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Reso 129 File No. 29-V 63 PLANNING COMMISSION RESOLUTION NO. L2 WHEREAS, the Planning. Commission of the City of Cupertino received the application of Les'-r,Tom E itrp *t:ses, C for a VARIANCE for a year Yard c 111 - Lot 3 , ,TraOt 3277 and WHEREAS,, the applicant has, l ; a met the burden of proof re- quired to support his said application. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts,' exhibits .and other evidence submitted in this matter, the application for the VARIANCE be, raz and the same 'is, ; hereby recommended for approval to the City Council of the City of Cupertino for appropriate action,. STIVTAKX hew bitibttu&kkx, ® BE IT FURTHER RESOLVED: That the report of findings attached hereto 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 Commission of the City of Cupertino State of California, this llth day of March , 19 .; , by the following roll call vote: AYES: Commissioners: F tzgerald o . h) Leonard) Small. Snyder .NAYS: Commissioners: hone ABSENT: Commissioners: Adaro Ra py hairman of the Planning Comm. ATTEST: : awre ce N. Martin Secretary of the Planning Commission -1- File No 2 - -5.. . REPORT OF FINDINGS Tle ap plicati on- for a. VARIANCE on behalf' of "To Erit ' ' S shows: 1. That there ..are special conditions or exceptional characteristics in the nature of the property to be - af; ected or that it ' s location, or it ' s surroundings are such as will pei-iliit the Commission to make a deter- mination that a literal enforcement of'', the Ordinance would result in practical difficulties or unnecessary hardships.; and 2. That the granting of the application is necessary for the pre- servation and enjoyment of substantial property rights; and - 3. That the granting of the application will not materially affect adversely the health or safety of perscns residing or working, in the neighborhood -of the' property which is ithe subject of the application, and that the use of said property in t e manner which it is proposed to be used will not be. materially detrimetal to the public welfare or in- jurious to the value of property or improvements located in said sure- pundings, II • . • • 411 it II jl it il ii II II it " u II -2- II