Reso 141 File No. 32-V-63
PLANNING COMMISSION RESOLUTION NO. 141
411
WHEREAS, te Manning Commission of the City of Cupertino: receive;
the 'application-of Douglas H. Freeborn
for .a VARIANCE for`,<.. a, rear yard setback of 1 e 0" where ordk,na,nce regni r► s
20 9 10416 Cherry Tree Lane
WHEREAS, the applicant has, ls; grc . met the burden: of proof re-
quired to support-his said application.. .._
• NOW. T HEREFORE- BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other
evidence submitted in this matter, the application for the VARIANCE be,
, _ and..the,: same,.;is, -260=DIr, hereby recommended . for 'approval co' the
City Council of the .City of Cupertino for appropriate action:'
BE IT FURTHER RESOLVED: .:
That -the report of findings:.attached hereto. are approved and adopted,
and that the Secretarybe, arid is hereby, directed to notify the parties
affected by-this :,decision.
PASSED AND ADOPTED by the Planning Commission of_.the City of Cu.pe_°t_U:. .
State of California, this$th. day of July . , 19 , by the
following roll call;vote°...
AYES: Commissioners:';.-Adamo, Fitzgerald, Leonard, .Ramp, Small, Frolioh
NAYS: Commissioners: . Nome .. .
ABSENT: Commissioners: Snyder..__ „;:
/s/ Donald Frol eh
Chairman;. of... the :Planning ,Comm.
ATTEST:
Lawrence K. l aitin
Secretary of the Planning Commission
110
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File No. 32-V-63. 110
REPORT OF FINDINGS
The application for a VARIANCE on behalf, of
Douglas H. Freeborn shows:
1. That there are special conditions or exceptional charac-
teristics in the nature of the property to be affected
• or that itts location, or it' s surroundings are such as
• will permit. the Commission to make a determination
that a literal enforcement of the Ordinance would re-
sult in practical difficulties or unnecessary hardships;
and
2. That the granting of the application is necessary for
the preservation and enjoyment of substantial property
rights; and
3. That the granting of the application will not materially
affect adversely the health or safety of persons re-
• siding or working in the neighborhood of the property
which is the subject of the application, and that the
use of said property in the manner in which it is pro-
posed to be used will not be materially detrimental
to the public welfare or injurious to the value of
property or improvements located in said surroundings.
411
City of Cupertino
VARIANCE - FINDINGS
1960