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Resolution No. 3603RESOLUTION NO. 3603 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 CONSTRUCTION OF A SECOND STORY DECK WITH SPA FOR A SINGLE FAMILY HOME. VARIANCE NO. 89 -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 the construction of a second story deck with spa located at 9292 Nancy Street. 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 proposed second story deck and spa meet the requirements of the City of Cypress Zoning Ordinance, except for the subject variance. b. The proposed second story deck and spa are compatible with residential uses, since similar decks have been approved for other single - family homes in the City. c. The size and shape of the second story deck and spa will not be detrimental to the public health, safety and welfare since adequate fence and landscape screening will be provided. 4. The City Council DOES HEREBY GRANT said variance subject to the following conditions: a. The applicant shall construct the proposed deck as shown on the approved plans. Additions or expansion beyond the approved plans shall not be granted. b. The proposed deck and spa shall be constructed and installed subject to review and approval by the Building Division of the Public Works Department. c. Prior to issuance of a Certificate of Use and Occupancy for the second story deck, the Planning Department shall inspect the project for compliance with the approved plans. d. A minimum 5' high screening wall shall be installed around the spa; with a 3 1/2' railing also required around the perimeter of the deck. The height of these structures is to be measured from the floor line of the spa. e. Five gallon Cypress Leylandii trees shall be planted 7' on center, along the east property line. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Variance No. 89 -5, subject to the conditions set forth in this Resolution. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 24th day of July 1989. awe,/ F THE CITY OF CYPRESS ATTEST: CIT LEK 0 THE C Y OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) I, DARRELL ESSEX, City Clerk that the foregoing Resolution was said City Council held on the 24th call vote: of the City of Cypress, DO HEREBY CERTIFY duly adopted at a regular meeting of the day of July, 1989, by the following roll AYES: 3 COUNCIL MEMBERS: Age, Kanel and Kerry NOES: 1 COUNCIL MEMBERS: Arnold ABSENT: 0 COUNCIL MEMBERS: None ABSTAINED: 1 COUNCIL MEMBERS: Bowman 2 CITY CLE CYPRESS CLERK OF THE CITY F rl