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PC Reso 1528 3-V-76 RESOLUTION NO. 1528 • OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN APPLICATION FOR VARIANCE FROM SECTION '6.12 and 10, ORDINANCE 220(n) SINGLE- IMO FAMILY RESIDENTIAL ZONE TO PERMIT A LOT TO FRONT ON A PRIVATE EASEMENT INSTEAD OF FRONTING ON THE NARROWEST PORTION OF THE LOT FACING A PUBLIC STREET, AS REQUIRED BY ORDINANCE. APPLICANT: DIVIDEND INDUSTRIES ADDRESS : 3600 Pruneridge Ave. , Santa Clara, California 95051 SUBMITTED: April 12, 1976 LOCATION: Within the southwest corner of the intersection of Janice Ave. and Stevens Creek Blvd. • CONDITIONS : 1-14. Standard Conditions to the extent that they do not conflict with the special conditions enumerated herein. In the event a conflict does exist, the special conditions as enumerated herein shall apply. 15. The approval is' based upon Exhibit A of 3-V-76. 16. The approval is predicated upon approval of tentative map Application 12-TM-76. O PASSED AND ADOPTED this 13th day of May, 1976, at an adjourned regular meeting of the Planning Commission, City of Cupertino, State of California, by the following roll call vote: • AYES: Commissioners Cooper, Koenitzer, Woodward, Chairman Adams NAYS : None ABSTAIN: None -1 ABSENT: Commissioner Gatto • • APPROVED: /s/ Victor J. Adams • Victor J. Adams, Chairman - Planning Commission • ATTEST: • /s/ Robert Cowan 410 Robert Cowan Assistant Planning Director • -2- CITY OF CUPERTINO 10300 Torre Avenue Cupertino , California 95014 (408) 252-4505 4111 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 ved an application for a Variance , as stated on Page 2 ; and WHEREAS the applicant has met the burden of proof required to sup- port his said application ; and WHEREAS the application shows : 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 enforce- ment of the Ordinance would result in practical difficulties or unnecessary hardships ; and 2 . That the granting of the application is necessary for the prervation and enjoyment of substantial property rights ; and 3 . That the hearings show that the granting of the application will not materially affect adversely the health or safety of persons residing or working iin the neighborhood of the property which is the subject of, the application , and that the use of said property in the manner in which it is pro- posed 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 ofimaps , facts , exhibits and other evidence submitted in this matter, the application for the Variance be , and the 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 2 ; and BE IT FURTHER RESOLVED : 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) 411 -1-I