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Reso 092 File No. 21-V-62 411 PLANNING COMMISSION RESOLUTION NO. 92 WHEREAS,' the- Planning Commission of the 'City of Cupertino received the application of HERBERT .KETELL. for a VARIANCE for a front yard setback of 15 ' on lots 3, 8, 10, 22 ' of Tract 3061 - ; and WHEREAS, the applicant .ice, has not, 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 'tatter, the application for the VARIANCE kx; • not be, and the same 'EC, is not, hereby recommended for approval to tfie City Council of the City of Cupertino .c&p-appPalaP a z- r- 6a 'be- lie- e s•-&ice-ear c e s-wI & -are-&t aeher -k&&ba-�rx -r ace-a-per�� IJ 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 26th day of February , 19 6.2 , by the following roll call vote: AYES: Commissioners: Fitzgerald, Frolich, Leonard, Rampy,- Small NAYS: Commissioners: None ABSENT: Commissioners: Adam,. Snyder /s/ E. J. Small Chairman of the Planning Comm. ATTEST: /s/ Lawrence K. Martin Secretary of the Planning Commission 410 -1 • - 1 f I I, File No , 21-V 62 REPORT :O . F-!,� INGS c on for a VARIANCE on �:ehl f ofRRFRT KETELL. • ' The applz aA. - -•d. . . oeis • not- show - • - . . s ewfia ' .. ... _ III _.. .. .,_... . .. jl 1'. That there are special condit �ons �or exceptional characteristics in the nature of the property- to be afrected- or that it' s- 'location; or-- . it ! s surroundings are such as will per'14iit the Commission to make a deter- mination that a literal enforcement- of the Ordinance would result in f practical difficulties or_ unnecessary ;hardshi ps9 and 2. That the granting of the appli'��ation is necessary for the pre- . servation and enjoyment of substant_allproperty rights; and. . ,G . 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-.pr-o.perty: in tl'.e manner which it is proposed. to . be used-w-ill---not._b-e_ materially .detr-ime.ritaLto.__the.pub_li_c_wel are .cr _in-_ "' n _jurious to the value of property or i4rovements located in said surr- Qundings. ! . . f • . I, I�1 . ' 11. J; •• 1;, . ,,, 1 -2- • 1