Resolution No. 422345
RESOLUTION NO. 4223
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DENYING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE
OF THE CITY OF CYPRESS TO ALLOW A 634 SQUARE FOOT REAR YARD
OPEN AREA AND A SETBACK OF FIVE FEET (5').
VARIANCE NO. 93 -7
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 a 634 square foot rear yard open area and a
setback of five feet (5') located at 4038 Cardiff Drive.
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 does hereby deny said variance because the following
findings required by Section 17.3 -7 of the Cypress Zoning Ordinance cannot be made:
a. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved which do not apply generally to other properties
within the same zone.
(1) This finding cannot be made because the subject property is not
of unusual size, shape or topography or is not affected by surrounding properties so
as to create extraordinary circumstances or conditions.
b. That the strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners of other
properties in the same zone.
(1) This finding cannot be made because there are no other owners
in the same zone which have received approval from the City to exceed the allowable
rear yard setback for a second story addition.
c. That the granting of the variance as conditioned will not constitute the
granting of a special privilege inconsistent with the limitations on other properties
in the vicinity classified in the same zone.
(1) This finding cannot be made because the granting of this
variance to allow a reduced rear yard setback and reduced rear yard unoccupied area would
constitute a special privilege inconsistent with the limitations on other properties in the
vicinity classified in the same zone.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby deny Variance No. 93 -7.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 26th day of July , 1993.
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/&1-4-4
AYOR OF THE CITY OF SS
456
ATTEST:
CITY CLERK O TH CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 26th day of July , 1993, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Bowman, Nicholson and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Kerry
ABSTAINED: 1 COUNCIL MEMBERS: Age Lao IjA
CITY CLE K OF THE CI OF CYPRESS
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