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Reso 167 File No. 44-v-63 PLANNING COMMISSION RESOLUTION NO. 167 WHEREAS, the Planning Commission of the City of Cupertino received the application of A. T. COOK & R. J. WILSON for a VARIANCE to allow three buildings on one site; and WHEREAS, the applicant has met the burden of proof required to support his said application. NOW, THEREFOREi BE . IT RESOLVED! That after careful consideration of :maps, facts, exhibits and other evidence submitted in this matter, the application for the VAR- IANCE 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 Commission of the City of Cup- ertino, State of California, this 28th day of October, 1963, by the ® following roll call vote: AYES: Commissioners : Adamo, Rampy, Small, Snyder, Frolich NOES: Commissioners: Fitzgerald ABSENT: Commissioners: Leonard /s/ Donald Frolich Chairman, Planning Commission ATTEST: /s/ Robert S. .Shook Secretary, Planning Commission -1- File No. 44-V-63 REPORT: OF .FINDINGS., • The application for a VARIANCE AN E on behalf of A T. COOK and R. J. WILSON shows: 1. That there are special conditions or exceptional characteris- tics in the nature of the property to be affected or that it' s idea- 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 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. • -2-