Resolution No. 3524RESOLUTION NO. 3524
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 AN AIR CONDITIONING UNIT ON THE ROOF
OF AN EXISTING HOME IN THE RS -6,000 RESIDENTIAL SINGLE - FAMILY ZONE.
VARIANCE NO. 88 -11
THE CITY COUNCIL OF THE CITY OF CYPRESS HERESY 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 air conditioning unit on
the roof of an existing home at 4161 Dover Circle.
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 and adequate screening must be
installed.
b. The strict or literal interpretation of the City Ordinance
prohibiting air conditioning units on roofs would constitute a hardship
since the equipment serves as a cooling system that operates in
conjunction with the house's structural duct system.
c. This request would not constitute the granting of a special
privilege since neighboring homes have similar roof mounted air
conditioners.
4. The City Council DOES HEREBY GRANT said variance subject to the
following conditions:
a. The applicant shall obtain all necessary building and
electrical permits and comply with all requirements of the Cypress
Building and Safety Division.
b. The roof mounted air conditioning unit shall be adequately
screened from view using materials to match the existing building.
c. The air conditioner must meet the Noise Ordinance standards
set out 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.
d. In implementing the conditions of approval, it was indicated
at the meeting that a noise study may be required to ensure that the air
conditioning unit meets Cypress Noise Ordinance requirements.
Additionally, the property owner located at 4166 Dorset Drive (directly
behind the applicant) will be consulted when determining the adequacy of
screening materials for the air conditioning unit.
PASSED AND ADOPTED by the City Council of the City of C ress at a
regular meeting held on the 13th day of February 1989.
ATTEST:
•
MAYOR OF THE CITY OF CYPRESS
343
346
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 _13th day of February 1989, by the following
roll call vote:
AYES: 4 COUNCIL MEMBERS: Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Age
CITY CLERK OF THE TY OF CYPRESS