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CC Resolution No. 7505 RFSOIlJI'ION NO. 7505 A RFSOWrICN OF 'IHE CITY CXXJNCIL OF 'IHE CITY OF CIJPERl'lliO APPBOVING VARIANCE 'IO FRED REINELL F1m SECI'ICN 8.2.3(c) OF ORDINANCE NO. 1374 'IO REWCE 'IHE ~ SECDND S'roRY SEl'BACK F1m 'lWENT1l (20) FEEI' 'IO .t".l.t".l~ (15) FEEI'; LOCATED CN SCVIH BIANEY AVENUE æIWEEN lAMAR œIVE AND RODRIGUES AVENUE WHEREAS, the applicant has met the burden of proof required to support his said application; and WHEREAS, the Planning Ccmmission, after duly noticed public hearings, has foJ:Warded its :recc:mntIenÙitions to the City Council. NCM, 'nlEREFORE, BE IT RFSOLVED that after careful consideration of maps, facts, e}åill)its and other evidence submitted in this matter, the application for the Variance (1-V-88) be and the same is hereby approved with the following con:iitions and fiIXiings: FINDINGS : 1. '!hat there are extraordinaJ:y circumstances or con:iitions pertaining to the land, I::W.lding or use which do not generally apply to land, building and/or uses in the same district. 2. '!hat the granting of the variance action is necessazy for the preservation and enjoyment of substantial property rights. 3. '!hat the hearing record denDl'.strates that the granting of the variance will not have a material, adverse iItpact upon the health or safety of persons residing or "lOrking' in the neighborhood of the property. F'L1rther, the manner in which the property will be used subsequent to iJIIplementation of the variance action will not be materially detrimental to the public welfare or injurious to the value of property or iJIIprovement located in the vicinity of the property affected by said variance. BE IT FURIHER RFSOLVED that approval of this variance does not include the front setback which must be considered via a separate exception application. BE IT FURIHER RFSOLVED that tbe City Clerk be and is hereby directed to notify the parties affected by this decisiœ1. RFSOIlJI'ION NO. 7505 PASSED AND AOOPI'ED at a regular meeting of the City Council of the City of CUpertino this 16th day of May, 1988 by the following vote: Vote Members of the City Council AYES: Johnson, Keppel, Rogers, Gatto NOES: Pl\.1n3Y ABSENT: None ~: None APPROVED: Isl John M. Gatto Mayor, City of CUpertino A'ITEST: Isl Dorothv COrnelius City Clerk