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PC Reso 1392_2� CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 (408) 252-4505 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 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 Crdinance would result in practical difficulties or unnecessary hardships; and 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights; and 3. That the hearings show that the granting of the application w411 not materially affect adversely the health or safety of persons residing or working in 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 of maps, 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) -1-