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Reso 1141 7-V-72 RESOLUTION N�J. 1141 OF THE PLANi�ING CO��iI5SI0N OF TI�E CITY OF CUPEKTINO RECOM1�i�NDING the approval c�f a variance to reduce ttie rear yard setback requirement for a Resilential, Tiultiple, family zone (R3-2.2) £rom t�aenty percent (20%) oi= 1ot depth to twenty (2Q) f eet in connection with a proposal to construct an 8-unit apartment building. APPLICANT: J. W. Loughlin ADDRESS: 10672 Deep �lifie Drive, Cupertino, California 95014 Si?BNIITTED: DecemUer 13, I972 LOCATION: Southeast corner of the intersectien of Stevens Canyon ltoad and Riverside Dri�,=e Z01VF.: R3-2.2 (Residential, ?�ultiple, 2, 200 sq. ft. per dwelling unit) ACFEAGE: .44+ acres ------------------�------------------------------------------------------------ CONDITIONS A�'D FURTHER FINDINGS: 1-14. 5tandard Con�itions PASSE� AND Ai)OPTED this 8th day of :ianuary, 1.°73, at a re�ular meetin� of the `=1�nn?na Commission o= tl�e City of Cupertin�, State of Calitornia, by the fol- lo�.�ing roll call vote: t1Y�:S: Commissioners Adams, Gatto, N�llis, 4'Keefe NAYS : Chairrnan Buthenuth A.BSTAINING: None ABSENT; i3one APPRO�ED: John �+T. Bu thenu th y Chairrnan � ATTEST: Planning Cummiss�on - __/ . _� / _ �� � Tames H. Sis� Planning Director - 2-- � C I'T Y 0 F C ll P E R T i N 0 City Hall, 10300 Torre Avenuc Cupertino, California s5o14 Telephone:� (40�) 252-4505 RESOLUTION OF THE PLANNING C�MMISSION OF THE C17Y OF CUPERTINO RECOMMENDi+��G iHE GRANTING OF A VARIANCE WHEREAS th� Planning Commission of the City of Cupertino receivec! a� application for a VI�RIANCE, as stated �n Page 2; � and WHEREAS the applicant has met the burden of proof required to support his said application; and WHEREAS thc application shows: 1. That there are special conditions or exceptional ch�rac- teristics in the �ature of the property to be affected, or that irs location or its surroundings a�°e. such as will permit the Commissi�n to make a determinati�n that a literal enf�rcement of the Ot would result in prac- fical dificultie� or unnecessa� hard.�hips; and 'L. That the gra�ting of the application is necessa;ry for the preservation and enjoymer�t of substantial property rights; and � 3. That the hear i ngs sho�N that tt�e grant i ng of the app 1 i cat i or� will not materially affect adver�ely the health �r safety of persons residing or v�.�orking in the neighborha�d of thz property wh i ch i s the subj ect of the app 1 i cat i on, a��d that the use of said property in t�e marner in which it is pr�- posed t� be used will not be materially detrimental to the public welrar�e or injurio�!� to the value �f property or improvements l��cated in said surroundings; NOW, THEREFORE, BE 1T RESOLVED: That after careful con�ideratio� of maps, facts, exhibits and other evidence submitted in thi� matter, the application for the VAr� I ANCE be , ancl t��e same i s, hereby recommended for ap- proval to ti�e C i ty Counc i 1 of the C i ty of Cupert i no for° appro- pr i ate act i on, sub j ect to the cond i t, i or�s s tated �n Page 2; and BE I T FURTHER R ESOI_VED ; That the aforementioned findirgs ar� ap{�roved and adopted, and that the Secretar be, and is hereby, dir�cted to notify the parties affected by this decision. (Continued on Page 2) -1-