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Reso 40764-V-88 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUMON NO. 4076 OF THE PIANNING CCM=ICN OF THE CITY OF CUPERITNO RE0319MING APPROVAL OF A VARIANCE CH PARCEL B FRCM ORDINANCE NO. 1374, SECITON 7.2, TO ALUM A 56.6 FT. IDT WI= IN LIEU OF ME MINI14M REQUIRED 60 FT. SE=CN 1: WHUMM, the Planning Commission of the City of Cupertino has received an application for a Variance, as described on Page 2 of this Resolution; and ;MREAS, the necessary notices have been given in accordance with the Procedural ordinance of the City of Cupertino, and one or more Public Hearings have been held by the Planning Cmmissicn; and WAEREAS, the Planning comnissian finds that the application satisfies the following criteria: 1) not them are special conditions or exceptional characteristics in the nature of the property to be affected, or that its location or its mxromilings are such as will permit the Ccomission to rake a determination that a literal enforcement of the Ordinance would result in practical difficu-Ities or unnecessary hardships. 2) niat the granting of the variance action is necessary for the preservation and enjoyment of substantial property rights. 3) abat the Hearing record demonstrates that the granting of the variance will not have a material, adverse impact upon the health or safety of persons residing or working in the neighborhood of the property. Further, the manner in which the property will be used subsequent to inplementation of the variance action will not be vaterially detrimental to the public welfare or injurious to the value of property or inprovements located in the the vicinity of the property affected by said variance. I SUM M M Z' M To 1 7-43MI��� nmt after careful cormideraticn of uaps, facts, exhibits, testimany and other evidence sulmdtted in this matter, the application for variance is hereby recommended for approval, subject to the conditions which are 0=mrat9d in Ulis Resolution beginning on Page 2 thereof; and