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Resolution No. 3699RESOLUTION NO. 3699 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 LATTICE TYPE PATIO COVER WHICH WILL EXTEND TO WITHIN ONE FOOT OF THE REAR PROPERTY LINE VARIANCE NO. 90 -1 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 lattice type patio cover to replace the existing metal cover which extends to within one foot of the rear property line located at 9763 Cedar Court. 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. Because of the unusual shape and size of the subject parcel, certain conditions are applicable to the subject property which do not apply generally to other properties in the same zone. b. Strict or literal interpretation and enforcement of Section 9.4.C.1 of the Cypress Zoning Ordinance would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone, since patio covers similar to the proposed one exist on properties adjacent to the subject site. c. The granting of this 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. d. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. e. The proposed patio cover meets the requirements of the City of Cypress Zoning Ordinance, except for the subject variance. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Variance No. 90 -1, subject to the conditions below: 1. The applicant shall comply with all requirements of the building Division. 2. The applicant shall construct the proposed patio cover as shown on the approved plans. Any changes to the patio cover shown on the approved plans shall require a separate design review. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 26th day of February 1990. MA 0 OF THE CITY OF CYPR S n �4J ATTEST: X. CITY CLERK OF T E CITY OF CYPRESS 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 26th day of February , 1990, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Arnold, Bowman, Kerry and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAINED: 1 COUNCIL MEMBERS: Age 2 CITY CLERK OF THE CIT OF CYPRESS