Reso 166 File No. 38-V-63
PLANNING COMMISSION RESOLUTION NO. 166
WHEREAS, the Planning Commission of the City of Cupertino received
the 'application of Les-Tom Enterprises; Inc , , for a VARIANCE to allow a
rear yard of 10 ' where Ordinance requires 20 ' ; and
. WHEREAS, the"applicant has met the burden of proof' required to
support his said application. • .
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NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other '
evidence. submitted in .this matter, . the application far the VARIANCE be,
and the same is hereby recommended for approval to 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 Secretary be, and is hereby, directed to notify
the .parties affected by this decision.
PASSED AND ADOPTED by the Planning of the. City of Cupertino,. State
• of ,California, this. 28th day of. October, 1963, by the following roll
call vote:
AYES: Commissioners : Adamo, Fitzgerald, Rampy, Small, Frolich
111 NOES: Commissioners : Snyder_
ABSENT: Comm issioner : Ltt.Qnars : .
/s/ Donald Frolich
Chairman, Planning Commission
ATTEST:.
' •/s/ Robert S. Shook
Secretary, Planning Commission
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File No. 38-V-63
REPORT OF FINDINGS •
The application for a VARIANCE on behalf of
LES-TOM ENTERPRISES, INC. shows:
1. That there are special conditions or exceptional characteris-
tics in the nature of the property to be affected or that it 's loca-
tion, or it ' s surroundings are such as will permit the Commission to
make a. determination. 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 af-
fect adversely the health or safety of persons residing or working in
the neighborhood of the property which is the subject of the applica-
tion, and that the use of said property in the manner which it is pro-
posed to be used will not be materially detrimental to the public wel-
fare or injurious to the value of property or improvements located in
said surroundings.
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