Reso 035 f
File No. 6-V
PL NNTINU collmi551ON RE5oLUTION NO. �5
411
WHEREAS, the Planning Commission of the City of Cupertino received the
application of THOMAS FRYER
for a VARL^,NCE for to allow 17'.6" front set-back on lot 16,
Tract 2436, We stacres
; and
WHEREAS, the applicant tg, has not, met the burden of prof
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 bra, not be,
and the same ignc 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 "A"
® BE IT FURTHER RESOLVED:
is
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 13th day of February , l 1 , by
the following roll call vote:
AYES: Commissioners, Leonard, Rampy, Snyder,- Small
NOES: Commissioners, None
ABSENT: Commissioners, Adamo, Bagar, Fitch
/sf E. J. Small (acting)
Chairman of the Planning Commission
Attest:
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/s/ Lawrence K. Martin
Secretary of the Planning Commission
410
File No. 6-V
411
REPORT OF FINDINGS
The application for a VARIANCE on behalf of
�NOMA� yER does not show
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.
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