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Resolution No. 4123RESOLUTION NO. 4123 217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW A ROOF MOUNTED AIR CONDITIONING /HEATING UNIT. VARIANCE NO. 92-5 THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That an application was filed for a variance from the terms of the Zoning Ordinance of the City of Cypress to allow an existing air conditioning /heating unit to remain on the roof of a single - family residence located at 10454 Saratoga Street in the RS- 6000 Residential Single - Family Zone. 2. That the City Council, after proper notice thereof, duly held a public hearing on said application as provided by law. 3. That the City Council hereby finds that: a. The granting of the variance will not be detrimental to the public health, safety, or welfare of materially injurious to properties or improvements in the vicinity since the air conditioning /heating unit must meet the city of Cypress Noise Standards. b. The request would not constitute the granting of a special privilege since other homes in the same zone have roof mounted air conditioning /heating units. c. Strict or literal interpretation and enforcement of the specific regulation would result in practical difficulty or unnecessary physical hardship in that the rooftop electrical ducts are already installed. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Variance No. 92 -5, subject to the following conditions: 1. The applicant shall obtain all necessary building and electrical permits required for the subject air conditioning /heating unit. 2. The air conditioning /heating unit shall meet the Noise Ordinance standards set forth in Chapter 13, Article VII of the Cypress Municipal Code. If excess noises (above 55 db(A) noise level) are emitted from the subject unit, noise suppression devices shall be installed. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 9th day of November , 1992. A'1'1 EST: 7-X CITY CLERK OF 4&eF CYPRESS MAYOR OF THE CITY OF CYPRESS STATE OF CALIFORNIA SS COUNTY OF ORANGE I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 9th day of November , 1992, by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 0 ABSTAINED: 1 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MBERS: Age, Bowman, Kerry and Nicholson None None Partin CITY CL K OF THE CITY OF CYPRESS