Resolution No. 3724RESOLUTION NO. 3724
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING A VARIANCE
FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW A 634
SQUARE FOOT REAR YARD OPEN AREA AND A SETBACK OF FIVE FEET (5')
VARIANCE NO. 90 -3
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 a 634 square foot rear yard
open area and a setback of five feet (5') located at 4038 Cardiff Drive.
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 does hereby DENY said variance because the
following findings required by Section 17.3 -7 of the Cypress Zoning Ordinance
cannot be made:
a. That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved which do not apply
generally to other properties within the same zone.
(1) This finding cannot be made because the subject property
is not of unusual size, shape or topography or is not affected by
surrounding properties so as to create extraordinary circumstances
or conditions.
b. That the strict or literal interpretation and enforcement of the
specified regulation would deprive the applicant of privileges enjoyed
by the owners of other properties in the same zone.
(1) This finding cannot be made because there are no other
owners in the same zone which have received approval from the City
to exceed the allowable rear yard setback or rear yard unoccupied
area.
c. That the granting of the 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.
(1) This finding cannot be made because the granting of this
variance to allow a reduced rear yard setback and reduced rear yard
unoccupied area would constitute a special privilege inconsistent
with the limitations on other properties in the vicinity
classified in the same zone.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby DENY Variance No. 90 -3.
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 9th day of April 1990.
R OF THE CITY OF CYPRESS
• (ire
ATTEST:
CITY CLERK THE Y 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 9th day of April , 1990, by the
following roll call vote:
AYES: 4 COUNCIL MEMBERS: Arnold, Bowma, Kanel and Kerry
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAINED: 1 COUNCIL MEMBERS: Age '
CITY CLERK OF THE CITY/ OF CYPRESS