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Resolution No. 38744 1 RESOLUTION NO. 3874 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 THE INSTALLATION OF AN AIR CONDITIONING UNIT WITHIN THE SIDE YARD. VARIANCE NO. 90 -19 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 the installation of an air conditioning unit within the side yard of a single - family residence located at 4435 Avenida Carmel 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 or materially injurious to properties or improvements in the vicinity since the air conditioner 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 air conditioning units in the side yard. c. Strict or literal interpretation and enforcement of the specific regulation would result in practical difficulty or unnecessary physical hardship in that the electrical ducts are already installed within the concrete foundation with hookups located within the side yard area. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Variance No. 90 -19 subject to the following conditions: 1. The applicant shall obtain all necessary building and electrical permits and comply with all requirements of the Building Division. 2. The air conditioning unit must meet the noise ordinance standards set forth in Article VII of the Cypress Municipal Code. If there are any excess noises or disturbances coming from the air conditioning 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 14th day of January, 1991. ATTEST: CITY CLERK OF THE CITY /OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) MAYOR OF THE CITY XF CYPRESS 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 14th day of January, 1991, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Kerry, Nicholson, Partin and Bowman NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ?"yy 0� THE C I�0 CITY CLERK OF CYPRESS