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CC Resolution No. 7178 RESOIIJTION NO. 7178 A RESOIIJTION OF 'nIE CITY a:uNCIL OF 'nIE CITY OF aJPER1'INO APPROVING VARIANCE FR:M ORDINANCE NO. 1154 TO AUJ:M REWCI'IONS IN THE AM:XJNI' OF REÇUmED IANDSCAPING; SRI SERVICES, PROPERl'Y LOCATED ON 'nIE WFST SIDE OF SCXJI'H SARA'roGA-SUNNYVAIE ROAD, APPROXIMATELY 350 FT. SOO'IH OF RAINB:::M DRIVE (APPLICATION I-V-87) WHEREAS, the applicant has met the burden of proof required to support his said application; am. WHEREAS, the Plannin;¡' Canunission, after duly noticed p.¡blic hearings, has fo:rwarded its recu.,.....cxJatians to the City Council. NCM, 'IHl!=Ul<I!:, BE IT RESOLVED that after careful consideration of maps, facts, exhibits am. ather evidence submitted in this matter, the application for the Variance (1-V-87) be am. the same is hereby approved with the following coroitians am. finiings: CXJNDITIONS: CXJNDITIONS AI:MINISTERED BY 'nIE PlANNING DEPARIMENT 1. APPRJVED EXHIBITS '!he recomtIIe1'dation of approval is based on Exhibits A 1st Rev., C-l, am. staff exhibit of Application 3-U-87, except as may be amended by the Con:1itions contained in this Resolution. 2. IANDSCAPING AND DRIVEWAY r-DDIFICATIONS '!he landscape areas am. northern driveway shall be IOOdified to reflect the an-angement shown on the staff exhibit. 3. APPROVED VARIANCE '!his approval waives Con:1ition 19b of the South Saratoga-SUnnyvale Concept1Jal Zoning Plan am. allows an average landscape depth alon;¡ the Saratoga-SUnnyvale Road frontage of approximately 30 feet as shown on the staff exhibit of Application l-U-87. RESOIDI'ION NO. 7178 '!his approval also waives Condition 19c of the South Saratoga-SUnnyvale Conceptual Plan and authorizes 1arrlscaping alOnJ the Highway 85 frontage road as depicted on the staff exhibit of Application 1-U-87 FINDINGS: 1) '!hat there are special con::iitions or exceptional characteristics in the nature of the property to be affected, or that its location or its surrouniings are such as will pennit the Commission to make a determination that a literal enforcement of the Procedural Ordinance would result in practical difficulties or unnecessary hardships. 2) '!hat the granting of the variance action is necessary for the preservation and enjoyment of substantial property rights. 3) '!hat the hearing record deronstrates that the granting of the variance will not have a material, adverse ~ct upon the health or safety of persons residing or workin;J in the neighbomcxxi of the property. Further, the manner in which the property will be used subsequent to ÍIlQ?lementation of the variance action will not be materially detrimental to the public welfare or injurious to the value of property or inprovements located in the the vicinity of the property affected by said variance. BE IT FURI'HER RESOLVED that the City Clerk be and is hereby directed to notify the parties affected by this decision. PASSED AND AOOPI'ED at a regular meeting of the city Council of the City of CUpertino this 4th day of Mav , 1987 by the following vote: RESOIIJTION NO. 7178 vote Members of the City Council AYES: Gatto, Johnson, Plungy, Rogers, Sparks NOFS: None ABSENT: None ABSTAIN: None APPROVED: /s/ W. Reed Sparks Mayor, City of CUpertino A'ITEST: js/ Roberta A. Wolfe Deputy City Clerk