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Reso 1121 C I 1� Y 0 F C U P E R T i N 0 City Hall, 10300 Torre Avenue Cupertino, California 95014 Telephone: � ( 252-4505 RESOLUTION OF 1�HE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDivG THE GRANTING OF A VARIANCE WHEREAS the Planning Commission of the City of Cupertino received ae� apptic�tion for a VARIANCE, a5 stated Qn Page 2; � and WHEREAS the applicant has mEt the burden of pr�oof required to support his said application; and WHEREAS the application shows: 1. That there are special conditions or exceptional charac- teristics in the nature of the pronerty to be affec�_ed. or that irs location or its surroundings are such as will permi t the Cr�mm i ss i or� to �r�ake a determ i nat i on that a literal enforcement of the Ordinance would resutt in prac- fical dificulties or unnecessary hardships; and 2. That the grar�ting of the application is neces�a�ry for t.he preservati�n and en;oyment of substantial property rights; and 3. That the hearings show that the c�ranting of the application will not materially affe�ct adver�ely the health or safety of persons residing or wor°king in the neighborh��d of the praperty which is the subject of the applicat�on, and that the u�e of said property in the marner in which it is �ro- posed t� be used will not be materially detrimental to the public welfare ar injuriou� to the value of property or improvements I�cated in said sur�oundings; NOW, THEREFORE, BE !T RESOLVED: That after careful cor�� i derat i or� o�F inaps, fact�, exh i b i ts and other evidence submitted in thi� matter, the application for the VARIANCE be , and t�e sa�r�e is, r�ereby recommended for ap- proval to fihe City Council of the City of Cupertino for° appro- priate action, subject to the condit,ions stated on Page 2; and BE I T FURTHER RESOLVE�J a That the aforEmentioned findings 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-