Reso 082 File No. 17-V--61
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PLANNING COMMISSION RESOLUTION NO. 82 •
WHEREAS, the Planning Commission of the Ci't;;r of Cupertino received
the application of CUPERTINO, PROPERTIES. LTD-,
for a VARIANCE for the rear-yard setbacks on lots 20.0,. 202,- 229;
Tract 2860 • _ •
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WHEREAS, the applicant has, has-not, -rnet 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,
met-be-9 and the same is, • ief=i.at, 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" .
Variance tentatively approved on lot 229 in the event no other
use can be found
® 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, Frolich-, Leonard, Rampy, Small
NAYS: Commissioners: Snyder
ABSENT: Commissioners: None
/s/ E. J. Small
Chairman of the Planning Comm.
ATTEST:
/s/ Lawrence K. Martin
Secretary of the Planning Commission
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Fi le Noe I 1 -4--C 4
REPORT '-OP -•FINDINGS . • - . -
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TIC a 1ica : . • . 41.) .
A on for a VARIAIvTCE on :azhalf
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hows:
1... That there are special conditions or exceptional characteristicsin the nature of the property 'to -be affected or that it ' s- location,- or
it ' s surroundings are such as will perrit the Commission to make a deter-
mination that. a literal eriforcetnent ofN the Ordinance would--result in ---
practical --diffi.culties or unne,cess:aryardships; and , -
• 20 ' That the granting of the appli ation iS necessary for the pre-
servation .and enjoyment of substantial'I3!-property rights; and
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=3. That the .granting of. the appl%,cation will. not materially .e.ffect
adversely. .the health'.or safety of persons: residing or working, n . the -
neighborhood of ..the property which is ;the-_ subf ect of the application,., , _--
and that, the use of - said property in the. manner-which it -is proposed 'CO .
be used will not -be materially. detrimental to the public welfare or in-
•furious to the value of property or improvements located in said-.sure- ,
oundings, ;+ I
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