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Resolution No. 3833RESOLUTION NO. 3833 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 IN THE SIDE YARD OF A SINGLE- FAMILY RESIDENCE VARIANCE NO. 90 -14 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 air conditioning unit in the side yard of a single - family residence located at 5042 Citation Avenue in the RS -6000 Residential Single - Family Zone. 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. b. The request would not constitute the granting of a special privilege since other homes in the same zone have air conditioning units in the side yard. c. Strict or literal interpretation and enforcement of the specific regulation would result in practical difficulty or unnecessary physical hardship in that placement of the air conditioner in the rear yard would result in damage to the recently applied texture coating and would result in improper drainage of the runoff from the condenser unit. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Variance No. 90 -14, subject to the following conditions: 1. The applicant shall obtain all necessary building and electrical permits and comply with all requirements of the Building Division. 2. The air conditioning unit must meet the Noise Ordinance standards set forth in Chapter 13, Article VII of the Cypress Municipal Code. If excess noises (above 55 dB(A) noise level) are emitted from the subject air conditioning unit, noise suppression devices shall be installed. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 24th day of September, 1990. ATTEST: CITY ERK OF (4YOPRESS E� STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS OF THE CITY OF CYPRaSS 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 24th day of September, 1990, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY -OF CYPRESS