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Reso 080 • File No. 16-V-61 ® PLANNING COMMISSION RESOLUTION NO. 80 -WHEREAS, the Planning Commission of the City o " Cupertino received the application of CUPERTINQ PROPERTIES,, ,LTD:. • for a VARIANCE for the- rear-yard setbacks on lots 10, 18 17, 18, Tract 288Q • • • • • . and • • WP REAS, the applicant has, Immxmxot, met the burden of proof re- quired 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 be, xrautxim 'and the same is, mc hereby recommended .forapprovai to the City Council of the City of Cupertino for apprdpriate• actionn -sruliect t-r-t- re-~ r!rr -- nd-�e 1-i-t i-crrrs-rnrkri e --a re- e.-t-ta, ed--±re re- --a.Trel- . to -a--pe, • S BE IT FURTHER RESOLVED: That the report of findings attached hereto approved and adopted, and that the Secretary be, and is hereby, directed to notify the parties affected by this decision. PASSED AND ADOPTED by the Planning Commission of the City of Cupertino_, State of California, this 27th day of • November , 19 61 , by the following roll call vote: AYES: Commissioners: Adamo; Fitzgerald, Fro1ich,- Le-onard, Rampy,- Snyder, Small NAYS: Commissioners: None ABSENT: Commissioners: None- /8/ E. J. Small Chairman of the Planning Comm. ATTEST: Lawrence K. Martin Secretary of the Planning Commission 410 -1- File Noe t 6-4-C • REPORT OF FINDINGS Tl� application for a VARIANCE on ,behalf of "'`�"v4 shows 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 deter- mination 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- matarial-ly--de-t.r- me.ntal,.t.o....the.. public..iw.al.fare _o.r jurious to the value of property or improvements located in-.said sure= oundings, 411 • • • • -2-