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CC Resolution No. 7553 RESOillI'ION NO. 7553 A RESOillI'ION OF THE CITY OXJNCIL OF THE CITY OF C1Jk'-.I'.J..¡\[O APPROVING VARIANCE 'IO SOOIT DESIGN lISSOCIATFS (MRYTlE ŒlEIBAY) m:M SECl'ION 10.2 OF ORDINANCE 779 'IO ALICM A THREE S'IORY STRUCI'lJRE IN LIEU OF A 'IID-S'IORY SI'RUCI'lJRE; IDC'ATED ON THE SOOTHEAST roRNER OF SAliM AVENUE AND ALPINE AVENUE WHEREAS, the applicant has met the burden of proof required to support his said application; ani WHEREAS, the Planning canunission, after duly noticed public hearings, has foJ:WaI.'ded its rec::ammenjations to the city Council. NCM, THEREFORE, BE rr RESOLVED that after careful consideration of maps, facts, exhibits ani ather evidence submitted in this matter, the application for the Variance (3-V-88) be and the same is hereby approved with the follOltlin:,J con:litions ani findings: FDIDINGS : 1. '!hat there are extraordinaJ:y circumstances or conditions pertainin:.J to the lani, buildin; or use which do not generally apply to lani, buildin; arDjor uses in the same district. 2. '!hat the grantin:,J of the variance action is necessa¡:y for the preservation ani enjoyment of suÞstantial property rights, 3. '!hat the hearin:,J record de1ronstrates that the grantin:,J of the variance will not have a material, adverse :iJtqJact upon the health or safety of persons residin; or working in the neighÞorllood of the property. Further, the manner in which the property will be used suJ:Jsequent to iJrplementation of the variance action will not be materially detrimental to the public welfare or injurious to the value of property or iJrprovement located in the vicinity of the property affected Þy said variance. BE IT FURIHER RESOLVED that the City Clerk be ani is hereby directed to notify the parties affected Þy this decision. RESOllJTION NO. 7553 PlISSED AND AOOPI'ED at a regular meetin:,J of the city Council of the City of CUpertino this 5th day of July, 1988 Þy the follOltlin:,J vote: Vote MemI:>ers of the City Council AYFS: Johnson, Koppel, Plun:¡y, Rogers, Gatto NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ John M, Gatto Mayor, City of CUpertino ATI'FST: /s/ Dorothv Co:r:nelius City Clerk