Resolution No. 36149
RESOLUTION NO. 3614
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 EXISTING AIR CONDITIONING UNIT TO REMAIN IN
THE SIDE YARD AND TO ALLOW AN EXISTING PATIO ENCLOSURE TO ENCROACH INTO THE
REAR YARD AREA OF A SINGLE - FAMILY HOME.
VARIANCE NO. 89 -10
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
unit in the side yard and to allow an existing patio enclosure to encroach
into the rear yard area of a single - family home located at 10002 St. Vincent
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 1) the air conditioner must meet
the City of Cypress Noise Standards and 2) the patio enclosure will meet
all building code requirements.
b. The request would not constitute the granting of a special
privilege, since 1) other homes in the area have air conditioning units
in the side yard, and 2) due to the house being located at the end of a
cul -de -sac creating too small of a rear yard to construct a reasonable
patio encloser similar to other homes in the area.
c. Strict or literal interpretation and enforcement of the
specifies regulation would result in practical difficulty of unnecessary
physical hardship in that the air conditioner and patio enclosure is
already in existence.
4. The City Council DOES HEREBY GRANT said variance subject to the
following conditions:
1. The property owner shall install the necessary noise
suppression devices in such a manner that the air conditioning unit meet
the noise standards set forth in Article VII of the Cypress Municipal
Code.
2. The applicant shall obtain necessary building and electrical
permits and comply with all requirements of the Cypress Building and
Safety Division.
3. If the enclosed patio is converted into a room addition, the
room addition shall be required to meet all codes.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Variance No. 89 -10, 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 28th day of August 1989.
ATTEST:
STATE OF CALIFORNIA )
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 28th day of August, 1989, by the following roll
call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES:
0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY C ERK OF OF H CITY CYPRESS
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