Reso 195 •
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File No. 1-V-64
• PLANNING COMMISSION RESOLUTION NO. 195
WHEREAS, the Planning 00-0-41•Li. 1o;i. of the City of Cupertino received
the application of E:14DT..:ED a -c,TI\.1.-.:.f"..0:0*C1.11 to allow a rear yard -
set back of 13 - 4'1 wh or-( Od:1.nLrip.(::f.: quip 0 3 , and
WHEREAS, the aPP.1 it ant hds iec. the burden of proof required to
support. his -said abplication.- •
NOW, THEREFORE, BE IT RESOLVED:
•
That after careful consideration of maps, facts,. exhibits and
other evidence submitted in this Matter, the application for •the VAR-
IANCE be, and the same is hereby recommended for approval to the City
Council of the City of Cupertino for appropriate action.
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BE IT FURTHER ,RESOT_;VED: • •
That. the report of findings attached hereto are 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 C 011)1111S B:I_011. of the City of Cu-
pertino, State of California, this 26th day of February, 196)4 by the
following roll call vote:
AYES: Commissioners : Rampy„ Small, Snyder, Thomson, Fitzgerald
NOES: C(.. :nissioners 2 None
ABSENT: Commissioners: Adam, 'Frolic la
/s/ Jerry Fitzgerald
Vice-Chairman, Planning Commission
ATTEST:
/s/ Robert S. Shook
Secretary, Planning Commission
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111
File No. 1_Vp64
1
F;1 ri q;r0
The application for a VAEI.ANC ?E on behalf of ELDRED J. KJNKEL
shows:
1. That there are special conditions or exceptional characteris-
tics or that it' s loca
-
tion, the property er�t to be affected
in the nature of y
p p
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 app ication is necessary for the pre-
servation and enjoyment of substantial property rights; and
3. That the granting of the application will not materially af-
fect adversely the health or safety of persons residing or working in
the neighborhood of the property whic1., is the subject of the applica-
tion, and that the use: of said proper y the manner which it is pro-
posed to be used will _noi:; be materially cieL irnental to the public wel-
fare or injurious to the value of property or improvements located in
said surroundings.
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