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Reso 173 410 File No. 39-V-63 PLANNING COMMISSION RESOLUTION NO. .173 WHEREAS, the Planning Commission of the City of Cupertino received. the application of STEVENS CREEK GARDEN CENTER for a VARIANCE to the Sign Ordinance to allow a total sign area of 70 square feet where Or- dinance allows 55 square feet;, and, WHEREAS, the applicant has met the burden of proof required to support his said application. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits and other evidence. submibted, in his matter, : the application for the VARIANCE be and the same is hereby recommended for appro'.al 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 adopt- ed, 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 Cu- ll pertino, State of California, this 18th day of November, 1963, by the. following roll call vote: AYES: Commissioners: Adamo, Rampy, Small, Snyder, Frolich NOES: . Commissioners: Fitzgerald ABSENT: Commissioners: None /s/ Donald Frolich .•. Chairman, Planning Commission ATTEST: /s/ Robert S Shook Secretary, Planning Commission • -1- File No. 39-V-63 110 REP OR T."� Ij'INDING3 _ The application for. a VARIANCE on behalf. .of STEVENS CREEK GARDEN CENTER shows : : : .. 1. That there are special conditions or exceptional characteris- tics in the nature of the property to be affected or that it 's location, 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.. 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 the use of said property in the manner which it is proposed 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. • -2-