Reso 032 •
• File No.. 5 - Variance
PLANNINe Gui'Nzc5TON nI5OL;.;TTON WO. 30
411)
WHEREAS, the Planning Comm ssIi1u on of the City of Cupertino received the
application of canelli �c .varas
for a VARIANCE for construction of two story buildings where Ord-
inance 144 (Revised) allows one story.
; and
WHEREAS, the applicant ham, has not, met the burden of proof
required to support his said application.
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 v , not be,
and the same . IP: is not, hereby recommended for approval to the City !~�
Council of the City of Cupertino for appropriate action, . subject to the terms
and conditions which are attached hereto and made a part hereof as Exhibit "Z.
BE IT FURTH.tht RESOLVED:
That the report of findings attached hereto approved and adopted, and
that the Secretary be, and is hereby, directed to notify the parties affect-
ed by this decision.
PASSED AND ADOPTED by the Planning Commission of the City of Cupertino,
State of California, this 07th- day of December , 19 60, by
the following roll call vote:
AYES: Commissioners, Adamo, Small, Snyder; Leonard
NOES: Commissioners, None
ABSENT: Commissioners, Bagar;- Fitch, Rampy
/s/ Burrel Leonard
Chairman of the Planning Commission
Attest:
-1-
/s/ Lawrence K.. Martin
Secretary of the Planning Commission
c
7
File No. 5 - Variance
110
REPORT OF FINDINGS
The application for a VARIANCE on behalf of Ra DUV Bra s
doe s not show/1:
1. That there are special conditions or exceptional characteristics
in the nature of the property to be affected or that it's location, or it's
surroundings are such as will permit the Commission to make a determination
that a literal enforcement of the Ordinance would result in practical
difficulties or unnecessary hardships; and
2. That the granting of the application is necessary for the pre-
servation and enjoyment of substantial property rights; and
3. That the granting of the application will 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 which it is proposed 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.
-2-