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PC Reso 527 80,000.6 4-v-68 RESOLUTION N0. 527 OF THE PLANNING COMMISSION OF TNE C�mY OF CUPERTINO RECOMMENDING THE DENIAL OF A VARI�IVCE to reduce side yard setback f'rom six (6� � ee � to fo�a:r ��� feet. APPLICANT: JOHN GATTO ADDRESS : 10296 Plum Tre� L�.n.e, Cupertino j California SUBMITTED: May� 8, 1968 LOCATION: 10296 Plum Tr�ee Lane ZUNE: R1-��5 AR.FA: 1/5 acre -----------------------------------------�----------------------- �Continued frol� Page l� FURTHER FINDINGS: None ------------�__M_-_-------�--------------------------------------- PAS,SED _AND kDOrTED th.is 27th day of" i�Iat� �968 at a regular meetin� o� the �lanning Commissicn oi �he Cit�y of Cupertino, State of Caly� o� nia, `�y t�e f ol� ov�ping roll ca11 vote : AYES: Com� Bu��lenuth, Hirshon, Irw�n, Puetz and Frolich NAYS : None APPROVED: �� � J`.r--�� �, ����� � � Donald A. Frolich C�airman, Planning Commission ATTEST: Adde Laurin. D�.rectoz° o� P_l_anlz�n.�; es um �ssist Planner � _ -�r� `'y�� - 2 - ' � .,� � '•.� _ ,:v^. �� r' . _ ' . Y_ r C T T Y 0 F �� U P E R T:I N 0 City Ha1l, 10300 Torre Avenue Cupertino, Cal�fornia �501� Telephone: (�08� 252-�+505 RESOLUTION OF THE PLANNING CGMMTSSION OF THE C�TY OF CUPERT2N0 RECOMMENDING THE DENIAL OF A V!"iRIAN�E WHEREAS the Plannirlg Commission of the City of Cupertino received an application for a VARIANCE, as stated on Page 2, and WHEREAS the applicant has NOT met the burden of proof required to support his said application, and WHEREAS the Planning Commission finds th�t the application does NOT meet all of the following requiremenisa l. That there are special condit:ions or exceptional characteristics in the nature of the proper�y to be affected, or that its loca- tion or its surroundings are such as will permit the Commission to make a determination that a l�teral enforcement of the Ordi- nance would resulv in practical diff:iculties or unnecessary hard- ships; and 2. That the granting of the ap ��:ication is necessary for the pre- servation and enjoymerlt of substanti�.l proper�ty rights; and 3• That the granting of the app:l�cat�ion wi11 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 �he use of said property in the manner which it is proposed to b:e.used will not be materially detri- mental to the public welfare or injurzous to the value of the property or improvements l.ocated irz s�i:� surroundings. NOW, THEREFORE, BE IT RESGLVED. That after careful consideration of maps, facts, exhibits and other evidence submitted in this mat�er� the applic�,tion for the VARIANCE be, and the same is, hereby NOT recommended for approval to the City Couri��i�� c�;f the � C�ty of Cupertino; and BE IT FURTHER RESOLVED� That the findings quoted above and on Page 2 are approved and adopted, and that the Secretary be, and �s hereby, directed to notify the parties affected by thi.s decisionm (Continued on Page 2} -1-