Reso 4061•6,
3 V-88
�i
CITY OF CUPERTINO
10300 Torre Avenue
Cimino, California 95014
RESOMTION No. 4061
OF THE PIANNING -CMMSSION OF - TEE CITY OF CUPEE=0
RECCM4DMING DENIAL OF AWRIANCE FROM SECTIONS 10.2
AND 10.1 OF ORDIt CE 179 TO ALLOW A STORY STRUC= IN
LIEU OF THE PEWn= TWO STORIES AND REDUCTION OF FIRST
AND SEMNDFLOOR REAR SEAM
SECTION Io FINDINGS
wS, the Planning Commission of the City of Cupertino has received an
application for a Variance, as descries on Page 2 of this Resolution; and
wE, the necessary public notices have been given in accordance with
the Procedural Ordinance of the City of Cupertino,, and the Planning
Commission has held at least one Public Hearing on this matter; and
MMASj, the Applicant has failed to meet the burden of proof rec i to
support the application, and has not satisfied the following criteria:
1) That there are serial conditions or exceptional characteristics in
the nature of the property -affected by the application, or that its
location or surroundings are such as will permit the Commission to
make a determination that li.teral enforcement of the Ordinance would
result in practical difficulties or unnecessary hardships,- and
2) That granting of the Variance is necessary for the preservation and
enjoyment of substantial property rights® and
3) That granting of the Variance will not not puce a materially
adverse affect upon the health or safety of persons residing or
working in the neighborhood of the property which is the subject of
this application, and that the use of said property in the manner
which it is p will not be materially detrimental to the
public welfare or injurious ,to the value of the property or
improvements locate in said surroundings.
NOW, THEREFORE, BE IT RESOLVED
That after careful consideration of maps, facts, testimony, exhibits and
other evidence Witte in this matter, the application for Variance is
hereby reced for Denial by the City Council of the City of
Cupertino; and