to the public welfare or inju�ious to the value of the property or improvements located in said su�roundings. ' NOW, THEREFORE, BE IT RESOLVED> That after careful consi�eration 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 RESOLVEDe That the findings q�oted above and on Page 2 are approved and adopted, and that the Secretary be, a�d is hereby, directed to notify the partie� affected by this decision. (Continued on Page 2) -1�